2160 CONGRESSIONAL RECORD-HOUSE )fEBRUARY 29 John W. Simmons to be postmaster at Moscow, Tenn., in ILLINOIS place of J. W. s :mmons. Incumbent's commission expired James F. Carr, Wauconda. June 17, 1939. Edwin L. Goddard to be postmaster at Saulsbury, Tenn., in KANSAS place of E. L. Goddard. Incumbent's commission expired Louie Haller, Alma. May 10, 1939. Mary Alice Housh, Winchester. TEXAS NEW JERSEY John Howard Payne to be postmaster at Dallas, Tex., in John R. Snedeker, Atlantic Highlands. place of W. B. Luna, retired. Emma Metze, Cliffwood. · David A. Greer to be postmaster at Henrietta, Tex., in place Fraser Bliss Price, Eatontown. of T. B. O'Bryan. Incumbent's commission expired August Thomas Francis Cummings, Seaside Heights. 7, 1939. Margaret J . Lippincott, Seaside Park. Moran Dunlap to be postmaster at Meridian, Tex., in place Mary G. Appleby, Spotswood. of H. D. Wintz. Incumbent's commission expired May 13, NORTH DAKOTA 1939. Fred A. Son1mars, Carrington. Olen C. Arthur to be postmaster at Spur, Tex., in place of John A. Nagel, Selfridge. 0. C. Arthur. Incumbent's commission expired August 21, 1939. PENNSYLVANIA John B. Hardin to be postmaster at Vernon, Tex., in place Grover C. Myers, Gardners. of J. B. Hardin. Incumbent's commission expired January Peter A. Conway, Girardville. 31, 1940. Clarence L. Schwartz, Littlestown. Leopold Morris to be postmaster at Victoria, Tex., in place Marshall M. Hill, Reno. of Leopold Morris. Incumbent's commission expired January 31, 1940. VIRGINIA HOUSE OF REPRESENTATIVES Benjamin H. Garrett to be postmaster at Ellerson, Va. THURSDAY, FEBRUARY 29, 1940 Office became Presidential July 1, 1938. The House met at 12 o'clock noon. WEST VIRGINIA The Chaplain, Rev. James Shera Montgomery, D. D., Fred Gainer to be postmaster at Parkersburg, W. Va., in offered the following prayer: place of A.M. Stephenson. Incumbent's commission expired Almighty God, we praise Thee for Him whose name is January 30, 1938. the Prince of Peace; how manifold are the images of Him. John Kenna Kerwood to be postmaster at Ripley, W.Va., in The child still stands in open-eyed wonder before Him as place of J. K. K erwood. Incumbent's commission expired He puts strange questions to the temple sages; to the·Iaborer January 31, 1938. He is still the carpenter toiling in the Nazareth workshop; WISCONSIN to the tempted He is still meeting the test in the wilderness Rinold N. Duren to be postmaster at Cazenovia, \Vis., in and vanishing the tempter by His unshaken faith; to the place of R.N. Duren. Incumbent's commission expired June weary He is still resting by the wayside well; to the bereaved 15, 1938. He is still weeping beside the mourners at the tomb. Oh, we Roger R. Austin to be postmaster at Lancaster, Wis., in thank Thee that we have seen Thy glory in the face of Jesus. place of R. R. Austin. Incumbent's commission expired Janu­ Heavenly Father, in His holy name let there come forth a ary 18, 1939. new knighthood that wm fling down the challenge before John W. Kelley to be postmaster at Rhinelander, Wis., in racial and creedal hate, malice, and the strongholds of sin. place of J. W. Kelley. Incumbent's commission expired Au­ Do Thou guide the world, for it is blind; deliver it, for it is gust 14, 1939. in bondage; and save it ere it is lost. In the name of our Joseph N. Thiele to be postmaster at Whitewater, Wis., in Redeemer. Amen. place of J. N. Thiele. Incumbent's commission expired Feb­ The Journal of the proceedings of yesterday was read and ruary 9, 1939. approved. WYOMING PERMISSION TO ADDRESS THE HOUSE George Thornton Beck, Jr., to be postmaster at Cody, \Vyo., Mr. MARTIN J. KENNEDY. Mr. Speaker, I ask unani- in place of J. F. Cook, resigned. mous consent to address the House for 1 minute. The SPEAKER. Without objection it is so ordered. CONFIRMATIONS There was no objection. Executive nominations confirmed by the Senate February 29, [Mr. MARTIN J. KENNEDY addressed the House. His re­ 1940 . . marks appear in the Appendix of the RECORD.l INTERSTATE COMr.fERCE COMMISSION HON. BARTEL J. JONKMAN Carroll Miller, to be an Interstate Commerce Commissioner. The SPEAKER. The Chair lays before the House the fol­ PROMOTIONS IN THE NAVY lowing communication from the Clerk of the House: MARINE CORPS FEBRUARY 29, 1940. The SPEAKER, To be lieutenant colonels House of Re'fYT"esentatives, Washington, D. C. Lucian W. Burnham Robert C. Thaxton DEAR SIR: The certificate of election, in due form of law, of Hon. Jacob Lienhard Jesse L. Perkins BARTEL J. JONKMAN as a Representative-elect to the Seventy-sixth Congress, from the Fifth Congressional District of Michigan, to fill John Groff Harold D. Shannon the vacancy caused by the death of Hon. Carl E. Mapes, is on file George F. Stockes Prentice S. Geer in this office. Jacob M. Pearce Lee H. Brown Very truly yours, SoUTH TRIMBLE, To be captain Clerk ot the House of Representatives. John A. Butler By H. NEWLIN MERILL. PosTMASTERS SWEARING IN OF MEMBER CALIFORNIA Mr. BARTEL J. JoNKMAN appeared at the bar of the House Nolan W. Smith, Alturas. and took the oath of office. 1940 CONGRESSIONAL RECORD-HOUSE 2161 EXTENSION OF REMARKS fication, she has wantonly arrogated to herself the unwar­ Mr. LUDLOW. Mr. Speaker, I ask unanimous consent to ranted prerogative of seizing upon our mails, delaying our extend my own remarks in the REcoRD at this point and to ships, and causing loss and injury to our commerce. History include therein a letter I have written. amply demonstrates that, while the immediate ill effects of The SPEAKER. Without objection, it is so ordered. such acts may be counteracted, the ultimate results of them There was no objection. may lead to serious and unavoidable consequences. Let no Mi. LUDLOW. Mr. Speaker, I have sent a letter to Mem­ act of any belligerent go unchallenged when that act inter­ bers of the House of Representatives asking them to sign feres with our rights as a peace-loving and neutral nation. discharge petition No.4. This is the discharge petition on my Yet, let our conduct of international relations be such that no resolution which proposes a constitutional referendum on nation can seize upon our line of action as an excuse to participation in overseas wars. The principle embodied in involve us in the present European conflict. [Applause.] this resolution is dear to the hearts of the American people EXTENSION OF REMARKS and now, when the United States is at peace with the whole Mr. LEAVY asked and was given permission to revise and world, would seem to be a proper time to bring this much-dis­ extend his own remarks. cussed resolution out of committee, debate it thoroughly, and Mr. SCHWERT. Mr. Speaker, I ask unanimous consent then vote on it. It is certain that a proposal which is so meri­ to extend my own remarks in the RECORD and to include torious and has so much sentiment back of it will never be therein a statement made by Dr. Francis E. Fronczak, health finally disposed of in any other way. I do hope that in this commissioner of the city of Buffalo, N.Y. time of peaceful relations with the world Members will give The SPEAKER. Without objection, it is so ordered. consideration to this vital question of domestic policy and by There was no objection. taking counsel of their sense of fair play will sign the discharge THE NEW ELECTRIC METER petition so as to give this resolution its day in the House. That is all that is asked, and it seems to me that it is a very Mr. RANKIN. ·Mr. Speaker, I ask unanimous consent to reasonable request. address the House for 1 minute. By unanimous consent of the House, I present herewith The SPEAKER. Without objection, it is so ordered. for publication in the RECORD the letter I have written to There was no objection. the Members of this body, as follows: Mr. RANKIN. Mr. Speaker, in my efforts to improve the FEBRUARY 26, 1940. conditions of the farmers of this country, one of my chief DEAR COLLEAGUE AND FRIEND: I hope you can see your way clear to battles has been that of getting electricity to the farmers' sign discharge petition No. 4, now at the Speaker's desk. This is homes, getting it to them at rates they could afford to pay, the petition that is intended to bring before the House for debate and a vote the resolution I have introduced for a constitutional and at the same time making it possible for them to secure amendment to give the people a right to vote on participation in the necessary electrical appliances at reasonable prices. foreign wars overseas. This proposed constitutional amendment One thing that has disturbed me most has been the fact would not interfere in any way or in any degree with our national defense. In case of attack or invasion of the United States or that we were using an electric meter in this country that any country in the Western Hemisphere, the referendum would not was not 'only obsolete, but that was so complicated that the apply. average farmer could not read it, and so expensive that he I believe that strong national defense, coupled with a referendum could not afford to buy it. It has four dials on it, with the · on nondefensive or overseas wars, would be the best peace insur­ ance this country could possibly have. hands on two of the dials turning clockwise and the hands Five Gallup polls have agreed in their findings that a majority on the other two turning anticlockwise. of the American people favor this constitutional amendment. I have one of those old meters here now, and I dare say Even though you may not now approve the resolution, please sign there are not a dozen Members of the House who can walk the petition to give it its day in the House. It is good Ameri­ canism, as well as good sportsmanship, to allow a proposal in up here and take a look at it and read it, offhand. I saw which so many millions are interested to be debated and then one very distinguished Republican Congressman, who has voted up or down as two-thirds of the House may decide. I do not had a good deal to say about my attitude on the power aslc you to vote for the measure, but only that you help to get it before the House for consideration in the good American way. question, make the attempt a while ago, and fail. If he I believe that is a reasonable request. cannot read it, how in the world can he expect the farmers Will you not help by signing discharge petition No. 4? in his district to read it, and especially the women and Yours sincerely, children on the farm? LOUIS LUDLOW. I learned several years ago that they were manufacturing AMERICAN NEUTRALITY meters in Canada with only one dial, that any schoolboy Mr. JACOBSEN. Mr. Speaker, I ask unanimous consent could read, and that could be sold for something like half to address the House for 1 minute. the price of these old cumbersome four-dial meters. I set The SPEAKER. Without objection, it is so ordered. in to try to get them put on the market in this country, and There was no objection. especially in those areas where we are building rural power Mr. JACOBSEN. Mr. Speaker, destructive wars and con­ lines, but I was informed that the manufacturers, for sev­ flicts now raging in Europe present to our own country dif­ eral reasons, said they could not make them. ficult, complex, and disturbing problems of statecraft whose I sent them word that if they could not make them, we solution tries to the utmost the talents of our ablest leaders. could get a reciprocal-trade agreement through with Canada Our President and the Department of State have met these and get these meters imported from Ontario. That brought courageously. They have emphasized more than frequently results; I was immediately notified that the manufacturers the neutral attitude of the United States toward the nations in this country were ready to make these meters for the involved. They have made clear and reiterated many times R. E. A. to be supplied to the farmers on the R. E. A. lines. the simple and obvious fact that we are at peace with every I have one of these meters here now. Instead of having people. They have stressed our rights as neutrals and have four dials, two running clockwise and two running anti­ vigorously protested the invasion of those rights by bel­ clockwise, it has only one dial or one straight row of ligerents. figures, just like the meter which registers the number of With every confidence in the ability of our administration miles traveled on an automobile. Where the old meter costs to cope successfully with intricate international developments $12.50, this new one costs only $8; that is, the large one. and to prevent our involvement in these foreign embroil­ I also have here a small meter for use in farm homes that ments; nevertheless, I, as a Member ·of this body, feel it my retails for $5, and answers every purpose. Instead of having duty to be anxiously concerned with the acts of belligerents four dials, it simply has a straight row of figures, like a affecting our neutrality. recording speedometer· on an automobile. In particular do I protest and remonstrate against the In case the light goes out in the house, there is a little high-handed conduct of England in her interference with button on the side of this meter which when pressed turns on American shipping upon the seas. Without apparent justi- a small light inside of it. This indicates that the trouble is 2162 CONGRESSIONAL RECORD-HOUSE :;FEBRUA~Y 29 in the house and not out on the line, and that all that is VIe have in our Labor Department Miss Perkins, who is necessary to do is to change the fuse. If this little light doing nothing in the way of getting the country on its feet; fails to come on when the button is pressed, that indicates more strikes and more unemployment than was even known in that the trouble is out on the line. · our country under her administration. Then we have the gen­ This new meter, which, as I said, only has one dial, or one tlewoman from New Jersey [Mrs. NoRTON], chairman of the straight line of figures, can be read by any schoolboy. This Committee on Labor of the House, sitting down on the job not only enables the farmers to read their own meters but it and not permitting legislation to be considered by this House saves the expenses of sending a man around to read them so far as the N. L. R. B. is concerned. She will not legislate every month. All that is necessary is to send the farmer a to give labor jobs or else she does not know how. We are hav­ postal card and ask him to read the meter and put the figures ing hearings about Wagner Act and N. L. R. B. by the on the card and return it to headquarters. Then the meter Smith committee, but I am afraid the hearings will be pro­ reader can go around once every 6 months, or once every year, longed to such an extent that we will not have the opportunity and check up on it. to change the law at this session. This law is doing more to This may not seem to be a very great saving, but when you keep $6,000,000,000 in the banks of this country than any­ realize that there are 23,000,000 domestic consumers of elec­ thing else because the owners of that money are afraid to tricity in this country, you can see that if each one of them spend it in business. Why do we not do something? Con­ had to have a new meter, the saving would run well above gress, or I may say the leaders, the President, the Speaker, the $100,000,000 for the whole country. majority leader, the Democratic Party-heads of Govern­ If we can bring the price of water pumps, refrigerators, ment-will not change the bad laws they have passed, they washing machines, electric irons, and other electrical ap­ will not restore confidence in business, they seem to be pliances down in proportion, there is no telling what the asleep for some reason or other. Why? Who controls them? saving will mean to the American people, and espec:ally to the After 7 years of trying to put 9,000,000 people to work has American farmers. accomplished nothing in that respect. That is to admit I am placing these meters on display out in the hall, and I failure. This administration has put a debt of twenty-four hope every Member will take the trouble to examine them. billions on future generations, and I am fearful it will wreck This change has not only simplified electric meters to the our children, if not ourselves and our Nation. point where everyone can read and understand them without [Here the gavei fell.J the assistance of an engineer, but, as I said, it has reduced the EXTENSION OF REMARKS cost to the point where the farmers can afford to buy them. Mr. HESS. Mr. Speaker, I ask unanimous consent to insert [Applause.] in the Appendix of the RECORD a statement in reference to [Here the gavel fell.] stream-pollution activities. EXTENSION OF REMARKS The SPEAKER. Is there objection to the request of the Mr. BOLLES. Mr. Speaker, I ask unanimous consent to gentleman from Ohio [Mr. HEssJ? extend my own remarks in the RECORD and to include therein There was no objection. an address by Col. Alfred J. La Grandeur, on Wisconsin's Mr. CRAWFORD. Mr. Speaker, I ask unanimous consent cheese industry. to extend my own remarks in the RECORD and to include The SPEAKER. Is there objection to the request of the therein four or five short excerpts or statements by ex-Presi­ gentleman from Wisconsin [Mr. BoLLES]? dent Wilson and others. There was no objection. The SPEAKER. Is there objection to the request of the Mr. BOLLES. Mr. Speaker, I ask unanimous consent to gentleman from Michigan [Mr. CRAWFORD]? extend my own remarks in the RECORD and to include therein There was no objection. a resolution adopted by the executive council of the Wisconsin Mr. HINSHAW. Mr. Speaker, I ask unanimous consent to Conservation Congress. extend the remarks which I expect to make in the Committee Tha SPEAKER. Is there objection to the request of the of the Whole House on the state of the Union today when it gentleman from Wisconsin [Mr. BoLLES]? has under further consideration the War Department civil functions bill on the subject of the Panama Canal and to in­ There was no objection. clude the whole of an open letter addressed to the Secretary of PERMISSION TO ADDRESS THE HOUSE War and the Chairman of the Maritime Commission by Mr. Mr. VANZANDT. Mr. Speaker, I ask unanimous consent Boake Carter. to proceed for 1 minute. The SPEAKER. Is there objection to the request of the The SPEAKER. Is there objection to the request of the gentleman from California [Mr. HINSHAW]? gentleman from Pem1sylvania [Mr. VAN ZANDTJ? There was no objection. There was no objection. Mr. GROSS. Mr. Speaker, I ask unanimous consent to [Mr. VAN Zt\NDT addressed the House. His remarks appear extend my own remarks in the RECORD and to include therein in the Appendix of the RECORD.] an address delivered last night by H. W. Prentis, Jr., presi:. dent, National Association of Manufacturers, and director, THE PROBLEM CONFRONTING CONGRESS Chamber of Commerce of the United States, on the subject of Mr. RICH. Mr. Speaker, I ask unanimous consent to pro­ American democracy and free enterprise. ceed for 1 minute. The SPEAKER. Is there objection to the request of the The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania [Mr. GRossJ? gentleman from Pennsylvania [Mr. RICH]? There was no objection. There was no objection. Mr. MYERS. Mr. Speaker, I ask unanimous consent to Mr. RICH. Mr. Speaker, the No. 1 job for Congress is extend my own remarks in the RECORD and to include therein to try to find positions and jobs for the 9,000,000 American two editorials from Philadelphia newspapers. people who are out of work. The same number of people The SPEAKER. Is there objection to the request of the have been out of work for 10 years. What are we doing gentleman from Pennsylvania [Mr. MYERS]? toward creating jobs for these people? A13 the gentleman who There was no objection. addressed you a minute ago said, practically everything we Mr. SNYDER. Mr. Speaker, I ask unanimous consent to do results in putting men out of work instead of giving men insert in the RECORD at this point a letter from the Director jobs and the opportunity to earn money. You make laws of the Bureau of the Census, which I received this morning.. that put men out of jobs rather than make laws to create The SPEAKER. Is there objection to the request of the jobs. After 7 y~ars you certainly should see that that is the gentleman from Pennsylvania [Mr. SNYDER]? case. There was no objection. 1940 _CONGRESSIONAL ;RECORD-HOUSE 2163 The letter referred to follows: conclusion that polls are often wrong in theory, in practice, DEPARTMENT OF COMMERCE, and in fact, and that when interpreted an entirelY erroneous BUREAU OF THE CENSUS, conclusion may be drawn. The taking of polls and securing Washington, February 26, 1940. the wide use of the results of polls through syndicated columns Han. J. BUELL SNYDER, House of Representatives, Washington, D. C. in newspapers has become a feature of our elections and leg­ MY DEAR MR. SNYDER: Many false statements and inferences are islation which can no longer be ignored bY legislative bodies being circulated concerning the decennial census. For your infor­ nor by candidates. The matter appears to be wholly com­ mation there is enclosed a letter which I sent to the New York -mercial. I think it is not scientific, and never can be scien- Times in answer to the more serious misstatements. I have marked certain paragraphs, for your special attention, giving the facts on tific. It appears to me to be a very successful attempt to the following salient points: make public opinion, rather than a method of measuring 1. No Federal official can reveal any census information pertain­ public opinion. ing to any individual. Some Members of Congress have obviously been influenced 2. Business organizations and many other groups outside the Government requested inclusion of the income question. by these polls, as they are quoted when critical and close votes 3. The income inquiry does not call for total income. The extent are being taken. It certainly behooves the Congress to learn of the question contemplated is absolutely necessary to get a proper how the polls are taken, whether they do cover enough terri­ measure of unemployment, and Congress itself recognized this neces­ tory to give any adequate indication of public opinion, and sity by directly calling for income in the 1937 unemployment census. A measure of purchasing power is essential to business for the whether they are ever manipulated in favor of certain candi­ development of broader markets for its products. For 20 years one dates or in favor of certain legislation. It is my understand­ of the most vital parts of the census of agriculture has been the ing that Dr. Gallup, and probably others who have made a question on income of farms. business of polls, would welcome an opportunity to tell a con­ 4. The demand for the housing census came from bU!liness or­ ganizations outside the Government for facts which would stimu­ gressional committee just how they conduct the polls. It is late home construction. Several of the important organizations my opinion that there should be annual investigation, pos­ demanding these facts are listed. sibly by the committees of Congress in connection witll the I hope that the enclosed statement will be of assistance to you in investigation of corrupt practices at elections. answering correctly any inquiries which you may receive from your constituents and in the consideration of census matters. As you will recall, the outstanding measurers of public opin­ Very truly yours, ion are Dr. Gallup and Messrs. Cherrington, Roper, Crosley, W. L. AusTIN, Director. and Houser. The outstanding periodical publication which STRAW BALLOTS seems to take the lead in offering the results of polls is Fortune magazine. When a great advertising firm which Mr. PIERCE. Mr. Speaker, I ask unanimous consent to handles national advertising and does business with local proceed for 1 minute. papers everywhere syndicates a column on polls, that colwnn The SPEAKER. Is there objection to the request of the is likely to be widely used. Even without wrong intent, the gentleman from Oregon [Mr. PIERCEJ? trend is obvious. There was no objection. When I became a Member of the Congress in March 1933, Mr. PIERCE. Mr. Speaker, yesterday I appeared before I early introduced a bill for the purpose of forbidding the . the Rules Committee of this House asking for consideration use of the mails by those taking polls of public opinion. The ' of House Concurrent Resolution 30, which I introduced in bill was aimed directly at the Literary Digest poll. My bill the hope that the Congress would make it its business to learn was referred to the Committee on Post Offices and Post Roads something about the way in which the much-publicized polls and they had hearings. I failed to receive a favorable re­ are conducted. These polls, whlf!l purpose to sample public port from the Post Office Department. The Postmaster Gen­ opinion on issues and candidates, are publicized in news­ eral claimed that he did not feel he was warranted in losing papers throughout the Nation and widely quoted by the the revenue derived from taking polls by mail, estimated at readers of the papers, who have no knowledge whatever of $2,000,000 during a Presidential election. Finally the commit­ the way in which public opinion is sampled nor of the statis­ tee saw fit not to report the bill out, though some members tical methods used in formulating the statements which reach were clearly impressed and really desired the passage. After the press and the public. the blow-up of the Literary Digest in the election of 1936,· Since most of the polls are now concerned with candi­ in which the prediction proved so far from the truth that it dates for the Presidency and with legislative matters before ruined the publication, I introduced a resolution calling for­ the Congress, both parties are actually deeply concerned an investigation so that the people might be fully informed as with the conduct of the polls. It is to the interest of every to the method of securing the poll, and the so-called measur­ citizen and very specifically the business of Members of this ing of public opinion. Congress to know whether the polls are reliable, whether It is my desire now, and is the purpose of the pending reso­ they actually sample public opinion, or whether the ques­ lution, to have the Speaker of the House and the President tions are so formulated that they are designed very subtlely of the Senate appoint five Members from each body to to mold public opinion. Some people in responsible posi­ constitute a committee of 10 to hold hearings and ascertain tions actually seem to have a superstitious regard for the how the polls are made, so the public and the Congress may sanctity of these polls. When those who conduct them are be fully informed. It is not intended that this will be an also concerned with national advertising, the question be­ extensive hearing, it can probably be concluded within a few comes more involved and the necessity for investigation weeks; there need be sittings of the committee in Washington more urgent. House Concurrent Resolution 30 has resulted only. Those who are actively engaged in making and issu­ from a series of resolutions and bills which I have per­ ing polls should be summoned to the National Capital to sistently introduced, hoping that the Congress would enter describe their methods in detail, including men heretofore this interesting field and perform its obvious duty in con­ mentioned, together with a representative from the magazine nection with ascertaining the facts upon the relation of the Fortune, which is making quite a leader of its measuring of polls to public questions and public matters. I shall pres­ public opinion. ently set before my colleagues a thorough discussion of Dr. Gallup sells his poll to many widely read papers. It straw ballots, but I desire at this time to offer a brief state­ reaches Congress arranged in interesting form. Persons ment in order to call attention to the resolution and to initi­ glancing at the paper find it conspicuously displayed, often ate the discussion of this important subject. We shall later on the front page, with percentages set forth in bold type. be concerned with the framing of the questions, the selection My contention is that the poll is, or may be, propaganda. of the people polled, and the methods of interpreting the I do not believe that a scientific poll can be taken of the city results. of Washington, or any other city, based upon questions on For several years I have made a study of so-called straw which very few people are sufficiently informed to entitle , ballots, or the measuring of public opinion by taking polls. them to an opinion. The taking of a candidate's poll is ex­ 'After very careful study and thought, I have come to the tremely dangerous to the candidate for office who has not LXXXVI--137 2164 _CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 plenty of money to watch all the polls, and, if you please, vessels, and for other purposes. That after general debate, which "stuff the ballot bov " shall be confined to the bill and shall continue not to exceed 3 hours, to be equally divided and controlled by the chairman and In the old days of the Literary Digest, the ballots were sent ranking minority member· of the Committee on Naval Affairs, the out to a certain number of people whose names were found in bill shall be read for amendment under the 5-minute rule. At the telephone books, and taken from various lists of voters and conclusion of the reading of the bill for amendment the Com­ mittee shall rise and report the same to the House with such citizens. Selection was not made at random, there was pow­ amendments as may have been adopted, and the previous question erful official cooperation and the whole thing was entirely shall be considered as ordered on the bill and amendments thereto objectionable from every standpoint. Dr. Gallup is -said to to final passage without intervening motion, except one motion to have scientifically trained interpreters and agents stationed recommit. over the United States to go out, when called upon by the ESTABLISHING A NATIONAL LAND POLICY doctor, and inquire, in a certain very clever way, of the per­ Mr. COLMER, from the Committee on Rules, submitted the sons interviewed what is their opinion upon a certain question, following privileged resolution, which was referred to the very cleverly stated by those who are past masters of the House Calendar and ordered printed: · business of framing questions, in a manner calculated to House Resolution 406 evoke certain replies. Then a report is made to the doctor's Resolved, That immediately upon the adoption of this resolution headquarters, and, using his methodical table as to the num­ it shall be in order to move that the House resolve itself into the ber of interviews and the number of people, he arrives at his Committee of the Whole House on the state of the Union for con­ sideration of H. R. 8157, a bill to establish a national land policy, percentage, which may not be properly designated as scien­ and to provide homesteads free of debt for actual farm families. tific, and is apt to be misleading and dangerous because so That after general debate, which shall be confined to the bill and plausible and interesting. It might easily be manipulated by shall continue not to exceed 4 hours, to be equally divided and those having ample money and influence, coupled with the controlled by the chairman and ranking minority member of the Committee on Public Lands, the bill shall be read for amendment desire to mold opinion on some particular matter, not neces­ under the 5-minute rule. At the conclusion of the reading of the sarily. with evil intent, but most certainly as propaganda. bill for amendment the Committee shall rise and report the same It is estimated that fully one-fifth of all the voters who vote to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the at elections vote for the one they believe will be the winner. bill and amendments thereto to final passage without intervening The question that is uppermost in mind, when the voter goes motion, except one motion to recommit with or without instructions. into the booth. is "How can I get .on the bandwagon? Who is COMMITTEE ON RULES going to win?" Perhaps, with their morning breakfast they have had the news flashed at them that a poll taken has re­ Mr. SABATH. Mr. Speaker, I ask unanimous consent to sulted one way or another, and shows the drift to be a certain address the House for 1' minute. ·way. The natural tendency is to go that way. · The SPEAKER. Is there objection to the request of the I remember one case in the State of Oregon in 1916 when gentleman from Tilinois? Wilson was candidate for reelection. A strong campaign had There was no objection. been made in his behalf. In the city of Portland and all the Mr. SABATH. Mr. Speaker, the gentleman from New York large centers, workers for Wilson's reelection were confidently [Mr. MARTIN J. KENNEDY] stated that his resolution, House expecting a victory for their candidate. At 2 o'clock the Resolution 360, is before the Committee on Rules. The gen­ Oregon Journal, a Democratic paper supporting Wilson, an­ tleman from Oregon stated that he appeared before the Com­ mittee on Rules yesterday. nounced that New York and all the Atlantic seaboard north I wish to say it is impossible for the Rules Committee to had voted for Hughes, and that Hughes was unquestionably schedule hearings on all rel!f}utions referred to it. I suggest elected President. Democratic voters, glancing at the head­ now for the information of the House that all Members who lines, said, "What the hell is the use?" Many neglected to go have introduced resolutions and desire hearings to make a to the polls, believing they were defeated. The Republican formal written request for a hearing. Under the ru1es of the workers for Hughes redoubled their energies. Oregon carried committee, a hearing cannot be scheduled until an applica­ for Hughes in that election by a very small vote-about 6,000, tion for same has been submitted. I also wish to suggest at if I remember correctly. It has been freely stated by those this time that chairmen of the various committees who have who ought to know something about it that had it not been reported their bills, and who believe that they are entitled to for the unfortunate announcement of the chief paper sup­ a rule, make application for hearings without delay. porting Wilson in that campaign, he would have carried the The Rules Committee today reported 4 special rules; 3 State. rules were previously granted at this session upon which the · I have found in my long political career that the strongest House has not acted, and there are 5 rules granted during argument I can make in my behalf, that my friends can make the first session carried over to this session which await the in my behalf, is, "He's going to win. You might as well action of the House. This is a total of 12 pending ru1es get on the bandwagon." It takes the starch out of the op­ subject to the consideration of the House, and it is my fur­ ponent; it puts backbone into the friends of the one who can ther suggestion to the chairmen of committees that they do create that sentiment. not delay their hearings on bills or resolutions which they Measuring public opinion can be so easily manipulated, if expect to report and on which they intend to ask for a ru1e. money is used at the right time and right place, that I feel There are many pending applications for hearings, and I feel that this Congress ought, by a congressional investigation, it is to the interest of committee chairmen to speed up action to investigate the methods and let the public know upon what on their hearings, as the Rules Committee, in the effort to co­ foundation the measurers of public opinion are building. operate in bringing about an early adjournment, will be unable Mr. Speaker, I ask unanimous consent to extend my own to take up and give consideration to last-minute requests for remarks in the RECORD and to include therein a resolution. hearings for special rules. The Speaker and the majority The SPEAKER. Is there objection to the request of the leader, and, I believe, the membership as a whole, are work­ gentleman from Oregon [Mr. PIERCE]? ing for an early adjournment. Consequently, the Ru1es Com­ There was no objection. mittee will not entertain late requests for the granting of UNcrTED STATES NAVY rules on bills and· resolutions the consideration of which by Mr. SABATH, from the Committee on Rules, submitted the the House may tend to prevent an early adjournment. following privileged resolution, which was referred to the [Here the gavel fell.] House Calendar and ordered printed: CALL OF THE HOUSE House Resolution 390 Mr. POWERS. Mr. Speaker, I make the point of order Resolved, That immediately upon adoption of this resolution it that a quorum is not present. shall be in order• to move that the House resolve itse!f into the The SPEAKER. Obviously a quorum is not present. Committee of the Whole House on the state of the Union for con­ sideration of H. R. 8026, a bill to establish the composition of the Mr. COOPER. Mr. Speaker, I move a call of the House. United States Navy, to authorize the construction of certain naval A call of the House was ordered. 1940 CONGRESSIONAL RECORD-HOUSE 2165 The Clerk called the roll, and the following Members failed consideration of the bill H. R. 8668, with Mr. BoEHNE in the to answer to their names: chair. [Roll No. 36] The Clerk read the title of the bill. Andresen, A. H. Folger Mansfield Smith, Maine The CHAIRMAN. At the conclusion of the session yester­ Brewster Gehrmann Merritt Smith, Ohio day the Clerk had reached the top of page 2. The Clerk will Buckley, N.Y. Gillie Murdock, Ariz. Steagall Corbett Hare Murdock, Utah Sweeney read. Darrow Hartley O'Brien Taylor The Clerk read down to and including line 21 on page 3. Dirksen Hunter Osmers Thomas, N.J. By unanimous consent, the word "enroach", in line 17, on Ditter Jarrett Rayburn Treadway Douglas Jeffries Risk Vinson, Ga. page 3, was corrected to read "encroach." Drewry Keefe Robsion, Ky. Wadsworth The Clerk read as follows: Duncan Kelly Sacks Weaver Durham Kirwan Schulte White, Idaho Power plant, Bonneville Dam, Columbia River, Oreg.: For con­ Evans Kleberg Scrugham White, Ohio tinuing the construction of the hydroelectric power plant at Bonne­ Faddis Lewis, Ohio Shannon Wolcott ville Dam, Columbia River, Oreg., as authorized by the acts approved Ferguson McDowell Sheridan August 30, 1935 (49 Stat. 1038), and August 20, 1937 (50 Stat. 731), Fitzpatrick Maas Smith, Ill. $800,000, no part of which shall be available for obligation for any expense incident to the installation of more than six electrical power The SPEAKER. Three hundred and sixty-eight Members units. have answered to their names, a quorum. Further proceedings under the call were dispensed with. Mr. ANGELL. Mr. Chairman, I move to strike out the last word. GEORGE A. CARDEN AND ANDERSON T. HERD THE BONNEVILL~ PROJECT IN OREGON AND WASHINGTON Mr. CLARK, from the Committee on Rules,. submitted the Mr. Chairman, the river-development project at Bonneville, following privileged resolution, which was referred to the on the Columbia River between Oregon and Washington, is House calendar and ordered to be printed: no longer in the experimental stage. It is now in operation House Resolution 407 and has proven itself to be feasible and, I am certain, is dem­ Resolved, That immediately upon the adoption of this resolution onstrating that it will be a self-supporting venture and a it shall be in order to move that the House resolve itself into the Committee of the Whole House on the state of the Union for con­ profitable undertaking. sideration of H. R. 7230, a bill to provide for an appeal to the Su­ Work was begun on September 30, 1933, under the provi­ preme Court of the United States from the decision of the Court of sions of the National Industrial Recovary Act, the project Claims in a suit instituted by George A. Carden and Anderson T. being formally authorized in the Rivers and Harbors Act Herd. That after general debate, which shall be confined to the bill and sh all continue not to exceed 1 hour, to be equally divided approved August 30, 1935. The project is located 40 miles and controlled by the chairman and ranking minority member of east of Portland and includes a dam, powerhouse, ship lock, the Committee on the Judiciary, the bill shall be read for amend­ and fishways. The purpose of the project is Jor the improve­ ment under the 5-minute rule. At the conclusion of the reading of the bill for amendment the Committee shall rise and report the ment of the Columbia River for water transportation and same to the House with such amendments as may have been utilization of hydroelectrical power made available by reason adopted, and the previous question shall be considered as or:dered of this improvement. on the bill and amendments thereto to final passage without mter­ vening motion, except one motion to recommit, with or without The plans call for 10 units in the power project. Two of instructions. these are now completed and in operation under the direction of the Secretary of War and under the supervision of the BUREAU OF LABOR STATISTICS Chief of Engineers of the United States Army. Mr. SABATH, from the Committee on Rules, submitted the Two additional units are under construction with appro­ following privileged resolution, which was referred to the priations heretofore made, and will be completed and ready House Calendar and· ordered to be printed: for operation in March 1941. The capacity of the plant with House Resolution 408 the two units in operation is 86,400 kilowatts, which began Resolved, That immediately upon the adoption of this resolution operating to practically 90 percent of their full capacity in it shall be in order to move that the House resolve itself into the Committee of the Whole House on the state of the Union for con­ December of last year. The four units will furnish 194,400 siderat ion of House Joint Resolution 265, a joint resolution author­ kilowatts. izing the Bureau of Labor Statistics to make stuqies of productivity At the last session of Congress, when appropriations were and labor costs in industry. That after general debate, which shall be confined to the bill and shall continue not to exceed 1 hour, under consideration for carrying on the work of this project, to be equally divided and controlled by the chairman and ranking no transmission lines had been completed, so that it was im­ minority member of the Committee on Labor, the bill shall be read possible to market the electrical energy that was then avail­ for amendment under the 5-minute rule. At the conclusion of the reading of the bill for amendment the Committee shall rise and able from the first two units: The transmission line between report the same to the House with such amendments as may have · Bonneville and Portland was energized on December 1, 1939-, been adopted, and the previous question shall be considered as and delivery of power began on that date to the Portland ordered on the bill and amendments thereto to final passage with­ General Electric Co. out intervening motion, except one motion to recommit, with or without instructions. The line to Eugene is now completed, or practically so, and the remaining lines will be completed during the calendar EXTENSION OF REMARKS year 1940. ' Mr. FLAHERTY. Mr. Speaker, I ask unanimous consent Administrator Ross, who had charge of the marketing of to extend my own remarks in the RECORD and include therein power, died on March 14, 1939, and until September 16 his an editorial from the Wasliington Post regarding the third­ place had not been filled with a permanent administrator, term resolution, which is most timely and forceful. which resulted in some delay in planning and carrying out a The SPEAKER. Is there objection to the request of the permanent program. gentleman from Massachusetts? There was no objection. Mr. Chairman, contracts already entered into and now under negotiation will absorb the entire capacity of the first WAR DEPARTMENT CIVIL FUNCTIONS APPROPRIATION BILL, 1941 four units of the project. A contract has been made with Mr. SNYDER. Mr. Speaker, I move that the House resolve the Aluminum C.o. of America, calling for the delivery itself into the Committee of the Whole House on the state of of 42,500 kilowatts of prime power at $17.50, and a contract the Union for the further consideration of the bill (H. R. is nearing completion with another manufacturing company 8668) making appropriations for the fiscal year ended June which will take an additional allotment of prime power. 30, 1941, for civil functions administered by the War Depart­ These, together with the contracts made with public utilities ment, and for other purposes. districts and municipalities, as shown by the report of the The motion was agreed to. Administrator, Dr. Raver, will afford a market for all of the Accordingly the House resolved itself into the Committee of power available, three-fourths of the existing plant capacity the Whole House on the state of the Union for the further being already under contract. 2166 .CONGRESSIONAL RECORD-HOUSE ~EBRUARY 29 In discussing this subject last year in the Congress, I called they complete construction, it is only good judgment to pro­ attention to the fact that steam-plant capacity in the North­ vide sufficient fw1ds now to construct the foundations for the west area contiguous to Bonneville amounted to 370,000 kilo­ remaining units. watts, or 71 percent of the ultimate capacity of Bonneville, and The whole Northwest territory contiguous to the Bonneville that by 1945 about 400,000 kilowatts of the then existing plant and Grand Coulee projects is a region of very great natural capacity would, because of age, be removed. During December resources awaiting development. We have large areas of of last year private utilities serving Portland used as high as highly developed agricultural land, much of it under irriga­ 79,000 kilowatts, or 91 percent of the present capacity, which tion, and our great need is for markets. Much of the raw demonstrates that there is a market for this displacing power. material, through manufacturing and processing, may be uti­ The annual report of the administrator of the Bonneville lized and markets found for it through utilization of the elec­ project shows that prime load immediately in sight through trical energy afforded by these two great Federal•projects. applications, contracts under negotiations, or contracts exe­ Over 50 percent of the pay rolls of Oregon come from the for­ cuted will total about 177,000 kilowatts in the fiscal year 1941, est industry. The major portion of forest products are sold and 232,000 kilowatts in the fiscal year 1942. Present sched­ in the raw state. Much of it, through manufacturing, could ules for machine installation show that only 86,400 kilowatts be utilized at the place of origin, thus not only affording a will be available until the latter part of the fiscal year 1941. market for the production but also pay rolls, and thereby a This available capacity will not be sufficient to meet actual market for much of our agricultural crops. In the Northwest demands under existing contracts and those in process of States of Oregon, Washington, Idaho, and Montana there are execution; in fact, will only be about one-half of the estimated immense deposits of strategic materials which our Govern­ requirement. ment is in need of not only in wartimes but in peace as well. I have said that experience thus far with Bonneville shows Included, among others, are manganese, mercury, chromite, that it will be a self-supporting project. The second annual aluminum ores, in addition to many others. The reduction of report of the Administrator shows a total estimated revenue these ores and the utilization in manufactured products, or on the completion of the 10 units, and with the completion of in processing requires large volumes of cheap electrical energy the transmission lines as being $9,350,000 annually, with a net which can be furnished in the ·vicinity of these projects at the revenue of $7,459,549. Interest and amortization amounts to very lowest possible cost. The scientific developments which $4,060,000 per year, leaving a net above all charges of have been and are now taking place through the study of $3,399,549. . chemistry and the application of chemurgy to farm products The transmission lines now having been in part completed will afford an outlet not only for the agricultural and other and many trunl{ lines nearing completion necessitates addi­ products. of this region but also give a market for the power tional funds for operation, which accounts for the increased produced. Studies made by the Federal Power Commission budget submitted this year. Operation under Dr. Raver, ad­ indicate that the requirements of electrochemical and elec­ ministrator, is proceeding satisfactorily, and he is showing trometallurgic industries have b::!en increasing at a rate remarkable progress in securing of contracts not only with somewhat greater than that of general industrial activities, public utility district and municipalities but with private and the Commission estimates that these extraordinary re­ utilities and manufacturing enterprises, which will, I am sure, quirements will be increased in 1940 by approximately 33 per­ furnish a market for all of the available power which Bonne­ cent over 1936. These developments will call for large blocks ville will produce. Administrator Raver reports that the of electrical energy. anticipated yearly revenues from the contract with the Port­ Mr. Chairman, the Army engineers, whose judgment we land General Electrical Co. alone is estimated to be in excess have always found to be dependable and whose estimates are of $500,000, and he estimates the annual revenues from the conservative, made an estimate of $7,089·,200 as being neces­ contract with the Aluminum Co. and the other manufacturing sary to continue the construction work on the Bonneville company with whom the contract is now practically complete project. Units 1 and 2 of the hydroelectric plant only are will exceed $500,000 yearly. These receipts from the Alumi­ completed; 3 and 4 will be completed this coming year, and num Co., however, will not commence before January 1, 1941. 5 and 6 will follow in 1942. If only the $800,000 recommended The administrator further states that, in his opinion, other in the Budget and the Appropriations Committee is allowed, contracts of a like character will be successfully negotiated. it will slow this whole project. As a result of the energizing of the transmission line to The second annual report of the administrator shows Portland, the city of Portland, on October 15, 1939, put into definitely that power contracts already obtained and those effect a rate reduction which Administrator Raver states is in sight will afford a market for all of the power that will be approximately 20 percent. produced from the additional turbines as fast as they can be Mr. Chairman, should the Congress fail to make the appro­ installed, as it requires fully 2 years for construction and priations requested in the Budget, this whole project will be installation after an appropriation is made for additional delayed and the developments which are proceeding so satis­ units. The plants now owned and in operation by public factorily will be stopped. Furthermore, much of the large utilities and municipal corporations are not of sufficient investment which the Federal Government has in the project capacity to take care of the demands for electrical energy will be forced into idleness. Good common sense and good in the territory .served by Bonneville. Bonneville will not business judgment require, now that the project is nearing the displace existing plants but will market its power through stage of completion, that the necessary funds should be made existing facilities or municipalities or public districts. Un­ available for its completion and successful operation. questionably there will be a shortage of power facilities unless The engineers advise that at the time the foundations are this project is allowed to conti]1ue normally to the full com­ being constructed for units 5 and 6, the additional foundations pletion of the 10 power units. It is in the public interest for 7, 8, 9, and 10 should also be constructed. If this is not and a matter of sound business judgment to provide the addi­ done, when construction takes place at some future date it tional facilities by making sufficient appropriations for the will be necessary to close the operations of the generators 5 installation of the additional units called for in the project and 6 during this construction period. This would not only plan so that full utilization may be made of the total invest­ disrupt the service for a long period of time and deprive in­ ment for power facilities which the Government now has dustries, municipalities, and farming communities of electrical made in this great project, and I sincerely hope that this energy but it would also deprive the Government of very large Congress in its wisdom will see its· way clear to authorize the revenues during the inactive period of the dynamos, estimated amount requested by the Army engineers for continuing the to be $1,500,000 annually. work on the Bonneville project. These foundations could be constructed as one project far The Qlerk read as follows: cheaper than by constructing them piecemeal. In view of the Total, Panama Canal, $30,098,771, to be available until expended. fact that power applications clearly indicate all of the power Mr. POWERS. Mr. Chairman, I move to strike out the last available from the 10 generators will be needed by the time word. 1940 CONGRESSIONAL RECORD-HOUSE. 2167 Mr. Chairman, yesterday the gentleman from Virginia [Mr. highly problematical, due to the fact there is a very rigid in­ BLAND] stated in the RECORD that he intended to offer an spection of all cargoes and all ships on both sides of the canal. amendment putting the item for the third set of locks for the Mr. Chairman, I merely take this time to state emphaticallY Panama Canal back in this bill. If the gentleman is on the that if this amendment is placed on the bill in another body, ­ :floor at the moment-- · I am confident this subcommittee will absolutely oppose it. Mr. BLAND. Mr. Chairman, will the gentleman yield? I believe it to be the consensus of the entire House that the Mr. POWERS. I yield. work should not be proceeded with at this time. Mr. BLAND. For reasons that appeal to me I have decided In closing, let me call the attention of the membership to not to offer the amendment at this time. this fact. The War Department appropriation bills of this Mr. POWERS. May I ask the gentleman whether he agrees year, military and nonmilitary, will amount to more than our with the committee that work on the extra set of locks should national debt in 1917, or at the beginning of the World War. not start at this time? It is time to call a halt on some of these so-called defense Mr. BLAND. I do not. measures. [Applause. J Mr. POWERS. Mr. Chairman, then, as a matter of record, Mr. COLLINS. Mr. Chairman, I rise in opposition to the it seems to me if the gentleman from Virginia has changed pro forma amendment. his mind that there must be some motive behind the quick Mr. Chairman, the gentleman from Virginia [Mr. BLAND] change. It appears to me that probably the new strategy and his committee are proud of the work done by them in is to have this amendment put on in another body and then getting legislation through the Congress in providing for the when the bill goes to conference for pressure to be put on the construction of an auxiliary waterway in the Panama Canal conferees on the part of the House to agree to the new set of Zone. It is quite essential for the Committee on Appropria­ locks. If that is the strategy and if that is the plan, Mr. tions to function efficiently, that there be legislatively ap­ Chairman, I would like to state emphatically that every mem­ proved programs for its guidance. I submit, however, it is the ber of the subcommittee on War Department appropriations prerogative of the committee to consider and recommend the is unalterably opposed to the construction of a third set of amount of the appropriation which should be provided for the locks in Panama at this time. prosecution of such programs. That is all we have done in I am sorry I did not know that the gentlem:an would not this instance. It is for the House to determine whether or not offer his amendment for I would have had an amendment it wishes to go along with our recommendation. prepared and offered by someone to put the House on record I have read the gentleman's statement which he put in yes­ against a third set of locks at this time. terday's REcoRD. I see nothing in it that the committee was not informed about when it considered this appropriation. I Mr. Chairman, our testimony clearly and distinctly shows am sure we have a full comprehension of what is involved; that in the opinion of General Strong, in the opinion of I may say, possibly a fuller comprehension than my esteemed Governor Ridley, a third set of locks would be necessary colleague, because of our more intimate contact with purelY from a national defense: standpoint at the beginning of hos­ defense problems. tilities or in times of strained international relations. Now, There is no question that this additional waterway ulti­ certainly we are in somewhat that position at this moment. mately will be built. All studies point to its need for commer­ If such is the case why proceed with a third set of locks cial purposes by 1960 or a few years later. which will take 6 years to build and will cost $277,000,000? Neither is there any question about its contribution to the Mr. Chairman, there is absolutely no necessity for the effectiveness of naval surface craft. There is nothing new beginning of this expenditure in any appreciable amount about that, however. That has always been true. It follows at the present time. We are providing in this bill approxi­ naturally that it would be of great potential worth in time of mately $25,000,000 for protective measures in the Canal war or threatened war. Zone. We will have provided by the end of next year a total The question the committee raises, however, is why all this of probably $39,000,000. The present locks will ·be bomb­ haste at this time? Why embark on a vast project, which, proof. The plan is to build the new locks within a quarter we are told, will cost $277,000,000, but which will cost, as a of a mile to a half mile ·of the present ones. They are sup­ matter of truth, nobody knows what amount, because detailed posed to be bombproof, too. If we are spending $39,000,000 plans and specifications for the structural features have not for protective devices in the Canal Zone and spending that .even been started~ It will take at least 2 years to finish money partially to bombproof the present locks, there is these plans: no reason in the world, in my opinion, or in the opinion of Of course, as the gentleman from Virginia says, other work the committee, to build the third set of locks a quarter of a could be accomplished while this planning work is going on, mile or a half a mile away, particularly in view of the present but I fear much of it would have to be done over or abandoned. efficacy of the modern airplanes. Certainly, it does not take We are going forward just as rapidly as possible with the a modern plane more than a few seconds to go a quarter protection of the existing waterway against sabotage and air of a mile or half a mile. attack. We are spending something like $39,000,000 on that . [Here the gavel fell.] work. As to rushing the work as a defense measure, as the Mr. POWERS. Mr. Chairman, I ask unanimous consent chairman of this subcommittee said here yesterda,y, a "proj­ to proceed for 5 additional minutes. ect that cannot be completed for 6 years is difficult to get The CHAIRMAN. Is there objection to the request of the excited about." It has been needed as a defense measure gentleman from New Jersey? ever since the airplane became a ·weapon of destruction, and There was no objection. that was about simultaneous with the completion of the Mr. POWERS. Certainly, it takes a modern plane but a present Canal. few seconds to go a quarter of a mile or half a mile and if As to its early need because of the growing size of ships, our two sets of locks down there can be put out of commis­ commercial and naval, the present Canal is capable of trans­ sion by bombing, certainly another set, a quarter of a mile iting every naval ship now built, building, or at this time or a half mile distant, can be put out of commission. projected. It is my belief that we have reached the peak in Mr. Chairman, the gentleman from Virginia [Mr. BLAND] size of capital ships. If we have not then, besides this auxil­ spoke yesterday about sabotage. Certainly, there are chances iary waterway, we should immediately start dredging our har­ of sabotage in the Canal Zone. I admit that, and everyone bors and building drydocks up and down both coasts, and else admits that, but certainly the gentleman from Virginia possibly begin replacing our largest seacoast guns with guns knows of the technical devices which are already installed in to stand off these dreamed-of superdreadnaughts. Those the Canal Zone and which I would hesitate to state for the things require much time, too. The Navy is not advocating RECORD. The gentleman knows of those protective devices and them. Parenthetically, I ma,y add that I believe that we he knows that now the only way there could be any sabotage shall wake up some day not far hence and stop squandering would be for a ship to go into the canal itself and blow itself money on these outmoded large targets for submarines, up; in other words, to go in on a suicidal mission, and that is mines, and aerial bombs. 2168 .CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 The gentleman from Virginia speaks of the danger of sessed by any major power capable of landing such an attack. sabotage. If we should go to larger ships, sabot9,ge would In the Atlantic, the distances, though less, are still prohibitive for practical purposes, and the Canal is covered by our naval control be concentrated upon the new locks-not the present ones­ over the entrances to the Caribbean Sea, which, in the strategical and instead of having an auxiliary waterway available we sense, is rapidly being converted into an American lake. might have nothing, because the locks of the existing water­ In any case, the garrison and defenses of the Canal even now ar& such that to promise success, an expedition of this sort would way would be inadequate. have to be a major effort, involving large numbers of troops and Mr. Chairman, I have read the gentleman's statement of ships, a strong supporting air force and, above all, naval control yesterday; I have read and examined the matter contained of the ocean across which it was launched. Lacking such control. no general staff in its senses would think of risking anything of in House Document No. 210, to which he referred; I have the sort. studied the situation in the Canal Zone on the ground on SURPRISE CALLED ESSENTIAL many occasions; I have heard the subject discussed pro and Attack in force being out of the question, it follows that the con year after year in connection with annual appropriation major premise of Canal defense must be defense against surprise. measures; and I am of the decided opinion that the proper Here it may be remarked that no attack on the Canal is likely to be made with the object of getting possession of it and using it. and logical course for us to pursue here today is to follow the In the first place, it is difficult to see what use could be made of recommendation of your Appropriations Committee. the Canal by any foreign power that would justify the risk involved. As to its pressing urgency, I should also like to call atten­ In the second place, as the Canal is much closer to the seat of our national power than to any other, if it were taken it could prob­ tion to the fact that the matter is before us now, not as an ably not be held, nor its uninterrupted use enjoyed. In the third urgent deficiency item, but in the regular annual Budget. place, if about . to be overwhelmed, our garrison would hardly be Had the administration viewed it as extremely emergent, I kind enough to leave the Canal in working order to fall into enemy submit we would have found an estimate for an immediate hands. Hence, if the Canal is attacked, the object will be the in­ terruption of traffic through it, probably the interruption of Ameri­ appropriation lying here when we convened back in January. can ~aval traffic, and if the attempt is made it must be made by I hope the amendment will be voted down. surpnse. Mr. CULKIN. Mr. Chairman, I move to strike out the Now, the defense against surprise of an immovable object, lying well outside the national boundaries, is a complicated and difficult last word. I call the attention of the House to an article business. First of all, it confines the defenders to a more or less appearing in the New York Herald of today, on page 16, on static attitude, at least until some hostile action manifests itself. this identical problem of a bypass for the Panama Canal. It abandons the initiative to the enemy; the first move is his. The It was written by Maj. George Fielding Eliot, who, I under- best that can be done is to provide against every contingency that can be foreseen, and then hope that no enemy thinks of something . stand, is now out of the service, but to my mind is an out­ we have not provided against. Only when the enemy has shown standing authority on the Army and the Navy and interna­ his hand, or at least played his first card, can we take the offensive tional relations. His book, The Ramparts We Watch, has and begin our counteraction. So far as may be foreseen, the means by which the Canal may be become a textbook for both the Army and the Navy at this attacked by surprise, with a view to interrupting traffic through it, time. I rise merely to call the attention of the Committee are: to just one phase of his discussion of this question. Under 1 Sabotage or the action of secret agents. · 2. Naval bombardment of the locks. a subhead, Need of New Locks Stressed, ·he states: 3. Raiding parties. The Panama Canal is the key to our whole naval strategy. 4. Air attack. Without it we would be compelled to maintain two fleets instead SABOTAGE DEFENSE STRONG of one. If it were closed our interest in one ocean might be dis­ Defense against sabotage and secret agents is a matter of eternal astrously affected before the fleet could get there from the other. vigilance, of guarding vital points, of keeping watch on suspicious In other words, if the Panama Canal is blocked by sabo­ characters, of controlling and guarding rigidly the movements of foreign ships through the Canal. This is being done, and done tage or otherwise, and the war is in the Pacific, that portion efficiently. No such system is invulnerable, human ingenuity and of our fleet which is in the Atlantic Ocean is out of action human frailty being what they are; but the chances are heavily unless it goes around Cape Horn. against the success of any attempt of the sort. Later I shall ask permission of the House to include as Defense against naval bombardment of the locks is provided by long-range guns, bombing planes, and submarines. It is unlikely a part of my remarks the article referred to, and I invite that any admiral would risk his expensive and unreplaceable battle­ the careful attention of all Members who are concerned ships within reach of these weapons on the off chance of damaging with naval affairs to this very timely and able article, from a lock; still less likely that the attempt would succeed if made. Raiding parties to attack the Canal might be landed secretly on an eminent authority. the coast of the Republic of Panama, or might make their way Mr. SNYDER. Mr. Chairman, will the gentleman yield? there from a neighboring country. But the traveling is extremely Mr. CULKIN. Yes. . difficult and detection before reaching any vulnerable part of the Mr. SNYDER. Did I understand the gentleman to say Canal would be almost certain, especially as the raiding party would have to be a very strong one, since it would have to seize possession that Major Eliot wrote this article? of a lock or spillway dam against opposition, and hold it long Mr. CULKIN. Yes. He is a very distinguished writer on enough to place explosive charges to destroy it. Since there are this question. Being on this committee the gentleman must now three regiments of infantry in the Canal garrison, this does know about his book, The Ramparts We Watch. not seem a promising method of attack. There remains air attack. To interrupt traffic through the Canal Mr. SNYDER. I understood the gentleman to say that he by bombing, both channels of one of the locks must be destroyed, is the outstanding authority, · or a spillway dam must be blasted open to let the water out of Mr. CULKIN. I think he is an outstanding authority. Gatun Lake. This is not a matter of a raiding plane with two or three bombs. It is a matter of enough planes to produce a sufficient Mr. SNYDER. Then let me say I think the outstanding concentration of fire to destroy massive concrete structures, which authority on these matters is John Pugh, the clerk of this are less easily injured by the detonation of high explosives against ·committee for the last 23 years. them in the open air than many persons imagine. A considerable force of bombing planes, and fighter planes to protect them, would Mr. CULKIN. I concede that; but I ask some considera­ be needed. Of course, a lucky hit might disable a lock gate, but tion after Mr. Pugh for Major Eliot. two gates, one in each channel, would have to be destroyed to stop [From the New York Herald Tribune] traffic, and then the operation would have to be repeated when the spare gates which are available had been put in place. MAJOR ELIOT SAYS CANAL DEFENSE REQUIRES AID OF UNITED STATES All this means that an air attack on the Canal, if . It hopes NEIGHBORS--ONLY DANGER, HE FEELS, Is FROM A SURPRISE ATTACK for success, must be in strength. It must be launched from an BY A POWERFUL AIR FLEET, AND A 600-Mn.E-WIDE CmCLE OF OUT- aircraft carrier or carriers, or from a land base within striking POSTS WOULD ALLAY ALL FEAR . distance. Carriers cannot easily approach the Canal undetected, (By Maj. George Fielding Eliot) are very vulnerable, could hardly hope to penetrate the Caribbean President Roosevelt, after a tour of inspection of the defenses of on one side, and would be an enormous distance from any con­ the Panama Canal, a tour which included adjacent waters and ceivable base on the other (Pacific) side. islands, has recommended that the defense zone of the Canal be A land air base would have to be established in the territory of consideral;>ly extended in area. This of course involves a certain some Latin-American state. Such a base capable of serving the amount of cooperation from neighboring nations, especially if the number of aircraft needed for an attack on the Canal would be defense zone is to cover a radius of 600 miles, as reported. difficult to conceal, and would itself be vulnerable to attack by our The basic considerations affectin~ the defense of the Panama long-range bombers once it was detected. We are well enough served Canal are not generally understood by the public ·at large. The in this part of the world to render it improbable that a large num­ Canal is hardly likely to be attacked by a great overseas expedi­ ber of bombing aircraft, with all their personnel, fuel, bombs, and tionary force. In the Pacific it is much too far from any base pos- supplies, could be brought together at any point within striking • 1940 CONGRESSIONAL RECORD-HOUSE 2169 distance of the Canal without our being informed of the fact quent years, the flood-control program of the United States • • • though the closer relations we maintain with the Canal's neighbors, the safer we shall be. But "improbable" and "unlikely" will be strung out indefinitely, and I think the tendency of are dane_erdus words. They do not imply absolute security. this administration to cut down· year by year on flood con­ Therefore the Canal must still be immediately defended against trol, as well as on rivers and harbors improvement, must be air attack by antiaircraft artillery and by pursuit aviation. The apparent to everyone. effectiveness of these weapons depends almost altogether on the amount of warning they receive. This requires a warning net, and I hope when this bill goes over to the Senate we may be the effectiveness of a warning net depends in turn very largely on able to get an increase in that appropriation there; and, if the distances of its outlying listening posts from the point to be so, when it comes back to the House, I trust that all those defended. If the Canal defenses could have a warning net with in outposts in the territory or island possessions of neighboring coun­ . interested flood control will take a united stand in support tries (a glance at the map will be sufficient to indicate several suit­ of a motion to concur in the Senate amendment. able locations) the Canal would be much safer. Incidentally, the I am sure I do not need to tell any Member of this body 600 miles which the President is said to have mentioned is just about the importance or the necessity of the value of flood about the limit of the radius of action of average bombers. control. You are all familiar with that. I will say merely NEED OF NEW LOCKS STRESSED that in the opinion of people generally, both in the Congress The Panama Canal is the key to our whole naval strategy. With­ out it we would be compelled to maintain· two fieets instead of one. and throughout the country, there is no more valuable Fed­ If it were closed, our interest in one ocean might be disastrously eral activity than the effective control of the floods in our affected before the fieet could get there from the other. No precau­ major streams. There is no activity that is more in need of tion to assure its safety can we afford to neglect. It is regrettable immediate and effective prosecution at this time. You are in the last degree that plans for the new set of locks (doubling the effort required for successful air attack and practically eliminating familiar with that and with the reasons why that is so. It the chance of sabotage) should not have been pushed more speedily, is my opinion that we ought to prosecute the program in ac­ and that Congress should have cut out the appropriation for this cordance with the plans already authorized by law, and that purpose. But free and assured interoceanic transit for our fieet is so abso­ we can do that and practice rigid economy at the same time. lutely vital to our security that surely, sooner or later, in addition Two years ago the Flood Control Committees of the House to taking every needful measure at Panama, we must come to the and Senate mapped out a comprehensive national program making of assurance doubly sure by the construction of a second for flood control. That program, which is embraced in the canal in Nicaragua. 1938 Flood Control Act, is composed of certain projects which Mr. MO'IT. Mr. Chairman, I rise in support of the pro up to that time had been approved by the Board of Army forma amendment and for the purpose of saying a word about Engineers and submitted to the Congress through the Secre­ the item for flood control in this appropriation bill. I realize, tary of War. Out of these individual authorized projects the of course, the futility of offering an amendment to increase Flood Control Committee made its national program, with the the appropriation for any item in this or, for that matter, in view of solving the problem of flood control for the whole any other appropriation bill which may be before the Con­ country, and the Congress, in adopting this program, declared gress at the present session. The Congress this year is defi­ its intention of carrying out the plan in accordance with the nitely economy-minded, and it has consistently refused to authorization act. increase any of the Budget estimates. The 1938 act, of course, did not include all the projects I do, however, wish to make a statement in regard to the which had been approved by the Board of Engineers and appropriation for flood control because, although we know we reported to the Congress. It included only about one-third cannot increase it, if we do not want its obvious inadequacy to of those projects. The reason the Flood Control Committee go unchallenged and unnoticed. limited its program to its present scope was because it be­ It has been considered by those most interested in this lieved that if it confined itself to a comparatively small pro­ activity that an amendment to increase the flood-control gram it could make a definite beginning on each of the item could not possibly be adopted in the House, and that the projects authorized in the act and that it could complete all cause of flood control would not be helped any by bringing of those projects within the space of 5 years. on a fight here; rather, it might injure our chances of secur­ Now, you will remember that it was at the request of the ing favorable action in the Senate, where hard and fast ad­ President that the committee limited its authorized program herence to the Budget estimates have not been quite so pro­ to one-third of what the committee first intended, and it was nounced. But I call attention of the House, nevertheless, thoroughly understood by all of us that funds were to be pro­ to the inadequacy of this flood-control appropriation. The vided to make a start upon and to continue the limited pro­ engineers, as you know, asked for $206,000,000 to carry on the gram and to complete it in 5 years. But after we passed the orderly national flood-control program for 1941. 1938 bill, and after the Board of .Army Engineers had made Mr. POWERS. Mr. Chairman, will the gentleman yield? its estimates for the first y-ear's work, the Budget Bureau Mr. MO'IT. Yes; I yield to the gentleman from New made a drastic slash in the amount recommended by the engi­ Jersey. neers. The Budget cut it practically in two. The result was Mr. POWERS. The engineers did not ask for that amount. that in the last year we were not able to get a proper start Mr. MOTT. Yes; that is the amount they asked for. on flood-control program at all. About half the projects authorized in the 1938 act have not Mr. POWERS. Did they not say that it could be profitably even been begun, and the engineers were obliged to use all expended? the money appropriated to make even a fair beginning on Mr. MO'IT. Oh, yes; that is always the customary form the few that are now under way. They hoped this year they of their language in making recommendations. could get the rest of them started, but to the amazement of Mr. POWERS. May I say to the gentleman, as I said to a everybody the Budget estimates for 1941 were cut down to less gentleman yesterday, that is the same as a man having a than half of the 1940 appropriation. At this rate new proj­ $4,000 house stating that he could spend $500 profitably for ects will never get started, and the comprehensive program repairs on the house if he had the money? We do not have authorized by the Congress will thus be defeated. the money. I think this particular field is the wrong place to commence Mr. MO'IT. I think the gentleman is confused in regard the economy program. Everybody is aware how and where to the form and manner in which the engineers make their an economy program should start. It should start by cut­ recommendations to the Appropriations Subcommittees. ting those activities of the Government which are practically They make their recommendations by stating that a certain worthless. It is there that economy should start, and if you amount of money can be profitably expended over a certain cut deep enough into these worthless activities you will not period on a certain program or project. That is the form in have to interfere with the legitimate activities of the Govern­ which all of their recommendations are made. As I say, they ment. Hundreds of millions of dollars could be saved by recommended the expenditure of $206,000,000 to carry on the eliminating these worthless activities altogether, but the fact national flood-control problem for the year 1941, and the is that the Budget cuts in those particular activities have Budget cut that .amount down to $70,000,000. Now, with this been almost negligible. They still flourish, while the legiti­ kind of drastic reduction, if it should be continued in subse- mate activities starve. 2170 CONGRESSIONAL RECORD-HOUSE ~EBRUARY 29 As you are all aware, I am particularly interested in the not unreasonable to me to nominate the steamship company for the doghouse again for some new and additional monekyshines, Willamette Valley flood-cqntrol project. This is natural, not to mention loss of private business it is causing to people of since it is in my own district, and since I was the author of tnany Western and Northwestern States of this country. the legislation which authorized the original flood-control The Government intends tO widen the locks of the canal, I survey which finally resulted in the inclusion of this project take it. This means that there'll be a considerable amount of business for American manufacturers and the American work­ in the 1938 flood-control authorization bill. This project will men employed by them. Steel, cement, lumber, machine-tool cost $64,000,000 when completed and will be the outstanding makers of the West would like to get a crack at this business just project of its kind and size in the country. I want this as much as the Easterners. They would ship out of Los Angeles to the Canal Zone. But they can't, Harry-the :freight-rate dif­ project completed within the 5-year period. I do not want it ferential is prohibitive. to be strung out indefinitely. I do not want to take twice as Now, Jerry, you explained last November to Senator DowNEY, long to complete it as was contemplated under the 1938 Flood of California, that the rates couldn't be equalized, and you quoted Control Act. a communication from Harry's War Department justifying dif­ ference in rates from New York and Los Angeles to the Canal But I speak here not so much for my own project as for the Zone. You, Jerry, disclaimed the Government-owned Panama Rail­ national flood-control program as a whole. I have no fear road Steamship Co. was discriminating against private operation, that the Willamette project will not be completed. We have since the real reason, you said, was that Pacific coast ports are farther away from the Canal Zone than New York or Gulf already spent upon it $5,000,000. That was the initial appro­ ports. priation, which was provided last year. We will get a sub­ Now, Jerry, you wouldn't be trying to kid anyone, would you? stantial allotment out of the present appropriation for the To try to justify the big difference in rates on the grounds of next year's work even if the Budget estimates are not in­ "distance" is hooey. And Harry, that goes for the War Depart­ ment, too, since Jerry was quoting one of your official memos. creased. A project of that magnitude once started cannot be Maybe you personally didn't have a thing to do with it, but it stopped. But I want not only this project completed. I sounds as though it were written by somebody who didn't know a want every project authorized in the 1938 act completed; and thing about ocean freight rates, or hoped to fool someone. At any rate, Jerry, being a seaman, you should have known better I think in all fairness to all parts of the country this appro­ than to try and palm it off on the public. priation ought to be increased at least enough to make an From Los Angeles to Balboa the distance is 2,913 miles. From actual substantial start on every one of those projects. The New York to Colon it is 1,974 miles. Your Government-owned Pan­ Congress can do this and still practice economy by reducing ama Railroad Steamship Line is caxrying cement for the new construction on the Canal from New York to Colon at $2.50 a the appropriations for those governmental activities which all ton. From Los Angeles to Balboa, it is $7 a ton. That makes a of us know serve little, if any, useful purpose. difference of $4.50 a ton for a difference of 939 miles in distance. Mr. HINSHAW. Mr. Chairman, I move to strike out the Now you, Jerry, say that's justified because some chump in Harry's last two words. We are at this point in the bill discussing the department said so. Then will you explain to the people, Jerry, how come the rates Panama Canal. I call the attention of the House to the fact from New York to Seattle, 6,038 miles, and New York to Los Angeles, that the Panama Canal owns the Panama Railroad, and 4,930 miles, are uniformly the same, with a difference of 1,108 the Panama Railroad in turn owns the Panama Railroad miles? If there's a difference of $4.50 a ton to the Panama Canal Zone because of a difference of 939 miles, why no difference in Steamship Co. This line operates three steamships between rates for a discrepancy of 1,108 miles? the Panama Canal Zone and New York, in which materials Or, Jerry, how about this? Singapore to New York via Suez is are hauled to the Canal for use there very largely. The rates 10,172 miles; Singapore to Los Angeles is 7,866 miles. A difference for the hauling of this material are quite low; for example, there of 2,306 miles. The rate on crude rubber over the 10,000-mile route is $14 a ton and over the 7,800-mile route is $13.50 a ton. A the rate is $2.50 per ton for cement which is to be used in the difference of 50 cents for 2,300 miles, Jerry-and yet you are trying construction of the Canal Zone. On the Pacific coast our to kid these westerners out here that it's 0. K. for a Government­ rate is necessarily much higher, because the haulage must be owned steamship company to resort to below-cost, sweatshop rates because of a 900-mile differential. done by private steamship lines. It is $7 a ton for the same But, Harry, here's where you come in. The annual report of the thing. I have before me an open letter addressed jointly to Governor of the Canal to the Secretary of War-that's you-for the the Honorable Harry Woodring, Secretary of War, Washing­ fiscal yeax ending June 30, 1939, shows your steamship line lost ton, D. C., and Admiral Emory S. Land, Chairman of the $87,005.35. But the neatest trick is how your department wipes out that deficit. It does it through operation of the docks in the Canal Maritime Commission, Washington, D. C., which reads a.s Zone, all of which are also owned by your Department's Panama follows: Railroad, the same outfit that owns your steamships. These docks [From the Los Angeles Examiner of February 24, 1940] kicked in with $1,936,016 in revenue for 1939. This came from a toll of $1 per ton assessed by the Panama Railroad on all cargo BOAKE CARTER SCORES LOtS ANGELES HARBOR SHIPPING RATE entering the Canal Zone. For instance, on every ton of freight out (Boake Carter, widely read Examiner columnist, writes of in­ of Los Angeles to the Canal Zone the private shipper in Los Angeles equalities in shipping rates affecting Los Angeles Harbor, studied has to pay $1 per ton to the Panama Railroad. The Panama during a recent visit here.) Railroad takes that money it levies on private business to pay for Los ANGELES. the losses it incurs with its own ships, competing against private To the Honorable HARRY WOODRING, business at below-cost prices. And the below-cost operation is Secretary of War, caused by inefficient operation and low rates allowed the eastern Washington, D. C. shippers. · To Admiral EMoRY S. LAND, Now, if that is what is called encouragement of private enterprise, Chairman, Maritime Commission, then I begin to suspect you've both gone New Deal on us. · Washington, D. C. By the way, the public pays taxes to support the War Depart­ DEAR HARRY AND JERRY: I would like to nominate for occupancy ment's operations. Some of that dough goes to keep the Panama of the doghouse once again the Panama Railroad Steamship Co. Railroad out of hock. It seems then that the public is socked You remember, Harry, back 4 or 5 years ago--that was before twioe--through taxes, and by being forced to kick in with another the Commission was born, Jerry-that evidence in the forms of dollar per ton on all private freight. consignment sheets and bills of lading was produced to show that That to me is a good example of the most pernicious form of the Panama Railroad Steamship Co. was carrying American-made Government competition with private industry; Government de­ goods from New York to the Canal Zone. Then they encouraged struction of the very system the Government yells all the time transshipment on foreign-flag ships, especially German boats, on should be maintained. It prevents private industry from pulling down south, ignoring completely the fact that privately operated its share of the load, which Mr. Roosevelt, your boss, says it should, American-flag ships were available for those transshipments? and bars employment of people who must otherwise retnain on Do you remember at that time the Panama Railroad Steamship relief. Co. was running junkets for Congressmen; was operating parallel Yours, to the old Colombia Steamship Line and other United States lines BoAKE CARTER. in direct competition; cut its freight rates and passenger charges P. S.-I hope you two fellows don't mind my drawing your atten­ way below what the private operators could charge? And remember tion to this example of Americanism on the part of the Govern­ the people who knew this condition remarked that that was a ment's War Department and Maritime Commission.-B. C. hell of a way J.or the United States Government to encourage private enterprise and the American merchant marine. The Co­ Mr. Chairman, I do not vouch for the accuracy of the figures lombia, by the way, had to quit and go out of business. used by Mr. Boake Carter, but I understand that the gentle­ I remember, Harry, you investigated, and the Panama Railroad man is careful in that respect and I am inclined to rely upon Steamship Co. nabobs came back with spacious and circuitous ar­ them. I feel so because I myself have attempted to dig into guments, all evading the issue. Since the Panama Railroad Steamship Co. is owned by the Pan­ the statistics to learn why it is that we on the Pacific coast are, ama Railroad Co., and the latter is owned by the United States by virtue of Government-established freight rates on Govern­ Government, under the direction ~f the Wax Depaxtment, it seems ment vessels operating exclusively on the east coast, barred 1940 CONGRESSIONAL RECORD-:S:OUSE 2171 from selling our products in the Canal Zone to Government that sabotage could destroy these canal locks, one time bomb agencies. It is, in my humble judgment, a great wrong to the could put out ef commission this entire artery for an indefi­ Pacific Coast States that is · being done by our Government, nite time. We should build a. third lock and restrict its use and I hope that this day will see the beginning of a movement to our Navy, and our Navy alone. I think the House is to right this wrong. making a mistake by leaving it up to the Senate to put in This wrong may be righted in more than one way. The this amendment which our national defenses demand. most apparent way, possibly, would be for the Government to The pro forma amendment was withdrawn. establish a service on the Pacific coast similar to that now in Mr. ALEXANDER. Mr. Chairman, r move to strike out the operation on the east coast, with approximately an equal or last five words. equitably equivalent set of freight rates. Another way would Mr. Chairman, I am entirely familiar with the problems be for the Government to charge rates for its present service involved and conscious of the needs there, but I want to serve commenslirate with those that would necessarily be charged notice on the :Members of the House that we from the North­ by a privately owned and operated steamship company. Still west districts will certainly object to any further expenditure another way would be to allow a compensating differential for improvements or alterations or for any purpose in the premium in price on west-coast products. I commend this Panama Canal so long as we cannot get justice in the way of subject to your earnest consideration. waterways or freight rates up in the Northwest. We are land­ The CHAffiMAN. The time of the gentleman from Cali­ locked up there and are constantly going down economically fornia has expired. and industrially and in every other way because of the effect Mr. BOREN. Mr. Chairman, I move to strike out the last which the Panama Canal and the immense amount of tonnage four words. · which is going threugh there has on our economy. While I, Mr. Chairman, I came here today with.the intention of sup­ of course, cannot speak for the other Members from the porting an amendment that I believed was going to be offered Northwest and will not attempt to, nevertheless I am sure that by the distinguished gentleman from Virginia [Mr. BLAND] to most of them will go along with me and not support any fur­ add a third lock on the Panama Canal. It has only been ther appropriations for extensions at the Panama Canal. a few months since I was in the Canal Zone and made a Mr. COCHRAN. Mr. Chairman, will the gentleman yield? thorough inspection of the Canal, and I found the universal Mr. ALEXANDER. I yield. sentiment ·amongst military men there that a third lock Mr. COCHRAN. I just want to ask the gentleman to get was vitally necessary to the defense of the United States of one of the committee clerks to prepare a recapitulation of the America. money that the Congress has authorized and appropriated for It goes without question that this lock may decide the fate the Northwest. If he does he will find that it is more than of America at war. It is generally known that we cannot the cost of the Panama Canal. even build a battleship of the new and enlarged sizes that Mr. ALEXANDER. Well, that is somewhat along the line I other navies can build because the present locks are not wide wanted to discuss. enough to let a large battleship go through. Mr. Chairman, we have had spent on the upper Mississippi Mr. POWERS. Mr. Chairman, will the gentleman yield? River improvements up to date, according to the figures of Mr. BOREN. I yield. the Army engineers, $147,191,000. We need an additional Mr. POWERS. We had testimony before 9ur committee $22,809,000 to complete the work there and make it maxi­ that any naval vessel now on the seas or under construction mumly useful and effective. The Army engineers brought ~ can go through the Canal, and from the gentleman's state­ in a request for. funds for 75 items to the Budget Bureau ment I am inclined to believe that the only reason in the and the Appropriations Committee. Those 75 items totaled world for a new set of locks is probably some of the super­ $73,226,800. In that $73,226,800 was an item of $17,989,000 salesmanship of the Navy, who are about to sell 80,000-ton for the 1941 fiscal year, to be applied on that $22,800,000 battleships that cannot go through the present locks. item that we need to complete the work up there--to put a Mr. BOREN. Does not the gentleman agree that all bat­ roof on the house which we here in Congress have already tleships are now built so that they can go through the built. What did the Bureau of the Budget do with those locks, and with that in mind? 75 items, which of course are for districts all over the Mr. POWERS. And all under constructiop are built with United States? The Budget Bureau cut them all down but that in mind. 18 items, and if I can get a little more time I will tell you Mr. BOREN. Doe-s not the gentleman believe that that what those 18 items were, because it is an interesting record is a handicap on construction for our Navy? and I want to· put it in the REco.an at this point. The 18 Mr. POWERS. I hope it is some handicap on super- favored items follow: construction for our Navy. Mr. TERRY. Mr. Chairman, will the gentleman yield? Connecticut River below Hartford, Conn ______$75, 000 Manhasset Harbor, N. Y------63,000 Mr. BOREN. I yield. Irvington Harbor, N. Y------15,000 Mr. TERRY. In the speech of our distinguished col­ Rahway River, N. J------.,------35,400 league, the gentleman from Georgia [Mr. VINsoN], chair­ Great Kills Harbor, Staten Island, N. Y------114,500 St. Jones River, DeL------262, 700 man of the Committee on Naval Affairs, at page 1517 of the Harber of Refuge, Delaware Bay, DeL------65, 000 RECORD of February 15, during the consideration of the Navy Oldnaans Creek, N. J------88,800 bill, there is this language: Fishing Creek, Md------95, 000 Intracoastal Waterway, Jacksonville-Miami, Fla______20, 000 Mr. MAY. Mr. Chairman, will the gentleman yield? Palm Beach, Fla., side channel and basin ______114, 000 Mr. VINSON of Georgia. Yes. Ouachita River and Black River, Ark. and La______36, 000 Mr. MAY. I do not know that the gentleman has specifically so Racine Harbor, Wis------72, 600 stated, but I think it is clear that the 45,000-ton battleships can Suisun Channel, CaliL------135, 500 go through the Panama Canal's present locks, and, therefore, they San Francisco Harbor, Calif------287, 000 are not in excess of the size that can be used. Bodega Bay, Calif------540,000 lVlr. VINSON of Georgia. That is correct. Neah Bay, Wash------500, 000 Now, so far all our present battleships and all battleships Illiuliuk Harbor, Alaska------60, 000 of 45,000 tons, the largest that we contemplate for any time You will notice from the above list that almost without soon, can go through the locks. exception-! believe there are only two-these projects are Mr. BOREN. The gentleman is absolutely correct. Nat­ either on the east or west coast, thus giving still more ad­ urally, we have not built and will not build a battleship that vantage to those sections as compared to our land-locked is too big to go through this vital artery of our defense. The area in the Northwest. It would be interesting to ascertain width of all our present battleships is determined by the width just how these 18 favored projects were arrived at, and just of the present locks. For years we have built top-heavy why we were left out entirely along with 26 other projects. ships because of this difficulty. Let me say further with ref­ In that $17,989,000 which the Army engineers asked for erence to the statement b;y: the gentleman a little earlier, to proceed with the work on the upper river there is an 2172 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 item of $3,845,500, which they propose to use for the build­ it possible to utilize that upper river barge highway and ing of necessary locks at the great historic Falls of St. to get the full, maximum benefit out of the one-hundred-and Anthony. By building these locks, this would. give us a forty-seven-million-odd dollars you have already a.ppropri­ harbor so we could make use of this $147,000,000 which the ated and expended up there. Is it good sense? Is it good gentleman from Missouri [Mr. CocHRAN] is worrying about business to do that? Or should we increase this item in and which has already been expended for the improvement the pending appropriation bill above the Budget estimate so of the upper Mississippi River. Every cent of this will be as to prosecute this work and get this magnificent river high­ returned to the Nation many times over in savings made way in use to the fullest extent to the advantage of all possible not only to the Northwest but to the entire Nation sections of the country, in a manner advantageous to our in years to come by increased business and lowered living agriculture, our trade and industry, our commerce, and our costs, which will result and combine to re-create the former citizens? [Applause.] prosperity of our resourceful, rich, and fertile Northwest [Here the gavel fell.] area and to reestablish better business conditions ·for the Mr. ANGELL. Mr. Chairman, I rise in opposition to the whole Nation, if we can utilize this river highway to the full- . pro forma amendment. est extent, as we will be able to if this small additional sum FLOOD CONTROL IN OREGON-THE WILLAMETI'E BASIN PROJECT is expended up there. Mr, Chairman, the Corps of Army Engineers reported to the In the $3,845,500 for the starting of locks at the Falls of Bureau of the Budget that they could profitably use during the St. Anthony are four items: fiscal year beginning July 1, 1941, $206,624,000 in flood control Dredging below lower lock------$501, 700 for the projects heretofore authorized, one of which is the Dredging above upper lock------536,200 Willamette Basin project in Oregon. However, the Bureau of Construction of lower lock------2, 632, 500 ]Design______175,100 the Budget reduced the amount requested to $70,000,000 only, which amount is carried in the pending bill. Under the re­ 3,845,500 quested allowance of $206,624,000 the United States Army Now, if we are going to be prevented under the terms of engineers contemplated allocating the following amounts for this bill from starting this work, what is going. to happen in the Willamette Basin project--hearings, page 146: case we are embroiled, and I hope we will not be, in this war ~c~enzie Ftiver------$62,000 in a year or two, and you want to get foodstuffs out of that Tualatin Ftiver Dam______500, 100 Dorena Fteservoir ______~------1,960,800 great Northwest breadbasket? You will have the same situa­ Fern Ftidge Fteservoir ------1, 046, 900 tion, or worse than you had in 1918, which is one of the Detroit------2, 138, 000 blackest in our history, when the freight trains were so piled Detailed surveys and plans ______1, 000, 000 up there, and traffic on the railroads was so congested that Willamette Ftiver p1·oper (bank protection)------710, 600 you could not get freight out of or into that great district on Total------7,418,400 which our soldiers at the front must depend for much of their It is not necessary, of course, to restate the reasons which foodstuffs. The result then was that the Government had to induced the Congress to authorize the construction of this take over the railroads, and I will venture to predict now that project, which had been recommended by the Board of Army the condition will be worse next time, because the railroads Engineers. Suffice it to say, however, that the Willamette have not been able to keep up with the necessity to replace Valley, included· in the project, contains a drainage area of ap­ ~ their worn-out and antiquated equipment. Ask any railroad proximately 11,200. square miles, which is· nearly as large as man what their situation is, or ask the War Department--they Holland. It has a north and south dimension of approxi­ can tell you right now-that they are having the jitters be­ mately 150 miles, and an average wid,th of 75 miles. It lies cause of the apparent shortage of rolling stock and locomo­ between the Coast Range Mountains on the west and the tives, and still we fiddle here while Rome burns. Cascade Mountains on the east, and the Calapooya Mountains [Here the gavel fell.] on the south. The valley floor proper contains an area of Mr. ALEXANDER. Mr. Chairman, I ask unanimous con- approximately 3,500 square miles, a great portion of which sent to proceed for 3 additional minutes. lies below an elevation of 500 feet. The climate is mild, having The CHAIRMAN. Without objection, it is so ordered. a minimum annual temperature for the year of 53 degrees, There was no objection. and the growing 'season averages around 210 days in length, Mr. ALEXANDER. In the 3 remaining minutes I want to and the frost-free period usually extends from April 1 to the call, Mr. Chairman, to the attention of the members of the end of October. The mean annual precipitation in the basin subcommittee the fact that although you agreed to allot varies from a minimum of about 40 inches on the lower levels $2,788,500 for work in the Upper Mississippi as compared to to 100 inches in the mountains. the nearly $18,000,000 I have already shown you is desired for If this precipitation were evenly distributed throughout the 1941 by the Army engineers, not a penny of that can be used year it would be wholly sufficient to sustain the agricultural in starting work at Minneapolis. This morning I obtained development in the valley, but the rainfall during summer is from the Army engineers a break-down of how they intend to light and frequently from 30 to 60 days at this season there is use this $2,788,500, and I want to put that in the RECORD so no rain at all. This is very destructive to crops, requiring you may know exactly where this money is going to be spent, some additional irrigation. because some of the members of the committee do not seem On the other hand, the heavy rainfall in the winter, to­ to know the exact situation and engineers' plan under this gether with melting snows, presents a flood danger which, very limited appropriation. through the years, results in immense damage to property, This break-down shows that none of it is going to the and even the loss of life. Major Moore, of the Corps of project in Minneapolis. They are going to use three-quar­ Engineers, reports that the average annual damages in this ters of the amount for putting guards or guide walls at nine basin resulting from floods is $1,693,000. sites. These sites are Genoa, Lynxville, Guttenburg, Du­ While this project is designed for flood control, it also buque, LeClaire, Rock Island, Muscatine, Canton, and Quincy. serves a multipurpose ·in that it not only will prevent the Twenty-five percent of this item of $2,788,500 is to be flooding of this area but will also provide in the seven storage used for the purpose of dredging three little harbors-the basins ample water for irrigation. There are 1,373,000 acres one at LeClaire, the one at Muscatine, and the one at of irrigable area in the valley, of which 700,000 is adapted to Canton. This and the nine items above will require all supplemental irrigation. In addition to flood control and the money the bill carries for work on the upper Mississippi irrigation the project also provides for the improvement of from St. Louis to Minneapolis. This leaves us absolutely navigation in the Willamette River, which is the waterway out in the cold. draining this whole area. At the present time there are Remember this, also, this thing has been under way now 145 sawmills and 7 pulp and paper mills in the area. There going on 5 years; Congress has approved and authorized are approximately 5,000,000 acres of timberland, containing · the project, still you are holding back and refusing to make an estimated 124,000,000,000 board feet. About 80 percent 1940 CONGRESSIONAL RECORD-HOUSE 2173 of this is Douglas fir. The current annual giowth in the Mr. FISH. I just want to make sure in my mind the basin of timber is estimated at 615,000,000 board feet, which gentleman's amendment applies to American citizens. may be materially increased by sustained forestry practice. Mr. LANHAM. It does. The tillable lands within the area are of a high quality, pro­ Mr. FISH. Is that regardless of race, color, or creed? ducing varied agricultural products, and is particularly Mr. LANHAM. It applies to all American citizens in these adapted to diversified farming. The timber and agricultural skilled, technical, clerical, administrative, and supervisory products, as well as mercantile and industrial development, positions in the Canal Zone. amply justify the improvement of the navigation facilities Mr. FISH. It would not discriminate against the American of the Willamette River. Negroes, would it? Mr. Chairman, with funds heretofore appropriated by the Mr. LANHAM. It would not discriminate against anyone Congress, the Army engineers are now actively engaged in who is an American citizen. prosecuting this work. They are constructing th3 Fern Ridge Mr. FISH. That is all right with me. I am for it. project on the Long Tongue River near Et·gene, and have Mr. LANHAM. Mr. Chairman, something may be said with been engaged in making surveys, borings, and acquiring pre­ reference to the expense of carrying on this work with Amer­ liminary data on various other portions of the project. Not­ ican citizens. In this connection may I call to your attention withstanding the general urge for retrench~ent in govern­ that there is pending before the Senate a bill, S. 3130, relat· mental expenditures, it would be unfortunate to refuse a ing to the citizenship and compensation of certain employee~ sufficient appropriation for continuing work on this project, on military construction work in the Panama Canal Zone, which is now in progress. There is an identical bill, H. R. 7941, pending in the House. The Clerk read as follows: In the report of the Senate committee on that bill, there is There is also appropriated for the fiscal year 1941 for the opera­ included a letter from the Secretary of War under date of tion, maintenance, and extension of waterworks, sewers, and pave­ January 15, 1940. That bill contains the same provisions with ments in the cities of Panama and Colon, to remain available until expended, the necessary portions of such sums as shall be paid reference to these various positions that my amendment con­ during that fiscal year as water rentals or directly by the Govern­ tains, r-estricting the work to American citizens. The ment of Panama for. such expenses. Secretary of War said in his statement: Mr. LANHAM. · Mr. Chairman, I offer an amendment. It is not believed that the enactment of the proposed legislation will from a practical viewpoint result in any appreciable increased The Clerk read as follows: cost. Amendment offered by Mr. LANHAM:· Page 15, after line 16, add a new section, to read as follows: And even if it did increase the cost a bit, although the Sec­ _ "SEc. 2. No part of any appropriation contained in this act shall retary of War says that practically it will not, it is worth be used directly or indirectly after January 1, 1941, for the pay­ ment of any civilian for services rendered by him on the Canal something to maintain the American standard of living and Zone while occupying a skilled, technical, clerical, administrative, to give this opportunity for employment when it .can be given or supervisory position unless such person is a citizen of the United in this way to 3,500 or 5,000 of our citizens. States." [Here the gavel fell.] Mr. LANHAM. Mr. Chairman, I have long been an .advo­ Mr. LANHAM. Mr. Chairman, I ask unanimous consent to cate of American work for American workers.- The amend­ proceed for 5 additional minutes. ment which I have introduced provides for the employment The CHAIRMAN. Is there objection to the request of the of citizens of the United States in the Canal Zone in those gentleman from Texas [Mr. LANHAM]? positions which are skilled, technical, clerical, administra­ There was no objection. tive, and supervisory. Mr. LANHAM. Mr. Chairman, something may be said The Panama Canal Zone is a very important element of with reference to the fact that we employ these aliens down our national defense. May I bring it to your attention in the there because of the good-neighbor policy. I am quite as first place that this amendment does not place any limitation much in favor of the good-neighbor policy and friendly upon the employment of common labor. It is probably not relations between the United States and Central and South practical to seek to introduce at this time an amendment American countries as anyone could be, but I do not think which would restrict common labor in the Canal Zone to the good-neighbor policy can be construed to mean that American citizens. American work shall be given to aliens and that we should, May I also call attention to the fact that this amendment when this work is available, continue to keep our American does not take effect until January 1, 1941, thus allowing 10 labor unemployed. I think the duty is incumbent upon the full months for the necessary changes to be made. Congress, especially with reference to the Panama Canal and Mr. Chairman, this is no legislative innovation. A sim­ its importance in our national defense and in our national ilar provision appears in the law with reference to the con­ economy, to have in these skilled, technical, clerical, admin­ struction of new locks in the Panama Canal. This House istrative, and supervisory positions citizens of the United recently placed a similar amendment upon the naval appro­ States of America. priation bill. Mr. LEWIS of Colorado. Will the gentleman yield? I have been very much surprised to learn upon authority Mr. LANHAM. I yield to the gentleman from Colorado. which I think is entirely reliable that in the skilled, clerical, technical, administrative, and supervisory positions there are Mr. LEWIS of Colorado. In addition to the point which now between 3,500 and 5,000 aliens working for our Govern­ the gentleman from Texas . has brought out-namely, the ment in the Panama Canal Zone. In other words, there are desirability of giving employment to American citizens who between 3,500 and· 5,000 idle American workers in these are out of work-there is a further fact to which I personally capacities who would be given an opportunity to perform can attest. Having been down to the Canal Zone several this labor if this amendment is adopted. months ago and having conferred at length and confiden­ tially with high officials there, including officers of the Army Mr. BLAND. Will the gentleman yield? and Navy, I am informed that for many years the Canal Mr. LANHAM . .I yield to the gentleman from Virginia. Zone has been teeming with alien spies. It is unnecessary Mr. BLAND. Is the gentleman not referring to common to specify, but anyone can accurately surmise, what nation­ labor? He does not have reference to the positions covered alities predominate among these alien espionage agents; here. but they have been and are there beyond all doubt. I under­ Mr. LANHAM. My authority for the statement comes stand the Federal Bureau of Investigation and other agencies from a most reliable source, and I understand the number have been doing some good work down there of late. But, mentioned relates simply to labor of the character indicated I submit, it would be most unfortunate to have employed in this amendment and not to common "labor. on important military work in so vital a strategic point as Mr. FISH. Will the gentleman yield? the Canal Zone any skilled or technical workers who owe Mr. LANHAM. I yield to the gentlelll9-n. from New York. no allegiance to the United States. 2174 CONGRESSIONAL RECORD-HOUSE ~EBRUARY 29 Mr. LANHAM. I was thinking that the gentleman could Panamanian citizens with those of the United States, and to favor such measures as may be necessary to put this policy into effect. see that implication between the lines of my remarks. This question was thoroughly discussed during the negotiations Mr. LEWIS of Colorado. I think the implication by the which resulted in the general treaty between the United States and · gentleman was very clear, but I believe it will do no harm to Panama on March 2, 1936. At the time the general treaty was signed and as an accompaniment thereof, the Secretary of State emphasize it at this time. addressed a note to the Panamanian negotiators in which he stated: Mr. LANHAM. I am grateful to the gentleman. "* * * the Government of the United States of America, in Mr. KERR. Will the gentleman yield? recognition of the special relationship between the United States Mr. LANHAM. I yield to the gentleman from North of America and the Republic of Panama with respect to the Panama Canal and the Panama Railroad Co., maintains and will maintain Carolina. as its public policy the principle of equality of opportunity and Mr. KERR. Does not the act of Congress which has to do treatment set down in the order of December 23, 1908, of the Secre­ with the construction of the third lock at the Panama Canal tary of War, and in the Executive orders of February 2, 1914, and February 20, 1920, and will favor the maintenance, enforcement, or provide for just what the gentleman's amendment provides? enactment of such provisions, consistent with the efficient opera­ Mr. LANHAM. The act that has been passed with refer­ tion and maintenance of the Canal and its auxiliary works and ence to the new locks? their effective protection and sanitation, as will assure to Pana­ Mr. KERR. Yes. manian citizens employed by the Canal or the railroad equality of treatment with employees who are citizens of the United States of Mr. LANHAM. It does: The naval appropriation bill America." . which we passed recently has this same provision in it also. This note was before the United States Senate when the treaty There are pending bills both in the House and Senate with was ratified July 27, 1939. The pertinent parts of the Executive orders referred to in the reference to military construction having this provision in it, Secretary of State's note read as follows: and the Secretary of War has stated it will involve practically "Executive order of the Secretary of War, dated December 23, no additional cost. 1908: . "By authority of the President, it is ordered: In my remaining time I want to call attention to one fur­ "That the Executive order of February 8, 1908, restricting the ther thing that may possibly be said. It may be urged that personnel of gold employees to American citizens be amended to this amendment would be a violation of our treaty obligations, read as follows: "'On and after this date, the employment by the Isthmian Canal but I am reliably informed that the treaty between the United Commission of skilled laborers, clerks, and all others who have States and Panama, signed by the authorities of Panama in heretofore been known as gold employees of the Commission 1936, contains no inhibition against the policy proposed by shall be restricted to American citizens and citizens of Panama, this amendment and that the only thing which has occurred except where American or Panamanian labor or services of the character required is not available. with reference to this particular feature since Panama signed " 'Foreign employees now upon the pay roll of the Commission that treaty was an exchange of notes between administrative shall not be affected by this order, save in the event of any reduc­ and executive officers and not by legislative action. Since tion of force preference shall be accorded to American citizens and the treaty was signed by Panama in 1936, this very provision citizens of Panama.' "Executive order dated February 2, 1914: that I am suggesting has been placed in our law with refer­ "6. All employees who receive over $75 per month or over 40 cents ence to construction in the Panama Canal and was recently per hour must be citizens of the United States or the Republic of placed by similar amendment in the naval appropriation bill. Panama and such citizens will be given preference for employment in all grades. Aliens may not be employed in such grades unless-- Mr. Chairman, in these times of unemployment, when "(a) they have occupied similar positions during the construction capable American citizens are walking the streets and asking of the Canal for 2 years or more; or for jobs, I feel it is our duty to see to it that in our own Ameri­ "(b) in case of emerg~ncy, in which latter case they must be can endeavor, for the protection of our country and for the replaced by citizens of the United States or Republic of Panama as early as practicable. facility of our commerce, we take some of these worthy citi­ "Executive order dated February 20, 1920: zens who are searching for employment and give them this "1. That the Executive order of February ·2, 1914, be so amended good American opportunity to do American work. [Ap­ that paragraphs 6 and 20 thereof shall read as follows: plause.] "'PAR. 6. All employees who receive compensation at the rate of more than $960 a year or 40 cents an hour, must be citizens [Here the gavel fell.] of the United States or the Republic of Panama, and such citizens Mr. SNYDER. Mr. Chairman, I rise in opposition to the will be given preference for employment in all grades. Aliens may amendment. not be employed in such grades unless (a) they have occupied similar positions during the construction of the Canal for 2 years Mr. Chairman, I have here a letter from the Acting Secre­ or more, or (b) in case of emergency, in which, latter case they tary of War, dated today, February 29, which is an answer must be replaced by citizens of the United States or Republic of to questions that might be raised with reference to the amend­ Panama as early as practicable.' " ment offered by our colleague the gentleman from Texas [Here the gavel fell.J [Mr. LANHAM]. I ask unanimous consent, Mr. Chairman, Mr. LANHAM. Mr. Chairman, I ask unanimous consent that the Clerk read this letter. that the time of the gentleman from Pennsylvania be ex­ The CHAffiMAN. Is there· objection to the request of the tended 5 minutes, and within that time I wish to ask him gentleman from Pennsylvania? some questions. There was no objection. Mr. SCHAFER of Wisconsin. Reserving the right to ob­ The Clerk read as follows: ject, Mr. Chairman, how much longer will it take to read WAR DEPARTMENT, this New Deal manifesto which indicates that although we WO;shington, February 29, 1940. have more than 11,000,000 Americans who cannot find a job · Han. J. BUELL SNYDER, we should give foreigners the jobs in our Panama Canal Zone House of Representatives, Washington, D. C. DEAR MR. SNYDER: I have been advised that efforts will be made national-defense program. to amend the War Department civil functions appropriation bill Mr. RAMSPECK. Mr. Chainnan, I make the point of to include a labor restriction similar to section 7 of bill H. R. 8438, order that unanimous consent was given for the reading making appropriations for the Navy Department for the fiscal of this letter and, therefore, it is not necessary that addi­ year 1941. Section 7 of bill H. R. 8438, as it passed the House February 16, tional time be granted. 1940, provides: The CHAIRMAN. Is there objection to the request of "SEc. 7. No part of any appropriation contained in this act shall the gentleman from Texas? be used, directly or indirectly, after January 1, 1941, for the pay­ ment of any civilian for services rendered by them on the Canal There was no objection. Zone while occupying a skilled, technical, clerical, administrative, In a radiogram just received, the Governor of the Panama Canal or supervisory position, unless such person is a citizen of the United states that such restrictions in the War Department civil functions States of America." appropriation bill "would conflict with the commitments of our The application of such an amendment to the War Department Government with respect to employment of Panamanians. The civil functions appropriation bill would violate the treaty con­ adoption of such an amendment would necessitate the discharge on cluded with the Republic of Panama, March 2, 1936, which was January 1, 1941, of a number of persons on the pay roll of the Canal proclaimed by the President July 27, 1939. The Government of the who are Panamanians and many of whom have been employed for United States stands committed to the Government of the Re­ a number of years." He further states: "The restrictions in the public of Panama to maintain as its public policy the principle of Third Locks Act, which would exclude Panamanians from a large equality of opportunity for employment on the Panama Canal of number of positions, and the provisions of other bills now under 1940 CONGRESSIONAL RECORD-HOUSE 2175 consideration which would impose restrictions against the employ­ Mr. FISH. That is not so very much to ask of Congress ment of Panamanians, have been very severely attacked in the local press for many weeks, although the Panamanian Government and when there are 10,000,000 unemployed in America. press are assuming that by reason of President Roosevelt's assur­ Mr. LANHAM. Not in my opinion. ances to the Panamanian Government, steps will be taken to secure Mr. SCHAFER of Wisconsin. Mr. Chairman, I move to adoption of legislation which would remove the application of these strike out the last four words. restrictions against Panamanians and to bring this legislation into line with the commitments of our Government in the 1936 treaty Mr. Chairman, I did not object to the reading of the with respect to the employment of Panamanians." New Deal manifesto, the proclamation which our New Deal The Governor also states that "In view of the President's com­ Secretary of War issued in favor of employing citizens of mitments as to the eligibility of Panamanians to obtain employ­ ment in any capacity with the Canal, the community of interests foreign countries in our Panama Canal national-defense which exists between the Governments of the United States and program, notwithstanding the fact that we now have more Panama and in view of the fact that the enactment of this legis­ than 11,000,000 of our American citizens who are out of a lation would most seriously retard the measures now under way for safeguarding the locks and other vital structures of the Canal, job, who want a job, and who cannot get a job, although for it is considered that the utmost endeavor should be made to secure 7 long years we have had the benefit of the socialistic Karl the elimination of these amendments from all appropriations bills Marx conception of government imported direct from Moscow for expenditures within the Canal Zone, and more particularly by the New Deal. from the civil-functions bill.'' The President, in a statement made August 11, 1939, on ap­ I receive in my office, and no doubt many other Members of proving bill H. R. 5129, authorizing the construction of additional Congress receive, hundreds of letters each week asking for locks, called attention to a somewhat similar labor restriction information with reference to the possibility of obtaining which was applicable to new personnel only and did not require the discharge of persons then employed. He stated that the provision employment in the Government service. Many of these included in that bill was a violation of the treaty with Panama letters ask information with reference to obtaining employ­ and that he proposed to request the Congress to amend the law so. ment in the Panama Canal program. Mr. Chairman, the as to bring it into conformity with the commitments entered into pending amendment presents an important issue on which with Panama. The Governor of the Panama Canal has called my attention to we must take a position. We must take a position on the the fact that if the labor restriction in section 7 of bill H. R. 8438 side of 11,000,000 unemployed American citizens or on the were incorporated in the War Department civil-functions appropri­ side of unemployed foreign subjects who reside in foreign ation bill, it would require the discharge of many employees who have served the United States faithfully for many years and that lands. to discharge them and eject them from the Canal Zone in practically Remember that our good Lord said, "No man can serve destitute circumstances would be inhumane and unjustifiable. He two masters." He also said, "He that is not with me is against pointed out that their status as aliens is generally due to their inability to acquire citizenship by virtue of their residence in the me"; and "wherefore by their fruits ye shall know them." Canal Zone, since the naturalization laws do not apply there. Mr. Chairman, the vote on this amendment will reveal whether A restriction of this nature would, in effect, make an important we serve and take a position on the side of our unemployed change in the Government's policy of maintaining and operating the Panama Canal, which has been in effect successfully for more American citizens or whether we shall serve and take a posi­ than 25 years. Such a change in policy should not be made without tion on the side of foreign subjects who reside in foreign full hearings in order that the Congress may be fully informed as lands. I choose to serve on the side of our unemployed to its far-reaching effects. It would affect the regular operating American brethren. Mr. Chairman, we should also remem­ force of the Panama Canal and therefore is much more objectionable than if applied only to a temporary construction force. ber that this Panama Canal program is an essential and im­ Sincerely yours, portant part of our national defense. If we employ Ameri­ L. D. GASSER, can citizens on the program there will be far less oppor­ Acting Secretary oj War. tunity for alien agents to sabotage it. Mr. LANHAM. Mr. Chairman, will the gentleman yield I sincerely hope that the pending amendment offered by for· a question? our very distinguished, lovable, and patriotic colleague, the Mr. SYNDER. I ·am pleased to yield to the gentleman gentleman from Texas [Mr. LANHAM], will be adopted unani­ from Texas. mously. [Applause.] Mr. LANHAM. Is it not true that when Panama signed [Here the gavel fell.] this treaty in 1936 there was no provision in it with reference Mr. ·wooD. Mr. Chairman, I rise in opposition to the to the holding of these skilled, technical, clerical, adminis­ pro forma amendment. trative, and supervisory positions by citizens of Panama? Mr. Chairman, this is a War. Department appropriation bill, Mr. SNYDER. Yes; but I understand that these notes and in connection with the pending amendment I would like were exchanged before the ratification by Congress. to refet to the trouble that has been experienced in the Mr. LANHAM. Is it not correct that when Panama signed Panama Canal Zone. the treaty in 1936 there was no such provision in it? When theN. I. R. A. was enacted, we appropriated $3,300,- Mr. SNYDER. That is correct, if I am advised correctly, 000,000 for public work relief, and so forth, and the P. W. A. but these notes were exchanged before our ratification. was established. A part of that fund was allotted to the Mr. LANHAM. Is it not also true that since that time Panama Canal Zone. A minimum scale of wages was estab­ we have passed laws with this provision in them? lished by P. W. A. for artisans, mechanics, and workmen on Mr. SNYDER. Yes; but it is only fair to say they had all public construction jobs performed by the P. W. A. Dur­ quite limited application. ing the Seventy-fourth Congress some improvements were [Here the gavel fell.] made on the Panama Canal and a certain number of con­ Mr. FISH. Mr. Chairman, I move to strike out the last tractors secured these contracts, among whom was the firm word. of Mertinz & Griebens. Mr. Mertinz was a captain and Mr. I wanted to get into this controversy somehow or other. Griebens was a soldier in the Austrian Army. They had a [Applause.] contract on which they were working West Indians. A com­ Mr. Chairman, I really wanted to propound an inquiry of plaint was made by the American Federation of Labor and the gentleman from Texas if he would rise to his feet and the chairman of the Military Affairs Committee of the Senate respond to a question. Yesterday we authorized the ex­ introduced a bill along the lines of the amendment proposed penditure of $100,000,000 for the relief of foreign nations. by my colleague the gentleman from Texas, and through a Is it not about time we do something in the way of relief complaint of the American Federation of Labor the Senate for our own American unemployed? Military Affairs Committee sent a subcommittee to Balboa Mr. LANHAM. I entertain that sentiment very vigorously Heights, Canal Zone, to conduct a hearing into the advis­ myself. This is an effort on my part to make available ability of the passage of this bill and the conditions that somewhere between 3,500 and 5,000 places for unemployed prevailed in the Canal Zone. American workers, allowing 10 months in which the ex­ During this time Mr. Philip B. Fleming, then Acting Deputy change can be made in order not to interfere with the Administrator of P. W. A., and another deputy, flew to the progress of the projects in the meantime. Panama Canal and appeared at this hearing. 2176 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 Among other things they had this to say about the wages officials of the Government or the labor unions would advocate any amendment whatsoever. paid by not only this firm of contractors, but others, and he After the House passed the legislation and after the Senate com­ placed in the record a letter he wrote to the Secretary of mittee had favorably reported it to the Senate, Panamanians learned War after he made his investigation, and this is dated March of this action and cabled their diplomatic representatives in Wash­ 27, 1935: ington, who interviewed President Roosevelt, and as a result he reversed his position and notified the Secretary of War and Mem­ The Division of Investigations has recently made a complete bers of the Congress who are in charge of the legislation that he inspection and labor survey of all projects in the Canal Zone would insist on an amendment giving to Panamanians equal em­ financed with P. W. A. funds. The majority of the reports of the ployment rights. special agents indicate a satisfactory condition in all respects except We. regret this action of the President, because if agreements one. It was noticed that contractors were employing native artisans freely made between men do not stand up nothing else will. The at the rate of 50 cents per hour, whereas these men are doing work President predicates his change of attitude on the treaty made by which is classified as skilled under the original instructions. the Panamanians and the United States Government, which is On December 8, 1933, Major General McKinley dispatched the found in the CONGRESSIONAL RECORD of July 24, 1939. attached radiogram to the Canal Zone which was to establish wage Nowhere in the treaty itself is this agreement mentioned, but rates. There are three classifications set out therein: (a) Skilled after the Panamanians had ratified the treaty there was an exchange labor at $1.20 per hour; (b) semiskilled labor at 50 cents per hour, of notes between the representatives of the two Governments giv­ and (c) common labor at 30 cents per hour. It is the opinion of ing to the Panamanians equal employment rights. This was simply this office after several conferences on this matter that it would a renewal of an understanding reached many years ago and car­ be unfair to require contractors to abide by the $1.20 rate for native ried in Executive orders of the President and the Secretary of War. artisans in view of the fact that our investigators state that the While the Panamanians have had equal employment rights on the normal productivity of these men is not more than 33 percent of zone for many years, they have not been employed because equal that of a skilled American workman. employment rights for them would and should carry the same I would suggest that General McKinley's radiogram, mentioned vacation privileges Americans enjoy, the same commissary privi­ above, be amended to read in paragraph (b) to include the words leges the Americans enjoy, the same transportation privileges the "native artisan" in the 50-cent brackets. .Americans enjoy on the Panama Railroad and Panama Steamship Line, the same housing conditions, the same rates of pay, and all [Here the gavel fell.] other perquisites enjoyed by Americans. These things are not Mr. WOOD. Mr. Chairman, I ask unanimous consent to enjoyed by the West Indian employees, and the average wage proceed for 3 more minutes. scale for them is approximately 25 cents per hour, although they Tile CHAIRMAN. Is there objection the request of the are employed on all building trades, clerical work, as policemen, to etc. gentleman from Missouri? While the Panamanians had these equal employment rights, our There was no objection. American officials would not employ them to any great extent Mr. WOOD. Now, the artisans are the mechanics in the because they could get the West Indians cheaper. The excuse of the supervisors was, first, that the Panamanians did not speak Eng­ Panama Canal Zone. This firm, however, was employing lish and, therefore, American supervisors could not direct them native West Indies artisans and workmen, and they were in their work. When the Panamanians made the teaching of Eng­ paying below 30 cents an hour, and that is how the funds of lish compulsory in their schools and a new generation grew up, they still were not employed, as the . West Indian could still be the United States were spent in the construction work in employed at miserable wages. the Panama Canal Zone, and there was not a single Ameri­ If, however, the West Indian is eliminated, there will be equal can working on this job of Mertinz & Griebens. opportunity for these Panamanians if they are given equal employ­ Therefore, I believe we should start with our War Depart­ ment rights, and it will deprive American citizens of half of all ment, especially, in weeding out these aliens who are em­ positions covered in Mr. LANHAM's amendment. The construction work that is to be done on the Panama Canal ployed now in supervisory capacities as experts and so on, Zone is of a heavy nature, the new set of locks, etc. Panamanians and we should, by all means, require that the work performed have never worked on this class of work, and a most distressing by the artisans, mechanics, and experts on our war projects situation will result if they are given equal employment rights, should be done by American citizens, and I certainly do hope which means half the pos:tions. It will create a deplorable situation not only for the American that the amendment of the gentleman from Texas [Mr. LAN­ workmen but for the contractors, as all large contracting firms HAM] may receive the unanimous approval of the Committee. capable of handling such projects have cordial relations with our Mr. Chairman, I would like to now ask unanimous consent organizations in the United States, and we have been advised by several of the very largest firms that they did not care to bid to submit a statement from the b•1ilding and construction on these Canal Zone projects unless legislation similar to that trades department, American Federation of Labor, which I now proposed is enacted, because their bids would be based on rates ask that the Clerk may read, if there is no objection. of pay and working conditions Americans enjoy while some other Tile CHAIRMAN. Without objection, the Clerk will read firms might base their bids upon rates of pay and conditions of the West Indians. the statement. Another point is large contractors having the cordial relations There being no objection, the Clerk read as follows: spoken of above would not care to jeopardize the friendly coop­ BUILDING AND CONSTRUCTION TRADES DEPARTMENT, eration now existing in the United States by going outside the Washington, D. C., February 29, 1940. country and being forced to do work under conditions which would jeopardize such relationships. STATEMENT OF BUILDING TRADES DEPARTMENT OF THE AMERICAN FED­ ERATION OF LABOR REGARDING THE AMENDMENT COVERING THE They also fully realize that it is necessary to have experienced, EMPLOYMENT OF AMERICAN CITIZENS ON THE PANAMA CANAL ZONE competent American workmen to do such work. The President should not carry his good-neighbor policy to the WHICH MR. LANHAM IS TO PROPOSE TO H. R. 7941 extent he now proposes and deprive American skilled labor of We earnestly appeal to the Members of the House to vote in half of these positions when the building trades, although con­ favor of the amendment which has been offered by Congressman ditions have improved, still have 25 percent of their members LANHAM, and which eliminates aliens above the grade of common totally unemployed in the United States. Everyone knows that laborer from civilian service on War Department activities to be there are nine or ten million American people unemployed in the carried on in the Canal Zone. United States at present, and they should be given these employ­ This amendment is effective January 1, 1941, and gives plenty ment opportunities on the Canal Zone and aliens should not be of time for any necessary adjustments. considered. We understand that after W. C. Hushing, national chairman of JoHN P. CoYNE, the A. F. of L. legislative committee, appeared before the Ap­ propriations Committee on this matter, that the committee agreed President, Building and Construction Trades Department, to the identical language in Mr. LANHAM's amendment, incorporated A. F. of L. it in the bill and the report and forwarded it to the Government HERBERT RIVERS, Printing Office. President Roosevelt learned of this action, in­ SelYI'etary-Treasurer, Building and Construction Trades tervened, and the bill was recalled from the Printing Office and Department, A. F. of L. the amendment stricken. Mr. BLAND. Mr. Chairman, I rise in opposition to the As representatives of all building trades affiliated to the Amer­ ican Federation of Labor, we sat in all conferences with Chairman pro forma amendment. Tile questions that are involved in Hushing which were held between the representatives of labor, the amendment offered by the gentleman from Texas [Mr. the Secretary of War, Budget Director Smith, and other Govern­ LANHAM], whom I love to follow usually, are much more far­ ment officers, and all concerned were in absolute agreement in regard to this proposal as set forth in H. R. 7941, which was passed reaching and important than he really has understood, I fear. by the House and which has been favorably reported in the The questions that are involved there should be considered Senate. on the bill which has been introduced by the gentleman from Before the introduction of this legislation, Secretary Woodring Texas and referred to the proper legislative committee. I remained after a cabinet meeting was concluded and went over the proposal in detail with President Roosevelt, who gave it his wonder how many in this House have been to the Panama absolute endorsement and with the understanding that none of the Canal Zone. I have. I went there with an idea that we 1940 CONGRESSIONAL RECORD-HOUSE 2177 should have as many Americans there as possible, and I still person ts a citizen of the United States, or a person in the service of the United States on the date of the approval of this act who have that idea, but gentlemen should remember that we are being eligible for citizenship had theretofore filed a declaration building in a foreign country. I wonder if gentlemen realize of intention to become a citizen or who owes allegiance to tha what the danger is in respect to sanitation, if in sending men United States." there for whom homes have not been prepared, for whom hos­ Mr. VANZANDT. Mr. Chairman, the amendment I offer pitals have not been prepared, with conditions absolute~y di~­ at this time is similar to the amendment adopted by the ferent from those that obtain in the United States, climatiC House some weeks ago with reference to the naval appropri­ conditions, entirely different, and who should have thrown ation bills. Your attention is called to the fact that mY around them if they go down there every protection for health amendment restricts the expenditure of the money appro­ and sanitation. Mr. Chairman, I would not subject the priated for the nonmilitary functions of the War Depart­ laborers of my section to what I fear would happen if we ment to only American citizens within the continental have not adequate provision for their care and protection. United States and does not apply to the Panama Canal Zone I am not talking about the dollars that are involved in the where there is employed the so-called ''silver labor" group construction of these homes and hospitals and the placing of composed of native West Indians and Panamanians who are nurses and physicians there to take care of newcomers. Read, accustomed to climatic conditions that render it impossible if you will, the evidence that was presented before my c~m­ for native Americans to follow such occupations. mittee on a bill that wlll soon appear before the House If I By excluding aliens other than the above referred to group, can get the consent of the Rules Committee, for increased the plight of the vast army of unemployed American citizens funds to the Americans who went down there in construction is being recognized by the Congress of the United States. days when living conditions were bad. As a rule, livi~g con­ Why should the American people spend millions to help ditions are now very good, but it is by reason of hospitals to the unemployed and at the same time provide jobs for aliens take care of those that are down there that they are good, through appropriations such as we are considering? Every and ample facilities to take care of the present population. single dollar appropriated by this Congress should be spent You cannot provide those facilities at once. The argument with a view to improving the position of our own American of my friend itself shows that this iS a proposal not to be citizens, and by the adoption of this amendment Congress handled on the floor by a committee amendment, but it is a takes a step in that direction. proposal to be handled in the conf?nes of a ~egisl~tiv~ com­ My colleagues, I earnestly exhort you to consider our mittee, working out every problem m connectiOn With 1t, and 10,000,000 unemployed fellow Americans and respectfully re­ meeting every condition that may arise. I shall not under­ quest your favorable consideration of this amendment. take to defend the President of the United States from the Mr. SNYDER. Mr. Chairman, will the gentleman yield? letter of the American Federation of Labor. He needs no Mr. VAN ZANDT. Surely. defense. His record should protect him from any attacks by Mr. SNYDER. As far as I am concerned, I will accept the labor. . . gentleman's amendment. Mr. WOOD. Mr. Chairman, will the gentleman yield? Mr. VANZANDT. I thank the gentleman. Mr. BLAND. Yes. The CHAIRMAN. Without objection, the amendment will Mr. WOOD. Did not a subcommittee of the Senate Mili­ be agreed to. tary Affairs Committee hold an exhaustive hearing in Panama The amendment was agreed to. on the Sheppard bill? Mr. LEAVY. Mr. Chairman, I move to strike out the last Mr. BLAND. I do not know whether they did or not. word. Mr. WOOD. They did; I tell the gentleman. Mr. Chairman, just for a moment or two, I want to discuss Mr. BLAND. This House has a right to have matters the record of the hearings on this bill, insofar as it bears on studied by its own committees, and passed upon by its own the Bonneville project. ·Members, with all due respect to those gentlemen. The In the hearings, on page 126, the distinguished chairman of contract that was referred to here was not a contract com­ this subcommittee asked General Robbins if the $6,289,000, ing out of the funds for the Panama Canal Zone, but it was asked for Bonneville in the deficiency bill a day or two pre­ very distinct from that. The Navy Department has charge ceding the consideration of the Bonneville item here, was of construction for its work down there and the War De­ being used. Now, as a matter of fact, and as a matter of partment has the construction of those works that are for record, there never was a deficiency submitted for Bonneville military defense. You are dealing now with Panama Canal in the. sum of $6,289,000, nor in any other sum, during this Zone funds, and dealing with men who have been there year. Anyone reading the record would be under a misap­ working from 1914, and before that time, up to th~ present. prehension. I want to ask the distingUished chairman of the Let us approach the matter gradually, and sensibly, and subcommittee if I am not correct in the statement that I now reach a wise conclusion. make? The CHAIRMAN. The time of the gentleman from Vir­ Mr. SNYDER. The gentleman is correct. It was a mis­ ginia has expired. The question is on the amendment of­ print. I had in mind the Boulder Dam project when that fered by the gentleman from Texas. statement was made. Tl:le gentleman is correct. The question was taken; and on a division (demanded by Mr. LEAVY. As a result of that misapprehension, there Mr. LANHAM) there were-ayes 86, noes 23. was a limitation placed upon the Bonneville appropriation, So the amendment was agreed to. which is found on page 10 of the bill. The Clerk read as follows: Mr. SNYDER. I beg the gentleman's pardon. I would not SEc. 2. The total amount used on an annual basis for admin­ istrative within-grade promotions for officers and employees under say as a result of that misapprehension that limitation was any appropriation or other fund made available in this act shall placed in the bill. I would not want to go on record as saying not exceed the amount determined by the Bureau of the Budget that. to be available for such purpose on the 'f?asis of the Budget Mr. LEAVY. Will the distinguished chairman say that the estimate for such appropriation or fund exclusive of new money in any such Budget estimate for such administrative promotions. fact that such misapprehension did exist it became a factor leading to placing this limitation on the bill? Mr. VAN ZANDT. Mr. Chairman, I offer the following Mr. SNYDER. It might have been one of the factors. amendment which I send to the desk. Mr. SMITH of Washington. Mr. Chairman, will the gentle­ The Clerk read as follows: man yield? Amendment offered by Mr. VAN ZANDT: Page 15, after line 24, add a new section as follows: Mr. LEAVY. I yield to my colleague. "SEc. 3. No part of any appropriation contained in this act Mr. SMITH of Washington. I would like to ask this ques­ or authorized hereby to be expended shall be used to pay the tion: Is it not a fact that according to the plans and speci­ compensation of any officer or employee of the Government of the United States, or . of any agency the majority of the stock fications in constructing the various units, when we come to of which is owned by the Government of the United States, the time when units 5 and 6 are completed, that will really whose post of duty is in continental United States unless such provide a retaining wall and foundations for units 7 and 8, 2178 CONGRESSIONAL RECORD-HOUSE ;FEBRUARY 29 and, as I understand it, it was not intended, in placing this sation of any officer or employee of the Government of the United States, or of any agency the majority of the stock of which is limitation, to preclude that method of construction, which owned by the Government of the United States, whose post of duty would be most economical and be in accordance with the is in continental United States unless such person is a citizen of plans and specifications? the United States, or a person in the service of the United States Mr. LEAVY. It is my understanding that the situation is on the date of the approval of this act who being eligible for cit i­ zenship had theretofore filed a declaration of intention to become just as my colleague has explained it. If I am in error on a citizen or who owes allegiance to the United States." that, I would like to have the chairman of this committee or some member of the committee correct me. The SPEAKER. The question is on the amendment. The Bonneville project is a project providing for 10 gen­ Mr. MARCANTONIO. Mr. Speaker, I ask for a division. erating units, 2 of which have been installed, and all the The question was taken; and on a division (demanded bY power that is there generated is now sold, and there is a de­ Mr. MARCANTONIO) there were--ayes 135, noes 3. mand for additional power, and 4 more are being installed. So the amendment was agreed to. There are still 4 that should be and can be installed. If a The SPEAKER. Without objection, the Clerk will be strict construction is placed upon this limitation of the authorized to correct the section numbers of the bill. $800,000, it would mean that when unit 6 is reached no pro­ There was no objection. vision whatever could be made for the ultimate construction The bill was ordered to be engrossed and read a third of unit 7. It would mean that whenever the Government did time, was read the third time, and passed, and a motion to see fit to construct unit 7, it would have to spend hundreds of reconsider was laid on the table. thousands of dollars, because it was prohibited in the con­ EXTENSION OF REMARKS struction of unit 6 from taking into consideration the fact · Mr. BLAND. Mr. Speaker, I ask unanimous consent that that there would be another unit. I am glad to know that the in revising and extending the remarks I made in the Com­ committee had no such thought when they wrote the limiting mittee of the Whole today I may include certain quotations language in this bill. and excerpts. Now, many skeptics have said, "You will never sell that The SPEAKER. Without objection, it is so ordered. Bonneville power." Why, Mr. Chairman, the Aluminum Co. There was no objection. of America in the last GO days has contracted for $10,000,000 Mr. MOTT. Mr. Speaker, I ask unanimous consent to worth of Bonneville power over the next 20 years, and is revise and extend the remarks I made today on flood control building a $16,000,000 plant out near Vancouver, Wash., across in the Committee of the Whole and to include therein cer­ the river from Portland. The California-Nevada Steel Co. in tain excerpts. the last 2 weeks has made a contract for $5,000,000 worth of The SPEAKER. Without objection, it is so ordered. power. We cannot possibly supply the power that is now There was no objection. being asked for unless we proceed as rapidly as possible to Mr. COFFEE of Washington. Mr. Speaker, I ask unani­ carry through to completion all these units. It is a most mous consent to extend my own remarks in the RECORD and short-sighted policy to delay finishing all 10 of these great to include therein an article by Benjamin Marsh. generating units. This project will pay back from the 2 units The SPEAKER. Without objection, it is so ordered. out of the 10 units now in operation within the next year There was no objection. $2,200,000. Again I say, what a short-sighted policy it is to Mr. CULKIN. Mr. Speaker, I ask unanimous consent to refuse now to permit construction of all the generating units include in the remarks I made today an article by Major and necessary transmission lines in order that the Govern­ Elliot. ment may recoup its investment there. [Applause.] The SPEAKER. Without objection, it is so ordered. [Here the gavel fell.] There was no objection. The Clerk concluded the reading of the bill. Mr. ALEXANDER. Mr. Speaker, I ask unanimous consent · Mr. SNYDER. Mr. Chairman, I move that the Committee to revise and extend my remarks regarding theN. Y. A. and do now rise and report the bill back to the House, with sundry to insert therein an editorial from the University of Minne­ amendments, with the recommendation that the amendments sota Daily. be agreed to and the bill; as amended, do pass. The SPEAKER. Without objection, it is so ordered. The motion was agreed to. There was no objection. Accordingly the Committee rose; and the Speaker having Mr. SNYDER. Mr. Speaker, I ask unanimous consent that resumed the chair, Mr. BoEHNE, Chairman of the Committee all Members may have 5 legislative days in which to extend of the Whole House on the state of the Union, reported that their own remarks on the bill just passed. that Committee, having had under consideration the bill (H. R. 8668) making appropriations for the fiscal year ended The SPEAKER. Is there objection to the request of the June 30, 1941, for civil functions administered by the War gentleman from Pennsylvania? Department, and for other purposes, directed him to report There was no objection. the same back to the House, with sundry amendments, with WATER-POLLUTION CONTROL the recommendation that the amendments be agreed to and Mr. COLMER. Mr. Speaker, I call up House Resolution the bill as amended do pass. 249. · Mr. SNYDER. Mr. Speaker, I move the previous question The Clerk read as follows: on the bill and all amendments to final passage. House Resolution 249 The previous question was ordered. . Resolved, That immediately upon the adoption of this resolution The SPEAKER. Is a separate vote demanded on any it shall be in order to move that the House resolve itself into the amendment? Committee of the Whole House on the state of the Union for the Mr. MARCANTONIO. Mr. Speaker, I ask for a separate consideration of S. 685, an act to create a Division of Water Pollu­ tion Control in the United States Public Health Service, and for vote on the Van 'zandt amendment. other purposes. That after general debate, which shall be con­ The SPEAKER. Is a separate vote demanded on either of fined to the bill and shall continue not to exceed 2 hours, to be the other amendments? [After a pause.] If not, the Chair equally divided and controlled by the chairman and the ranking minority member of the Committee on Rivers and Harbors, the will put them en gros. bill shall be read for amendments under the 5-minute rule. At The amendments were agreed to. the conclusion of the reaciing of the bill for amendment the The SPEAKER. Without objection, the Clerk will report Committee shall rise and report the same to the House with such the Van Zandt amendment. amendment s as may have been adopted, and the previous question shall be considered as ordered on the bill and amendments thereto There was no objection. to final passage without intervening motion except one motion to The Clerk read as follows: recommit. Amendment offered by Mr. VANZANDT: Page 15, after line 24, add Mr. COLMER. Mr. Speaker, I yield 30 minutes to the a new section, as follows: "SEc. 3. No part of any appropriation contained in this act or gentleman from Massachusetts [Mr. WIGGLESWORTH], and I authorized hereby to be expended shall be used to pay the-compen- yield myself 10 minutes. · 1940 CONGRESSIONAL RECORD-HOUSE 2179 The SPEAKER. The gentleman from Mississippi is recog­ Mr. COLMER. I yield to the gentleman from California. nized for 10 minutes. Mr. CARTER. I listened to all the testimony given before· Mr. COLMER. Mr. Speaker, this is the rule on the so-called the Rivers and-Harbors Committee in reference to pollution. : stream-pollution bill. This bill passed the Senate and was This testimony was given last year. I want to assure my , amended by the Rivers and Harbors Committee of the House friend from Michigan that very rapid strides are being made before reporting it here. at the present time in connection with the solving of the pol.., The rule provides for 2 hours of general debate and for the lution problem. That was the testimony of gentlemen from reading of the bill unde:J: the 5-minute rule. In other words, various States when they appeared before this committee, and it is an open rule and the Members may have what 6ppor­ they came from a very wide area. This problem is being tunity they desire to offer additional amendments to the bill. solved, in my humble opinion, and can be solved without the Mr. Speaker, the qu~stion of stream pollution is a very necessity of any legislation but by merely leaving it entirely momentous one in this country at this time. The problem of in the hands of the States. the prevention of stream pollution is an ever-increasing one Mr. COLMER. I am grateful to the gentleman from Cali- with the constant increase in the population of the country fornia, who has given much thought to this subject. and the consequent increase in the pollution of our streams. Mr. DONDERO. Will the gentleman yield? There are two schools of thought as to how this problem Mr. COLMER. I yield to the gentleman from Michigan. should be met. There is that school of thought which be­ Mr. DONDERO. The testimony before our committee lieves that the proper solution to this problem is to start out showed that the public was the great offender in the pollu­ immediately with a drastic Federal program to force, through tion of our waters. The testimony further showed that 60 the strong arm of the Federal Government, an immediate percent of our sewage problem thus far has been corrected. solution of the problem regardless of the consequences that In other words, we are making great progress. might ensue. The other school of thought, that which pre­ Mr. DINGELL. Will the gentleman yield? vailed in the reporting of· this bill to the House, believes that Mr. COLMER. I yield to the gentleman from Michigan. this being a problem of such gigantic magnitude and such Mr. DINGELL. Much of this correction has been due to far-reaching effect should be approached in a careful, studi­ the Public Works Administration advancing money to ous, cooperative, and helpful manner rather than reaching municipalities for the purpose of creating sewage-disposal the strong arm of the Federal Government out and forcing plants throughout the entire United States; but industry has the solution in that manner. been very, very slow, and frequently unwilling to cooperate. This bill, as I say, is fostered by the latter school of thought. I have flown over the terrain of Pennsylvania and other I am sure that those of us who are interested-and we are all States. The streams and rivers are veritable canals and interested-in this great problem can appreciate that if the depositories .for mine and industrial sewage and deadly refuse strong arm of the Federal Government were sought in the that has been dumped there for a half century or more. In immediate solution of the problem many evils might result. spite of the pleadings of sportsmen, game conservationists, For instance, in practically every congressional district of this and others, no effort has been made by the culprits to correct great country we have large industries that have grown up, the situation. It is time that something drastic be done to and great metropolitan centers, with an ever-increasing use force correction of the situation. of the streams for the disposal of sewage and refuse from Mr. COLMER. I may say to the gentleman, who evidently these industries. Now, to swoop down with one fell play by belongs to that school of thought which believes that the a drastic law and say to these industries· and these great met­ proper method of approach is by drastic action, and of ropolitan centers this thing must subside within a compara­ course I hope he will have opportunity to express himself tively short time or drastic penalties will ensue would likely more fully in general debate, that this bill sets up a board­ bring about havoc to our economic and social life. a Division of Water Pollution Control-under the Public Mr. DINGELL. Will the gentleman yield? Health Department. Mr. COLMER. I yield to the gentleman from Michigan. Mr. DINGELL. I would like to know how long industries The bill proposes to establish a Division of Water Pollution need to adjust themselves. I understand the bill to be con­ Control in the United States Public Health Service, which sidered provides for a substantial amount of latitude in order will, in cooperation with the Chief of Engineers of the War for industsy to adjust itself. Can the gentleman tell me, Department and other Federal agencies and the States, make after 100 years of industrial expansion, how much longer surveys and prepare plans for improving the sanitary condi­ tions of the navigable waters of the United States and industry is going to take to adjust itself and will industry streams tributary thereto by eliminating or reducing dis­ ever adjust itself unless the strong arm of the Government charge of sewage, industrial waste, and other substances into makes it do so? There are many questions that might be said water. . asked in connection with this matter. Industries have the ;right to use water from these streams, but they have no right This bill, however, does not set up a new bureau but rather to dump pollution and sewage into these streams, thereby utilizes existing facilities of the Department of Public Health, destroying fish, wildlife, and game. Will the gentleman an­ the War Department, the Chief of Army Engineers, and so swer my question as to how long industry ought to have to on. In other words, we are not setting up a new bureau but adjust itself? using the existing facilities for this purpose. In a word, the Mr. COLMER. Mr. Speaker, the gentleman has asked bill provides for the study and development, and the eventual so many questions that it would be difficult to answer all of solution of this pollution problem. them. It does not authorize enormous amounts of money to Mr. DINOELL. Just answer the one. be expended from the Public Treasury but, on the contrary, Mr. COLMER. Not being a seer, of course, I could not provides that the municipalities, the industries, and so on answer the gentleman's question as to how long it will take. may secure loans from the Reconstruction Finance Corpo­ The only way I can answer is to say that those who sponsor ration. Those of us who have given this bill some thought this legislation feel that the better solution of the problem believe that this is the sane and proper approach to a solu­ is in cooperation rather than in drastic force and action. tion of the problem, and I may say as a member of the Rivers How long it will take no one knows. But we do know that and Harbors Committee for some 4 or 5 years I have given it progress is being made. I know that the gentleman from considerable thought; it has the approval of the Department Michigan, who has many great industries in his district and of Public Health, the Surgeon General, and it has the ap­ his State and thousands upon thousands of men employed in proval, I may say, of everybody who lias been consulted those industries, would not want to run the chance of having about this problem, with the possible exception of the officers some drastic action taken that would close down those indus­ of the Biological Survey. tries and throw his people out of work. Mr. CARTER. Will the gentleman yield? Mr. DINGELL. They need not close down. Mr. COLMER. I am happy to yield further to the gentle­ Mr. CARTER. Will the gentleman yield? man from California. LXXXVI--138 2180 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 Mr. CARTER. I understood the gentleman to say that ence, to decide what attitude the conservation groups of this bill has the approval of the Surgeon General. America should take toward this increasingly serious problem Mr. COLMER. Quite so. of pollution. Out of that conference grew what is known in Mr. CARTER. Does not the gentleman know the Surgeon the history of this legislation as·the Lonergan bill, introduced General is made a czar under this bill, and, of course, he is by Senator Lonergan, of Connecticut. That was introduced. going to approve a bill of that kind? in the Seventy-fourth Congress, in January of 1936. At that Mr. COLMER. I did not understand that the Surgeon time I was an official in the Izaak Walton League, which was General had been made a czar under it, I will say to my a primary sponsor of the Dem-Lonergan conference, and I friend, who ordinarily is rather conservative in his state­ have been personally familiar with all antipollution legis­ ments, but I do understand that it is necessary for someone lation since proposed. Long before coming to Congress, I was to be at the head of this Board, and those who in their wis­ active in sponsoring clean-streams legislation. dom have set up this legislation have preferred to use the Since 1936 numerous other bills have been introduced from services of the head of an existing department of the Gov­ time to time dealing with the problem of pollution, and today ernment rather than set up a new agency, which, I am sure, we find ourselves as legislators representing constituents my distinguished friend from the left side of the aisle would divided into three different camps, and we, ourselves, are oppose. I would rather have thought that in the interest of divided into three different camps from the standpoint of the · economy he would have looked with approval on the use of duties which we have as the legislative part of the Govern­ the Surgeon General, who is already being paid by the Gov­ ment considering the problem of pollution. ernment. Mr. ~UTHER A. JOHNSON. Mr. Speaker, will the gentle­ Mr. LEWIS of Colorado. Mr. Speaker, will the gentleman man y1eld? yield? Mr. MUNDT. I yield to the gentleman from Texas. Mr. COLMER. I yield to the gentleman from Colorado. Mr. LUTHER A . .JOHNSON. Who is the author of the Mr. LEWIS of Colorado. The bill we have before us, which bill we are presently considering? As I understand, it is a has the designation S. 685, is the bill as it passed the Senate. Senate bill. Am I correct or not correct in saying that the Committee on Mr. MUNDT. It isS. 685, and it .was introduced by Senator Rivers and Harbors struck out all that bill and substituted an BARKLEY. entirely new one? Mr. DONDERO. Mr. Speaker, wi11 the gentleman yield for Mr. COLMER. I would · not answer that affirmatively. a correction? Some changes have been made, but the general thought has been followed. Mr. MUNDT. I yield. Mr. HOOK. Mr. Speaker, will the gentleman yield? Mr. DONDERO. I believe the gentleman means to be cor­ Mr. COLMER. I yield to the gentleman from Michigan. rect, but the bill we are considering this afternoon is the bill Mr. HOOK. Can the gentleman tell me what this bill will that has been reported by the Committee on Rivers and Har­ accomplish besides appropriating $300,000 for the necessary bors as · a substitute for the Barkley bill, and it strikes out expenses of the division administering the problem and everything after the enacting clause. · $700,000 to be distributed to the States? Mr. LUTHER A. JOHNSON. I understand that, but I Mr. COLMER. I believe if the gentleman from Michigan wanted to know who originated the legislation in the Senate. will examine closely into that he will find that the figures to Mr. MUNDT. There have been some changes made in which he refers for appropriations were in the Senate bill and committee; that is quite correct. But, in substance, it is still are not in the House bill. the same S. 685 introduced in the Senate by Senator BARKLEY. In conclusion, Mr. Speaker, I can appreciate the differences Some of us, I am sure, recognize that pollution -is a national of opinion that might arise over this very complicated and problem, as has every intelligent survey which has been made perplexing problem. After considerable study of this subject, of the problem, which has almost been surveyed to death; I am constrained to believe, however, that this is the proper that is, to the death of clean streams, not to the death of approach to the subject. And in this connection I would like pollution by any means. to call the attention of the House to the fact that this bill In the first place, it is recognized, I believe, by conserva­ represents the views of the very learned and distinguished tionists and State health groups as well, that there must be gentleman from Texas, the able and highly respected chair­ some national assistance and some national stimulus if we man of the Rivers and Harbors Committee of the House of seriously mean to solve the problem of pollution. Among Representatives. It is to be regretted most sincerely that those who recognize this point of view there are two schools Judge MANSFIELD is ill and unable to be here in person to of thought. There is the school of thought represented by pilot this bill, on which he has been working for a long num­ the Barkley bill and by the committee substitute for the ber of years, through the House. I am sure that many of us Barkley bill, that the approach should be primarily one of who are less conversant with this problem than the gentle­ study and gentle encouragement on the part of the Federal man from Texas are the m.ore appreciative of the fine work Government, by appropriating money for surveys, and for · and the extended study that he gave to this legislation before the making of plans, by the encouragement of interstate com­ it received his final approval and the approval of his able pacts, and by the assistance of such Federal financing as is committee. possible either through giants or through reduced interest Moreover, Mr. Speaker, I am sure that I express the opinion rates. of the entire House when I express the hope that Judge The present version of the bill before us provides nothing MANSFIELD's illness will be of a short duration, and that he for grants, because that has been deleted from the original will soon occupy his accustomed place among his colleagues Barkley bill. Generally speaking, it represents the school of who love and appreciate him so dearly. [Applause.] thought that the Federal Government should simply provide [Here the gavel fell.J encouragement and leadership in the solution of a problem Mr. WIGGLES\VORTH. Mr. Speaker, ! yield 15 minutes which for 150 years has manifestly remained unsolved. It to the gentleman from South Dakota [Mr. MuNDT]. does nothing in its present form to outlaw pollution-past, Mr. MUNDT. Mr. Speaker, the problem of what to do present, or future. with the pollution of the public waters of America is not a new The other school of thought, the school of thought to which one. It has been before this body in one form or another I personally belong and the school of thought reflected and for at least 5 years. The fact that we are again confronted represented by conservation organizations of America-in with legislation to remedy the pollution of the navigable fact, every major conservation organization of America is a waters of America is in itself good testimony to the fact that member of this school of thought-feels that the Federal individual initiative and private industry alone will not solve Government should do more than simply encourage the cor­ the problem. Needed is some kind of stimulus from the rection of pollution, should do more than rr...ake possible the Federal Government. formation of interstate compacts, and should do more than About 5 years ago-in December of 1934, to be exact-a to offer reduced interest rates to groups to correct their conference was held, known as the Dern-Lonergan confer.. nefarious practices! 1940 CONGRESSIONAL RECORD--HOUSE 2181 Among these conservation organizations which believe that industries from States correcting their pollution problems this Congress should take a definite forward step resulting into States that do not correct them. We feel that the pro­ in something constructive in the way of eliminating and coq.­ tection of honest, pollution-correcting industries is more im­ trolling pollution are the Izaak Walton League o~ America, perative, if YOl,l please, than the protection of pollution-offend­ the American Wildlife Federation, the American Wildlife In­ ing industries. The present system penalizes the clean in­ stitute, the American Forestry Association, the American dustries and rewards the unclean. Audubon Society, the American Association for the Advance­ Mr. TABER. Mr. Speaker, will the gentleman yield for ment of Science; and I could name others of like significance a question? and like importance. Mr. MUNDT. I yield. Obviously, Mr. Speaker, these organizations which have Mr. TABER. Has the gentleman a copy of any amendment devoted a major portion of two decades to studying the prob­ that he would propose to offer to what the committee is lem of pollution control have some pretty good reasons to recommending? substantiate their point of view that simply permitting volun­ Mr. MUNDT. Yes. tary eradication of pollution will never cure the problem. Mr. TABER. So that we may know what the issue may Now, between these two schools of thought, or associated be, will he please discuss it? with them, is another one, which openly supports the position Mr. MUNDT. I thank the gentleman. I just want to say that they believe the Federal Government should do nothing this before mentioning the amendment, that I know some about the problem. They do not offer a solution, although · of you have received letters and telegrams, perhaps, from they cann.ot deny that the inevitable law of gravity compels conservation organizations urging you to vote for or against streams to cross State lines, and consequently stream pollu­ the so-called Barkley bill or to vote for or against the so­ tion becomes an interstate problem; but, winking both eyes called Mundt bill, and some of you have received wires stat­ against that fact, they blandly say, "We believe it is a func­ ing that I was going to offer my bill, H. R. 7971, which has the tion for the States without any assistance, without any regu­ support of these conservation organizations that I have men­ lation, without any laws emanating from the Federal Gov­ tioned, as a substitute in toto for the so-called Barkley bill. ernment." For two valid reasons, however, I am not going to offer the I am not just sure about the position of the speaker pre­ substitute, the conservationists' bill, for the Barkley bill at ceding me; I do not believe he belongs to that school, but I this time. The first reason is this-and I think you will agree did hear some statements made by someone engaging him in with me-that by and large it is not good legislative practice a colloquy leading me to believe that perhaps the gentleman to bring in by amendment a bill 12 pages long dealing with from California belongs to that school. a complicated national problem and ask Members to make . Let me show you how futile that school of thought actually a snap judgment for or against that piece of legislation in is. Last week I had the opportunity of going into the Old preference to one the committee has had an opportunity to Dominion State of Virginia to help commemorate Washing­ study. I do not believe that to be a good legislative practice, ton's .Birthday at the place where Washington had his home, and I would hate to be in a position where I would have to and, waiting for my turn to go on the program, I picked up a offer that type of amendment. I am not going to do so. copy of a Virginia newspaper, the Daily Advance, published The second reason why that amendment is not going to in Lynchburg, Va., and here it is for Thursday evening, be offered is this. I have no desire to attempt to put Members February 22, 1940, discussing our problem of pollution. The on the spot, either with their constituents or their consciences headline says: "Lichford urges no action on stream pollution in endeavoring to make a decision, even if it were good legis­ now"; and then the article tells us that Mayor Lewis E. lative practice, with the time given for this discussion be­ Lichford left for Richmond, the capital of Virginia, to appear tween those two proposals. Consequently our original thought before the Virginia Legislature to urge that no antipollution was that perhaps the best thing to do would be to urge those legislation be passed by the State of Virginia in this session. friends of the conservationists' bill, H. R. 7971, to recommit There is no reason, is there, for a State like Virginia to the Barkley bill to the committee for further consideration, pass antipollution legislation unless the other States housing because there have been no public hearings on H. R. 7971, competitive industries pass similar legislation? And, quite which bears the endorsement of the organizations I have frankly in his home-town paper, the mayor of Lynchburg previously mentioned and many more. However, conserva­ says that the commission that he represents "does not want tionists and sportsmen do not like to take a destructive posi­ to work a hardship on the industries in Virginia or on the tion. We do not like to be in the position, even by indirection, Cities either. The commission has been interested in getting of being opposed to something that aspires to make progress new industries in Virginia and hopes to induce more to come, against pollution. Therefore I have offered an amendment to so we can't be too hasty about the matter"; that is, the matter put in some pollution-control language, and I have placed it in of eliminating pollution. the CONGRESSIONAL RECORD, where YOU Will find it on the next Mr. MASSINGALE. Mr. Speaker, will the gentleman to· the last page of the RECORD of the issue of yesterday. yield? I have submitted that amendment to the committee in · Mr. MUNDT. I am very pleased to yield to my friend and charge of the bill, the Rivers and Harbors Committee. On the my cosponsor of the cost-of-production farm program. assumption that there are enough opponents of any kind of Mr. MASSINGALE. I would like to ·be informed by the pollution legislation to warrant the view that we should unite gentleman just what the essential difference is between the in some effort to solve this problem and try to fight from the so-called Izaak Walton League bill and this Senate bill 685, same corner and play on the same team, I am authorized to if that is the bill we are discussing now. tell the committee that I have conferred with the conserva­ Mr. MUNDT. The essential difference, I can say to the tion groups, and they are willing to compromise on this basis. gentleman from Oklahoma, is the difference between the two With existing pollution, we perhaps cannot move too schools of thought which I have pictured thus far: the one hastily, and perhaps with existing pollution we cannot clamp which feels that it should be left primarily to the States to down next year or the year after and say it must imme­ solve the problem with some Federal encouragement in the diately cease. Perhaps for a period of a few years we can form of an appropriation to provide opportunities to study and make some progress by surveying the national problem, by investigate the problem and work out remedial measures and encouraging interstate compacts, by granting low-interest in­ to encourage State compacts; and the other, the Izaak Walton ducements for voluntary remedial measures, and by warning League position, is that the Federal Government should go persistent offenders, as we are today, that continued defiance further and should do something to provide for national of the public interests will result in more regulations to come. uniformity in antipollution legislation, so that States adver­ But, certainly, if we are going to pursue that course, we tising to the world that they want to bring industries within must at least stop any new forms of pollution and any new their bounds because there is no antipollution legislation there, sources of contamination from aggravating the present prob­ will be prohibited from such an iniquitous attempt to bring lem while we are tryin3 to solve it. This, in short, is the 2182 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 purpose of the Mundt amendment. With this addition to substitute because in both forms it does nothing to control S. 685 we are ready to accept that legislation since it will then present pollution nor to prevent future pollution. My bill, become a step in the right direction and will, for the first time H. R. 7971, sought to control and prevent both present and in American history, definitely outlaw new sources of pollu­ future pollution. The amendment I have offered compro­ tion. mises with the committee in charge of the Barkley bill and We have talked about pollution and criticized it for genera­ imposes the control features of H. R. 7971 only on new sources tions. The Mundt amendment does something about it. It of pollution. While that is not all we wanted, it is a great stops the problem from growing worse while we continue to step in advance, and I am sure the gentleman's constituents study ways and means of correcting evil practices which are who have written him will rejoice in the portion of victory already well on the way to ruining the public waters of this which we have won for clean streams. With this amendment country. Many of us favor applying definite control provi­ added, I am sure the gentleman and .I agree, and that with us sions to existing pollution as well as to future pollution, but all other conservationists will also agree that S. 685 will then we know legislation is a process of compromise and orderly be much better than no legislation at all and that it will merit development. For that reason we have offered my amend­ a favorable vote by the big majority of this House. [AP­ ment as a happy compromise in order that this Congress may plause.] write into law for the first time in American history some [Here the gavel fell.] legislation properly prepared to curb the growth of pollution Mr. COLMER. Mr. Speaker, I Yield such time as he may and providing some encouragement and stimulus to correc­ desire to the distinguished chairman of the Rules Committee, tion of the existing problem. Mr. SABATH. Mr. HARRINGTON. Mr. Speaker, will the gentleman Mr. SABATH. Mr. Speaker, I am indeed grateful that yield? the gentlemen on the other side recognize the need for this Mr. MUNDT. Yes. legislation. You are familiar with the fact that a measure Mr. HARRINGTON. The statement the gentleman is or bill to this effect was passed and vetoed by the President, making is most interesting. Do I understand that the Izaak but in this Congress he has made recommendations for this Walton League and the Audubon Society and other associa­ legislation that would eliminate the objections that were tions have agreed to urge the amendment which the gentle­ found in the bill that we passed. man has proposed and which he has offered to the com­ As I am informed, and on examination of the bill, I am mittee amendment? satisfied that those objectionable features have been elimi­ Mr. MUNDT. That is right. This is agreed on, that if nated, and that this bill meets with general approval. I the committee will accept this amendment so that we can know that up until some time ago certain organizations were join hands in fighting for some pollution legislation, the opposed to this legislation, but even many of those organi­ league and other organizations working with it in this fight zations now familiar with the amendments, as I understand, for clean-streams legislation will withdraw their opposition are in favor of its passage. to s. 685 in its then amended form. All the conservationists I have been for many years, as have the various city ad­ ask is that no legislation be passed until and·unless such leg­ ministrations of Chicago for the past 40 years, interested islation actually contains some pollution-controlling features. in this question. It has cost the city of Chicago over The SPEAKER. The time of the gentleman from South $180,000,000 to build plants to make possible the elimination Dakota has expired. of the objectionable matters that have been permitted to Mr. WIGGLESWORTH. Mr. Speaker, I yield the gen­ infiltrate into our lake. I feel there are many cities which tleman 2 minutes more. would like to do likewise, but which are not financially in a Mr. MUNDT. We have agreed that if the committee will position to do so. accept this amendment, we will withdraw our opposition to Mr. Speaker, the bill creates a Division of Water Pollution S. 685 and go along and make the best progress we can. I Control in the United States Public Health SerVice in charge am happy to say that we have effected a compromise be­ of a commissioned engineer of that Service which, in co­ tween both points of view, whereby we can make progress, operation with the Chief of Engineers of the War Depart­ not as fast as I would like to or as many conservation groups ment, other Federal agencies, and the agencies of the several would like, but make it much faster than we would by no States, shall study and investigate the pollution of our water­ legislation at all. ways and streams with a view of submitting comprehensive Mr. HARRINGTON. In other words, it is a step in the plans for eliminating or reducing the pollution and improv­ right direction. ing the sanitary condition of such waterways and streams. Mr. MUNDT. That is right. We asked for a loaf and Repeating, the President vetoed a bill previously passed but were offered a stone, but now we are compromising with a has since pointed out the need for such legislation as set slice of bread. forth in his message to Congress on February 15, 1939, in Mr. PATRICK. Mr. Speaker, will the gentleman yield? which he states in part: Mr. MUNDT. Yes . . I hope that at this session the whole problem of water pollution · Mr. PATRICK. I am in this position, and I am sure other may again receive your attention. Members are in the same class. People apparently all over To facilitate study of the problem by the Congress I am trans­ the country have been corresponding about this, sending com­ mitting a report on water pollution in the United States, which outlines the status of pollution, the cost of bringing about a munications and resolutions, and the people seem to be under reasonable degree of abatement, and the financial, technical, and the impression that the gentleman is coming forward today administrative aspects of such a program. The document was with his amendment. The gentleman now states that he is prepared at my request by a special advisory committee of the not. What position will that leave us in, if the gentleman National Resources Committee composed of representative experts from the Departments of War, Treasury, the Interior, Agriculture, is withholding his bill? I find myself with the gentleman, and Commerce, and from private and State agencies. since we are divided into certain schools of thought. It is my opinion that pending further experimentation with Now, I am asking the gentleman where that will leave interstate and State enforcement activities Federal participation those of us who intended to go along with the amendment, in pollution abatement should take the general form of establish­ ing a central technical agency to promote and coordinate educa­ or at least seriously considered doing so. Does that throw tion, research, and enforcement. On the basis of recent experience, us in the position to vote to recommit this bill if we sustain it should be supplemented by a system of Federal grants-in-aid the position we had in mind? and loans organized with due regard for the integrated use and control of water resources and for a balanced Federal -program for Mr. MUNDT. I do not think so. I do not think you public works of all types. The time is overdue for the Federal would have to vote to recommit the bill, because we shall Government to take vigorous leadership along these lines. have adopted the enforcement feature of my bill, which· is FRANKLIN D. RoosEVELT. the heart of the difference between S. 685 and my bill, THE WHrTE HousE, February 15, 1839. insofar as they apply to new sources of polluti1Jn. In accordance with the President's recommendations the The opposition to S. 685 is based on that bill in its original Senate passed S. 685, which the resolution for a rule now form and in the form in which it comes to us as a committee before us makes in order for immediate consideration. Our- 1940 CONGRESSIONAL RECORD-HOUSE 2183 ing my absence from the floor the gentleman from Mis­ committee came in and asked unanimous consent that a sup­ sissippi [Mr. CoLMER] has explained the provisions of the plementary report might be filed on the original bill. That bill and, not wishi:p.g to take up the further time of the House consent was granted. A supplementary report was filed, and wishing to avoid any restatement of his explanations, I which includes the Senate bill, which is an entirely different shall refrain from going into an analysis of the provisions bill than the Rules Committee authorized a rule for. of the bill. However, I feel the general purpose and need Therefore, if you consider the Senate bill in connection for the enactment of the bill is fully explained in section 5 with the report, there will be before the House a piece of thereof, and I am taking the liberty of inserting it at this legislation on which a rule was never granted, about which point: the Rules Committee knew nothing. The point of the whole SEc. 5. Any State, municipality, or other public body which is thing is this: If that can be done, then, by subterfuge, a discharging untreated or inadequately treated sewage or wastes committee may bring a perfectly harmless bill before the into navigable waters of the United States or streams tributary thereto is hereby declared to be eligible to Federal' aid in the form Rules Committee and get a rule, and then by a later sup­ of grants-in-aid and/ or loans for the construction of necessary plemental report absolutely change the bill and still have a treatment works, in accordance with plans approved by the respec­ place on the legislative program. tive State health authority and the Surgeon General. Such loans Mr. SABATH. The gentleman, as a rule, is very careful and grants-in-aid shall be made upon such terms and conditions as the President upon the recommendation of the Secretary of the in his observation and is well informed, but for his infor­ Treasury may prescribe, subject to the following limitations: (1) mation I wish to state that the special rule makes in order Grants-in-aid or loans shall be made only upon the certification of Senate bill 685 as amended. Senate bill 685, which is known the State health authority having jurisdiction and upon approval and recommendation of the Surgeon General; (2) no grant-in-aid as the Barkley bill, has been perfected and amended by the shall be made in respect of any project of an amount in excess of House committee and has eliminated some of the objection­ 33 Y:J percent of the cost of the labor and materials employed upon able features or features that were objected to originally. such project, including the cost of preparation of plans and the So that today the rule makes in order the Senate bill, as carrying of same into execution. amended, and I believe it is in accordance with the rules of Dr. Thomas Parran, Surgeon General, United States Public the House, and there is no effort made to mislead the House, Health Service, appeared before the Committee on Rivers and and I do not think the committee has been misled. Harbors of the House on March 17, .1937. As our country's Mr. MICHENER. The point I am making is that when the foremost expert in public health and sanitation problems, I Rules Committee reports a bill it is presumed to have some feel that an excerpt from his statement before the commit­ knowledge of the bill and what is in it. They are not report­ tee as to the existing pollution conditions should be brought ing a number. If this is permitted, you may introduce a bill to the attention of the House and to the country. I quote: by number and it may be entirely harmless, and then by a At the outset I will state very emphatically that the increasing supplementary report you may bring in another bill, which is pollution in our streams constitutes a very serious public-health entirely different, and still get a place on the calendar, which problem. That is evidenced by the increasing growth of industry you could not po·ssibly have gotten from the Rules Committee and the urbanization, adding a larger all.lount of sewage to our streams. if the Rules Committee had been told the truth. Mr. SABA TH. I regret that the gentleman from Michigan Mr. Speaker, many municipalities and even States, saying is mistaken. Here is the bill and here is the special rule. The ·nothing of private industries, have recklessly caused and al­ bill is known as Senate bill 685. A rule was granted on S. 685 lowed pollution of our rivers and lakes, endangering the and was not granted on any other. I desire to say the rule health of whole communities. Chicago, as I have stated, has was granted in the last session, but due to conditions that expended $180,000,000 for the construction of sewage-disposal eXisted in the last few days of the last session it was not plants and the building of a sanitary canal. Like Chicago, called up, and this is the first time we have had an oppor­ other cities have gone 'to great expense to provide for sewage tunity to bring this legislation · before the House. I do not disposal, yet are confronted by a terrible and alarming health think there was any misstatement on the part of the com­ condition by having adjacent municipalities and many private mittee. It is legislation in the right direction, and I hope industries continue to discharge their sewage into the same that the rule will be passed. lakes or tributary streams on which the municipalities are Mr. KELLER. Mr. Speaker, will the gentleman yield? situated. Mr. SABATH. I have used more time than I intended to Some municipalities and private industries seem to be indif­ already. ferent to health conditions and are continuing to use our Mr. KELLER. Will the gentleman yield? rivers and lakes in disposing of garbage and refuse, and until Mr. SABATH. Yes; I yield briefly. recently, when stopped by the enactment of city health ordi­ Mr. KELLER. This resolution refers to S. 685. Then you nances, there were firms within the city limits of Chicago come in here with a bill that is not S. 685, and I have to look who dumped their refuse and offal in the branches and forks around in the report and finally I find that in the supple­ of the Chicago River to the ill health of residents of the mental report the bill partly follows the Senate bill and community and the blighting of property for residential pur­ partly follows something else entirely. poses. We have gone forward in Chicago and met the sewage Mr. SABATH. It was amended. problem. This bill plans to place Nation-wide safeguards Mr. KELLER. A person cannot get head or tail out of this against pollution conditions and in order to obtain uniform to save his life. There are two entirely different matters regulation the Division of Water Pollution Control is author­ presented, to my judgment. ized to give due consideration and study in conjunction with Mr. SABA TH. The bill has been amended by the House municipalities and States, and even industries, to bring about committee. a practical solution of the existing conditions. I feel that Mr. MOTT. Mr. Speaker, will the gentleman yield? this legislation is greatly needed and demanded from every Mr: s.ABA TH. I yield. section of our country. Mr. MOTT. The gentleman stated that the Izaak Walton I hope that the resolution will be adopted and the bilr League, and other similar organizations, had recently with­ passed without a great deal of delay. drawn their opposition to S. 685. Mr. MICHENER. Mr. Speaker, will the gentleman yield? Mr. SABATH. I did not say anything about the Izaak Mr. SABATH. Yes; I yield. Walton League. I spoke about other organizations, such as Mr. MICHENER. The Mundt bill, H. R. 7971, was intro­ the American Water Works Association, from which I received duced some time back. a letter only today. Mr. SABATH. Oh, there have been a great many bills Mr. MOTT. May I inquire whether any of the organiza­ introduced on the subject. tions mentioned by the gentleman from South Dakota in his Mr. MICHENER. What I am getting at is this: A bill was remarks have withdrawn their opposition to S. 685? introduced in the House. The committee introducing the bill Mr. SABATH. I regret that I was not on the floor when asked for a rule reporting that bill. The Rules Committee the gentleman from South Dakota made his remarks. I do granted a rule re~orting ~specific bill. Later the legislative not know to what associations he referred. 2184 CONGRESSIONAL RECORD-HOUSE rEBRUARY 29 Mr. MOTT. He mentioned the Isaak Walton League. I Mr. MICHENER. The Speaker was not in the Chair when want to know if this league has changed their position. I raised my original point. The point was this, that a legis­ Mr. SABATH. I do not know. lative committee asked for a rule to consider a specific piece Mr. Speaker, I yield back the balance of my time. of legislation dealing with a specific matter in a particular The SPEAKER pro tempore. The gentleman yields back way. I was not then a member of the committee. After 5 minutes. consideration ·the Rules Committee felt it wise to recom­ Mr. FADDIS. Mr. Speaker, will the gentleman yield for mend a rule providing for the consideration of this particular a parliamentary inquiry? thing in this particular way. Shortly after that the legisla­ Mr. COLMER. I yield. tive committee secured unanimous consent to file a supple­ Mr. FADDIS. Mr. Speaker, I would like to know just what mental report on this original bill, and in their report the the situation is regarding this legislation, and I feel that legislative committee adopted another bill dealing with the there are a great many other Members who would like to same matter bqt in an entirely different way and in a way know what we are to consider, whether it is S. 685 or the that possibly-and probably-would not have been author­ bill contained in the supplemental report of the committee. ized when the rule was asked for. A great many Members are interested in this piece of legis­ A confidential copy is floating around here of the bill lation. We would like to look it over to see whether we agree which the committee intends to bring up. My inquiry js with it or disagree with it, but we would like to be informed whether that can be done under the rules of the House. If by somebody-if anybody knows-just which bill is to be that can be done, it is a simple matter for any committee to considered. ask for a rule on a perfectly harmless bill which every one The SPEAKER pro tempore. The pending resolution calls might be for, and then, after they get the rule, bring in for the consideration of the billS. 685. When the House goes another bill in fact, under the same number. This rule was into the Committee of the Whole, amendments, of course, granted on July 10 last year. Then in January, 7 months may be offered to that bill. later, they introduce a new bill in a supplemental report and Mr. MICHENER. A further parliamentary inqUiry, Mr. are attempting to bring this new bill dealing with the same Speaker. subject matter in an entirely different manner before the The SPEAKER pro tempore. The gentleman will state it. House under the old rule. Can that be done? Mr. MICHENER. My further parliamentary inqUiry is this, The SPEAKER. Is the gentleman submitting a parlia- the thing I am concerned about is the integrity of the rules of mentary inquiry? the House. The function of the Committee on Rules is to Mr. MICHENER. Yes. My inquiry is, Can that be done? understand the type of legislation and the kind of legislation The SPEAKER. Can what be done? that the legislative committee intends to bring up for Mr. MICHENER. I just made an inquiry outlining what I consideration. felt was the situation here. Mr. SABATH. A point of order, Mr. Speaker. The SPEAKER. In other words, does the gentleman sub­ The SPEAKER pro tempore. The gentleman will state it. mit the inquiry whether or not the Rules Committee can Mr. SABATH. Mr. Speaker, I make the point of order that submit the resolution now pending? the gentleman from Michigan is not in order. The gentle­ Mr. MICHENER. No~ The rule is on a bill which was man from Mississippi has the floor and did not yield to him. before the Rules Committee on the lOth of July last year. Mr. COLMER. Mr. Speaker, I do not yield to the gentle­ Will it be in order for the House to take up a different bill man from Michigan for a further parliamentary inquiry. included in the supplemental report, and a supplemental re­ Mr. FADDIS. Mr. Speaker, will the gentleman from Mis­ port changing the original bill entirely? sissippi yield to me to pursue my parliamentary inquiry to The SPEAKER. The Chair thinks it understands the get it straightened out? parliamentary inquiry. · Mr. COLMER. Mr. Speaker, I yield further to the gentle­ man from Pennsylvania. Mr. MICHENER. The Rules Committee never saw this Mr. FADDIS. Mr. Speaker, I may be somewhat dense, but bill. what I am trying to find out is, What is the bill under con­ The SPEAKER. The gentleman from Michigan [Mr. sideration? Some of us wish to study this bill and find out MICHENER], who raises this question by parliamentary inquiry, what it is. We wish to know what the bill is before we vote of course, is familiar with the general principle that all pro­ on the rule. posed action touching the rules, joint rules, and orders of The SPEAKER pro tempore. Answering the inqUiry of the business shall be referred to the Committee on Rules. Under gentleman from Pennsylvania, the Chair will state that the a broad, uniform construction of that jurisdiction, the Rules resolution now pending before the House is a resolution from Committee, as the Chair understands it, has practically ple­ the Committee on Rules, providing, if adopted, for the con­ nary power, unreserved and unrestricted power, to submit for sideration of Senate bill 685. the consideration of the House any order of business it sees Mr. FADDIS. I understand that, Mr. Speaker, and I be­ fit to submit, subject, of course, to the approval of the House. lieve the. entire membership present understands what the The Chair, of course, knows nothing about what was in resolution before us is. What we would like to determine, the minds of the committee in reference to this legislation. if it is permissible to have it determined at this time, is just The Chair can only look at the face of the record as it is what bill are we going to have to take action on if the rule presented from a parliamentary standpoint. As the Chair is granted? We want to know this in advance. Perhaps construes the resolution now pending, it is very broad in its some of us might feel it advisable to vote down the rule to terms. It provides for the consideration of a Senate bill start with. I think we ought to be informed. pending on the Union Calendar and the Chair assumes that The SPEAKER. The Chair may be able to clarify tbe situ­ the Committee on Rules was requested to give a rule for the ation in response to the inquiry of the gentleman from Penn­ consideration of that bill, which was the original basis for sylvania. The resolution now pending provides for the con­ any legislation that may be passed touching this subject of sideration of Senate bill 685. Under the provisions of the stream pollution. rule, if adopted, the Senate bill would be the matter before the In conformance with the general power and jurisdiction of House, but under the liberal terms of the rule the Senate bill the Rules Committee, it did report a resolution providing that will be subject to amendment or to amendment by way of in the consideration of the Senate bill any germane amend­ substitute from the committee in charge of the bill. ments may be offered; and, of course, it is not the province Mr. MICHENER. Mr. Speaker, a further parliamentary of the Chair, presiding over the House, to determine the inquiry. relevancy or germaneness of any amendment that may be The SPEAKER. Does the gentleman from Mississippi yield submitted in the Committee of the Whole, whether by way for the purpose of a parliamentary inquiry? of a substitute or by way of amendment. Mr. COLMER. I yield to the gentleman from Michigan, The Chair is clearly of the opinion that the Rules Com­ Mr. Speaker. mittee had a ~rfect right under the general authority con- 1940 CONGRESSIONAL RECORD-HOUSE 2185 !erred upon it to report this resolution providing for this Mr. COCHRAN. This report states it is as of May 10, method of consideration of the bill. 1939. Mr. WIGGLESWORTH. Mr. Speaker, I yield 10 minutes Mr. HALLECK. I am talking about the supplemental re­ to the gentleman from Indiana [Mr. HALLECKJ.. port made by the committee. That supplemental rep~rt Mr. HAlLECK. Mr. Speaker, we have had quite a discus­ sets out the bill as it will be urged here by the committee, and sion with reference to the parliamentary situation that exists, that necessarily includes the amendments. Obviously, the and I think the Speaker has explained it very well. Any­ amendment that is to be offered by the gentleman from thing I may say in addition certainly could not add very South Dakota [Mr. MuNDT] has not been printed, but I do much. I have seen many times in my experience here on not know of any rule of the House that requires a Member the floor, brief as it has been, occasions when legislative com­ who wants to offer an amendment to have it printed any­ mittees, after their bill has been given a ru1e by the Rules where before he offers it. Committee, later agree on amendments that are to be offered Mr. JENKINS of Ohio. Mr. Speaker, will the gentleman on the floor, and, as I understand it, that is all that is con­ yield? templated in the present situation. Certain amendments Mr. HALLECK. I yield to the gentleman from Ohio. that have been agreed to by the committee are to be offered. Mr. JENKINS of Ohio. Under the rules of the House, the Briefly, those amendments are three. The first one is to Mundt amendment would be controlled by the rule of ger­ take out of the bill as originally reported on May 10 of last maneness. Any Member can introduce an amendment, and year a provision for grants-in-aid to the States. The second the House will take care of itself on the subject of germane- change is to take out of the bill as reported the provision ness. . which would have paid $700,000 each year to the different Mr. HALLECK. Of course, if the amendment were not States to carry out the antipollution measures. The third germane, under the rule it would not withstand a point of one is to change the lending provisions from the Secretary order made against it; but if it is germane, there is no reason of the Treasury to the Reconstruction Finance Corporation. why it should not be offered at any time by any Member Since that time, and as a result of some communications who wants to offer it. back and forth and some effort to try to write a good bill, an Mr. MUNDT. Mr. Speaker, will the gentleman yield? amendment has been prepared and will be offered by the Mr. HAlLECK. I yield to the gentleman from South gentleman from South Dakota [Mr. MuNDT], and this amend­ Dakota. ment will not be opposed by the committee. Obviously, under Mr. MUNDT. May I say that if anyone wants to read the the rule, he has a perfect right to offer this amendment. He amendment, it is printed on page 3273 of the RECORD. may offer a great many more, but, as I understand the situa­ · Mr. HALLECK. If the gentleman will permit, however, he tion, he will not do so. has made some slight change in it? Mr. CARTER. Will the gentleman yield? Mr. MUNDT. Some slight modifications in conformity Mr. HALLECK. I yield to the gentleman from California. with the committee's request. · Mr. CARTER. There has been no agreement so far as I Mr. HALLECK. But in essence it has been printed in the know that there will be no opposition from the committee RECORD. to the Mundt amendment. I am a member of the committee, Mr. MUNDT. The gentleman is correct. and I am opposed to the Mundt amendment. Mr. SABATH. Mr. Speaker, will the gentleman yield? Mr. HALLECK. Perhaps I said too much when I under- Mr. HALLECK. I yield to my genial chairman. took to state what might be done by the committee. Mr. SABA TH. Is it not a fact that the Committee on Mr. PARSONS. Will the -gentleman yield? Rules has been criticized at times for bringing in gag rules Mr. HALLECK. I yield to the gentleman from Illinois. and not permitting amendments; but now, whf7J they bring Mr. PARSONS. It is my understanding that the gentle- in a broad rule giving every Member a chance to -offer amend­ man is against any kind of an antipollution bill, and naturally ments, I find some gentlemen opposed to thii; broad rule he would oppose the Mundt amendment. giving each anct every Member the right to offer amendments Mr. HALLECK. I think I am correct in saying that the and giving the House the right to vote on them? majority of the committee who have been diligently for Mr. HALLECK. This is undoubtedly an open rule. It is S. 685 as reported by the committee and as it is presented the sort of rule that all of us who believe legislation should here today are not inclined to oppose the amendment that be written on the floor stand for in connection with matters will be offered by the gentleman from South Dakota. like this. Mr. COCHRAN. Will the gentleman yield? Mr. KELLER. Mr. Speaker, will the gentleman yield? Mr. HALLECK. I yield to the gentleman from Missouri. Mr. HALLECK. I yield to the gentleman from Illinois. Mr. COCHRAN. Does not the gentleman feel that in Mr. KELLER. It seems that everybody who is given time view of the fact this bill was reported nearly a year ago and to speak here is for the bill, but all of us who have objection only recently the amendments have been agreed to by the to it have absolutely no time to point out the difficulties committee or submitted by the committee, in the interest of that are included in this rule. It seems to me that is unfair orderly procedure. the House today should adopt the rule and and it is not right. that those in charge of the bill should print in the RECORD Mr. HALLECK. I yielded for a question, as the gentleman tonight the amendments that they are going to offer so that from Illinois knows. under general debate there might be intelligent discussion. Mr. KELLER. ·Is not that true? of the bill as the proposed amendments of the committee Mr. HALLECK. There is time on the gentleman's side and would change it? I am opposed to the bill, but I would like there is time on our side. I do not know who is for or against to know what you are going to offer so I can make an the bill. I know how I feel about it. argument again.st the bill that the committee would like to If you will permit me, I would like now to say what little· have enacted. I have to say about the bill. · In the first place, this bill in Mr. MICHENER. Will the gentleman yield? its broader aspects simply provides for the setting up in the Mr. HALLECK. I yield to the gentleman from Michigan. United States Public Health Service of a division to study the Mr. MICHENER. I think the gentleman misunderstands problem of stream pollution, water pollution, and to under­ the amendment. The Mundt amendment is not the amend• take to devise ways and means of preventing such pollution ment included in the supplemental report. and overcoming and eliminating it. The· bill provides an ap­ Mr. HALLECK. I recognize that. Now, I believe I can propriation annually for that purpose. It provides for coop­ clear this up, at least to the satisfaction of anyone who eration with the States in carrying on that program. wants to approach it with a consideration of the situation As the bill is presently reported from the Committee, there as it now exists. The report was gotten out by the commit­ is no so-called control feature in it. There is nothing in the tee on February 20. I have been sitting here for quite a few bill that could be said to look in the direction of affirmative years, and I notice we have not been given that long a _time and direct action toward either eliminating pollution that now iri connection with a great many measures. exists or preventing pollution that may occur hereafter. The 2186. CONGRESSIONAL .RECORD-HOUSE _FEBRUARY 29 Mundt amendmen·t has to do only with pollution of water­ I think the amendment that is to be offered should be ways that will hereafter occur. adopted. [Applause.] As I understand it, the Mundt amendment states that no Mr. COLMER. Mr. Speaker, I yield 5 minutes. sewage or industrial waste shall be permitted to be discharged Mr. KELLER. Mr. Speaker, I rise to submit a unanimous­ into the navigable waters of the United States or waters trib­ consent request. utary thereto unless and until approved by the division which The SPEAKER. Does the gentleman from Mississippi yield is to be set up in the United States Public Health Service un­ for that purpose? . der the general provisions of this bill. In other words, the Mr. COLMER. I yield to the gentleman. Mundt amendment, for the first time, in my opinion, writes Mr. KELLER. I ask that we be given 30 minutes for something into this bill that looks definitely in the direction those who are opposed to the adoption of the rule to discuss of doing something directly about controlling pollution of our this matter, since the hour has been used by those in favor water courses. of it, and it seems only fair that there should be 30 minutes I believe that anyone who has been around over this coun­ for those opposed to the rule. try and knows anything of the situation in respect to pollu­ The SPEAKER. That is a matter that is within the con­ tion of streams must agree that it is high time some cog­ trol of the gentleman in charge of the resolution, if he yields nizance, active and aggressive, be taken of the_situation and for that purpose. something done to cure it. Pollution occurs by reason of in­ Mr. KELLER. That is the way they have used the time. dustrial waste and by reason of municipal waste. Sewage The SPEAKER. The Chair must observe the rules of the and industrial waste flow into the streams that go across House with reference to the matter brought up by the gen­ State boundaries or streams that form the boundaries of tleman from Illinois [Mr. KELLERL The Chair is not States. It is a matter of concern to all of us and I believe undertaking to decide this at all, but under the general rules it is high time· we paid some attention to it. of procedure the gentleman from Mississippi is in charge Clear, pure water, or at least something approximating of the rule, and if he yields to the gentleman from illinois clear and pure water, in the streams of this country, is highly to make that request, the Chair, of course, will be glad to desirable. Watercourses and the water in them are put to entertain it. ' manifold uses in our civilization. A watercourse tends to Mr. KELLER. Do I not understand it is the ordinary rule set up a community of itself. It is proper that the water be that half of the time be given to each side? used in the many ways that it is used. The water in the The SPEAKER. As an ordinary proposition, that is true, streams, first of all, provides the water supply for many of but there may be exceptions, of course. The Chair thinks our great municipalities. Let me say to you that the hear­ it proper to state to the gentleman from illinois that the ings disclose that one-fourth of the water in the pool in the ordinary procedure, when a resolution is brought in from Ohio River at CinCinnati, 20 miles long, in low-water time has the Rules Committee, is for the majority member of the come out of sewers. Rules Committee to have 30 minutes and to yield 30 minutes [Here the gavel fell.J to some member of the minority. The Chair understands Mr. WIGGLESWORTH. Mr. Speaker, I yield 3 additional that practice is being followed in this instance. minutes to the gentleman from Indiana. Mr. COLMER. Mr. Speaker, I yield 5 minutes to the Mr. HALLECK. Cincinnati dumps its raw sewage into the gentleman from Michigan [Mr. DINGELLl. Ohio River in the very pool from which it takes its water for Mr. DINGELL. Mr. Speaker, I am very much interested its drinking supply. in the bill before the House. As a sportsman and fisherman In many places the pollution loads often became so great and out-of-doors man I have been trying to do everything I that it is almost impossible to purify the water before it may could to bring about a restoration of the purity of the be used. The trouble with too many of these situations is streams, the lakes, and the rivers of this country. that we are putting the money in at the wrong end. It is About 4 years ago I had a long discussion with the Presi­ time we began to spend ·some money for sewage.:.disposal dent, and it was as a result of our understanding that I plants, some money to eliminate industrial waste running introduced a resolution here which was the basis of a into our streams instead of spending so much money to purify Nation-wide investigation on the part of the Army engi­ the water after it has been polluted. neers of the War Department, which was later referred to The water in these streams should be available to the the Committee on Rivers and Harbors. I think that report people of America for recreational facilities. It should con­ constituted the basis of this legislation. tinue to be the habitat of the fish and the shellfish of the I should like to see a stronger, restrictive, and a more country. You talk to some of these people down in Virginia specific bill brought into the House today, but since that along the James River, and in some of those places there are cannot be had at this time, I am, of course, willing to oyster beds, valuable properties which ar~ being destroyed compromise, because I consider this bill to be a step in the by pollution. These people are crying for relief. right direction. Water is used as a medium of transportation, and that is Mr. SOUTH. Mr. Speaker, will the gentleman yield? a very valuable use. And, of course, we must all recognize Mr. DINGELL. I am sorry, but I have just a few min­ that the waterways and our watercourses and streams must utes. necessarily be used in carrying a way and disposing of the Mr. SOUTH. For just a brief question, which I am sure waste and refuse from our great municipalities and industrial tile gentleman will be willing to answer. centers. All of these uses of our waterways should be har­ Mr. DINGELL. For just one brief question, yes. monized so far as possible, to the end that the greatest use Mr. SOUTH. The gentleman knows that my colleague, the in behalf of the people generally should be retained for them. distinguished gentleman from Texas, Mr. MANSFIELD, is in I think that is what we are all seeking to do. the hospital. I would like to ask the gentleman if he knows Now, when we talk about the :Pollution of streams incident whether this bill, including the Mundt amendment, is some­ to their use in disposing of sewage and waste, I understand what in keeping with the recommendations of Mr. l\1A.Ns­ that great and tremendous expense would be involved in FIELD's committee and what he himself is in favor of. trying to do away with pollution overnight, but we should Mr. DINGELL. Mr. Speaker, I am sorry that I cannot be making a start in that direction. Certainly there should answer the question. I am not familiar with the wishes of be some limit to the extent to which either muncipalities or the gentleman from Texas [Mr. MANsFIELD]. For per­ industries can go in further polluting the streams of the haps 60 or 70 years, during the period of our industria.! country. This is what, in my opinion, the amendment to be development in this country, industry has assumed as a offered by the gentleman from South Dakota will, in some matter of right not only to take the pure water of our measure, undertake to do. It is all right to study the prob­ streams and lakes but to pollute and destroy the whole­ lem; it is all right for these Federal agencies to devise ways someness of these bodies by dumping industrial refuse and means of seeking to cure the pollution of the streams, but into these lakes and streams and rivers. The city and 1940. .CONGRESSIONAL RECORD-HOUSE 2187 state institutions have dumped raw sewage into these rivers Mr. COLMER. Mr. Speaker, I move the previous question and lakes and have caused irreparable harm. Game birds, on the resolution. migratory and shore birds, and wildlife generally were being The previous question was ordered. destroyed by the thousands, and where once a stream is pol­ The SPEAKER. The question is on agreeing to the reso­ luted, wildlife and game never come back to it. I want lution. these streams to be enjoyed by all the people. I want the The resolution was agreed to; and a motion to reconsider manufacturers and the municipalities to have the full use was laid on the table. of these natural resources, but I insist that these are God­ MESSAGE FROM THE SENATE given resources, to be enjoyed by all, and within restrictive limitations by certain special interests; I want these lakes A message from the Senate, by Mr. Frazier, its legislative and rivers and streams to be enjoyed by sportsmen and out­ clerk, announced that the Senate agrees to the amendments of-doors people today, and I want them to be enjoyed in of the House to a bill of the Senate of the following title: S. 3069. An act to provide for increasing the lending au­ later years after I have gone on by my children and my thority of the Export-Import Bank of Washington, and for children's children; but unless there is a limitation, a very other purposes. specific, a very definite circumscription in the law to prevent these vicious abuses, the beauty and the utility of our waters VVATER-POLL~ON CONTROL will be destroyed forever. Industries will not conform to the Mr. GAVAGAN. Mr. Speaker, I move that the House re­ latest and newest idea about the elimination of stream pollu­ solve itself into the Committee of the Whole House on the tion unless compelled to do so. Certainly there will always state of the Union for the consideration of the bill (S. 685) to be enough of them who will not, to defeat our objective. I create a Division of Water Pollution Control in the United am sorry that I must assume an attitude so uncompromising States Public Health Service, and for other purposes. and forceful, but I think I am obliged to place the blame The motion was agreed to. as I see it and as I know it to be. Accordingly the House resolved itself into the Committee Mr. PARSONS. Mr. Speaker, will the gentleman yield? of the Whole House on the state of the Union for the con­ Mr. DINGELL. Yes. sideration of the bill S. 685, with Mr. O'NEAL in the chair. Mr. PARSONS. Would the gentleman be willing to accept The Clerk read the title of the bill. this rather than nothing at all, to give us a start? Mr. GAVAGAN. Mr. Chairman, I ask unanimous consent Mr. DINGELL. To make my position clear, I think I that the first reading of the bill be dispensed with. mentioned earlier that I thought this is a step in the right The CHAIRMAN. Is there objection to the request of the direction, although the bill does not go as far as I would like gentleman from New York? to have it go, but I have made it clear that I would accept Mr. CARTER. Mr. Chairman, reserving the right to ob­ this bill as a beginning. I would like to see the bill amended ject, does the gentleman expect to read the bill for amend­ in such a way that there would be a certain progressive time ment tonight? schedule for conforming to a carefully worked-out plan. Mr. GAVAGAN. If possible, I would like to finish the bill Public sentiment will sustain severe penalties to force com­ tonight; but whatever the committee wishes to do will be pliance. Some industries and municipalities voluntarily cor­ satisfactory to me. rected their abuses. The Public Works Administration has Mr. CARTER. If we could have an agreement that the been very helpful in eliminating municipal sewage pollution. completion of the bill may go over until tomorrow, I may The SPEAKER. The time of the gentleman from Michi­ not object. Otherwise I shall object to the gentleman's gan has expired. request. The SPEAKER. All time has expired. Mr. GAVAGAN. I have no objection to the bill's going over Mr. COLMER. Mr. Speaker, I move the previous question until tomorrow. on the resolution. Mr. CARTER. With that understanding I will withdraw The SPEAKER. The gentleman from Mississippi moves my objection. the previous question on the resolution. The first reading of the bill was dispensed with. Mr. CARTER. Mr. Speaker, I make the point of order that Mr. GAVAGAN. Mr. Chairman, I yield 10 minutes to the there is no quorum present. gentleman from Kentucky [Mr. SPENCE]. The SPEAKER. The gentleman from California makes Mr. SPENCE. Mr. Chairman, I do not think there will be the point of order that there is not a quorum present. Evi­ any bill introduced in this Congress that is of so vital im­ dently there is not. portance to the people I represent as some effective stream Mr. COLMER. Mr. Speaker, I move a call of the House. pollution elimination measure. The motion was agreed to. I want to tell you something of the history of this bill. The Clerk called the roll and the following Members failed You remember session before last the Barkley-Vinson bill to answer to their names: was passed by both the House and the Senate. It was vetoed by the President, because he said it did not conform [Roll No. 37] to the ordinary budgetary requirements. Subsequently that Andresen, A. H. Fitzpatrick Mansfield Smith, Maine Barnes Flannagan Martin, Ill. Smith, Ohio same bill, with the budgetary requirements inserted, was Boland Ford, Leland M. Mason Steagall introduced both in the Senate by Senator BARKLEY and in Buckley, N.Y. Ford, Thomas F. Merritt Sullivan Byrne, N.Y. Gearhart Mouton Sutphin the House by me. We did not seem to make any progress Camp Gehrmann O'Brien Sweeney in the consideration of that bill. There was a conference Carlson Gifford Pierce Taylor held with the health authorities of the Government, with Case, S. Dak. Gillie Rayburn Thomas, N.J. Chapman Green Risk Vincent, Ky. the Reconstruction Finance Corporation, with the chairman Clason Hall, Leonard W. Robsion, Ky. Vinson, Ga. of the Rivers and Harbors Committee, and Senator BARKLEY Corbett Hartley Sacks Wadsworth Cummings Hope Satterfield Wallgren and me with the President in regard to some effective Darrow Jarrett Schulte Welch stream pollution elimination measure. DeRouen Keefe Schwert Wheat Dirksen Kelly Scrugham White, Idaho This proposed amendment grew out of that conference. Ditter Kilburn Seccombe White, Ohio I can say to you that it meets with the approval of the Douglas Kleberg Shanley Win1;er health authorities of the United States; that it meets with Drewry Lambertson Shannon Wolcott Durham Larrabee Sheppard the approval of the Reconstruction Finance Corporation; Evans Lewis, Ohio Sheridan and that it meets with the approval of the President of the Ferguson McLean Smith, Ill. United States. The SPEAKER. On this roll call 345 Members-have an­ The bill as originally introduced and passed provided for swered to their names, a quorum. loans both to industries and to municipalities and grants to By unanimous consent, further proceedings under the call municipalities. The amendment that is proposed here merely were dispensed with. provides for loans to municipalities and to subdivisions of the 2188 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 State. I think probably I am more interested in the elimina­ Mr. ZIMMERMAN. Then, are we not getting the cart be­ tion of pollution and represent more people who are more fore the horse? Had we not better spend some money to pre­ Vitally interested in that subject than any other people in vent these awful floods, particularly the ones in the Ohio Val­ the United States. My district is just across the Ohio River ley which cost this country half a billion dollars and on top of from the city of Cincinnati. You have been told that the that we had to go in and spend Government money to clean Ohio River has been locked and improved for purposes of it up? navigation. I ·do not suppose there is any river on the conti­ Mr. SPENCE. Man has never conceived any method that nent that is more highly improved for that purpose than would prevent a flood such as occurred in the Ohio River in the Ohio River. There is a pool in that river that extends 1937. That was an act of God, and man, in the presence of from Fernbank to Coney Island, a distance of probably 15 such a thing as that, is impotent. Rain came in a little sec­ miles, that in the summer is a stinking pool, into which goes tion of the Ohio Valley and made a sea out of that river. We the industrial waste and domestic sewage of 800,000 people. cannot do anything to prevent a recurrence of that kind. But Out of that pool comes the water supply of the city of Cin­ here is a condition that we can mitigate now. How ought we cinnati, of the city of Covington, of the city of Newport, the to meet this problem? city of Bellevue, the city of Dayton, and the city of Fort The municipalities are not in many instances able to pay Thomas. All of those cities mentioned, except Cincinnati, for the proper interceptor sewers and disposal plants to do a.re on the other side of the river in my district. I know I away with the future pollution of the rivers. They have speak their earnest wish when I ask you today to pass some not the money to do it. This bill makes no provision for any measure that may at least start on the elimination of the grant to any State or any subdivision. It merely gives the pollution of that river. municipalities and the industries the opportunity to borrow I do not believe you can approach this matter by harsh under long terms at reasonable rates of interest funds that measures. I do not believe you can compel cities to clean up they can use in building intercepting sewers and disposal the rivers by processes of abatement and injunction. Already plants. under the common law we can abate a nuisance. An indi­ [Here the gavel fell.] .Vidual can abate a private nuisance. An individual can abate Mr. GAVAGAN. Mr. Chairman, I yield 5 additional min­ a public nuisance if his interests are affected thereby. Here utes to the gentleman from Kentucky. we have the proposition under a proposed amendment that Mr. SPENCE. I think that the cities and those who are this matter shall be in the jurisdiction of the courts of the responsible for the operation of the municipal functions in United States. They may invade the province of the State, the Ohio Valley are anxious to eliminate this condition. I and they can exercise their jurisdiction on tha cities along believe if the cities are given the opportunity to secure the the navigable streams of the United States in order to compel necessary funds they will use them in a manner that will them to abate this nuisance that grows out of the sewage of result eventually in the elimination of the pollution of the the cities being dumped into the inland streams. I ask you river, and I believe it is the only effective way by which this how you are going to exercise this power. I want to know if can be accomplished. Now, if you attempt to put this power there is any judge in the United States who will grant an into the United States courts to enjoin the cities from con­ injunction to abate this character of nuisance when the tinuing this, to abate the nuisances, it is not certain that offender is the city, and the greatest offenders are the cities they would have jurisdiction except upon navigable streams. of this country. What judge will enter an order enjoining It is not the naVigable streams, however, that have entirely the continued use of the city sewers? caused the condition that exists. In Cincinnati there is Mill Into those city sewers go not only the domestic sewage of Creek, a terribly polluted little stream, not naVigable. The the people who live there but also the greatest quantity of Congress could not delegate to a Federal court jurisdiction industrial waste from the great manufacturing enterprises. over such a stream, for the only jurisdiction the United States Almost all the great industries of our country are situated in has over navigable streams is under the commerce clause of our cities and they have no other manner in which to dispose the Constitution. of their waste but to dump it into the city sewers. It is said that we ought to delay passage of this bill because The only way some contend we can combat these nuisances · we have not given it sufficient consideration. Since 1921 is by enjoining the operation of the sewers in the cities of many hearings have been held upon this subject. The Rivers the United States. In doing this you might protect the fish and Harbors Committee had extensive hearings in 1924. At and aquatic life, the migratory wild fowl, but you kill all the least 15 hearings have been printed. Sixty-five bills have citizens in the great valley. Certainly that remedy is not been introduced for this purpose. It seems to me after the desirable. long investigation of this subject that the Congress is cer­ Mr. ZIMMERMAN. Mr. Chairman, will the gentleman tainly in position to take some definite action. The commit­ yield? tee, I believe, has accepted one of the amendments offered Mr. SPENCE. For a question. by the gentleman from South Dakota [Mr. MUNDT], pos­ Mr. ZIMMERMAN. The gentleman from Kentucky is sibly a modified amendment of the one that appeared in the making an interesting discussion, but I wonder what benefit REcoRD. I am not in favor of the acceptance of any amend­ this improvement would be to the cities in Ohio and Ken­ ment. I believe we should exercise our influence and our tucky in the case of a flood such as we had in 1937 which persuasion upon the municipalities that are pollUting the came down the Ohio River and submerged the entire valley, streams. I believe if we can get that part of the pollution pouring not only the filth of cities but of many States down cleaned up that the greatest pollution of the streams will be that valley? I ask the gentleman if he does not believe it eliminated. After we have given the municipalities the might be better to do something toward preventing these opportunity to do what they can to eliminate pollution, if floods rather than to pass a bill of this nature? there still remain recalcitrant industries, or manufacturing Mr. SPENCE. No; I do not, because if this pollution con­ establishments along the rivers, who are unwilling to con­ tinues at the rate it has been going on and nothing is done form to our expres.sed purpose and the requirements of the to relieve it, there will not be any people in the Ohio Valley law, I am in favor of passing some drastic law, but I believe to be flooded. To preserve the health of the people of the if we pass a harsh measure now it will not have the effect we Ohio Valley it seems to me it is essential that we look forward want it to have, it will not encourage these municipalities to to correcting these conditions at some not far distant time. do the things we want them to do, and I am confident that The flood of 1937 was an act of God. · The pollution of the the passage of the proposed amendment to Senate 685 is the streams is not an act of God but of man and is something that only remedy we should apply at the present time. can be remedied. In addition to the provision in the bill for loans there is a Mr. ZIMMERMAN. Mr. Chairman, will the gentleman provision for compacts between the States. Many of the yield further? States have already made these compacts by which we will Mr. SPENCE. I yield. have coordinated, effective, and uniform action by the States, 1940 CONGRESSIONAL RECORD-HOUSE 2189 which is very essential if we are going to have any real elimi­ Surveys to determine the source and type of pollution in a nation of stream pollution. locality will be made by these engineers on the request of any Mr. Chairman, I desire to read an editoriar on this subject State health authority, subject to the approval of the Surgeon appearing in the Cincinnati Enquirer. on last Saturday, Feb­ General, and review reports may be ordered by resolution of ruary 24, which, I am confident, speaks the wishes of the the Committee on Rivers and Harbors of the House or the majority of the people in the Ohio Valley. The editorial Senate Committee on Commerce, who act upon the recom­ speaks of the bill as introduced in the House as my bill. mendation of a Member of Congress. Plans are to be drawn However, I claim no credit and have no pride of authorship up and recommendations made as to the best possible means as it was merely the Barkley-Vinson bill we introduced with to control the type of pollution involved, whether sewage or the budgetary requirements inserted: industrial waste, and submitted to the State or municipal SPORT--QR PUBLIC HEALTH? health department requesting same by the Surgeon General. Now, that the stream purification legislation has been reported A board of five members is created within this Division, out of committee in a form which substitutes loans to communi­ four to be commissioned officers of the Public Health Service, ties and industry from the Reconstruction Finance Administration and the fifth, the Chief of Engineers, United States Army, or rather than by grants-in-aid from the Treasury or other drains upon it, there was reason to hope for early passage. a member of the Corps of Engineers designated by him; all The amendments to the Barkley-Spence bill as it passed the to serve without additional compensation. The duties of this Senate surely remove any legitimate hesitation Congress or the board shall be to pass on all reports of investigations and President might advance toward any further drains on the national plans for corrective methods and submit to the Surgeon Gen­ economy. But once more in the history of this legislation some of the very forces which have been protesting their· allegiance to the eral recommendations as to their desirability and feasibility. cause of pollution abatement show up as obstructionists. These With a practical plan in hand recommended by the Surgeon are the spokesmen for the Izaak Walton League. General of the United States Public Health Service, the local­ Their purpose is to make the ·waters safe for fish by mandatory and punitive action by the Federal Government. There are several ity affected will then be eligible for a construction loan reasons why such an approach may be disastrous to the whole through the Reconstruction Finance Corporation at a reason­ cause. Surely the most cogent 1s the improbability that any such able interest, possibly as low or lower than 2% percent. measures could pass Congress. The second is that if passed, the The whole cost to the United States for administering this doubtful constitutionality would first have to run the gantlet of the courts, further delaying the process by which the only real bill is $250,000 annually. purification progress has been achieved. : This is a cooperative venture and the record shows that The avowed impulse back of the Barkley-Spence bill is the pres­ the · States are ready and willing to cooperate. They have ervation of the public health by the removal of such pollution as amounts to a peril in the Ohio and other streams. This is not been waiting for this incentive and as the able and lovable enough for the Izaak Walton League officials, who assert that chairman of the Committee on Rivers and Harbors, J. J. another standard, sufficient for aquatic life-which most city­ MANSFIELD, pointed out in his extension of remarks printed in treated water is not--must obtain. the Appendix Of the CONGRESSIONAL RECORD, which I under­ The Izaak Walton League does not speak for all sportsmen. In a recent· drive for membership it complained that not more than 5 stand was dictated from his hospital bed, more progress has percent of sportsmen belonged to such organizations. Nor is· there been made in the last 6 years through P. W. A. loans and evidence that the spokesmen represent the views of the whole of grants than in all the time previous in the matter of the the membership. Even if they do they are imperiling a measure which has the construction of sewage-treatment works. Of course, the full support of every State board of health and the health authori­ P. W. A. program is now a matter of the past, and if this bill ties of the United States Government. Do they care to be on rec­ becomes a law the good work done toward this end in the ord · as opposing public health? last 6 years will be more than duplicated in the next 6 years In doing so they are lining up with such lobbyists as have been retained by the principal polluters in the United States. under the encouragement of loans by the Reconstruction Finance Corporation. Mr. SEGER. Mr. Chairman, I yield 12 minutes to the The pollution of some of our streams is nearing the satura­ gentleman from Michigan [Mr. DoNDERO]. tion point, and the enactment of this· bill into law is urgent. Mr. DONDERO. Mr. Chairman, the matter before the The insignificant amount necessary to carry out the purposes House this afternoon is one of the greatest importance to of this bill will pay dividends a thousandfold in good health the American public. It deals with the preserving of our to the American public. public health, fish, and wildlife. Resolution regarding the proposed Water Pollution Act (S. 685), Pollution of our waterways which first became alarming pending before the Seventy-sixth Congress, third session some 20 years ago has been· steadily increasing until it has Be it resolved, That the members of the Great Lakes Boards of become a national menace. Sewage and industrial waste Health Commissioners and Engineers---of New York, Pennsylvania,1 dumped into many of our rivers from which domestic water Ohio, Michigan, Indiana, Illinois, Iowa, Minnesota, and Wisconsin­ and the Upper Mississippi River Boards of Health Commissioners supplies are taken has become so great as to reach the point and Engineers--of Iowa, Minnesota, Missouri, Illinois, and Wiscon­ wl;lere epidemics of large proportions are imminent. . sin-convening in joint session at Chicago, this 3d of February 1940, It is amazing that this condition has been allowed to grow · hereby approve the Federal-State cooperative type of water-pollution to such an extent without some controlling legislation by the control embodied in the Barkley bill, S. 685, now pending in Con­ gress in its present form, or as it may be amended to provide for Federal Government long ago. long-term loans at low rates of interest in lieu of a combination of Since 1921 the Committee on Rivers and Harbors has had grants-in-aid and loans; be it further before it for consideration· some 65 bills relating to the control Resolved, That copies of this resolution be forwarded to all State and Territorial health officers, Members, and appropriate committees of water pollutfon. Extensive hearings have been held on of Congress, and others concerned. the majority of these bills, but the only legislation so far enacted into law is the Oil Pollution Act of 1924. This act FEDERAL-STATE PATTERN OF STREAM POLLUTION ACTIVITY IS GETTING served only to prevent the discharge of oil into the coastal RESULTS-IT NEEDS EXPANSION-A STATEMENT FAVORING ENACT­ waters of the United States. MENT OF BARKLEY BILL, S. 685 Now we have before us the bill, S. 685, which, after all these From 1935 to 1940 proposed stream-pollution legislation of a national character has been evolving in the Congress through years, presents a means of controlling pollution in the naviga­ active intensive efforts to key legislators, public-health officials, ble waterways and their tributaries of the United States. The fishermen and sportsmen, industrial managements, and broad­ public-health authorities of the United States have been minded civic leaders who recognize that stream pollution is a almost unanimous in their approval of the provisions of this national incubus which is harming public health, handicapping industry, and destroying recreational assets of our Nation. Presi­ bill. It is doubtful if any bill ever before this Congress has dent Roosevelt in his message to Congress urging action in Febru­ had such long and intensive study and consideration. ary 1939, said "The t ime is overdue for the Federal Government to The bill is a simple one. It establishes a Division of Water take vigorous leadersh ip along these lines." The type of legislation which is unanimously supported by all Pollution Control in the United States Public Health Service. sections of the country and by people: in all walks of life, with one This Division will be manned by sanitary engineers whose sole duties will be to design means of reducing or eliminating 1 Not represented at meeting of the boards of health commis­ the pollution in our national waterways. sioners and engineers, February 3, 1940. 2190 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 exception--certain sportsmen who want the job done immediately New York, Pennsylvania, Ohio, Michigan, Indiana, lllinois, through drastic court action-is a natural outgrowth and expan­ Iowa, Minnesota, and Wisconsin and the Upper Mississippi sion of the successful program which has been carried forward for the past 10 or 15 years through the cooperative efforts of State Boards of Health Commissioners and Engineers for Iowa, and Federal agencies concerned with stream pollution. The pro­ Minnesota, Missouri, illinois, and Wlliconsin, and unani­ posed legislation provides for the United States Public Health mously passed a resolution approving the Federal-State co­ Service handling the work administratively, setting up standards of water quality for the drainage systems of the United States. It operative type of water-pollution control, such as recom­ also provides for long-term loans at low interest rates to cities mended by this bill reported by the Rivers and Harbors and to industries, but utilizes the existing police power of the Committee unanimously, with the exception of one or two States to carry out necessary control measures. State compacts members who reserved the right to oppose it on the floor of are to be organized to deal effectively with sections of the country where interstate stream pollution is a problem. the House. HISTORY OF PAST 6 YEARS SHOWS OUTSTANDING PROGRESS Mr. KELLER. Will the gentleman yield? The history of ·what has been accomplished in the past is the Mr. DONDERO. I yield to the gentleman from Tilinois. best criterion of what will be done in the future under any Mr. KELLER. Has the gentleman a copy of the resolution specified plan of procedure. With that in mind let us briefly referred to? examine what State health departments and State water-pollution Mr. DONDERO. Yes, I have a copy of the resolution re- control agencies have done in the period of 1933. and 1938, work~ng in cooperation with the United States Public Heal~h Serv:Ice, ferred to, and I shall insert it in the RECORD. Works Progress Administration, and Public Works Admmistrat10n. Mr. STEFAN. Will the gentleman yield? In 1904 the sewage from approximately 1,000,000 people, 3 per­ Mr. DONDERO. I yield to the gentleman from Nebraska. cent of the urban population of the country, was treated. In 1932 more than 30 percent received treatment, and by 1938 nearly 60 Mr. STEFAN. The gentleman tells us of the numerous percent of the sewage was receiving either primary or secondary people who are in favor of this particular bill. The gentle­ treatment. The almost miraculous rate of progress in the last 6 man will agree with me that the Izaak Walton League, the years has been due to State health department activity, popular Audubon Society, and many outdoor sportsmen have opposed education, and Federal financial assistance. The States have been successful in getting their cities to build the Barkley bill. We have before us a compromise bill sewage-treatment plants to reduce stream pollution. In the Oh~o which the committee ·has written, and many objectionable River basin much stimulus has come from well-directed civic features of the Barkley bill have been entirely eliminated. activity in Cincinnati, whose citizens fe~r the destr~ction of_ their The committee has taken up and considered the principles drinking-water supply owing to the rap1d increase m pollutiOn of the Ohio River which is the source of their public water supply. favored by the Izaak Walton League, the Audubon Society, During the la;t 6 years the progress made ~y 7 States in t?is and others, therefore we have a new bill here which they large industrial section of the country in reducmg stream pollutiOn approve? was as follows: Ohio, 114; Pennsylvania, 73; Kentucky, 61; West Mr. DONDERO. Yes. Virginia, 21; Tennessee, 24; Indiana, 48; Illinois, 87. Summarizing this situation we see that 428 cities in 7 States in Mr. STEFAN. And with the amendment to be offered the Ohio Basin spent nearly $100,000,000 in the last 6 years _to by the gentleman from South Dakota [Mr. MUNDT] we are reduce detrimental pollution coming from sewage and industnal all agreed that it will contain principles satisfactory to the wastes. Izaak Walton League and other similar organ:zations? MANY INDUSTRIES ARE ACTIVELY AT WORK REDUCING POLLUTION Mr. DONDERO. Yes. The Mundt amendment seeks to Industrial wastes coming from manufacturing plants within . a prevent future or new pollution of our navigable waters and city are generally discharged into the city sewerage system. Thus, their tributaries. these wastes flow directly to the sewage-treatment plant and are treated before discharge to the stream. In Ohio it is significant of Mr. BATES of Massachusetts. Will the gentleman yield? the trend of the times to find that three large milk-plant man­ Mr. DONDERO. I yield to the gentleman from Massa­ agements have just completed treatment plants which are operat­ chusetts. ing successfully. These industries were located ~m small streams outside the city sewerage system. Over a penod of years the Mr. BATES of Massachusetts. What provisions are there cooperative effort of the United States Public Health Service and in this bill, relative to pollution, which endangers the public the State health departments of Pennsylvania, Ohio, West Virginia, health that the State departments of public health have not and Kentucky have brought about the installation of 21 phenol already got? waste-treatment plants at byproduct coke ovens, built at a cost of millions of dollars by the industrial managements. Several Mr. DONDERO. Let me answer the gentleman this way: basic industries, notably pulp and paper, tanning, and the i~on The pending bill leaves to the police power of the states the and steel group, have active research prograiUS under way With question of control of the pollution of their waters. capable staffs. They are working to find out ways and means to reduce industrial wastes which are causing detrimental pollution. Mr. BATES of Massachusetts. Which power they already The United States Public Health Service took the leadership in have. 1933 in organizing a program to combat acid mine-drainage pol­ Mr. DONDERO. The Federal cooperative agencies of this lution coming from over 25,454 coal mines in 8 States in the Ohio Government, acting in conjunction with the States, will help Basin. Daily from these abandoned and active coal mines over solve the problem. 15,000,000 pounds of mine acid closely resembling full strength sulfuric acid flows into the tributaries of the Ohio. The seali-ng Mr. BATES of Massachusetts. Do they need any help from of abandoned coal mines was started in 1933, and this program, the Federal Government when they have the power now to carried on by the Works Progress Administration and supervised by enforce the law? the Public Health Service, is reducing the tremendous acid load in Pennsylvania, Ohio, West Virginia, Indiana, Kentucky, Tennes­ Mr. DONDERO. I think they do in those States where see, Alabama, and Maryland. In some basins in West Virginia the navigable waters are boundary streams and where the already a 60-percent reduction in acid load has been noted. Un­ streams run through more than one State. This bill pro­ employed coal miners on relief have built many thousands of traps vides for the making of compacts between States. and water seals and closed many holes into the mines to effectively air seal them, thereby turning destructive acid water into useful Mr. BATES of Massachusetts. If it was not for that par­ sweet water again. ticular provision there would be no necessity for this bill at We favor enactment of the Barkley stream-pollution bill (S. 685), all, would there? and accept amendments proposed by the Rivers and Harbors Com­ Mr. DONDERO. That is true; but I want to call to the mittee, since these amendments seem necessary to obtain approval of the measure. attention of the House the progress that has been made. CoMMITTEE ON STREAM POLLUTION OF THE In 1904 approximately (000,000, or 3 percent of the urban CINCINNATI CHAMBER OF COMMERCE, population of the country, had their sewage treated. In HUDSoN BIERY, Chairman. 1932, 30 percent, and in 1938, 60 percent. I call attention to Communication No. 47, February 24, 1940. "that fact to show the progress we are making in this country Mr. Chairman, who is for this bill? I have before me a without using the "big stick." Dr. Parran, Surgeon General letter from the Michigan Department of Health and a reso­ of the United States Public Health Service, informed me lution which was unanimously passed by the health com­ that they have had practically 100-percent cooperation from missioners of the several States indicated therein on the municipalities, industry, and everyone concerned in trying 3d day of February this year in the city of Chicago. The to solve this very difficult problem; and only where the Great Lakes Board of Public Health Commission and the municipalities or industries did not have the finances to cor­ Upper Mississippi Board of Public Health Commission met rect the situation did the Department not have their coopera­ in the city of Chicago represepting the following States: tion. In the Ohio River Valley, in the last 6 years, where 1940 CONGRESSIONAL RECORD-HOUSE 2191 perhaps the problem of stream pollution is the greatest of flowed freely and thus created, to a limited extent, a natural any place in the United States, 428 cities have corrected the process of purification, but the Ohio River is now a series of condition and have done it without the use of force, drastic navigation dams consisting of more than 50 in number. Dur­ or harsh legislation. · ing low water these dams retard the flow and create a series Mr. SOUTH. Will the gentleman yield? of pools. Near the larger cities they are open cesspools, and Mr. DONDERO. I yield to the gentleman from Texas. from such places these cities derive their water supply. Mr. SOUTH. I should like to renew the question which For a number of years there has been an alarming increase I asked the gentleman from Michigan [Mr. DINGELL]. in the pollution of Ohio River water. The Public Health The gentleman is a member of the great committee pre­ Service has found that water containing as much as 5,000 sided over by the gentleman from Texas (Mr. MANSFIELD]. bacillus coli per 100 cubic centimeters may be chemically May I ask the gentleman whether or not the gentleman treated and used for drinking water. Prior to 1935 raw from Texas is in sympathy with this bill? water in the Cincinnati area averaged annually about 2,600 Mr. DONDERO. He is entirely and wholeheartedly in bacillus coli per 100 cubic centimeters. Since that time the favor of this bill. This bill comes from his committee and average has increased at an alarming rate. For the year he was present at all the hearings and when it was reported 1935 the average was 10,330. In August 1938 the highest to this House. monthly average on record, it reached 28,840. During the Mr. SOUTH. I know he is tremendously interested in entire year 1938 the average was 10,580 more than twice the this bill, and-I hope it will pass. average considered by the Public Health Service as safe for Mr. DONDERO. He is, and I know that it is his opinion drinking purposes. Cincinnati has just spent $3,000,000 to that this is a sensible and a moderate approach to the improve its processes for water treatment, and the city has problem. been supplied with safe drinking water through chemical Mr. KELLER. Mr. Chairman, will the gentleman yield? treatment, but health authorities are reluctant to prophesy Mr. DONDERO. I yield to the gentleman from Illinois. how much longer the water can be safely treated regardless Mr. KELLER. I did not understand the gentleman's of the amount spent for treatment plants, thus indicating the statement about the section in which such excellent progress necessity for the handling of the stream-pollution menace had been made. Will the gentleman repeat that statement? by the Federal Government in conjunction with the States Mr. DONDERO. The gentleman will find that informa­ and their political subdivisions, as well as with private in­ tion in the hearings on this bill. I have before me a state­ dustry. It can readily be appreciated that the taking of ment coming from the Stream Pollution Committee of Cin­ steps to eliminate stream pollution in any given area would cinnati and the Chamber of Commerce of Cincinnati in be useless unless similar action were taken over the entire which the same figures are used, and I will give the number course of the river for, with every rise in the river, the locali­ of cities by States in the Ohio River Valley that have solved ties downstream must take the pollution from upstream. It their problem. would be of no advantage to Cincinnati, for example, to Mr. KELLER. I thank the gentleman. spend millions of dollars largely to benefit Louisville and Mr. DONDERO. Here they are: Ohio, 114; Pennsylvania, other downstream cities unless there was some assurance that 73; Kentucky, 61; West Virginia, 21; Tennessee, 24; Indiana, Pittsburgh and other upstream cities aid likewise. 48; and lllinois, 87. It is a remarkable and commendable Engineers have estimated that when the Ohio River is at record, showing what we have done by cooperation and a low stage in the Cincinnati area we have a flow of about without force. [Applause.] 6,000 cubic feet per second, 1,500 cubic feet of which have [Here the gavel fell.] been through sewers. In other words, one-fourth of the Mr. SEGER. Mr. Chairman, I yield such time as he may entire flow, or 1 quart out of every g·allon of water, has require to the gentleman from Ohio [Mr. ELSTON]. passed through sewers. That is what we are pumping into Mr. ELSTON. Mr. Chairman, the provisions of the bill our waterworks. High chlorinization of the water might kill before the House for consideration are not new to Congress. the germs but it does not take them out. Some specialists deal­ They are the result of years of study by public and private ing with diseases of children will not permit their patients to agencies for the purpose of charting a course that will solve use city water. Many adults are not permitted to use it. one of the most serious problems facing this country today. The poor, who cannot afford bottled water, must take their It cannot be contended that this problem affects only those chances. areas adjacent to navigable streams or their tributaries, for The conditions which I have described in the Ohio Valley national health is something that is Nation-wide. This pro­ are typical of other sections of the country. In some places posed legislation cannot, in any sense of the word, be classed they are worse, in other places not as bad, but there is no as experimental, nor is it designed to bring about merely State in the Union that can be said to be entirely free from temporary benefits. In its present form no grants-in-aid to the menace of water pollution. local subdivisions are provided for. Financial help is made The bill before us today is a result of years of work on the possible only through R. F. C. loans. part of Congress, extensive hearings having been held last The menace of str,eam pollution is something that cannot year and in previous years by the Rivers and Harbors Com­ be dealt with without Federal cooperation and aid. The con­ mittee. It is an improvement over the Barkley-Vinson bill, tamination of our navigable streams and their tributaries has which was passed by the Seventy-fifth Congress, in that it reached the stage where local treatment plants are, or soon limits Federal· expenditures to a sum not to exceed $250,000 will be, inadequate to deal with the problem. Let me refer per year, to be used solely for administrative purposes. It for a moment to conditions as they exist today in the Ohio eliminates entirely all political subdivisions, as well as private Valley the drainage basin of which includes 200,000 square industry, from grants-in-aid, and it adds a member of the miles comprising parts of 14 States. The population of the Army Engineer Corps to the governing board. The objection basin is 17,000,000 people. Raw, untreated sewage from of the President to the Barkley-Vinson bill has been overcome localities containing almost 6,000,000 perons is discharged in this bill. daily into the Ohio River and its tributaries, and, in addition On February 15, 1939, the President submitted a message to thereto, treated sewage from areas containing 2,500,000 addi­ Congress in which he said that although he had vetoed the tional persons is discharged into the Ohio River and its trib­ Barkley-vinson bill for a technical reason, he fully subscribed utaries every day. Six million two hundred thousand persons to the general purposes of that act; and further said, "I hope, are supplied with water from the Ohio and its tributaries. that at this session the whole problem of water pollution may The bacterial pollution of the river at certain periods of the again receive your attention." year is much greater than is considered safe to be used as a As far back as 1912, by a special act of Congress, the duties water supply, even when the water is treated by the most of the United States Public Health Service were broadened up-to-date methods of filtration and chemical processes. All to include a study of stream pollution, with the result that of the larger cities on the Ohio River place their raw, un­ we are today fortified with a quarter of a century of know!- · treated sewage in the river. The time was when the river edge that has been gained by constant study of the problems 2192 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 of pollution by 'both the Public Health Service and the Army ucts, resulting in every possible type of iridustrial waste engineers. contribution. Under the provisions of the bill now before us, no part of The raw, untreated sewage from nearly 5,800,000 persons the maintenance cost of any project shall be borne by the and the treated sewage from nearly 2,400,000 additional per­ Federal Government. Many cities have already made ar­ sons is discharged daily into the Ohio River and its tribu­ rangements to proceed with sewage-treatment projects when taries. Over 6,200,000 persons are supplied with water from given the assurance that the Federal Government will make the Ohio River and its tributaries, and 1,500,000 persons are it possible for other local subdivisions and industry to do like­ supplied with water from the Ohio River itself. The concen­ wise. The city of Cincinnati, for example, has recently ap­ tration of bacterial pollution in the river water for many proved a bond issue for sewage-disposal works and interceptor weeks at a time is far greater than that considered safe to be sewers. Incidentally, although many other bond issues were used as a source of public water supply, even when the water voted down, this particular bond issue· was heartily approved is treated by the most modern methods of filtration. These by the voters of Cincinnati. serious conditions prevail in successive river stretches from I believe that all who are familiar with the problem will Pittsburgh, through 'Wheeling, Huntington, Portsmouth, Cin­ agree that stream contamination has reached the stage where cinnati, and Louisville, a river length of over 600 miles. it may be classed as a major emergency. If all of the present There has been an amazing increase in the pollution of raw hazards of polluted waterways were to suddenly descend upon Ohio River water for the last 15 years. The United States us, it would be viewed as a national catastrophe, comparable Public Health Service has found that a satisfactory raw to a serious epidemic or a great flood, and. prompt and ade­ water supply from a lake or river may have as many as 5,000 quate action would be taken. bacillus coli-germ from the lower bowel of red-blooded ani­ Favorable action by this House is all that remains t

The third report of the Special Advisory Committee on this great problem ~p.ust be approached sanely and without Water Pollution contains some alarming but interesting data violence. regarding the present status of the pollution problem. Sev­ A 'bill embodying these general features was passed by the enty-three million people of the United States are served by House and Senate, but was subsequently vetoed by the Presi­ public sewage systems. This sewered population discharges dent on the ground that it did not comply with his budgetary daily approximately five and three-quarter million gallons of views. The present bill meets his views in the financial pro­ liquid waste, all of which finds its way, treated or untreated, vi&ions, and he will, I am advised, sign the bill in its present into the streams, lakes, or tidal estuaries. The sewage from form. 37,000,000 people, representing about 54 percent of the sewered There is another school of thought on this question. It population, is at the present time treated either by sedi­ is presented by the Mundt bill, which has the backing of mentation or otherwise. This leaves approximately two and certain sportsmen's and conservation groups. I have great one-half billion gallons of sewage which are discharged daily respect for the idealism and charm of the proponent of that in an untreated condition into our water courses. In the field measure, the gentleman from South Dakota [Mr. MuNnTJ. of mining about 2,700,000 tons of sulfuric acid enter our He is an extremely useful Member of the House, and no one streams as drainage from bituminous mines. The acid drain­ can question his fine ability and high service to the coun­ age from arU;hracite mines constitutes a similar offense. It is try; nor do I question the idealism of the Izaak Walton estimated that 10,000,000,000 barrels of brine, about one-half Society and similar groups, who are urging the passage of of which finds its way into our streams, are produced daily drastic legislation on this question. These gentlemen are tru~ in the oil fields. nature lovers and are imbued with a strong desire to keev The industrial plants of the country of every name and our open spaces free from the taint and waste of civilization. description are daily discharging into the streams and lakes As I spell it out, these gentlemen would write into law a great quantities of waste which renders the water unsuitable provision that by injunction proceedings, or mandamus, the for industrial purposes and prevents recreational use of the offending manufacturers, the miners, and oil refiners should streams. be estopped from continuing the pollution of our waters. The These conditions should be cured. All thinking Americans proposition is clothed in weasel words, but that is the effect of are alive to this fact. What is the probable cost of the cor­ it. Under the Mundt proposal a bureaucracy at Washington rection of these conditions? It is estimated that an additional could ultimately enjoin these groups from operating and thus expenditure of approximately $1,000,000,000 will be required throw millions of men out of work. By virtue of this proposal for municipal surface treatment; $52,000,000 for the control of a million lawsuits could be started, and, as I view it, black­ coal-mine drainage and not less than $100,000,000 for the mail would be the order of the day. The manufacturer, treatment of oil-field brine. The treatment of industrial particularly the small manufacturer, upon whose pay rolls wastes will involve an added disbursement of $900,0CO,OOO. of the well-being of our people largely depends, would be haled It is further estimated that the annual operating and main­ into court, and a lawyer's holiday would result. This pro­ tenance cost for new surface-treatment plants will amount to posed law would, of course, be unenforceable and in most at least $15,000,000, while the fixed and operating charges jurisdictions would be declared unconstitutional under the for the treatment of mining, oil fields, and industrial wastes rule of reason. The gentleman from Texas, Judge MANSFIELD, will probably exceed $225,000,000 per year. placed an extension in the Appendix of the RECORD the other The House will see that this represents a colossal disburse­ day which told the history of drastic legislation of this type. ment which, if carried on ruthlessly, would dislocate our na­ He stated that most of the States had passed drastic legisla­ tional economy and do violence to wages and pay rolls which tion of this character, and all of it was a dead letter. Neither carry subsistence to· millions of our countrymen. The prob­ the courts, juries, nor public o.fficers are going to piace people lem is present and pressing and two schools of thought are in the bread line so that fishing may be improved. now contending to write the law which shall clean up this menacing national condition. The health officers 0f the various States and the Federal The Rivers and Harbors Committee present a bill here today Government know · that such legislation as this always dies which represents a moderate but effective approach to these aborning and is nothing more than a futile gesture. I am problems. This bill has the endorsement of practically every for the House ·bill and urge the Committee to pass it in its health body in the United States. It bears the imprimatur present form. It represents the best national thought on the of the American Medical Association and has the solid back­ question. It creates a Division of Water Pollution Control ing of the United States Public Health Service. The repre­ in the Public Health Service. It constitutes no invasion of sentatives of these bodies appeared before our committee and States' rights, and the paralyzing hand of bureaucracy can­ wholeheartedly approved the principles of the bill which is not lay its hand on the manufacturing plants of America. It presented here today. places the handling of this question in the hands of the The bill provides for the creation of a Division of Water Pol­ United States Public Health Service and the State health lution in the United States Public Health Service. It further departments. I have great regard for the United States provides for the zoning of the country and establishes the Army engineers, but tbe personnel of the United States Public Public Health Service as the contact agency between the va­ Health Service are experts in the field of stream pollution. rious States on interstate pollution control. To date there has They have been at it for many years, and they will approa.ch been no interstate jurisdiction of this question. The history the interstate phase of this great problem with effectiveness of it has been that while some States are mindful of the neces­ and without doing violence to local needs. sity of pollution control, another State upstream has not I respectfully urge the House to support the Barkley­ developed any civic conscience on the question. The bill pro­ Mansfield bill. It will be a big approach to the solution of vides for an appropriation of $215,000 annually and for loans this problem and will bring about a gradual and certain cure from the R. F. C. The bill does not provide for any grants. of this problem. This bill bridges over that hiatus. and enables the States I am now advised that the distinguished and able gen­ through the medium of the Federal Government to get to- tleman from South Dakota [Mr. MUNDT] will offer an amend­ . gether on some sane concerted attack on this question. This ment relating to new sources of pollution and will not op­ bill was born of much discussion and represents substantially pose the pending bill if that is accepted. I urge the passage the viewpoint of the committee, which has conducted full of his amendment and congratulate him upon his fine sports­ hearings on the subject and heard all parties in interest. manship. I think the conservationists and sportsmen for The committee legislation has the added value of writing whom the gentleman from South Dakota [Mr. MUNDT] so into the law the viewpoint of the public-health agencies who ably speaks are likewise the subjects of hearty congratula­ have been fighting tllis problem from the beginning. They tion. Under our joint auspices I know that pollution in are practical men and realize that pay rolls are necessary America will be tremendously lessened. [Applause.] to an ordered national economy. They further realize that . Mr. CARTER. Mr. Chairman, will the gentleman yield? 1940 _CONGR_ESSIONAL RECORD-HOUSE 2195 Mr. CULKIN. I will yield to the gentleman now for a rele­ control the gypsy and brown-tail moth; and we should. We vant question. spend $680,000 for foreign-plant quarantine. As a matter of Mr. CARTER. I want some information relative to the fact, over $5,000,000 a year is appropriated to the Bureau of so-called Mundt amendment. Entomology to exterminate these insects. Then, too, we spend Mr. CULKIN. I said I would yield for a relevant question. money to eradicate the foot-and-mouth disease, tuberculosis Mr. CARTER. That amendment reads in part as follows: and Bang's disease, and for grasshopper control, as I am re­ After date of enactment of this act no new sources of pollution, minded by my friend from Wisconsin [Mr. ScHAFER]. We either by sewage or industrial waste, shall be permitted to be dis­ have spent hundreds of thousands of dollars. My good charged into the navigable waters of the United States and friend from California [Mr. CARTER], who is a member of the streams- Committee on Appropriations, votes for those expenditures, And so forth. Suppose a factory has temporarily sus­ and it is entirely proper that he should vote for them. All pended and this bill then goes into effect-will it be affected we are asking for here is $250,000 for administering this law by the Mundt amendment? and making it possible for these communities, these public Mr. CULKIN. Oh, the gentleman is seeing ghosts. agencies, to borrow money to provide themselves with sewage Mr. CARTER. Will the gentleman yield further? plants and with proper equipment to get rid of this menace. Mr. CULKIN. No. I am sorry. The gentleman must In Ohio we have eradicated about 50 percent of it. There know that that question is absurd. Whatever the vested is still 50 percent to go. As long as human lives are at stake rights of the factory were prior to the enactment of this as a result of this nuisance, it is essential that this bill be law will be preserved. passed. Mr. MURDOCK of Arizona. Mr. Chairman, will the gen­ As the gentleman from New York [Mr. CULKIN] pointed tleman yield? out, public sentiment will force those agencies to take ad­ Mr. CULKIN. Yes. vantage of these low-interest loans provided for in this Mr. MURDOCK of Arizona. I am very much inclined to measure. favor such legislation as this, provided it is not too drastic. I hope that the Members of this House, including our good The gentleman does not think the passage of the bill before friend from California [Mr. CARTER], will see the light and us will stop the wheels of industry or be unduly rash and will vote to put over this meritorious measure that has been harsh in regard to industries now functioning? approved by every member of the Rivers and Harbors Com­ Mr. CULKIN. It will not. It would not a~ect or lessen mittee, save one. With the Mundt amendment, as explained the pay rolls of any plant. We can conserve them and at and outlined by the gentleman from South Dakota a while the same time make a rational approach to this question. ago, even those organizations and agencies which found the May I say this: You do not come to know about these bill objectionable will find occasion to go along with it. things by accident, although some people think you do. Every [Here the gavel fell.J bar fly knows more about questions that confront us here Mr. GAVAGAN. Mr. Chairman, I yield 5 minutes to the and which we have heard in committee week after week gentleman from Illinois [Mr. KE!.LERL than we do. I was impressed in the hearings with the rational Mr. KELLER. Mr. Chairman, I doubt frankly whether any attitude of industry in America on this question. I think man in this House is more in favor of a proper bill against they see the handwriting on the wall, and they are going to pollution of our streams than I am. In my own district I cooperate. I think there will not be any problem under this have had plenty of evidence of the necessity for many years. legislation. You can get more enforcement by this bill than It is not only not a new thing to me, but an old, unfortunate you can by any mandamus or injunctive procedure. That one. I am in agreement with the spirit of the bill under is the pathway to complete inaction. discussion here. I objected to the method of procedure for Mr. BATES of Massachusetts. Will the gentleman yield? the rule, I tlllnk perfectly justly, because it is a practice that Mr. CULKIN. Yes; I yield. seems to have grown up in the House that unless you are a The CHAffiMAN. The time of the gentleman from New member of the committee in charge of a bill, you have no York has expired. opportunity of expressing your opinion one way or the other, Mr. SEGER. Mr. Chairman, I yield the gentleman one-half even though your research may have gone to a very great minute. extent in the direction covered by the bill. Mr. CULKIN. Make it snappy. I only have half a minute. I think that is the wrong spirit. I protested against it, Mr. BATES of Massachusetts. That is more time than and I protest now. It seems to me that the chairman and some of us could get on this very important bill, which we minority members of the committee ought always to see to it are very much concerned about. The gentleman mentioned that the spirit of this House is honored and respected. The the situation in Connecticut. idea is to give half the time to those who are for a bill and Mr. CULKIN. The gentleman should not scold me. I am half the time to those who are against a bill, and that custom giving the gentleman my half minute. The sands are running should be followed. quickly. [Laughter.] Now, back to the bill itself. Mr. BATES of Massachusetts. The gentleman mentioned I believe in the cooperative spirit of this bill. I do not the situation in Connecticut and Massachusetts, that those believe, at the present time, that it would be advisable at all people are not able to comply. Under this bill, will you be to put down the mailed fist. I think we ought to do every­ able to compel them to comply? thing we can to assist those cities and communities which Mr. CULKIN. You cannot compel them; no. But the are not otherwise able to pay their own way, to help them weight of public opinion and the influence of the technical provide their own sewage systems, because I know the spirit leadership will accomplish the purpose. of my own district. Unfortunate as the economic condition [Here the gavel fell.J is at the present time they want to do away with stream Mr. SEGER. Mr. Chairman, I yield 4 minutes to the gen­ pollution as well as anyone under the sun. tleman from Ohio [Mr. BENDER]. I am going to support the spirit of this bill, and I hope Mr. BENDER. Mr. Chairman, this bill is a step in the right the bill will be amended in such way as to deserve my final direction. The gentleman from Michigan [Mr. DoNDERO] support. pointed out to the members of the Committee the number of Mr. PARSONS. I would be glad to have the gentleman organizations which are backing this legislation. I could give explain the type of amendment he would like to see adopted. you numerous others in almost every State in the Union which Mr. ~LLER. I ·am going to refer to that right away. are asking for this type of legislation to be enacted at this I have in my district, as some of you know, a great coal­ time. You know we spent a lot of money to get rid of fruit mining region. Into a small stream, the Big Muddy River, insects, in fact, we spend $412,000 a year. We spend $395,000 all the raw sewage of 100,000 population is poured, and it is a year for Japanese beetle control. We spend $70,000 a year not difficult to understand what the condition is below the to get rid of the sweetpotato weevil, and $375,000 a year to place of entry. I know it thoroughly from many years of LXXXVI--139 2196 ~ONGRESSIONAL RECORD-HOUSE JfEBRUARY 29 observation and experience. I am, therefore, going to do further, under provisions of the House bill, make a periodic what I can to see to it that a rational bill is put forward test of the water at any and all bathing beaches. here-one that will meet the conditions and that will be Is it any wonder that we all have· received letters calling national in scope. · I want to point out, however, on page 3 upon us to vote for the stream pollution bill. The lure ex­ of this new bill-that we are not considering now-the first tends to the fishermen, the State engineers, and contractors, sentence, beginning with "encourage compacts between the and many others. The House bill provides for loans from the several States," and then following that, subsection (c) : Reconstruction Finance Corporation. The original House bill (c) The consent of the Congress is hereby given to two or more gave us some idea how far reaching the law will be because it States to enter into agreements or compacts, not in conflict with provided for an appropriation of $50,000,000 annually. But any law of the United States, for cooperative effort and mutual do not forget the Senate bill has no limitation as to amount. assistance for theprevention and abatement of water pollution and the enforcement of their respective laws relating thereto, and to The language in the Senate bill paragraph (e) of Section 7 establish such agencies, joint or otherwise, as they may deem authorizes to be appropriated annually such sums as may be desirable for making effective such agreements and compacts. necessary in the form of grants-in-aid and loans. Think of it The sentence quoted from subsection (b) should be elim­ no limitation whatsoever, and remember, no matter what kind inated, and all of subsection (c) should be eliminated for the of a bill the House passes the bill goes to conference. Be­ simple reason that the Constitution of the United States pro­ tween the language in the House bill and the Senate bill the vides for the entering into of compacts between the States. conferees will certainly have unlimited discretion. I predict lf the consent of Congress is given in advance that States that, in the end, you will have a conference report that will may enter into compacts Congress has lost the power to practically saddle, on the Federal Government, the entire cost modify those compacts afterward. That power is taken away of eliminating stream pollution. from Congress entirely. That is not in keeping with the Those of you who are insisting upon a reduction in expendi­ spirit of our times because no man can foresee what ought tures should stop, look, and listen. to be done as these things develop. This question of stream When the taxpayer wakes up to what Congress is doing in pollution is a national question and should always remain in this legislation you will hear plenty. Now the propaganda is control of the Federal Government. one-sided, all in favor of the bill. The taxpayer expects us Mr. ZIMMERMAN. Mr. Chairman, will the gentleman to protect them from Treasury raids. yield? To hear me talk undoubtedly you would be justified in Mr. KELLER. Yes; for a question only. saying I am opposed to stopping stream pollution. On the Mr. ZIMMERMAN. The gentleman from Illinois is not in contrary I am for it but I do not feel it is the duty of the Fed­ favor, then, of the bill that is under consideration, the Senate eral Government to assume the responsibility and burden in bill? bringing it about. Mr. KELLER. I think perhaps they have it better in this We legislate for the District of Columbia. I happen to be new bill as far as I am able to read it, the one which is to be the author of the law that provided the District government offered as a substitute for S. 865. I hope the gentleman will could borrow up to $8,000,000 to construct a sewage-disposal read my statement and give it careful consideration. Unless plant so as to stop pollution of the Potomac River. What somebody else does, I shall present amendments for cons:d­ happened as a result of my biii? The District Commissioners eration of this body, eliminating those unfortunate provisions provided for a three-and-one-half-million-dollar project in regard to compa.cts between States. [Applause.] about one-third of which was a grant from the P. W. A., not [Here the gavel fell.] in my mind a sufficient amount to properly take care of the Mr. CARTER. Mr. Chairman, I yield such time as he may situation. Only a few moments ago I talked to the sanitary desire, to the gentleman from Missouri [Mr. CocHRANJ. engineer of the District. I asked him what results have been Mr. COCHRAN. Mr. Chairman, I have carefully analyzed accomplished. He replied it was working fine. I wanted to this bill. This is what you term popular legislation because in know why the Potomac was still subject to pollution near the end your State and my State, if the bill becomes a law, Georgetown. He replied he knew of no pollution there. will get something for nothing, at least that is the thought of Why there is a sewer that· goes under the driveway along the many who urge its passage. On the contrary at least some Potomac and when I pass that place every morning the river of the States will foot the bill. I refer to those States whose is full of gulls. If the Potomac was not being polluted at that contributions to the Federal Treasury exceed the gratuities point why would the gulls be at the mouth of that sewer? He that are passed out in various forms. promised to investigate. To my way of thinking this law will soon be as popular as Regardless of whether it is functioning properly, I cite my the act providing Federal aid for the construction of roads. efforts to stop pollution in the Potomac as evidence I favor Remember this is an authorization bill. Section 1 sets elimination of untreated sewage. up another bureau within a bureau known, however, as a The bill provides $250,000 for additional help but it further division. I speak now of the substitute which will be offered provides for the detail of engineers and experts of any Govern­ I understand, by the Committee on Rivers and Harbors. Sec­ ment agency to assist the new division, those detailed to be tion 2 provides the set-up, the duties, and if you will read it paid from the appropriations of the offices to which they are carefully you will see how far-reaching the legislation is. now assigned. The question is just how large a personnel In cooperation with other government agencies plans will be would be needed to carry out the provisions of the bill. The prepared for eliminating or reducing pollution of navigable $250,000 is only a starter. The build-up for this popular streams of the United States and waters tributary thereto. agency will be fast and furious. This covers all waters in the country with the exception of This legislation goes too far. We should remember the lakes, as all streams eventually empty into navigable rivers activities that properly belong to the State that the Govern­ and bays. ment has already taken over and not add to that list. In this section you also find the bait. Specifically men­ There is a provision in the bill the Congress can call for tioned you find the plans must have due regard for iml}rove­ · surveys. Provisions similar to those in the River and Harbor ments which are necessary to conserve such waters and pro­ Act. Congress will call for surveys, reports will be made to mote for their public use for water supplies, propagation of the Committee on Rivers and Harbors, and then you will have fish, and aquatic life, recreational purposes, agricultural, in­ an omnibus bill to stop stream pollution just as you have an dustrial, and other legitimate uses. omnibus bill to improve rivers and harbors. This division, upon request of any State health authority, A year ago I led the fight against the Vinson-Barkley bill. shall conduct investigations and make surveys of any specific My efforts appeared hopeless at the outset but on a roll call I problem of water pollution, confronting any State, community was only defeated by a few votes. Fortunately the President or municipality, and make definite recommendations for the vetoed that bill. That was in 1939. Now in 1940 you have correction and elimination of pollution. The division must another bill. 1940 CONGRESSIONAL RECORD-HOUSE 2197 I fear the ultimate result if this legislation passes. Recall Mr. HARRINGTON. Mr. Speaker, I ask unanimous con­ what happened to Federal aid for roads. Congress started sent to extend my own remarks in the RECORD, and to in­ with an appropriation of $75,000,000 for the first 5 years. clude therein a letter from the bureau of transportation Five million the first year, ten million the second, fifteen the and public service of the New Bedford Board of Commerce, third year, twenty the fourth year, and twenty-five millions and I also ask unanimous consent to extend my own re­ the fifth year. That was the start. Look at the finish. That marks in the RECORD and to include a letter addressed to was not so long ago. Look where we are now. Not counting Senator WHEELER by the Merchants' Association of New the special appropriations our average appropriation for Fed­ York. eral-aid highways is now around $125,000,000. That is what The SPEAKER pro tempore. Is there objection to the will happen under such legislation as this. The time to pre­ request of the gentleman from Iowa lMr. HARRINGTON]? vent it is now. This bill should be defeated and I hope it is. There was no objection. [Applause.] Mr. BATES of Kentucky asked and was given permission to Mr. GAVAGAN. Mr. Chairman, I move that the Com­ extend his own remarks in the RECORD. mittee do now rise. Mr. MUNDT. Mr. Speaker, I ask unanimous consent to The motion was agreed to. revise and extend the remarks I made in Committee today, Accordingly the Committee rose; and the Speaker pro and, also, I ask unanimous consent to extend my remarks in tempore, Mr. ZIMMERMAN, having resumed the Chair, Mr. the Appendix of the REcORD and to include therein the re­ O'NEAL, Chairman of the Committee of the Whole House vised wording of the Mundt amendment to the Barkley bill. on the state of the Union, reported that that Committee, The SPEAKER pro tempore. Is there objection to there­ having had under consideration the bill (S. 685) to create quest of the gentleman from South Dakota [Mr. MuNDT]? a Division of Water Pollution Control in the United States There was no objection. Public Health Service, and for other purposes, had come to Mr. KELLER. Mr. Speaker, I ask unanimous consent to no resolution thereon. revise and extend the remarks I made in Committee today, MELVIN JOSEPH MAAS, JR. and also to extend my remarks immediately following an amendment offered yesterday to the Finnish bill by the Mr. LUDLOW. Mr. Speaker, I ask unanimous consent to gentleman from New Jersey, because I lived 12 years in Old address the House for 2% minutes. Mexico and know the conditions in Latin America perhaps The SPEAKER pro tempore. Without objection, it is so better than any man in America. ordered. There was no objection. The SPEAKER pro tempore. Is there objection to the Mr. LUDLOW. Mr. Speaker, I do not think the House request of the gentleman from Illinois [Mr. KELLER]? should adjourn today without appropriate recognition of a There was no objection. joyous event which occurred at 4:50 this morning at Provi­ Mr. GAVAGAN. Mr. Speaker, I ask unanimous consent to dence Hospital when Melvin Joseph Maas, Jr., or plain insert in the RECORD at this point the proposed committee Joseph Maas, as the name will finally be determined, began amendment to the pending bill S. 685, for the information his mundane career under favorable auspices, weight 7% of the House. pounds, muscles and vocal organs in fine trim, the first The SPEAKER pro tempore. Is there objection to there- leap year baby of the .crop of 1940 to be born in the Capital quest of the gentleman from New York [Mr. GAVAGAN]? City of our Nation. There was no objection. At last accounts the baby's father, our beloved colleague The matter referred to follows: the gentleman from Minnesota, Representative MELVIN J. Proposed amendment to S. 685, an act to create a Division of MAAS, was doing well, in possession of all of his faculties, Water Pollution Control in the United States Public Health Service, and for other purposes: In S. 685, strike out all after the enacting proudly conscious of the honor that goes with the parenthood clause and insert in lieu thereof the following: of an only son. When he came down from the stratosphere "That there is hereby established in the United States Public long enough to be interviewed he said that he was uncertain Health Service a Division of Water Pollution Control (hereinafter whether he would bring up his boy to be a general in the referred to as the Division). The Division shall be in charge of a Director, who shall be a commissioned engineer officer of the United Marine Corps or an admiral in the Navy. States Public Health Service detailed for such duty by the Surgeon Though young in age and experience, Melvin Joseph, or General of the Public Health Service (hereinafter referred to as the Joseph, as the case may be, gave lusty evidence of his faith Surgeon General). Such engineer officer, while serving as Director, in the principles of the political party to which he belongs, shall have the rank of an Assistant Surgeon General of the Public Health Service, subject to the provisions of law applicable to which led his attendants rather to believe that he will be Assistant Surgeons General in charge of administrative divisions neither a general nor an admiral when he grows up but a in the District of Columbia of the Public Health Service. worthy Member of this great legislative body in which his "SEC. 2. (a) The Division shall, after careful investigation, and in cooperation with the Chief of Engineers of the War Department, father has served so long and with such outstanding dis­ other Federal agencies, and the agencies of the several States au­ tinction. thorized by law or duly designated to deal with water pollution, I hold in my hand a picture taken today of the gentleman and in cooperation with the municipalities and industries involved, from Minnesota, Representative MAAS, with his offspring in prepare comprehensive plans for eliminating or reducing the pollu­ tion and improving the sanitary condition of the navigable waters his arms, and I defy anyone who looks at that picture to say of the United States and streams tributary thereto. In the develop­ that our colleague is not satf:;fied. Let us show our affection­ ment of such comprehensive plans, due regard shall be given to the ate regard for the father and salute the son by giving both a improvements which are necessary to conserve such waters and promote their use for public water supplies, propagation of fish rousing hand. [Applause.] and aquat ic life, recreational purposes, agricultural, ind ustrial, and EXTENSION OF REMARKS other legitimate uses, and for this purpose the Division is au­ thorized to make joint investigations with the aforesaid agencies Mr. ALLEN of Pennsylvania. Mr. Speaker, I ask unani­ of the Federal Government and any State or States of the condition mous consent to extend my own remarks in the RECORD and of any waters of the United States, either navigable or otherwise, to include an article on bituminous coal by Arnold Gerstel, and of the discharges of any sewage, industrial wastes, or substance of Philadelphia, Pa. which may deleteriously affect such waters. "(b) The Division shall encourage cooperative activities by the The SPEAKER pro tempore. Is there objection to there­ several States for the prevention and abatement of water pollu­ quest of the gentleman from Pennsylvania [Mr. ALLEN]. tion; encourage the enactment of uniform State laws relating to There was no objection. water pollution; encourage compacts between the several States for the prevention and abatement of water pollution; collect and Mr. ALLEN of Pennsylvania. Mr .. Speaker, I ask unani­ disseminate information; make available to State agencies, mu­ mous consent to extend my own remarks in the RECORD, and nici~alities, industries, and individuals the results of such surveys, to include an article on the Izaak Walton League. studies, investigations, and experiments conducted by the Division The SPEAKER pro tempore. Is there objection to the and by other agencies, public and private; and furnish such assistance to State agencies as may be authorized by law. request of the gentleman from Pennsylvania [Mr. ALLEN]? "(c) The consent of the Congress is hereby given to two or more There was no objection. States to enter into agreements or compacts, not in conflict with 2198 CONGRESSIONAL RECORD-HOUSE FEBRUARY 29 any law of the United States, for cooperative effort and mutual administering the provisions of this act, including: (a) Expenses of assistance for the prevention and abatement of water pollution and investigations made under this act, including (1) printing and the enforcement of their respective laws relating thereto, and to binding of the findings of such investigations, (2) the pay and establish such agencies, joint or otherwise, as they may deem allowances, travel expenses of personnel of the Public Health Serv­ desirable for making effective such agreements and compacts. ice (including commissioned officers) while engaged in field inves­ "SEc. 3. (a) The Division, upon request of any State health tigation, (3) (upon the approval of the Surgeon General) the authority and subject to the approval of the Surgeon General, expenses of packing, crating, drayage, and transportation of the shall conduct investigations and make surveys of any specific personal effects of such personnel and personnel of other Govern­ problem of water pollution confronting any State, drainage-basin ment departments on duty with the Public Health Service upon authority, community, or municipality with a view to effecting a permanent change of station under competent orders in connection solution of such problem, and shall make definite recommenda­ therewith while engaged in such investigations, and (4) purchases tions for the correction and elimination of the deleterious condi­ required for such investigations, without regard to the provisions of tions found to exist. section 3709 of the Revised Statutes (U. S. C., 1934 edition, title 41, "(b) The Division, upon the request of any municipality, shall sec. 5) •. when the aggregate amount involved does not exceed $100; make a periodic test of the water at any bathing beach within the {b) upon approval of the Surgeon General the necessary expenses limits of such municipality, and shall make a report to such of the Board of engineer officers provided for in section 6 (a) of this municipality as promptly as possible with respect to the existence act; (c) the pay and allowances, and travel expenses of reserve of water pollution at such bathing beach and shall make definite engineer officers while on active duty under section 8 (a) of this recommendations for the correction and elimination of any deleteri­ act; and (d) for the reimbursement of appropriations insofar as ous conditions which are found to exist: Provided, That only such expended for pay and allowances of personnel detailed to the Divi­ sums as may be specifically appropriated for such purposes shall be sion under section 8 (c) or 8 {d) of this act. expended in making such tests and recommendation3. "SEc. 8. (a) For the administration of this act the Federal "SEc. 4. The Public Health Service shall prepare and publish, Security Administrator may, upon recommendation of the Surgeon from time to time, reports of such surveys, studies, investigations, General, appoint such engineers, attorneys, experts, research assist­ and experiments as shall be made under the authority of this act, ants, examiners, and consultants as may be necessary, and fix their together with appropriate recommendations with regard to the compensation, in the manner provided by law for the appointment control of pollution of the waters of the United States. and fixing of compensation of personnel of the Public Health Service; "SEc. 5. Every loan or purchase of securities by Reconstruction and the Surgeon General is authorized to transfer, assign, or Finance Corporation to finance the construction of treatment detail to the Division, from any other division of the Public Health works shall hereafter be made only upon the recommendation of Service, such professional and scientific personnel as may be avail­ the State health authority having jurisdiction and upon the recom­ able. Not exceeding 10 engineer officers in the reserve of the Public mendation of the Surgeon General and his certification that such Health Service may be ordered to active duty for such periods of construction is necessary to prevent the discharge of untreated or time as may be desirable, extending not more than 5 years beyond inadequately treated sewage or other waste which would substan­ the date of enactment of this act, to assist in carrying out the tial y impair the quality of any waters of the United States. purpose thereof. "SEc. 6. (a) There is hereby established in the Division, by detail "(b) Such clerks, stenographers, and other employees as may be from time to time, a board of five, four of whom shall be commis­ necessary to discharge the duties of the Division and for the inves­ sioned engineer officers of the Publie Health Service, a majority of tigations in the field shall be appointed by the Federal Security whom shall be experienced in sanitary engineering, and the fifth, Administrator in accordance with the civil-service laws and their the Chief of Engineers, United States Army, or a member of the compensation shall be fixed in accordance with the Classification Corps of Engineers designated by him, all said members to serv_e Act of 1923, as amended, and he shall prescribe such rules and Without additional compensation. The duties of said Board shall regulations with respect to their duties as he may find necessary. be fixed by the Surgeon General, and to it shall be referred for con­ " (c) ·The personnel of the Public Health Service paid from any sideration and recommendations, in addition to any other duties appropriation not made pursuant to section 7 may be detailed to assigned, so _far: as in the opinion of the Surgeon General may be assist in carrying out the purpose of this act. necessary, all reports of examinations, investigations, plans, studies, "(d) The Federal Security Administrator, with the consent of and surveys made pursuant to the provisions of this act or hereafter the head of any other executive department of the Federal Gov­ provided for by the Congress, and all applications for loans for the ernment, may utilize such officers and employees of said depart­ construction of necessary treatment works proposed to be made ment as may be found necessary to assist in carrying out the pursuant to section 5 of this act, and all other matters in con­ purposes of this act. nection therewith upon which report is desired by the Surgeon "SEc. 9. When used in this act, the term "State health authority" General. The Board shall submit to the Surgeon General recom­ means the official. State health department, State board of health, mendations as to the desirability of commencing, continuing, or or such other official State or interstate agency as is empowered with extending any and all projects for treatment works upon which the duties of enforcing State laws pertaining to public health or to reports are desired and for which loan applications have been made. the abatement of pollution of waters; the term "treatment works" In the consideratian of such proposed treatment works and proj­ means the various devices used in the treatment of sewage or ects the Board shall have in view the benefits to be derived by the industrial waste of a liquid nature, including the necessary inter­ construction t~ereof in accomplishing the purpose of this act, and cepting sewers, outfall sewers, pumping, and power equipment and the relation of the ultimate cost of such works, both as to the cost their appurtenances; the term "person" means an individual in the of construction and maintenance, to the public interests involved, capacity of proprietor of an industrial enterprise, a partnership, a the public necessity for such works, and the adequacy of the pro­ private corporation, an association, a joint-stock company, a trust, visions made or agreed upon by the applicant- for the loan for or an estate. assuring proper and efficient operation and maintenance of the "SEc. 10. No provision of this act shall be construed as superseding works after completion of the construction thereof. The Board or limiting the functions, under any other act, of the Public Health shall, when it considers the same necessary, and with the approval Service relating to the prevention, control, and investigation of and under orders from the Surgeon General, make as a board or sewage and pollution either directly or indirectly of the navigable through its members, personal examinations of localities where v.:-aters of the United States and streams tributary thereto. the proposed treatment works are to be located. All plants, costs "SEC. 11. If any provision of this act, or the application thereof estimates, information, and arguments which are presented to the to any person or circumstance, is held . invalid, the remainder of Board for its consideration in connection with any matter referred the act, and the application of such provision to other persons or to it by the Surgeon General shall be reduced to and submitted in circumstances, shall not be affected thereby. · writing, and shall be made a part of the records of the Office of the "SEc. 12. All provisions of this act applicable to the States shall Surgeon General. also be applicable to the District of Columbia and the Territories, "(b) As soon as practicable the Board shall classify the navigable including Puerto Rico and the Virgin Islands. waters of the continental United States into districts to be known "SEc. 13. This act may be cited as the Water Pollution Act." as sanitary water districts. The Board shall fix and define the boundaries of each such district and may from time to time alter EXTENSION OF REMARKS such boundaries. The areas of such districts shall, insofar as prac­ ticable, conform to the areas of watersheds not wholly contained Mr. SPENCE. Mr. Speaker, I ask unanimous consent to within the boundaries of one State. revise and extend my remarks and to include therein an "(c) All special reports ordered by the Congress pursuant to the editorial from the Cincinnati Enquirer of last Saturday on provisions of this act shall, at the discretion of the Surgeon Gen­ eral, be reviewed in like manner by the said Board; and the said the pending legislation. Board shall also, on request by resolution of the Committee on The SPEAKER pro tempore. Is there objection to the Commerce of the Senate or the Committee on Rivers and Harbors request of the gentleman from Kentucky [Mr. SPENCE]? of the House of Representatives submitted to the Surgeon General, There was no objection. examine and review the report of any examination, investigation, • survey, or project for the elimination or reduction of water pollution Mr. BENDER asked and was given permission to revise and or for the construction of treatment works made pursuant to any extend his remarks in the RECORD. act or resolution of the Congress, and shall report through the Surgeon General, who shall submit its conclusions thereon through PERMISSION TO ADDRESS THE HOUSE the Federal Security Administrator and the President as in other Mr. GAVAGAN. Mr. Speaker, at the request of the gen­ cases. "SEc. 7. There is hereby authorized to be appropriated for each tleman from Pennsylvania [Mr. SNYDER], who had a 30- fiscal year, beginning with the fiscal year ending June 30, 1941, the minute special order today, I ask unanimous consent that he sum of $250,000 for all necessary expenses of the Divi&ion in may have the privilege of addressing the House tomorrow 1940 CONGRESSIONAL RECORD-HOUSE 2199 after disposition of business on the Speaker's table, and at H. R. 7542, to amend section 6 of an act of Congress en­ the conclusion of the legislative business in order for the day titled "An act for the protection of the fisheries of Alaska, and any previous orders heretofore entered. and for other purposes," approved June 6, 1924. The SPEAKER pro tempore. Is there objection to the H. R. 7987, to amend section 1 of the act of June 6, 1924, as request of the gentleman from New York [Mr. GAVAGAN]? amended, relative to the fisheries of Alaska. There was no objection. H. R. 7988, making provision for employment of the resi­ LEAVE OF ABSENCE dents of AlaEka in the fisheries of said Territory, and for By unanimous consent, leave of absence was granted to other purposes. Mr. CRAVENS