J I I ~- e,()py ?.. . . atnngrtsstnnnl .Jrrnrd SEVENTY-FIFTH CONGRESS, THIRD SESSION
SENATE Missouri.-Bennett Champ Clark and Harry S. Truman. Montana.-Burton K. Wheeler and James E. Murray. MONDAY, JANUARY 3, 1938 Nebraska.-George W. Norris and Edward R. Burke. The 3d of January being the day prescribed by the Con Nevada.-Key Pittman and Patrick McCarran. stitution of the United States for the annual meeting of Con New Hampshire.-Fred H. Brown and H. Styles Bridges. gress, the third session of the Seventy-fifth Congress com New Jersey.-A. Harry Moore and W. H. Smathers. menced this day New Mexico.-Carl A. Hatch and Dennis Chavez. The Senate assembled in its Chamber at the Capitol. New York.-Royal S. Copeland and Robert F. Wagner. JoHN N. GARNER, of Texas, Vice President of the United North Carolina.-Josiah William Bailey and Robert R. States, called the Senate to order at 12 o'clock meridian. Reynolds. North Dakota.-Lynn The Chaplain, Rev. Z~Barney T. Phillips, D. D., of the city J. Frazier and Gerald P. Nye. of Washington, offered the following Ohio.-Robert J. Bulkley and Vic Donahey. Oklahoma.-Elmer Thomas and Josh Lee. PRAYER Oregon.-Charles L. McNary and Frederick Steiwer. Eternal God and Heavenly Father, who art the Goal of Pennsylvania.-James J. Davis and Joseph F. Guffey. all our striving, the Satisfaction of all our desire: Grant that, Rhode Island.-Peter G. Gerry and Theodore Francis with responsive hearts and enfranchised eyes, ·we may appre Green. hend Thee everywhere and see the unseen in the seen as South Carolina.-Ellison D. Smith and James F. Byrnes. our thoughts take wing and rise and float, secure above South Dakota.-W. J. Bulow and Herbert E. Hitchcock. earth's mystery, through the avenue of prayer, all radiant Tennessee.-Kenneth McKellar and George L. Berry. with Thy glorious promises. Another year, with its joy Texas.-Morris Sheppard and Tom Connally. and pain, its hopes and fears, has passed to its rest in Thine Utah.-William H. King and Elbert D. Thomas. eternity; and, though it was saddened and stained in its going Vermont.-Warren R. Austin and Ernest W. Gibson. from us, by the passions of our world's workaday life, we Virginia.-Carter Glass and Harry Flood Byrd. beseech Thee to purify our hearts and to strengthen our Washington.-Homer T. Bone and Lewis B. Schwellenbach. wills on this new day of golden opportunity as we rededicate West Virginia.-Matthew M. Neely and Rush D. Holt. our lives to the service of our country and our God. Wisconsin.-Robert M. La Follette, Jr., and F. Ryan Duffy. Let Thine abundant blessings be upon our President, our Wyoming.-Joseph C. O'Mahoney and Harry H. Schwartz. Vice President, the Members of the Congress, the Judiciary, CALL OF THE ROLL and all who share the responsibility of government, and be with Thy children everywhere, for we can never pass beyond Mr. BARKLEY. I suggest the absence of a quorum. Thy care. The VICE·PRESIDENT. The clerk will call the roll. Give to us all the gladness that is Thine, and link our days The legislative clerk
( 4 CONGRESSIONAL RECORD-SENATE JANUARY 3 The Senator from Florida [Mr. ANDREWS], the· junior Sen appealed from the lower courts; and what has been the loss in ator from Mississippi [Mr. BILBO], the Senator from Wash revenue to said Authority on account of said suits. ( 5) What has been the financial loss to the municipalities and ington [Mr. BoNE], the Senator from New Hampshire [Mr. farm organizations which have been prevented by said suits from BROWN], the senior Senator from Rhode Island [Mr. GERRY], purchasing electric power of said Authority. the Senator from Pennsylvania [Mr. GUFFEY], the senior · (6) What has been the _effect upon the personnel and the organization perfected by the board under said act by the prosecu Senator froni Mississippi [Mr. HARRISON], the junior Senator tion of said injunction suits, or by the action of any member of from Oklahoma [Mr. LEEJ, the Senator from Louisiana [Mr. said board in giving air or assistance to private power companies OVERTON], the Senator from New Jersey [Mr. SMATHERS], and therein. the senior Senator from Oklahoma [Mr. THOMAS], are un (7) What have been the activities, if any, of the private power companies, in attempting by the~ expenditure of money, the insti avoidably detained. tution· of legal proceecUngs, or other means and methods, to pre Mr. McNARY. I announce that the Senator from New vent municipalities and farm .organizat ions in the Tennessee Valley Hampshire [Mr. BRIDGEs] is detained from the Senate on from buying electric power of said Authority. · (8) What efforts, if any, have been made by private power com o:fflcial business. panies to prevent municipalities or farm organizations desiring to · The VICE PRESIDENT. Seventy-eight Senators have purchase power of said Authority from acquiring title to their answered to their names. A quorum is present. distributing systems. (9) To what extent, if any, have the public · interests been NOTIFICATION TO THE PRESIDENT injured or jeopardized by the activities of the. private power com panies in attempting to prevent the board from carrying out the Mr. BARKLEY submitted the following resolution (S. Res. provisions of said act. 212), which was read, considered by unanimous consent, and The Federal Trade Commission shall make its report to the agreed to: Congress immediately after said investigation has been concluded, and in said report said Commission shall make such recommenda Resolved, That a committee consisting of two Senators be tions as it may deem proper, including any recommendations as to appointed to join' such. committee as may be appointed by the the desirability of any change iii any of the provisions of said House of Representatives to wait upon ·the President of the United Tennessee Valley Authority Act. States and inform him that a quorum of each House is assembled SEc. 2. There is :P.ereby authorized to be appropriated out of any and that the Congress is ready to receive any communication he moneys in the Treasury not otherwise appropriated the sum of may be pleased to make. · $200,000, to be available until expended, which sum shall be avail able for expenditure as the Federal Trade Commission may direct, The VICE PRESIDENT appointed Mr. BARKLEY and Mr. for expenses and all necessary disbursements, in carrying out the McNARY the committee on the part of the Senate. provisions of this resolution or in defending any litigation neces NOTIFICATION TO THE HOUSE sary in aid of the powers conferred hereunder. LEAVE OF ABSENCE FOR SENATOR WHITE Mr. McNARY submitted the following resolution (S. Res. 213), which was read, considered by unanimous consent, and Mr. WHITE. Mr. President, I have been designated by agreed to: the President of the United States as chairman of the dele gation of tlie United States to attend the International Radio Resolved, That the Secretary inform the House of Representa tives that a quorum of the Senate is assembled and that the Senate Conference soon to be held. I therefore ask unanimous con is ready to proceed to business. · sent that I may have leave of absence from the sessions of HOUR OF DAILY MEETING the Senate during the period of the conference and for such time as may be necessary in going to and returning there Mr. LEWIS submitted the following resolution (S. Res. from. 214), which was read, considered by unanimous consent, and The VICE PRESIDENT. Is there objection? The Chair agreed to: hears none, and leave of absence is granted the Senator Resolved, That the hour of daily meeting· of the Senate be 12 from Maine. o'clock meridian unless otherwise ordered. RECESS INVESTIGATION OF OPERATIONS OF TENNESSEE VALLEY AUTHORITY Mr. BARKLEY. Mr. President, I ask unanimous consent Mr. NORRIS. Mr. President, I ask unanimous consent to that the Senate stand in recess subject to the call of the introduce a joint resolution, and ask that the clerk read it Chair. at the desk. At the conclusion of its reading I ask that it The VICE PRESIDENT. Is there objection? be referred to the Committee on Agriculture and Forestry. There being no objection, the Senate (at 12 o'clock and There being no objection, the joint resolution (S. J. Res. 15 minutes p. m.) took a recess until 12:45 o'clock p. m., 239) authorizing the Federal Trade Commission to make when it reassembled, and the Vice President resumed the an investigation of the Tennessee Valley Authority was chair. read the first time by its title, the second time at length, MESSAGE FROM THE HOUSE and referred to the Committee on Agriculture and Forestry, A message from the House of Representatives, by Mr. as follows: Calloway, one of its reading clerkS, informed the Senate that Resolved, etc., That the Federal Trade Commission is hereby au a quorum of the House of Representatives had assembled thorized and directed to make an investigation of the operations and that the House was ready to proceed with business. of the Tennessee Valley Authority with a view of ascertaining: The message alsO informed the Senate that a committee (1) Whether said Authority is carrying out with reasonable of three Members had been appointed by the Speaker, on economy and efficiency the provisions of the Tennessee Valley Au thority Act, appr-oved May 18, 1933, and the amendatory act, the part of the House of Representatives, to join with the approved August 31, 1935. committee on the part of the Senate to notify the President (2) Whether the work of said Authority has been handicapped of the United States that a quorum of each House had as or interfered with in any way by any internal dissension among members of the board of said Tennessee Valley Authority; 1! so, sembled and that ·Congress was ready to receive any com the cause, if any, of such dissension, and what effect it has had munication that he might be pleased to make, and that the upon the work of said Authority. Speaker had appointed Mr. RAYBURN, Mr. DOUGHTON, and (3) Whether any member of said board is holding office in Mr. SNELL the members of the committee on the part of the violation of subsection H, section 2, of said act; and whether any member of said board has given aid or assistance, either directly House of Representatives. or indirectly, to private power companies in suits for injunctions The message further announced that the House had agreed instituted by said private power companies. to a concurrent resolution (H. Con. Res. 29), in which it (4) What suits, if any, have been instigated by private power companies in State and Federal courts praying for injunctions requested the concurrence of the Senate, as follows: against the activities of said board; what effect, if any, said injunc Re.solved by the House of Representatives (the Senate concur tions have had upon the carrying out of said act according to its ring), That the two Houses of Congress assemble in the Hall of terms; what disposition has been made up to date of said injunc the House of Representatives on Monday, the 3d day of January tion suits; what has been the expense to said Tennessee Valley 1938, at 1:30 o'clock p. m., for the purpose of receiving such Authority in defending said suits; what has been the disposition communications as the President of the United States shall be of said suits in the superior courts to which said cases have been pleased to make to them. 1938 CONGRESSIONAL UECORD-SENATE 5 NOTIFICATION TO THE 'PRESIDENT the United States the following enrolled bill and joint Mr. BARKLEY and Mr. McNARY advanced to the center resolution: aisle, and On December 21, 1937: Mr. BARKLEY said: Mr. President, the committee ap S. 3114. An act to extend the times for commencing and pointed by the Vice President to notify the President of the completing the con,struction of a bridge across the Tennessee United States that the Senate is in session has. performed River between Colbert County and Lauderdale County, Ala. that duty. The President advised the committee that he On December 22, 1937: would communicate with the two branches of the Congress S. J. Res. 67. Joint resolution conferring jurisdiction upon at a session to be held later in the day. the Court of Claims to hear and determine the claim of the JOINT MEETING OF THE TWO HOUSES estate of John F. Hackfeld, deceased. The VICE PRESIDENT. The Chair lays before the Sen JOINT RESOLUTION nqTRODUCED ate a concurrent resolution from the House of Representa Mr. WAGNER introduced a joint resolution (S. J. Res. 240) tives, which will be read. authorizing the erection of a memorial to the late Guglielmo The concurrent resolution (H. Con. Res. 29) was read, con Marconi, which was read twice by its title and referred to the sidered by unanimous consent, and agreed to, as follows: Committee on the Library. Resolved by tlie House of Representativ~s (the Senate concur MESSAGES FROM THE PRESIDENT-APPROVAL OF BILL ring), That the two 'Houses of Congress assemble in the Hall of Messages in writing from the President of the United the House of Representatives on Monday, the 3d day of January 1938, at 1:30 o'clock p . m., for the purpose of receiving such States were communicated to the Senate by Mr. Latta, one of communications as the President of the United States shall be his secretaries, who also announced that the President on pleased to make to them. December 22, 1937, had approved and signed the act (S. 3114) RECESS to extend the times for commencing and completing the con Mr. BARKLEY. I ask unanimous consent that at 1:15 struction of a bridge across the Tennessee River between o'clock today the Senate assemble and proceed to the Hall of Colbert County and La~derdale County, Ala. the House of Representatives in order to hear the message of CLAIM OF ESTATE OF JOHN F. HACKFELD, DECEASED-VETO MESSAGE the President of the United States. (S. DOC. NO. 126) The VICE PRESIDENT. Is there objection?· The Chair The VICE PRESIDENT laid before the Senate a message hears none, and it is so ordered. · from the President of the United States, which was read, and, Mr. BARKLEY. I now ask unanimous consent that the with the accompanying joint resolution, referred to the Com Senate stand in recess until 1: 15 o'clock p. m.; and, for the mittee on the Judiciary and ordered to be printed, as follows: information of the Senate, I wish to say that after the Presi dent's message shall have been delivered it will be necessary To the Senate: for the Senate to reassemble in order to hear a veto message I return herewith without approval Senate Joint Resolu which the President has indicated he will send with reference tion 67, conferring jurisdiction upon the Court of Claims to a Senate joint resolution. to hear and determine the claim of the estate of John F. The VICE PRESIDENT. At that time probably there will Hackfeld, deceased. · be an opportunity to introduce .bills. The estate of John F. Hackfeld seeks to assert against the Mr. BARKLEY. Yes; if it is desired to do so. United States a claim for approximately $7,000,000 arising The VICE PRESIDENT. Without objection, the Senate out of a wartime seizure and subsequent sale of certain prop will stand in recess until 1: 15 o'clock p. m. erty by the Alien Property Custodian. The basis of the claim Thereupon (at 12 o'clock and 47 minutes p. m.) the Senate is an allegation that the Alien Property Custodian sold the took a recess until 1:15 p. m., when it reassembled, and the property for an inadequate price. The joint resolution under Vice President resumed the chair. consideration would confer jurisdiction on the Court of JOINT MEETING OF THE TWO HOUSES Claims to hear and determine the claim, and· in addition The VICE PRESIDENT. In accordance with the concur would waive certain defenses that the Government would rent resolution previously agreed to, the Senate will now pro otherwise interpose, including the defense of prior settle ceed to the Hall of the House of Representatives to partici ment. pate in a joint session with the House to receive the annual Aside from the question of general policy, whether special message from the President of the United States. legislation should be enacted to permit a reopening and re Mr. BARKLEY. Mr. President, that is with the under consideration of sales made by the Alien Property Custodian, standing that, following the joint session, the Senators will when through lapse of time the Government would be seri return here for a session of the Senate. ously handicapped in securing evidence in its behalf, there The VICE PRESIDENT. The understanding is that when are special circumstances that make the approval of the the joint session shan· have been concluded the Senators will present resolution inadvisable. • . return to the Senate Chamber. The question that is now being raised by the Hackfeld The Senate, preceded by the Sergeant at Arms (Chesley W. estate was advanced by Mr. Hackfeld in a suit decided by Jurney), the Vice President, and the Secretary (Edwin A. the California State courts some years ago, and to which both Halsey), proceeded to the Hall of the House of Representa Mr. Hackfeld and the Alien Property Custodian were parties. tives. It was held after a full trial on the merits that the price realized by the Alien Property Custodian was adequate. It ANNUAL ADDRESS BY THE PRESIDENT OF THE UNITED STATES thus appears that the claimant has had his day in court and The address of the President of the United States, this day has already secured a judicial determination of the issue delivered at a joint meeting of the two Houses of Congress, is which it is now endeavoring to interpose. No reason appears printed on page 8 of today's RECORD. why legislative action should be taken to permit a reopening LEGISLATIVE SESSION and a retrial of the matter in another forum. The Senate having returned to its Chamber