1940 CONGRESSIONAL RECORD-SENATE 3407 SENATE Mr. MINTON. I announce that the Senator from Virginia [Mr. GLASS] is absent becali.se of illness in his family. TUESDAY, MARCH 26, 1940 The Senator from North Carolina [Mr. BAILEY], the Sena­ (Legislative day of Monday, March 4, 1940) tor from Nebraska [Mr. BURKE], the Senator from Pennsyl­ vania [Mr. GuFFEY], the Senator from Alabama [Mr. HILL], The Senate met at 12 o'clock meridian, on the expiration the Senator from Maryland [Mr. RADCLIFFE], the Senator of the recess. · from New Jersey [Mr. SMATHERS], and the Senator from Mis­ The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the souri [Mr. TRUMAN] are detained from the Senate on public following prayer: business. Almighty God, our heavenly Father, who knowest our neces­ The Senator from Michigan [Mr. BROWN] and the Senator sities before we ask and our ignorance in asking: Help us from Montana [Mr. WHEELER] are unavoidably detained. to perceive what we most really need, that we may truly un­ The VICE PRESIDENT. Eighty-three Senators have burden our hearts in Thy presence, and at Thy feet may feel answered to their names. A quorum is present. no disquiet with Thy goodness and mercy about us. Make us PETITIONS AND MEMORIALS especially mindful of the needs of others, as we thank Thee for those who love us and in whose love we find a quiet The VICE PRESIDENT laid before the Senate the following sanctuary when the ills of life oppress us, that we may bear resolution of the Legislature of the State of Rhode Island, one another's burdens and so fulfill the law of Christ. Pity which was referred to t~e Committee on the Judiciary: and pardon us, dear Lord, if at close of day our achievements Resolution proposing an amendment to the Constitution of the fall short of the morning's dream, and be Thou patient with United States relative to taxes on incomes, inheritances, and gifts us, for Thou knowest our frame, Thou rememberest that we Resolved by the Senate and House of Representatives of the State · of Rhode Island, That application be, and it hereby is, made to the are but dust. Congress of the United States of America to call a convention for Bless all the people of our beloved· land, prosper their en­ the purpose of proposing the following article as an amendment to deavors, sanctify their homes, purify their hearts, and renew the Constitution of the United States: a right spirit within them that, making them truly blessed, "ARTICLE - our Nation may become an instrument of blessing to the "SECTION 1. The sixteenth article of amendment to the Consti­ world. Through Jesus Christ our Lord. Amen. tution of the United States is hereby repealed. "SEC. 2. The Congress shall have power to lay and collect taxes THE JOURNAL on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or On request of Mr. BARKLEY, and by unanimous consent, the enumeration: Provided, That in no case shall the maximum rate reading of the Journal of the proceedings of the calendar of tax exc.eed 25 percent. day Monday, March 25, 1940, was dispensed with, and the "SEc. 3. The maximum rate of any tax, duty, or excise which Con­ gress may lay and collect with respect to the devolution or transfer Journal was approved. of property, or any interest therein, upon or in contemplation of or MESSAGES FROM THE PRESIDENT intended to take affect in possesson or enjoyment at or after death, or by way of gift, shall in no case exceed 25 percent. Messages in writing from the President of the United States, "SEc. 4. The limitations upon the rates of said taxes contained submitting nominations, were communicated to the Senate in sections 2 and 3 shall, however, be subject to the qualification by Mr. Latta, one of his secretaries. that in the event of a war in which the United States is engaged creating a grave national emergency requiring such action to avoid MESSAGE FROM THE HOUSE national disaster, the Congress by a vote of three-fourths of each A message from the House of Representatives, by Mr. Chaf­ House may for a period not exceeding 1 year increase beyond the limits above prescribed the maximum rate of any such tax upon fee, one of its reading clerks, announced that the House had income subsequently accruing or received or with respect to sub­ passed the following bills, in which it requested the concur­ sequent devolutions or transfers of property, with like power, while rence of the Senate: the United States is actively engaged in such war, to repeat such H. R. 8262. An act to regulate, in the District of Columbia, action as often as such emergency may require. "SEc. 5. Sections 1 and 2 shall take effect at midnight on the 31st the disposal of certain refuse, and for other purposes; day of December following the ratification of this article. Nothing H. R. 8792. An act to authorize and direct the Commis­ contained in this article shall affect the power of the United States sioners of the District of Columbia to accept and maintain a after said date to collect any tax on incomes for any period ending memorial fountain to the members of the Metropolitan Police on or prior to said 31st day of December laid in accordance with the terms of any law then in effect. Department; and "SEC. 6. Section 3 shall take effect at midnight on the last day . H. R. 8917. An act to authorize the construction of a wait­ of the sixth month following the ratification of this article. Nothing ing room and comfort station in Commodore Barney Circle, contained in this article shall affect the power of the United States to collect any tax on any devolution or transfer occurring prior to United States Reservation 55-56, and for other purposes. the taking effect of section 3, laid in accordance with the terms of CALL OF THE ROLL any law then in effect." Mr. MINTON. I suggest the absence of a quorum. And be it further Resolved, That the Congress of the United States be, and it hereby The VICE PRESIDENT. The clerk will call the roll. is, requested to provide as the mode of ratification that said amend­ The Chief Clerk called the roll, and the following Senators ment shall be valid to all intents and purposes, as part of the Con­ answered to their names: stitution of the United States, when ratified by the legislatures of three-fourt:Ps of the several States; and be it further Adams Ellender Lodge Schwartz Ashurst Frazier Lucas Schwellenbach Resolved, That the secretary of state be, and he hereby is, directed Austin George Lundeen Sheppard to send a duly certified copy of this resolution to the Senate of the Bankhead Gerry McCarran Shipstead United States and one to the House of Representatives in the Con­ Barbour Gibson McKellar Slattery gress of the United States. Barkley Gillette McNary Smith Bilbo Green Maloney Stewart The VICE PRESIDENT also laid before the Senate a reso­ Bone Gurney Mead Taft lution of the Council of the City of Los Angeles, Calif., Bulow Hale Miller Thomas, Idaho Byrd Harrison Minton Thomas, Okla. favoring the proposal that in future appropriations for con­ Byrnes Hatch Murray Thomas, Utah tinuation of the work-relief program under the Work Projects Capper Hayden Neely. Tobey Administration the sponsor's 25-percent contribution neces­ Caraway Herring Norris Townsend Chandler Holman Nye Tydings sary for the proposed project, designed to provide useful work Chavez Holt O'Mahoney Vandenberg for unemployed citizens, be based upon the magnitude of Clark, Idaho Hughes Overton VanNuys Clark, Mo. Johnson, Calif. Pepper Wagner the local relief problem and ability of the local sponsoring Connally Johnson, Colo. Pittman Walsh body to provide such contribution rather than upon any Davis King Reed White fixed minimum percentage of the costs of the project, which Donahey La Follette Reynolds Wiley Downey Lee Russell was referred to the Committee on Appropriations. 3408 CONGRESSIONAL RECORD-~ SENATE MARCH 26

He also laid before the Senate the memorial of Local No. BILLS AND A JOINT RESOLUTION INTRODUCED 34, United Furniture Workers of America (C. I. 0.), James­ Bills and a joint resolution were introduced, read the first town, N.Y., remonstrating against adoption of the so--called time, and, by unanimous consent, the second time, and re­ Smith amendments to the National Labor Relations Act, ferred as follows: which was referred to the Committee on Education and By Mr. BULOW: Labor. S. 3669 (by request). A bill to amend the Agricultural Ad­ He also laid before the Senate the memorial of Melvina L. justment Act of 1938, as amended, for the purpose of regu­ Schultz, of Lost Creek, Wash., remonstrating against the lating interstate and foreign commerce in hogs, providing sending of American boys to war for any cause not related for the orderly marketing of hogs at fair prices in interstate to a direct and unprovoked invasion of the Nation, which and foreign commerce, insuring to hog producers a parity was referred to the Committee on Foreign Relations. income from hogs based upon parity price or cost of produc­ He also laid before the Senate a letter in the nature of tion, whichever is higher, and for other purposes; to the Com­ a petition from the Legislative Committee, Department of mittee on Agriculture and Forestry. Texas, Veterans of Foreign Wars of the United States, Austin, By Mr. THOMAS of Oklahoma: Tex., praying for the enactment of the bill

The benefits secured for American agriculture in the trade agree­ the letter aright~ This letter came from the Secretary of ment with the United Kingdom are of the utmost importance. The United Kingdom is by far the largest foreign market for State, Mr. Cordell Hull, who had used the following language American farm products. Commitments made by the United King­ when, as a Representative in Congress, he sought to de­ dom 1'n the agreement cover about 92 percent of our total agri­ feat the very thing which he now seeks to put through this cultural exports to the United Kingdom on the basis of 1936 body: statistics. As a result of trade agreement with the Netherlands, American This proposal embraces another revolutionary policy, which is, farmers, manufacturers, and labor have received substantial bene­ to abandon the law and the Republican doctrine to the effect fits. The value of American products imported into the Nether­ that all tariffs should be measured by the difference between lands and the Netherlands India in 1937 showed an increase of production costs here and abroad, by adding a number of alterna­ $44,000,000 as compared with 1935, the year immediately preceding tive so..:called methods to ascertain what is termed "conditions of the conclusion of the trade agreement. More than half of this competition between this and other countries." It is proposed thus. $44,000,000 increase is accounted for by imports of American to give the President and his Tariff Commission, which, by the products on which concessions were obtained in the agreement. way, is virtually taken away from Congress, authority to use I have received a communication from the Netherlands Legation, what in practical effect will )Je any sort of basis on which to fix in which exception is taken to the proposed amendment and which tariff rates. · reads in part as follows: "As the action proposed by Senator CoNNALLY would violate the The letter read by the clerk a moment ago emphasizes provision above referred to of the trade agreement and would result the fallacy of the thing which Secretary of State Hull op­ in a virtual prohibition of the importation of palm oil from the posed when he was a Member of Congress. We are now Netherlands and its overseas territories, I should feel obliged if confronted with a similar proposal which not only seeks to Your Excellency would grant his good offices so that the enactment of the amendment in question may be averted." take from Congress the taxing power-because every tariff My attention has also been called by Mr. Sayre, Assistant Secre­ is a tax-but which likewise seeks to take from this body a tary of State and chairman of the Interdepartmental Committee on function which was given to it most exclusively: Namely, the Philippine Affairs, to the effect of the proposed amendment of Senator CoNNALLY upon our relations with the Philippines. ratification of treaties made between this independent Gov­ Less than 2 months prior to the enactment of the Revenue Act ernment and a foreign independent government. cf 1934, section 602¥2 of which imposed a tax of 3 cents per pound But there is more to it than that, Mr. President. Not on the first domestic processing of certain oils, including coconut oil wholly of Philippine production or produced wholly from mate­ only has the State Department gone so far as to say that a · rials of Philippine growth or production, the Congress passed the Member of Congress may not introduce a bill to protect the act of March 24, 1934, entitled "An act to provide for the complete rights of his home State; not only has the Secretary of State, independence of the Philippine Islands, to provide for the adoption administering the law as it is now, sent word to Congress of a constitution and a form of government for the Philippine Islands, and for other purposes." In this latter act, certain pro­ that it dare not amend the tariff law because it would be visions of which were designed to terminate the preferred status violative of some agreement in which we had no part; but, of Philippine articles in the United States market in a gradual and in addition, I hold in my hand a copy of what is known as orderly manner, was included a provision imposing the full duty on all Philippine coconut oil brought into the United States in the reciprocal-trade agreement between the United States of excess of 200,000 long tons in any year. In other words, the Philip­ America and the Beige-Luxemburg Economic Union, an· pine Independence Act contemplated t]:le duty-free entry into the agreement executed between this country and Belgium, United St ates of 200,000 long tons of Philippine coconut oil annually which says: · during the period prior to the independence of the islands. The processing tax contained in the Revenue Act of 1934 was As long as the present agreement-- therefore directly contrary to the purposes of the Independence Act, as the President pointed out in a message to the House of Referring to the reciprocal-trade agreement executed with-. Representatives (73d Cong., ·2d sess., Doc. No. 388). The proposed out the participation of this body or the body on the other_ amendment, by increasing the processing tax, would depart still side of the Capitol- further from the purposes of that act. Furthermore, the Interdepartmental Committee on Philippine As long as the present agreement shall remain in force, it shall Affairs has recently made public a report on trade relations between supersede any provisions of the Treaty of Commerce and Naviga-. the Philippines and the United States with certain recommenda­ tion between the United States of America and His Majesty the tions for modifications of the Independence Act of 1934, which have King of the Belgians, concluded March 8, 1875, which may be been incorporated in S. 1028, on which the Committee on Territories inconsistent with the said agreement. and Insular Affairs of the Senate is currently holding hearings. This bill, approved by the Philippine executive and legislative au­ A treaty had existed between this country and the Bel­ thorities, provides for an annual duty-free quota of 200,000 long gians since 1875. That treaty, which dealt with trade and tens of Philippine coconut oil, declining gradually by 5 percent of commerce, had been negotiated by the President of the this amount annually from 1940 to 1961. The proposed amend­ ment might endanger the entire Philippine program now being United States, and, after negotiation by the President of the considered by the Senate. United States, had been submitted to the United States Sen­ In view of the urgency of having this information reach your ate, the only constitutional body which had the right to rat­ committee immediately, in order that it may be given consideration ify it. The treaty had been ratified by the Senate of the at the time the bill is taken up by the Senate, this letter bas been sent to you directly, and it has not been possible to ascertain the United States and had remained in existence from the day opinion of the Bureau of the Budget on the proposed amendment. of its ratification until a separate agreement-it is called an Sincerely yours, agreement-was entered into between the State Department CORDELL HuLL. and the Kingdom of Belgium, which agreement declared Mr. McCARRAN. Mr. President, in that letter and the that the act of the Senate was to be set aside and declared substance thereof we find a situation revolutionary of · every­ null and void and of no effect so long as the new agreement thing the founders of this Government had in mind. Mem­ existed. bers of the Senate of the United States, representing sov­ It is said that the reciprocal trade agreements are not ereign States, representing the industries of separate com­ treaties. They are supertreaties. They are treaties which munities, sought to have additional safeguards thrown abrogate other treaties. So, being treaties, they must be re­ around those industries, safeguards which would probably garded in the light of the Constitution; and if regarded in encourage agriculture in this country and would probably the light of the Constitution, they must be brought back to· reduce the relief rolls in their respective communities. With this body for ratification. that purpose in mind they introduced measures seeking the But that was not the only instance. I hold in my hand a protection of American industry. They were immediately copy of the reciprocal trade agreement between the United confronted by the letter of the Secretary of State, saying States and Colombia, which declares, in article XI: that their proposed amendment to the tariff law would be As long as the present agreement remains in force, it shall super­ detrimental to and destructive of an agreement which the sede any provisions of the Treaty of Peace, Amity, Navigation, and State Department, without consultation with Congress, had Commerce between the United States of America and the Republic entered into with a foreign country. of New Granda, signed at Bogota, December 12, 1846, which may be If the letter of the Secretary of State can be read in any inconsistent with this agreement. other light than that of an effort on the part of the Secretary Again we find a treaty which had been promulgated bY the of State to protect and encourage a certain industry abroad President of the United States, in this instance with Co­ to the detriment of industry at home, then I do not read lombia. After its promulgation it had been submitted to the 1940 CONGRESSIONAL RECORD-SENATE 3413 Senate of the United States for ratification, and had been how highly I may favor the good neighbor policy of the ratified by that body. However, we find it set aside by the present administration, I cannot look upon this program State Department in one fell swoop, without opportunity for as being other than violative of the Constitution of the this body, which ratified the original treaty of 1846, to have United States. I cannot take any other view than that there a word in the promulgation or formation or ratification of should be transmitted to the Senate every so-called recipro­ the new agreement. cal agreement, so that this body may examine the instru­ Mr. O'MAHONEY. Mr. President, will the Senator yield? ment as _a treaty and say whether or not it shall become Mr. McCARRAN. I yield. effective and whether or not it impinges upon the rights, Mr. O'MAHONEY. Does not the Constitution of the liberties, and welfare of the taxpaying public of America. United States provide that the Constitution and the laws Where on earth is there a question more vital to the enacted thereunder and treaties made in pursuance thereof Nation and to its people than one which pertains to taxes? shall be the supreme law of the land? Where on earth is there a question more vital to the Nation, Mr. McCARRAN. The Constitution provides that the and to the people thereof, than a measure which reduces Constitution of the United States and the laws enacted there­ the revenue, which, in turn, has an effect on taxation? under and treaties made pursuant thereto constitute the That being the most vital question, the framers of the Con­ supreme law of the land. stitution desired that it should be submitted always to the Mr. O'MAHONEY. How, then, can a treaty be set aside people themselves. Looking regardfully to the rights of the by an agreement? people, they went further than that by saying that all Mr. McCARRAN. I am at a loss to know, except as we see treaties negotiated between the United States as a free it done. country and other free governments should be submitted to Mr. O'MAHONEY. Is it in accordance with the provisions the Senate of the United States. of the Constitution to have such procedure? But, Mr. President, we are told that trade agreements Mr. McCARRAN. In no way whatever. That brings me are not treaties; we are told that they are merely agree­ to the thought--and I am glad the Senator interrupted me­ ments. If the State Department itself had not regarded that there is a complete answer coming from the State De­ them as treaties, we might take with some degree of serious­ _partment to the question whether the so-called trade agree­ ness their expression and contention; but, at every step in ments are treaties. They are so treated by the State the proceedings the State Department has regarded the re­ Department. ciprocal-trade agreements as treaties. Witness the most Let me refer to another matter in the same line of thought. favored nation phase in connection with the agreements; Not only do trade agreements made by the United States and witness everything there is about them, and take note of the another country become effective as between the two, but fact that other countries that have entered into such agree­ read into the agreement, is what is known as the most­ ments with us have regarded them as treaties, for they have favored-nation clause. Let me · use an illustration that submitted the agreements to their own legislative bodies for touches very closely the interests of two Senators, one of approbation before they should become effective. . whom does me the honor to be present today, the Senator There was read into the RECORD yesterday a statement from Montana [Mr. MURRAYJ. It touches very closely my of the action of other nations which have entered into re­ own State and touches other States as well. Under the ciprocal-trade agreements with the United States. Even at treaty with Brazil, whereby we reduced our tariff rates on the hazard of repetition, I beg leave again to refer to that manganese, that commodity is brought into this country as matter. ballast, if you please, in ships belonging to the United States Agreements put into effect without subsequent legislative Steel Corporation, which owns the manganese mines of ratification-that is, without subsequent ratification by the Brazil. The effect has been practically to close · the manga­ foreign country-were three in number, and three only­ nese mines of Montana, of Nevada, and of other manganese­ namely, those with Belgium, Cuba, and Ecuador. producing States. When the manganese mines of the States Agreements put into effect provisionally, subject to even­ of this country were .closed the miners had to go on the relief tual legislative ratification by the foreign country, were nine rolls. Thus the result of the importation into the United in number-namely, Canada, first agreement; Canada, second States of a commodity produced by peon and slave labor in agreement; Czechoslovakia, France, Netherlands, Switzer­ Brazil has been highly destructive of the welfare of a class of land, Turkey, United Kingdom, Venezuela. American workers. Agreements which did not become effective until after leg­ Mr. AUSTIN. Mr. President, will the Senator yield for a islative ratification-that is, legislative ratification by the question? foreign country--of which there were 10, were Brazil, Co­ Mr. McCARRAN. I yield. lombia, Costa Rica, El Salvador, Finland, Guatemala, Haiti, Mr. AUSTIN. Does the Senator recall that at a former Honduras, Nicaragua, Sweden. session of this, the Seventy-sixth Congress, in an effort to What a glowing example was furnished, what a great pre­ offset somewhat the injury caused by the act now referred cept, what a lesson was taught to the greatest republic on to by the Senator from Nevada, the Congress authorized the earth by these republics, small, if you please, many of which appropriation of $100,000,000 of the taxpayers' money, in came into existence long after we had promulgated our order to subsidize the production of manganese and other Constitution. They did not override either their organic strategic materials in the United States? law o:r the will of .their people, but rather they said, "We Mr. McCARRAN. The Senator is correct. will enter into these agreements if our legislative bodies, We appropriated $100,000,000 by way of authorization, which represent our people, approve them." To those coun­ and we have recently passed a bill appropriating a part of tries such agreements are treaties; to this country we are that $100,000,000 for the purchase of strategic metals, of told they are not treaties. To those countries the agree­ which manganese is one. ments meant something; they meant the welfare of their The Senator's suggestion brings to mind the further people; and the welfare of the people is always in the hands thought that we are using the taxpayers' money in order to of those who represent the people. But to this country they try to develop within o.ur own borders metals, strategic in had no such significance, because we did not have an oppor­ their nature, for national defense, so that when the time tunity even to see the agreements until they became effective. comes when we may need the metals we will have them. Yet, As stated yesterday on the floor, we scarcely had an oppor­ we are encouraging their being brought into our country from tunity to appear and know what was in the minds of those foreign countries under reciprocal-trade agreements. who were formulating the agreements. We might go to the I do not want, in my argument, to go too far into the fac­ Department and appear and protest to our heart's content tual side of this question. I prefer rather to deal with but, to save one's life, one could not find out what they were what, in my judgment, is the constitutional and legal side thinking about or along what line of thought their conclusion of the question, because, under my conscience, regardless of would travel. 3414 CONGRESSIONAL RECORD-SENATE MARCH. 26 Mr. President, it has been stated here that the Supreme an entirely different question. The Curtiss-Wright case was Court of the United States has approved legislation of this one in which the President of the United States, pursuant to type. I beg to differ with those who take that position, and an act of Congress, issued his Executive order p~ohibiting the I have in mind, I think, every decision which has been brought sale of arms, ammunition, or implements of war to certain to my attention, commencing with Field against Clark and warring nations. The whole case turned on his right to issue coming down to the latest case, the Panama case, going that Executive order. through all the labyrinth of cases between the two. Not one In the opinion in the Panama case, written by Mr. Chief single case outside of the Altman case even squints at the idea Justice Hughes, dealing with the "hot oil" law, which we of these instruments not being treaties. The Altman case, passed about 1934 or 1935, as I recall, he went at length into if it decided anything, decided that the tariff provision in the subject~ and held that there Congress had prescribed no that instance was a treaty, because it said: limitations between which the President could exercise his This is a treaty for the pm:pose of taking a direct appeal to this power to issue an Executive order, and therefore it was a Court from the circuit court of ·appeals. delegation of legislative power from the Congress . to the If it is a treaty for one purpose, I wonder how it could lose Executive. lts nature in transit. I desire to quote from what, to my mind, is a prophecy Mr. Justice Day, in writing the opinion in the case of Field which in the years to come should be remembered and will be against Clark, used some very cogent expressions which have realized unless this Congress and others having to do with become rather commonplace with us all: like subjects put a curb on the violation of the organic law. That Congress cannot delegate legislative power to the President I read from the book entitled "Our Wonderland of Bureauc­ is a principle universally recognized as vital to the integrity and racy,'' by that eminent and greatly beloved constitutional maintenance of the system of government ordained by the Consti­ lawyer, formerly a Member of the House of Representatives, tution. The act of October 1, 1890-- . the late James M. Beck. I read from page 193. His language Which was the tariff act-in that instance the McKinley is so apropos to the subject, his expressions are so cogent, Tariff Act- his thought is so prophetic, that it is very much worth while in the particular under consideration is not inconsistent with that we, as Members of the Senate, should pause and reflect that principle. It does not, in any real sense, invest the President on what he says: with the power of legislation. For the purpose of securing reciprocal trade With countries producing and exporting sugar, molasses, coffee, In the demoralization that followed the World War and when tea, and hides, Congress itself determined that the provisions of the the currencies of foreign nations were wildly fluctuat ing, the Con­ act of October 1, 1890, permitting the free introduction of such gress, to meet a temporary emergency in 1921, created the first Tariff articles, should be suspended as to any country producing and Commission, with power to raise or lower duties within a statutory exporting them, that imposed exactions and duties on the agri­ margin. From a pragmatic side, something can be said in defense cultural and other products of the United States which the Presi­ of this measure. From a constitutional side, nothing can be said. dent deemed-that is, which he found to be-reciprocally unequal The author says this with due recognition of the fact that the and unreasonable. Supreme Court, in Hampton v. United States (276 U. S. 394), with its consistent disposition to resolve all constitutional doubts in favor Then the opinion recites that Congress not only formulated of congressional legislation, gave its pontifical absolution to this the tariff but likewise formulated the alternative· tariff which statute in a very unconvincing opinion. It felt constrained to should go into effect if the President put his mandate into accept assumptions of fact, which Congress had made, and upon these assumptions, none of which was found to be accurate in the effect; but the one special thing that is decided in the Alt­ practical trial of the law, the law was sustained. Unquestionably man case is that the tariff provision then under consideration, that opinion, which will prove a very fateful one in influencing whereby the President entered into an agreement with a further unconstitutional delegations of power by Congress, wa.s influenced by the fiscal emergency, which then existed. The doc­ foreign country, if it amounted to anything, amounted to a trine of emergency as a pretended justification of unconstitutional treaty. It at least amounted to a treaty sufficiently to per­ legislation may yet prove the "wooden horse," whereby the citadel mit a direct appeal from the circuit court of appeals to the of the Constitution will be taken. Nothing is more discouraging. Supreme Court of the United States; and I submit in all than the disposition of the Supreme Court to justify socialistic legislation, on the theory that some alleged emergency excuses it. fairness that if such an agreement has the nature of a treaty The epitaph of the Constitution may one day be "Ilium fuit." sufficiently to warrant it in going from the circuit court of appeals under the Circuit Court of Appeals Act, to the court Troy is gone! So, if the Congress of the United States con­ of last resort of this country-and that was the decision-it tinues to enact legislation which forever chips away the great cannot lose that nature anywhere in transit. fundamental block, the concrete foundation of this Govern­ To my mind, it would be needlessly taking the time of the ment, if the Congress of the United States continues forever Senate to review the cases dealing with this subject, with to chip away at that block, some day we will find that what which every Senator must of necessity be familiar, and which Mr. Beck said as the final word, "ilium fuit," will be "The were so well recited here yesterday by my colleague on the Constitution is gone,'' because its defenders and its protec­ floor. tors, those sworn to uphold that law, will have sought to But, Mr. President, in the Hampton case Mr. Chief Justice divest themselves of the duties, powers, prerogatives, and Taft laid his whole burden of argument, placed his whole obligations which the organic law visited upon them and decision on the case of Field against Clark, recited the facts gave them the honor to fulfill. which pertained to the case of Field against Clark, and then Mr. President, if I were to go further to emphasize the based his decision on Field against Clark. So the Hampton thoughts which I entertain with reference to the contention case can furnish no solution for those who advocate the view that is made in regard to the Hampton case I would not leave that these reciprocal-trade agreements are not in fact treaties. this Chamber, because I would call to my assistance the Mr. McNARY. Mr. President, will the Senator yield? language of one of the most outstanding judges eastern Amer­ The PRESIDING OFFICER (Mr. JOHNSON of Colorado in ica ever had, a man who, coming from the bench of the great the chair). Does the Senator from Nevada yield to the Sen­ Empire State to this Chamber, brought with him all the ator from Oregon? splendor of his mind, all the courage of his character, all the Mr. McCARRAN. ! yield. training which came to him through a life spent, from his Mr. McNARY. What is the last case in which the Supreme very cradle up, in listening to the heart beats of humanity, Court has spoken on this subject? Is that the case to which rendering decisions as he saw the law and understood it. I the Senator just referred, in which Chief Justice Taft de­ would not call upon another authority greater than the senior livered the opinion? Senator from the State of New York [Mr. WAGNER]. I read Mr. McCARRAN. No; in two cases the Supreme Court has language he uttered on the floor of the Senate October 1, 1929, spoken quite recently. The most recent case, as I recall, is dealing with the very question riow uppermost in our con­ what is known as the Panama case, in which the "hot oil" sideration. He said, among other things: question was settled. The one just before that was the Cur­ Mr. President, I rise to discuss, for not too long a time, I hope, the tiss-Wright case; but the Curtiss-Wright case had to do with so-called flexible provisions of the pending tariff bill. 1940 _CONGRESSIONAL RECORD-SENATE 3415 That was the Hawley-Smoot bill. women of the State. The law was enacted; It was challenged as being unconstitutional, and the old Williams case was cited as an The first subdivision of the committee amendment as modified absolute precedent. The lower courts, of course, followed the prior by the Senator from Utah [Mr. Smoot] authorizes .the President ruling and held the law unconstitutional. It went to the State to change the classification of any product and to increase or cou:rt of appeals, and I there had the privilege of appearing as decrease the rate of duty of any commodity not on the free list. counsel to defend the constitutionality of the act, of course without The second subdivision authorizes the President to change the compensation. The court ot appeals reversed its former position, basis of valuation. Such a delegation of lawmaking powers to held the act to be constitutional, and based its decision upon the an Executive is, to my mind, unconstitutional, in that it violates ground that there had been submitted to the court new facts which the very first section of the first article of the Constit-ution, which during the consideration of the former act were not before the vests in Congress, and solely in Congress, all legislative power. The court, namely, that what the legislature had in mind in passing laying of duties is a legislative power and is so specifically defined the act was to preserve the health of the womanhood of the State, in article I, section 8, of the Constitution. which was a matter, of course, of State concern. The court of ap­ I address myself first to this argument, because in the dis­ peals held that the legislature had acted properly within its power, cussions which have preceded mine, and in the Presidential an­ under the police power of the State, reversed its former attitude nouncement, it seems to have been taken for granted that the upon new facts, and held the law to be constitutional. In its constitutionality of these provisions is no longer open to challenge. decision, among other things, the .court said: That I deny. "There is no reason why we should be reluctant to give effect to Mr. KING. Mr. President, the Senator is calling attention new and additional knowledge upon such a subject as this even if it did lead us to take a different view of such a vastly important to a very important declaration of a distinguished Member question." of this body, and it seems to me there should be a quorum New facts call for new decisions and the Supreme Court of the present. I suggest the absence of a quorum. United States has recognized that principle. In the case of The PRESIDING OFFICER. Does the Senator from Muller against Oregon, reported in Two Hundred and Eighth United States Reports, page 404, the Supreme Court said: Nevada yield for that purpose? "When a question of fact is debated and debatable, and the Mr. McCARRAN. I yield. extent to which a special constitutional limitation goes is affected The PRESIDING OFFICER. The clerk will call the roll. by the truth in respect to that fact, a widespread and long­ The legislative clerk called the roll, and the following continued belief concerning it is worthy of consideration." We must be entirely clear as to the determining principle which Senators answered to their names: the Court pronounced in the Hampton case. The :flexible provision Adams Ellender Lodge Schwartz of the 1922 Tariff Act was in that case approved because the Court Ashurst Frazier Lucas Schwellenbach found: • Austin George Lundeen Sheppard "What the President was required to do was merely to execute the Bankhead Gerry McCarran Shipstead act of Congress. It was not the making of law. He was the mere ~arbour Gibson McKellar Slattery agent of the lawmaking department to ascertain and declare the Barkley Gillette McNary Smith Bilbo Green Maloney Stewart event upon which its expressed will was to take effect." Bone Gurney Mead Taft The event upon which Presidential action could be invoked Bulow Hale Miller Thomas, Idaho :was the discovery that differences in the cost of production of the Byrd Harrison Minton Thomas, Okla. domestic and imported competitive article were not equalized under Byrnes Hatch Murray Thomas, Utah the existiilg law. Congress had implicitly stated that such dif­ Capper Hayden Neely Tobey ferences could be accurately computed and that they could be Caraway Herring Norris Townsend made the measure of an administrative adjustment of rates. The Chandler Holman Nye Tydings Supreme Court assumed these facts because Congress had asserted Chavez Holt O'Mahoney Vandenberg them. Now, however, we know that the alleged facts are not Clark, Idaho Hughes Overton VanNuys reliable guides. We now realize that though the difference in cost Clark, Mo. Johnson, Calif Pepper Wagner of production is theoretically a fact, it cannot be converted into Connally Johnson, Colo. Pittman Walsh tariff rates without the exercise of a vast and unlimited discretion. Davis King Reed White There is now available the record of 7 years' operation, which con­ Donahey La Follette Reynolds Wiley Russell vinces beyond a doubt that rates cannot sensibly, cannot possibly, Downey Lee be administratively measured by sole adherence to a mechanical The PRESIDING OFFICER. Eighty-three Senators hav­ standard erected by Congress. In the reports of the Commission we find a constantly recurring ing answered to their names, a quorum is present. division of opinion. Repeatedly certain members of the Commis­ Mr. McCARRAN. Mr. President, at the time of the inter­ sion select facts which lead to a higher rate of duty than the ruption I WaS reading from the CONGRESSIONAL RECORD the facts selected by certain other members of the Commission. Can very splendid expressions of our colleague, the senior Senator. we draw any other conclusion than that the true differences which divide the members of that body or which will divide any group from New York [Mr. WAGNER], and they are so much worth of men who may constitute the Commission are matters of policy, while that I will continue to read for the benefit of those are views respecting high or low tariff, and that facts are selected who do me the honor to listen, the views of the able Senator and data assembled which support such conclusions? from New York, which he expressed on October 1, 1929. He Mr. President, the gentleman who uttered that expression said: has no superior at the bar of America today. He is the After full deliberation and the closest study of the Hampton senior Senator from the State of New York [Mr. WAGNER]; case (J. W. Hampton & Co. v. United States, 276 U. S. 394), I am I ready to assert with confidence that the flexible tariff provision does and he took a moot decided stand in 1929, as hope he will not meet the primary requirement of constitutionality. do in 1940. The Hampton case, in .which the Supreme Court sustained the Continuing, he said: :flexible provisions of the Tariff Act of 1922, was, like every other controversy before that tribunal, decided on the basis of the facts Mr. President, invariably the differences which destroyed the before the Court. It is not at all an uncommon event for a court unanimity of the Commission have expressed themselves in a con­ to come to a contrary decision with respect to constitutionality troversy over some question of fact. Which is the chief competing when a different set of facts is brought to its attention. country? Where is the principal market? Are the two selected Right here I summon as my witness on the point I am attempting commodities comparable? Is the information collected representa­ to make a case--the State of New York v. Charles Schweinler Press tive of the industry? These were but the means of expressing in (214 N.Y. 395)-within the State of New York. About 30 years ago legally conformable language the desire to increase or decrease a the Legislature of New York passed an act prohibiting women from particular duty. A reading of the reports submitted by the Com­ working in factories during certain hours of the night. The con­ mission compels the conclusion that the determination of every stitutionality of that law was challenged; it went to the highest duty proceeds, and necessarily so, from a determination of policy, a court of the State, and was there held to be unconstitutional as determination which has in all the history of representative govern­ interfering with women's right to contract and interfering with ment been called legislation. their liberty as guaranteed in the Constitution of the United States. The President has written only two opinions, to my knowledge. About 15 years thereafter a commission was appointed to investi­ which reveal the manner of the Presidential mind in coming to a gate factory conditions in the State of New York. I had the very conclusion under the :flexible provisions of the tariff. The more high honor of being chairman of that commission. interesting of the two is the opinion on sugar. Three members of As a result of its investigation the unwholesome and insanitary the Commission had recommended to the President a decrease in conditions under which women were compelled to work in factories duty. Two had dissented from that view. One had not partici­ at night and the effect such employment had upon the health of pated. Under the law the President was required to make a decision women were brought clearly to public attention through the testi­ governed by the differences in the cost of production. That was mony adduced before the commission. Thereafter I introduced a the statutory guide for his supposedly administrative act. How bill in the legislature providing a prohibition against women work­ different are the considerations which prompted the President in his ing in factories during certain hours of the night. action when he refused to reduce the tariff as recommended by the In the preamble to the measure it was stated that the legislation majority of the Commission. In his opinion he reveals that he took was proposed to be enacted in order to preserve the health of the the following matters into consideration: 3416 CONGRESSIONAL RECORD-SENATE MARCH 26 That the farmer·is entitled to share with the manufacturer bene­ Mr. President, I respectfully come to the expression of the fits under the protective-tariff system. leader of the majority [Mr. BARKLEY] in 1929 when this The need for the revenue arising out of the sugar tariff. That it is desirable that sugar beet be grown as a substitute for very problem was before the Senate of the United States. I wheat in order to reduce wheat acreage; and also that sugar beet is a say "this very problem," but the problem then under con­ desirable diversifier of crops. sideration was not nearly so offensive to the .Constitution The desirability of becoming independent of foreign sources for It an article of food supply. of the United States. was then before this body under '£he danger of foreign combinations to manipulate prices. what was known as the flexible tariff clause of the Smoot­ Concerning costs of production, he said that a wide variety of Hawley Act. I read from the CONGRESSIONAL RECORD Of Oc­ conclusions could be obtained by alternative methods of interpreta­ tober 1, 1929, language from the present leader of the tion of the same basic data. That, of course, is true of every single instance that has come before the Commission. Therein is con­ majority, the able Senator from Kentucky [Mr. BARKLEY]. cealed that universal weapon which permits the President to decide He said: as he will on each and every tariff schedule. Mr. BARKLEY. Mr. President, in the discussion of the question Let there be no mistake about the point I am trying to emphasi.ze. now pending before the Senate I find myself in a position of agree­ I do not find fault with the President for taking these matters into ment with many things stated by those Senators who advocate the consideration. It is not even my purpose at this time to rehearse amendment offered by the ·Senator from Utah [Mr. SMooT]. I the shameful story of the sugar investigation. All I am driving at join with the Senator from Pennsylvania [Mr. REED] in express­ 1s that we must at once realize that if this is a sample of an admin­ ing the highest regard for the work performed by the Tariff Com­ istrative decision then we may as well lock up the Halls of Congress. mission in matters of investigation, in the assembling of facts, If this be a determination or a finding of the existence of a fact not only in the performance of their own duties in recommending upon which the law of Congress takes effect then there is no longer rates to the President but in enabling members of the Finance nny distinction between lawmaking and administration. Committee and of the Senate generally to have a better picture of Of course, the state of the revenue must be considered, but that the tariff situation, a better picture of the trade relations of our own has ever been a congressional function. Of course, the farmer country with other countries; and I think, on the whole. the work should be given the benefit of tariff legislation, but it has always of the tariff experts is to be commended. I think, on the whole, been the province of Congress to determine when and how. Whether the investigators sent out by the Tariff Commission have been or not we must become self-sufficient in a particular commodity is, honest, conscientious, bard-working men; and, so far as I am per­ of course, a pertinent question in tariff making, but since when has sonally concerned, the result of their labors has been of invaluable that become a question of administration? assistance to me as a member of the Finance Committee in the In the sugar report we have an excellent exhibit of flexible tariff consideration of this tariff bill. in operation. We can see the considerations which enter in making However, my admiration for the work of the Tariff Commission a decision. I quite fully agree that those objects must be taken in that respect, my confidence in the unselfish attempt on the into consideration in writing an equitable tariff bill, but I also insist part of its experts to obtain information for the benefit of Con­ that the weighing and measuring of the precise effect to be given to gress and for the benefit of the President, does not in any way such matters are in the domain of the Legislature. cloud my judgment as to the propriety of the delegation of power Congress, and only Congress, can decide whether duties shall be involved in the pending amendment. so levied as to encourage and expand beet sugar-that is legislation, Mr. -President, the Senator from Pennsylvania-who, I regret, is not administration. not on the floor at present--undertook to justify this delegation of Congress, and only Congress, has, by the Constitution, been given power by going back to the year 1794, in the administration of George plenary authority to determine the extent of the Federal revenue Washington, and making reference to an act of that year, passed by and whether or not it shall be derived from the sugar consumer­ many men in the Congress who had been members of the Constitu­ that is legislation, not administration. tional Convention, and signed by the President of the United· States, The court has said that the test laid down by statute was per­ who happened to be the president of the convention which wrote fectly clear and intelligible. As a matter of abstract logic that is the Constitution; and he said: no doubt true. Now, however, we are in possession of an actual "Surely, if these men, who ought to have known what the Consti­ record of events, an actual experience which shows that though the tution meant, who ought to have had some conception of its powers test laid down by Congress may have been perfectly clear for pur­ and obligations, saw fit, almost within the shadow of the conven­ poses of investigation, it could not be translated into new ra~es of tion hall in Philadelphia, to confer upon the first President power duty without the exercise of such discretion and the considera­ to issue embargoes, and" as the Senator from Pennsylvania inac­ tion of such matters of national policy that in all truth and in all curately said "to fix rates of duty upon commerce, we ought not honesty we must call it legislation. to hesitate to do it now." There is one other thought on the question of constitutionality Mr. President, the exercise of that power in 1794 was not the exer­ which is pertinent. cise of the taxing power conferred upon Congress by the Constitu­ The Supreme Court is not the only guardian of the Constitution. tion. In the act referred to by the Senator from Pennsylvania there Each one of us is under a coequal duty with the members of the .is no mention of duties or imposts. There is no attempt to delegate bench to defend and maintain that Constitution and to vote only to the President the power to levy taxes, the power either to increase in favor of legislation that conforms with the requirements of that or decrease rates; but the delegation of power in the act of 1794 was instrument. There are innumerable situations where Congress is purely a delegation of war power because of the situation that then the last resort in the determination of constitutionality, where existed, with an impending or threatening conflict between the from its decision there is no appeal to any court. United States and France, and possible di1II.culties between the ~e standard of constitutionality which each one of us must Unlted States and Great Britain. apply is somewhat different from the standard which the Supreme court employs in passing on legislation. When the constitution­ Continuing, the able Senator from Kentucky then said: ality of a bill is contested in the courts every doubt is resolved in So that, Mr. President, in the exercise of a war power that might favor of constitutionality. Every fact which was assumed by Con­ be found necessary during a recess or vacation of Congress, the gress to be a fact is not disputed by the court unless the assump- President of the United States was not authorized to lay and collect tion files violently in the face of reason. · taxes. He was not authorized to transfer commodities from one When we in this body pass upon a bill we cannot give ourselves classification to another. He was not authorized to reduce or to the benefits of those doubts. We ought not knowingly to write increase any rate of tariff taxation or any other form of taxation into the bill assumptions of fact which we know are not true. We which had been enacted by the Congress, but he was merely given ought not to take advantage of the Supreme Court's procedure by the power to lay an embargo not only upon foreign ships that might framing legislation which in form only is constitutional but which be in our ports or might be headed to our ports but upon American in substance is in deadly conflict with the requirements of our ships transporting commerce between the United States and every organic law. other country; and even in that effort to delegate the war power to Mr. President, one of the most disquieting facts about this con­ the President it was provided that it should not be exercised at any troversy is the frequency with which the advocates of this transfer time when Congress should be in session, and that the power con­ of legislative power to the Executive have pointed to precedents. ferred upon the President, or any embargo laid by him under that Precedents do not make a thing right. They may only prove that we authority, should cease within 15 days after the assem:bling of have been wrong before. At the present time we are on the crest Congress next after the proclamation had been issued. of the wave of Presidential encroachments upon legislative terri­ tory. What at first seemed like a harmless delegation of an incon­ Continuing, the able Senator from Kentucky said: sequential power has, through accretion and addition, so multi­ So it does not seem quite appropriate for the Senator from plied the power and authority of one individual of this Government Pennsylvania to seek to persuade us that because one-hundred­ that the system of a functional balance among the three great and-forty-odd years ago Congress empowered a President to lay divisions of government is well nigh upset. · an embargo upon commerce with certain foreign countries we And so on-dealing with the facts, dealing with the law, are to take that as an example of the right or power of Con­ gress to delegate to the President authority to levy and collect dealing with the question from the standpoint of a judge taxes. as well as the standpoint of a Senator. It was the opinion I presume that it is, as some Senators have suggested, purely of the then junior Senator from New York [Mr. WAGNER]­ academic to discuss the constitutionality of a law upon which now the senior Senator from New York-that the flexible the Supreme Court has passed judgment; and if we are pre­ pared to admit that the discussion of that decision and the tariff clause which was dealt with in the Hampton case was Wisdom or propriety of it is beyond cavil or question, we are at an unconstitutional and unwarranted delegation of authority. least not denied the right to discuss the Wisdom of the policy. 1940 CONGRESSIONAL RECORD-SENATE 3417 In order that. we may understand what the Constitution did, State constitution with which I am familiar is there any authority what its environment may have been, what was in the minds given to lay and collect taxes, to raise or lower income taxes or of the framers, it may not be entirely out of place to draw property taxes, by even so much as a penny, that may come out briefly a picture of the background which was responsible for it. of the pockets of the people of that Commonwealth. Our forefathers met in convention to protest against the exercise of the taxing power by the King of England without Then ·the able Senator from Kentucky went on to expand the consent of the Colonies. It was not because they objected on the subject. He said: to the size of the stamp tax. It was not because they objected to the form of that taxation as compared with any other form What kind of taxation does this power relate to? The Consti­ of taxation that might have been laid upon the Colonies by the tution does not specify or limit. It does not attempt to segregate British Crown. It was not, either, because they objec;:ted to being the different methods of taxation. Therefore, it must include all taxed, because it would have been infinitely cheaper, infinitely forms of taxes which can be levied. more easy and more convenient, for the colonists to have sub­ It includes not only tariff duties, but income taxes and all other mitted to the pittance of a tax as compared to the enormous forms of taxation which the Federal Government may levy and expense in treasure and blood involved in resisting the power of collect. to raise revenues for its support. the mother country to tax them without giving them a voice in Takmg the background of Anglo-Saxon history the cause of the the processes of taxation. So, when the framers of our Constitu­ ~evolution i~self, which was the claim of the mo'ther country that tion-many of whom had been soldiers in that war, all of whom It had ~he nght to tax Americans without their consent, we can­ understood the fundamental doctrines that underlay that war, not believe that this provision or any provision of the Constitution many of whom had been members of the convention that promul­ was intended or contemplated that taxes could be levied by any gated the Declaration of Independence--met in Philadelphia to other a~thority than the Congress of the people, chosen by them, write a constitution, they had behind them the whole history of responsible to them, and subject to be removed by them at frequent Anglo-Saxon conflicts of authority between the people and the elections. Crown. And so we . must, if we can, undertake to insert our eyes President Hoover must have had in mind this background when into their bosoms to find what actuated them in writing this Con­ on October 15, 1928, in the city of Boston, he uttered this senti~ stitution under which we have lived for nearly a century and a ment: half. "The Tariff Commission is a most valuable arm of the Govern­ I do not desire to discuss the academic question of the wisdom ment. It can be strengthened and made more useful in several of the separation of our powers into executive, legislative, and ways. . But the American people will never consent to delegating judicial; but I do desire to emphasize, if I may-and emphasis auth:onty over the tariff to any commission, whether nonpartisan seemingly is needed now-the impropriety and the shortsightedness or bipartisan. Our people have the right to express themselves at of undertaking to shirk the responsibility which in my judgment the ballot on so vital a question as this. was irrevocably placed upon the shoulders of Congress. "~ere is only one commission to which delegation of that au­ I desire rather to approach this subject from the standpoint not thon~y can be made.· That is the great commission of their own only of its constitutionality but the wisdom of the course which ?hoosmg, the Congress of the United States and the President. It is urged upon us by both sides to the controversy. I:> the only commission which can be held responsible to the In the Constitutional Convention, which produced the instru­ electorate." ment under which our Government has grown and prospered, And so forth. What did the President have in mind when he there were lengthy discussions as to the functions of the three u_sed that language? Did .he have in mind possible action by branches of the Government which were to be established. The either of these agencies without the cooperation of the other? framers of the Constitution had before them the background of His language admits no such interpretation. He meant the orderly events out of which had grown the Revolution and the inde­ process under the Constitution of enactment by both Houses of pendence of the colonies. They were particular to emphasize their Con~ress and the approval of the President, both of which are determination that all legislative functions should be performed required to complete an act of legislation. by the representatives of the people. Therefore, one of the first Nc;>t only did the framers of the Constitution confer the ex­ things which they provided was that "all legislative power shall be C!Usive power upon · <;:ongress to levy and collect taxes, but they vested in a Congress composed of a Senate and House of Repre­ hmi~ed the: power to mitiate such taxation. In section 7 of article sentatives," and so forth. I it IS provided that "All bills for raising revenue shall originate in What did they mean by all legislative power? Did they mean the House of Representatives." all legislative power except that which Congress might at a later Why was this limitation placed in the Constitution? Because date attempt to shirk? Did they mean all legislative power except the framers were so determined to retain in the hands of the the power of taxation? Every part of the Constitution answers people power over their purse that they were not willing for any these questions in the negative. In later articles and clauses of other branch or subdivision of the Government to start the proc­ the instrument taxation is dealt with specifically, so that we cannot esses of taxation except that branch which was directly responsible doubt that the Constitution intended that all tax legislation, as to them, which could be punished or rewarded for their course in well as other legislation, should be vested in the Congress. all matters of taxation and expenditure. As stipulated that all legislative power should be vested in Under the Constitution the Senate, even though now Senators Congress, the framers proceeded to outline some of the exclusive ar~ .elected by the people and are responsible to them, cannot powers of Congress, among them being "the power to levy and col­ ongmate a tax bill. It cannot originate a measure laying one lect taxes, duties, imposts, and excises." dollar in taxes upon the American people. Yet we are seriously - What is the legislative power? The power to promulgate a rule asked to delegate to the President a power which we do not of action by which the people who are subject to that law are to ourselves possess. be governed in their relationship not only to one another but to For you may gloss it over by any language that suits your fancy this thing we call government, which is only another name for when the President by an K'!:ecutive order increases the taxe~ organized society. Therefore, we are compelled to draw the con­ which must be paid by the American people, he originates a clusion that among the powers included in the definition of legis­ me~sure for raising revenue, a thing which the Senate of the lative power must be included the power of taxation; for it was Umted States cannot do. upon the principle of taxation largely that our independence as a We are told that this delegation of legislative authority is wise Nation was established in all of the documents that accompanied and proper, because it is limited in scope; that the President can our separation from the mother country. It was in the debates of only raise or reduce rates of. tariff taxation to the extent of 50 the Constitutional Convention, for in that convention there were percent of the rates fixed by Congress. present, as there are always presep.t in the inception of govern­ But if it is constitutional and wise to permit him to undo the ments and in the exercise of their authority, two distinct schools work of Congress to the extent of 50 percent, why not give him of thought. One school believed that we should not confer power full sweep of power to fix all rates, to reduce them or increase them upon the people, and that only the educated and the well born according to his inclinations? and the wealthy should be clothed with the power of self-govern­ Why deny to unprotected, and maybe helpless, industries any ment, and that such blessings as the masses might enjoy under the relief whatever. under this benign arrangement, when it may be Government should fall into their mouths as the crumbs fell that those Whlch Congress has neglected need assistance more into the mouth of Lazarus from the table of Dives. than those w~o have re~eived a portion of what they demand? On the other hand, there was the opposite of that theory, to If we can abd1cate a portiOn of the exclusive constitutional power which I have already referred, that, without regard to distinctions with V:hich Congress was invested by the forefathers, why stop at of wealth, without regard to distinctions of physical power or a portion? Why not let Congress relieve itself of all the burdens prowess, without regard to ancestry, without regard to education of drudgery in matters of taxation and turn it over to the Execu­ or ignorance, every man upon whose shoulders lay the responsi­ tive? bility to support his government, either by his own blood or by And if we have the power, and it is wise, to abdicate our con­ his money in the form of taxes, was entitled to representation in stitutional responsibility in the levying of tariff duties in the the body that levied those taxes upon him and compelled him to way of taxation for raising revenue, why not abdicate it with pay them. reference to all forms of taxation? Therefore, Mr. President, the language of the Constitution which If the Executive is more prompt and more wise in changing confers upon Congress the power of exclusive legislation must have rates of tariff taxation, why is he less prompt and less wise in included the power of taxation, because taxation is legislation, and the matter of changing rates of income taxes? has always been recognized, not only in our country but in the We are told that there will be a surplus in the Treasury at world at large, as the exercise of legislative power. Not only is it the end of the year that will justify another reduction in taxes. recognized as legislation on the part of the National Government, Then why waste the time and the money of the people by but in every State constitution in the 48 States of the American holding or prolonging a session of Congress to reduce the income Union the · right to levy and collect taxes is an exclusive right taxes? Why not delegate to the President the power to reduce which is conferred upon the legislature of the State, and in no income-tax rates so as to absorb the expected surplus? And U 3418 CONGRESSIONAL RECORD-SENATE MARCH 26. this would be wise and proper, why not also clothe him with power In the Sixty-second Congress a tariff bill (H. R. 11019, wool) to raise income-tax rates when there is an approaching deficit in was on- the Treasury? June 2, 1911, introduced in the House. The exclusive power to levy taxes is exclusive as to all forms of June 6, reported to the House. taxation; and if we can delegate a part of it as to one form of June 20, passed by the House. taxation, we can delegate a portion or all of it as to all forms of June 21, referred to Finance Committee. taxation. June 22, reported to the Senate. There is no analogy between the power of taxation as exercised June 27, passed the Senate. by the President under the flexible provisions and the power of August 17, vetoed by the President. Congress to regulate railroad rates through the Interstate Commerce In the Sixty-second Congress a tariff bill (H. R. 12812, cotton) Commission. was on- In the first place, the Constitution does not say that "all bills July 26, 19i1, introduced in the House. for regulating commerce shall originate in the House of Repre­ July 27, reported from committee. sentatives." That limitation applies only to bills raising revenue. August 3, passed by the House. But Congress has never delegated to the President any power August 4, referred to Finance Committee. whatever in the regulation of commerce by the fixing of railroad August 10, reported to the Senate. rates. Congress established the Interstate Commerce Commission August 17, passed by the Senate. as an agency of Congress, and not of the Executive, for the purpose August 22, vetoed by the President. of carrying out the laws enacted by Congress for the regulation of In the Sixty-sixth Congress a tariff bill (H. R. 15275, emergency railroad rates and practices. The President plays no part in the agriculture) was on- work of the Interstate Commerce Commission. He cannot change December 20, 1920, introduced in the House. a single rate on any railroad in the United States either before or December 20, reported from committee. after determination by the Interstate Commerce Commission. He December 22, passed the House. cannot receive its proceedings or nullify its orders. He cannot ex­ December 27, referred to Finance Committee. pand or contract its activities or its powers. This Commission is January 17, 1921, reported to the Senate. the creature of Congress, and it does not consult nor is it respon­ February 16, passed by the Senate. sible to the President in the true conception of its functions. March 3, vetoed by the President. Therefore, the creation of this Commission and the functions In the Sixty-seventh Congress, a tariff bill (H. R. 2435, emergency and powers with which Congress has clothed it offers no parallel for tariff) was on- the proposal here to surrender the duty and obligation which the April 12, 1921, in~roduced in the House. Constitution lays upon Congress alone-that of levying the taxes April 14, reported from committee. Which the American people must pay for the support of their April 15, passed by the House. Government. April 16, referred to Finance Committee. Not only did the framers of the Constitution propose to hold April 30, reported to the Senate. Congress responsible to the people for the amount of revenue raised May 11, passed the Senate. for the Government, and the manner of its assessment and col­ May 27, approved by the President. lection, but they also proposed to hold Congress responsible for These are but a few instances to confound those who put forth its expenditure. For in article I, section 8, of .the Constitution, in the spurious claim that Congress cannot be relied upon to act the enumeration of its powers, it is provided that Congress shall with promptness and effectiveness even in the passage of tariff have power "To raise and support armies, but no appropriation of bills when the circumstances justify prompt and effective action. money to that use shall be for a longer term than 2 years." Those who seek this unwise departure are not actuated by the Would any person contend that Congress could delegate to the fear that Congress will not act. They desire to take the enact­ President or to any other agency the power to extend an appro­ ment of tariff legislation away from the representatives of the priation for the Army for a longer period than 2 years? . people, away from public discussion, away from the view of the In paragraph 7 of section 9, article I, the Co;nstitution says: "No people to the quiet precincts of secrecy where the people who money shall be drawn from the Treasury but in consequence of have to bear the burden and pay the tribute will not know what appropriations made by law," and so forth. Would it be seriously is happening to them until it is too late to protest. contended that Congress could delegate to the President or any • • • • other agency the power to draw money from the Treasury without What I am attempting to do is to show that whenever Congress the passage of a law providing for its expenditure? is confronted with a necessity, with an emergency, with the facts Congress cannot abdicate its authority over the money in the before it as to a limited number of items, it can act more National Treasury, and it cannot properly do it with reference to promptly and more efficiently than can the executive branch of the collection of that money in the form of taxes. But we are told by some of the advocates of this congressional the Government. SUITender that Congress is slothful, slow of action, and cannot act Mr. President, I do not deal with this subject from the with that precision and foresight which is necessary to those who are in a hurry. . standpoint alone of the taxing power being exclusive in Con­ We are told that. Congress is possessed of nothing but incapacity; gress. However, from whichever standpoint we may view this that it cannot obtain the facts upon which tariff legislation should subject, we must say that Congress must pause in the avenue be based; that it engages in logrolling and back scratching, as a result of which unjust and indefensible rates are inflicted upon the which it is now traveling, and by which we are tearing down people; that it can only revise the tariff once in many years; and the organic law. that somebody else ought to have the power to revise it piecemeal First of all, it is a tax measure. Being a tax measure, it during these congressional lapses into innocuous desuetude. We have heard dignified and venerable Senators, who are sus­ belongs in Congress; Congress alone should deal with it. Sec­ pected of a desire to be returned here, denounce both branches ondly, being a tax measure, one which Congress exclusively of Congress in terms which make it difficult to understand why should deal with then, more emphatically than ever, so-called they would want to remain in such company. We are told that Congress can only engage in tariff revision at trade agreements should be transmitted to the Senate of the long intervals, and that even if it desires or is capable of dealing United States, and the Senate should exercise its prerogative with limited articles, it cannot do so because of delays and the and power, not only its prerogative and power but its duty, inclusion of other articles. imposed upon it by the Constitution, to ratify or reject This has not been the history of Congress. It is true that a general revision of all the schedules generally requires several treaties. tnonths. But it has required several years for the Tariff Commis­ Oh, it will not do to stand here and say these are not sion to investigate single items and report them to the President treaties; that they are merely agreements between nations. under the flexible provisions of the present law. I say this not in What is a treaty unless it be an agreement between one inde­ criticism, but merely as the statement of a fact. But Congress has on numerous eccasions dealt with a limited pendent nation and another independent nation? Where is number of schedules or even items in matters of tariff rates and the twilight zone of differentiation between an agreement has been able to produce legislative results with promptness and that affects the hearthstone of every taxpayer and every man, certainty. · woman, and child in America, and an agreement that affects In the Fifty-third Congres~ a tariff bill was introduced in the House December 19, 1893 (H. R. 4864), and on­ only a portion of the National Government? I ask, Where is December 21 it was reported to the House. the twilight zone of differentiation? Well, it does not exist. February 1, 1894, it passed the House. That is the story. February 2, was referred to Finance Committee. July 3, passed the Senate. It is said that those favoring the policy do not dare bring In the Sixty-second Congress a tariff bill (H. R. 4413, free list) reciprocal trade agreements back to the Senate of the United was on- States for ratification because there would be logrolling. Log­ April 12, 1911, introduced in the House. April 19, reported to House. rolling! I wonder if there is any logrolling going on now. May 8, passed the House. I wonder where the logs are. I wonder how far they are roll­ May 9, referred to Finance Committee. ing. Logrolling is charged in the effort to continue a policy June 22, reported by the Finance Committee. August 1, passed by the Senate. that is violative of the plainest and most emphatic provision August 18, vetoed by President. of the organic law. Logrolling is suggested in order to put 1940 .CONGRESSIONAL .RECORD-SENATE 3419 through the Congress the renewal or extension of a law which ically important, and that is unless we stop somewhere, the every country of the Western Hemisphere that has had deal­ result will be as has been predicted that democracy itself ings with this country in the negotiation of trade agreements will prove a failure; that we cannot depend on the democ­ has laughed at; for they have submitted trade agreements to racies; we cannot depend upon the masses of the people to their legislative bodies, while we., the leading republic of the legislate for themselves. world, holding our Constitution aloft as a precept and guide Unless we pause somewhere, and stop this everlasting drift for other peoples of the world, are made aware of the fact that toward nonconstitutional action, we will find ourselves with­ those who sponsor this program are afraid to come back to out a Constitution or a Nation. We will find ourselves so the Congress, to one body of the Congress, composed of 96 weakened in the estimation of the people who constitute men, and have them consider it because there would be log­ the sovereigns of this Government that some one will take rolling. over the. entire affairs of government and lead us out of the Is it not time for us to forget about logrolling? Is it not labyrinth of delegated authority that the Congress did not time for us to remember the oath we all took to uphold and seem to have the courage to avoid. defend the Constitution of the United States, and, defending Mr. President, this is an appeal from those of us who be­ the Constitution of the United States, to remember that those lieve in the organic law. This is an appeal from those of who bear the brunt of goverriment, those who bear the burdens us who would give our lives to sustain the organic law. of government, those who sustain the Government, are those This is an appeal from those of us who, trained in the law, who pay the taxes; and those who pay the taxes look to us, believe in the law, and believing in the law; are willing even their representatives; and, looking to us, they look through to sacrifice everything we have to the end that this continu­ us to the organic law that speaks more emphatically than all ous process of tearing down the law shall not proceed fur­ the reciprocal trade agreements in the world? ther; that it shall somewhere be stopped. Now is the time Mr. President, I might deal with this question from many to stop it in connection with a measure which so greatly angles. The whole reciprocity trade-agreement policy has impinges on those who need protection, the masses of the done exactly what was predicted it would do. Those predic­ people, who constitute the sovereign power of the Nation tions came from the lips of leading men on the floor o!f the and from whom some would like to take sovereignty away. Senate ·when the very principle, though less offensive by far Mr. HARRISON. Mr. President; I ask unanimous consent to constitutional provisions than that underlying the pres­ to have inserted in the RECORD, with the names attached, a ent reciprocal trade-agreement act, was under consideration. statement signed by 600 prominent leaders in the fields C'f I refer to the flexible-tariff clause of the Smoot-Hawley bill, education, agriculture, industry, religion, and public affairs, and the flexible-tariff clause of the bill which preceded the urging the continuation of the reciprocal trade agreements Smoot-Hawley bill. When those measures were before the program. With my colleagues on the Finance Committee, I Congress it was stated, first, that they were unconstitu­ was presented this petition a few moments ago by a delegation tional; secondly, that they constituted a delegation of legis­ representing the American Union for Concerted Peace Ef­ lative power by the legislature to the executive department; forts, headed by Mr. Frederick McKee, of Pittsburgh, Pa. and, thirdly, that, from both angles, they were violative of Those who signed this statement are representative of all the spirit and intendment of the organic law. political parties and various kinds of interests. I do not care how this proposal may be dressed; I do not There being no objection, tl\e statement, with the names care what clothing may be placed around it; I do not care attached thereto, was ordered to be printed in the RECORD, with what swaddling clothes it may be enwrapped, it is only as follows: another baby, another attempt to destroy the respect which STATEMENT ON BEHALF OF RECIPROCAL-TRADE AGREEMENTS the people of America have for their organic law. The more The people of the United States deplore the current wars and we destroy that respect, the more those of us who have taken look anxiously for their termination. How can they help to re­ an nath to sustain the organic law permit the impression to move the causes of war and help build permanent peace, so that these terrible calamities will not keep recurring? prevail in the minds of the people of the country that we We, the undersigned, believe there is at hand at least one prac­ have no respect for it; and the more we tear down our form tical way in which the United States can contribute to the removal of government, which some years ago looked as though God of the economic causes of war and can keep open the channels 'Jf Himself had ordained it, yea, more, which in this very hour, international trade against the day when the war will be over and the gigantic problems of economic reconstruction will be before us. holding itself aloof from foreign entanglements, with the That way lies through continuance of the reciprocal-trade agree­ everlasting hope that by our precept and our example we may ments program. prove to the peoples of the world that democracy is a success, Amid all the international economic insanity of the past years, the trade agreements have marked one sane effort to keep open that and, being a success, they can afford to follow our course. flow of international trade so essential to peace. They have been a Mr. President, if we continue to tear down, to chip away rallying point for all those who realize that economic disarmament from the block of constitutional security, session by session, and political disarmament are two aspects of the same problem. time by time, hour by hour, the day will come, if we live For the United States now to repudiate the outstanding effort it has made in the direction of peaceful and orderly economic rela­ long enough, when we, as individuals and as a body, will tions would be one more victory for the dark forces of violence regret and rue it, not because of its effect upon us indi­ and greed. vidually, but because of its effect upon our country to which Even more important today is the fact that the longer the war lasts the greater will be the economic exhaustion of the participants, our boys and girls must look as security for their lives in the greater will be the need of sound economic foundations upon the centuries to come. which to build a new world of law and order. Let us pause before it is too late. Let us pause because in To continue the trade . agreements program will improve the pausing we may emphasize that the Senate of the United chances for a peace that will not carry with it the seeds of fresh trade rivalries and antagonisms. The choice before us is whether States, after all, does mean something. It does mean some­ we shall turn back to the old exclusiveness of economic nationalism thing to be a Senator of the United States; it does mean or shall lead in showing the way to that economic freedom, without something to represent a constituency in the greatest delib­ which political freedom is impossible. erative body in the world, in the upper House, so-called, of Ernest R. Alexander, M.D., New York; A. E. Andress, Hiram .Col­ lege, Hiram, Ohio; Benjamin R. Andrews, Teachers College, Colum­ the Congress of the United States, and that meaning is that bia University, New York; James W. Angell, department of eco­ we will never again pass a law to take from the Constitu­ nomics, Columbia University, New York; Charles C. Arbuthnot, tion the very essence and spirit that was inculcated into that department of economics, Western Reserve University, Cleveland, Ohio; Henry A. Atkinson, general secretary, Church Peace Union memorable and, I hope, everlasting document. and World Alliance for International Friendship, New York; Alice Mr. President, I have gone perhaps too much at length C. Atwood, Washington, D. C.; Nora Atwood, Washington, D. C.; into this question. Perhaps it is because I am wrapped up George P. Auld, New York; Frank Aydelotte, president, Swarthmore College, Swarthmore, Pa.; Dana C. Backus, New York; Louise Laid­ in the subject. I wish now to return to the thought I ex­ law Backus, Flushing, Long Island; Louis Bader, department of ac­ pressed in the beginning of my humble remarks today. I counts and finance, school of commerce, New York University, desire to recur to that thought, because I think it emphat- New York; Clara L. Bailey, Washington, D. C.; Zelma A. Bailey, 3420 CONGRESSIONAL RECORD-SENATE MARCH 26. Washingten, D. C.; Elizabeth F. Baker, professor of economics, Co- · Westfield, N. J.; Michael Francis Doyle, Philadelphia, Pa.; Charles lumbia University, New York; Everett Moore Baker, American Uni­ A. Drew, Worcester, Mass.; Paul Du Bois, Prospect Methodist tarian Association, Boston, Mass.; John W. Baker, Philippine Re­ Church, Bristol, Conn; the Honorable James P. B. Duffy, Rochester, fining Corporation, New York; Emily G. Balch, former professor of N.Y.; Dows Dunham, Museum of Fine Arts, Boston, Mass.; William economics, Wellesley College, Wellesley, Mass.; Everett Clair Ban­ E. Dunkman, college of arts and sciences, University of Rochester, croft, professor of economics, Colgate University, Hamilton, N. Y.; Rochester, N. Y.; Clyde Eagleto~. department of international law, Katherine C. Bang, Shaker Heights, Ohio; De Witt Barlow, presi­ New York University, New York; Elizabeth Eastman, Washington, dent, Atlantic Gulf & Pacific Co., New York; A. J. Barnouw, depart­ D. C.; Sister M. Edouarda, head, department of economics, the ment of Germanic languages, Columbia University, New York; College of Saint Catherine, St. Paul, Minn.; Estelle Ehrlich, West Ruhl J. Bartlett, department of history, Tufts College, Medford, Brighton, Staten ISland, N.Y.; Clark M. Eichelberger, director, League Mass.; N.H. Batchelder, headmaster, Loomis School, Windsor, Conn.; of Nations Association, New York; Mrs. Hiram Elfenbein, Jersey Albert W. Beaven, president, Colgate-Rochester Divinity School, City, N. J.; Haven Emerson, M. D., New York; Mrs. Kendall Emer­ Rochester, N. Y.; Edgar D. Bell, Pittsburgh, Pa.; Conrad Bergen­ son, national board, Y. W. C. A., New York. doff, president, Augustana College, Rock Island, Ill.; Hanna Bern­ A. B. Erickson, Case School of Applied Science, Cleveland, Ohio; hardt, Chevy Chase, Md.; Harry Best, department of sociology, Silas Evans, president, Ripon College, Ripon, Wis.; Frank P. Fabens, University of Kentucky, Lexington, Ky.; William R. Bigler, depart­ Salem, Mass.; Christopher J. Fagan, Department of Economics, Uni­ ment of economics, Ohio State University, Columbus, Ohio; Mary versity of Notre Dame, South Bend, Ind.; Frederick L. Fagley, Gen­ A. Bishop, Guild of Catholic Women, St. Paul, Minn.; Edward C. eral Council Congregational and Christian Churches, New York; Bixler, president emeritus, Blue Ridge College, New Windsor, Md.; Richard Fagley, educational secretary, Church Peace Union, New Mrs. M. F. Bixler, Cleveland, Ohio; Donald Blaisdell, United States York; Charles G. Fenwick, Bryn Mawr College, Bryn Mawr, Pa.; Department of Agriculture, Washington, D. C.; Brand Blanshard, John M. Ferguson, School of Business Administration, University of department of philosophy, Swarthmore College, Swarthmore, Pa.; Pittsburgh, Pittsburgh, Pa.; Genevieve H. Fett, Urbana, Ill.; Gilbert Frank G. Boudreau, M. D., Milbank Memorial Fund, New York; H. Fett, Urbana, Ill.; Frank Albert Fetter, professor emeritus, Prince­ Mary D. Bradford, Kenosha, Wis.; Raymond B. Bragg, First Uni­ ton University, Princeton, N. J.; Edgar J. Fisher, Institute of Inter­ tarian Society, Minneapolis, Minn.; S. J. Brandenburg, Clark Uni­ national Education, New York; Waldo E. Fisher, Industrial Research versity, worcester, Mass.; Theodore D. Bratton, bishop, Episcopal Department, Wharton School, University of Pennsylvania, Philadel• Church, Jackson, Miss.; Sophonisba Breckinridge, professor of pub­ phia, Pa.; Mrs. Henry M. Fiske, St. Paul's School, Concord, N. H.; lic welfare administration, University of Chicago, Chicago, Ill.; Wal­ D. F . Fleming, Vanderbilt University, Nashville, Tenn.; Dorot hea ter N. Breckenridge, Waterville, Maine; J. P. Breedlove, Duke Uni­ Flint, St. Paul's School, Concord, N.H.; J. S. Flipper, bishop, African versity, Durham, N. C.; Horace J. Bridges, the Chicago Wabash Methodist Episcopal Church, Atlanta, Ga.; Arthur A. FobEs. Pitts­ Ethical Society, Chicago, Ill.; Margaret Bridgman, dean, Skidmore field, Mass.; Robert F. Foerster, Princeton, N.J.; Mitchell FoUansbee, College, Saratoga Springs, N. Y.; Lucia R. Briggs, president, Mil­ Chicago, Ill.; Mrs. Mitchell Follansbee, Chicago, Ill.; William Hiram waukee-Downer College, Milwaukee, Wis.; Edgar S. Brightman, Bos­ Foulkes, Old First Church, Newark, N.J.; Margaret Forsyth, National ton University Graduate School, Boston, Mass.; Mrs. Arthur Brin, Board, Y. W. C. A., New York; Emma G. Faye, Y. W. C. A., Ridge­ national chairman, international relations committee, National wood, N. J.; Elvira Fradkin, Montclair, N. J.; Harriette McKnight Council of Jewish Women, Minneapolis, Minn.; Harry Gunnison Franchot, Cambridge, Mass.; D. S. Freeman, editor, Richmond News Brown, department of economics, University of Missouri, Columbia, Leader, Richmond, Va.; E. Stewart Freeman, Wellesley, Mass.; F. DeR. Mo.; William Adams · Brown, Union Theological Seminary, New Furman, dean, Stevens Institute of Technology, Hoboken, N. J.; York; Mrs. William Thayer Brown, West Orange, N. J.; Cornelia J. Bradford Gale, the First Church in Salem, Salem, Mass.; Franklin W. Ganse, Ganse-King Tax Service, Boston, Mass.; Harry A. Garfield, Brown, D. C., East Orange, N. J.; Dr. Esther Brunauer, American president emeritus, Williams College, Washington, D. C.; John Association of University Women, Washington, D. C.; Percival F. Palmer Gavit, Winter Park, Fla.; Paul F. Gemmill, professor of Brundage, New York; Louis F. Buckley, department of economics, economics, University of Pennsylvania, Philadelphia, Pa.; Mrs. University of Notre Dame, South Bend, Ind.; Roy J. Bullock, Johns Harold G. Giddings, Newton Center, Mass.; Harold G. Giddings, Hopkins University, Baltimore, Md.; F. W. Burnham, Seventh Street M. D., Newton Center, Mass.; Max Gideonse, Department of Eco­ Christian Church, Richmond, Va.; J. J. Burns, Nazareth College, nomics, Rutgers University, New Brunswick, N.J.; Charles K. Gilbert, Kalamazoo, Mich.; Paul Burt, director, the Wesley Foundation, Uni­ suffragan bishop, Diocese of New York, New York; Mary B. Gilson, versity of Illinois, Urbana, Ill. Department of Economics, University of Chicago, Chicago, Ill.; John Irvin Bussing, Savings Bank & Trust Co., New York; Sarah But­ M. Glenn, Russell Sage Foundation, New York; Emma E. Godfrey; ler, Cincinnati, Ohio; Arthur W. Buttenheim, president, Frederic Bangor, Maine; John D. Gold, editor, Daily Times, Wilson, N. C.; Snare Corporation, Madison, N. J.; Harold S. Buttenheim, editor, Arthur J. Goldsmith, New York; Eleanor Hunsdon Grady, Hunter American City Magazine, New York; Raymond T. Bye, professor of College, New York; Mrs. Ulysses S. Grant, St. Charles, Ill.; Roland economics, Wharton School, University of Pennsylvania, Philadel­ Gray, Cambridge, Mass.; William Mercer Green, bishop, Episcopal phia, Pa.; Joseph Cadden, executive secretary, American Youth Church, Jackson, Miss.; Theodore A. Greene, First Church of Christ, Congress, New York; Frank E. Calhoun, executive committee, Litch­ New Britain, Conn.; Bessie L. Gribetz, Brooklyn, N. Y.; Harold W. field County Farm Bureau, Cornwall, Conn.; Raymond Calkins, Guest, Baker University, Baldwin, Kans.; Frank Oliver Hall, Church First Church, Cambridge, Mass.; Hen:-y Seidel Canby, Saturday of the Divine Paternity, New York; Dr. Lolabel Hall, Brooklyn, N. Y.; Review of Literature, New York; Benjamin Caplan, department of Royal G. Hall, Albion College, Albion, Mich.; Roswell G. Ham, presi­ economics, Ohio State University, Columbus, Ohio; Charles L. Car­ dent, Mount Holyoke College, South Hadley, Mass.; Thomas R. hart, washington Council of International Relations, Chevy Chase, Hamilton, College Station, Tex.; John E. Hamm, Russell Sage Md.; 0. C. Carmichael, chancelor, Vanderbilt University, Nashville, Foundation, New York; Robert W. Harbeson, Department of Eco­ Tenn.; Elbert L. Carpenter, Minneapolis, Minn.; Alice Carter, na­ nomics, Rutgers University, New Brunswick, N.J.; Edith F. Harcourt, tional board, Y. W. C. A., New York; J. Franklin Carter, Williams­ Council for the Furtherance of International Understanding, Ridge­ town, Mass.; William A. Carter, professor of economics, Dartmouth wood, N. J.; C. H. Haring, Harvard University, Cambridge, Mass.; College, Hanover, N. H.; Lynn M. Case, Louisiana State University, D. M. IJarrison, Department of Economics, Ohio State University, Baton Rouge, La.; Warren B. Catlin, head, department of eco­ Columbus, Ohio; Elizabeth S. Harrison, Indianapolis, Ind.; John S. nomics, Bowdoin College, Brunswick, Maine; Harvey Stuart Chase, Harrison, Butler College, Indianapolis, Ind.; Anne B. G. Hart, Smith Winter Park, Fla.; Reeve Chipman, Andover, Mass.; GeorgeS. Clark, College, Northampton, Mass.; Hornell Hart, Duke University, Dur­ postmaster, Milford, Conn.; Harriet A. Clark, Rumson School, Rum­ ham, N. C.; Livingston Hartley, Washington, D. C.; C. W. Hasek, son, N. J.; J. M. Clark, Westport, Conn.; Orton S. Clark, executive Department of Economics, Pennsylvania State College, State Col­ secretary, Philadelphia Y. M. C. A., Philadelphia, Pa.; Cassius M. lege, Pa.; Barbara Runkle Hawthorne, Cambridge, Mass. Clay, Reconstruction Finance Corporation, Washington, D. C.; Mrs. Arthur Garfield Hays, New York; M. H. Hedges, International John W. Clifton, Illinois Federation of Home Bureaus, Milford, Ill.; Brotherhood of Electrical Workers, Washington, D. C.; E. A. Heil­ Russell J. Clinchy, Center Church, Hartford, Conn.; Ernest T. man, University of Minnesota, Minneapolis; Minn.; Waldo Hein­ Clough, Boston, Mass.; Charles Woolsey Cole, professor of eco­ richs, Middlebury College, Middlebury, Vt.; John M. Henry, Coe nomics, Amherst College, Amherst, Mass.; W. Edwin Collier, direc­ College, Cedar Rapids, Iowa; Harold C. Herman, Oak Park, Ill.; tor, the Philadelphia Ethical Society, Philadelphia, Pa.; Arthur H. Melvin D. Hildreth, Washington, D. C.; Clyde M. Hill, Yale Uni­ Compton, Ryerson Physical Laboratory, ·University of Chicago, Chi­ versity, New Haven, Conn.; Donald M. Hill, Boston, Mass.; Mary L. cago, Ill.; Mrs. Roscoe S. Conkling, national board, Y. W. C. A., Hinsdale, Ann Arbor, Mich.; Mildred Hinsdale, Ann Arbor, Mich.; Pottsville, Pa.; May Estelle Cook, Oak Park, Ill.; Berkeley Cox, Conrad Hobbs, Boston, Mass.; Alton R. Hodgkins, department of Aetna Life Insurance Co., Hartford, Conn.; Garfield V. Cox, Robert economics, Randolph-Macon Woman's College, Lynchburg, Va.; Law Professor of Finance, University of Chicago, Chicago, Ill.; Rabbi Charles Hoffman, Newark, N. J.; Jesse H. Holmes, professor Rea.vis Cox, Wharton School, University of Pennsylvania, Philadel­ emeritus, Swarthmore College, Swarthmore, Pa.; Hamilton Holt, phia, Pa.; C. E. Creitz, former president, board of foreign missions, president, Rollins College, Winter Par:'.t, Fla.; Ralph C. Hon, South­ Reformed Churches in the United States, Easton, Pa.; Harry Cress­ western, Memphis, Tenn.; Francis W. Hopkins, New Jersey College roan, chaplain, Muhlenberg Christian Association, Muhlenberg Col­ for Women, New Brunswick, N.J.; Jacob Horak, Heidelberg College, lege, Allentown, Pa.; Leonard W. Cronkhite, Cambridge Mass.; Tiffin, Ohio; Roy M. Houghton, New Haven, Conn.; Daniel Howard, Wilbur L. Cross, former Governor of Connecticut, New Haven, superintendent emeritus, Windsor Schools, Windsor, Conn.; Stanley Conn.; Frances G. Curtis, Boston, Mass.; John S. Custer, Avon Old E. Howard, Princeton University, Princeton, N. J.; J. Ruskin Howe, Farms School, Avon, Conn.; Stanton Ling Davis, Case School of president, Otterbein College, Westerville, Ohio; Alice E. Howeli, Applied Science, Cleveland, Ohio; S. W. Davis, department of eco­ State Board of Education, Bethany, Conn.; Walter M. Howlett, sec­ nomics, Ohio State University, Columbus, Ohio; Della Dearborn, retary, Greater New York Federation of Churches, New York; Walter Indianapolis, Ind.; Dorr Diefendorf, Drew Theological Seminary, Hullihen, president, University of Delaware, Newark, Del.; Pearson Madison, N. J.; Ethel B. Dietrich, professor of economics, Mount Hunt, department of economics, Yale University, New Haven, Conn.; Holyoke College, South Hadley, Mass.; Esther M. Dodson, Philadel­ George B. Hurff, Jr., department of economics, University of Penn­ phia, Pa.; Leonidas Dodson, PhUadelphia, Pa.; Marion Douglas, sylvania, Philadelphia, Pa.; William Lloyd Imes, St. James Presby- 1940 CONGRESSIONAL RECORD-SENATE 3421 terian Church, New York; Samuel Guy Inman, Committee on co­ editor, Der Friedensbote, St. Louis, Mo.; Ernest B. Price, Interna­ operation in Latin America, New York; Richard K. Irons, Groton tional House, Chicago, Ill.; Harry Price, director, American Commit­ School, Groton, Mass.; Henry Israel, Hastings-on-Hudson, N. Y.; tee for Non-Participation in Japanese Aggression, New York; Joseph Charles Jackson, Boston, Mass.; 0. B. Jesness, University of Minne­ H. Prior, Board of Education, Chicago, Ill.; Marion A. Pufahl, sota, Minneapolis, Minn.; Philip C. Jessup, Columbia University, National Board, Y. W. C. A., Kalamazoo, Mich.; Elinor K. Purves, New York; F. Ernest Johnson, Federal Council of Churches of Christ Princeton, N.J.; Rabbi Max Raisin, Paterson, N.J.; Laura Rapaportr in America, New York; Thomas Roy Jones, president, American Type National Counctl of Jewish Women, New York; Lucy Reddish, State Founders, Inc., Elizabeth, N.J.; Mrs. David Starr Jordan, Palo Alto, Teachers College, Willimantic, Conn.; Katherine T. Reed, Belmont, Calif.; Horace M. Kallen, New School for Social Research, New York; Mass.; Arthur Minot Reed, Belmont, Mass.; Mrs. Charles L. Reizen­ A. Philip Keeler, The Fuller Brush Co., Hartford, Conn.; Paul stein, Pittsburgh, Pa.; F. Bayard Rives, New York; Elizabeth B. Kellogg, editor, Survey Graphic, New York; Edwin C. Kemble, Har­ Robbins, West Orange, N.J.; Donald A. Roberts, College of the City vard University, Cambridge, Mass.; M. Slade Kendrick, department of New York, New York; David A. Robertson, president, Goucher of agricultural economics and farm management, New York State College, Baltimore, Md.; Charlotte C. Root, Waterbury, Conn.; College of Agriculture, Ithaca, N. Y.; Dorothy Kenyon, New York; Bernard J. RothwelL Boston, Mass.; George Rublee, Washington, William H. Kilpatrick, Columbia University, New York; John I. D. C.; Gertrude Runkle, Cambridge, Mass.; John C. Runkle, Cam­ Knudson, Brooklyn Polytechnic Institute, Brooklyn, N.Y.; Rebekah bridge, Mass.; Paul Rusby, Middlebury College, Middlebury, Vt.; Kohut, New York; George S. Lackland, The First Church, New Irving Sands, M. D., Brooklyn., N. Y.; Mrs. Irving Sands, National Haven, Conn.; w. P. Ladd, dean, Berkeley Divinity School, Yale Council of Jewish Women, Brooklyn, N. Y.; Michael Sapir, depart­ University, New Haven, Conn.; Joseph P. Lash, New York; R. J. ment · of economics, Ohio State University, Columbus, Ohio; J. Henry Laubengayer, publisher, Salina Journal, Salina, Kans.; Leonard A. Scattergood, Philadelphia, Pa.; Harry Scherman, president, Book-of­ Lawson, Hobart College, Geneva, N. Y.; Edmund J. Lee, rector, the-Month Club, Inc., New York; William Jay Schieffelin, New York; Chatham Hall, Chatham, Va.; Elbert Lenrow, Fieldston School, New Edgar Schmiedeler, director, Rural Life Bureau, National Catholic York; Walter Lichtenstein, First National Bank of Chicago, Chicago, Welfare Conference, Washington, D. C.; Boris Schoenfeldt, profes­ Til.; Samuel McCUne Lindsay, Columbia University, New York; sor of economics, Columbia University, New York; Karl Scholz, Plautus I. Lipsey, Jr., De Land, Fla.; Robert M. Lockwood, 3d, Wharton School, University of Pennsylvania, Philadelphia, Pa.; Cambridge, Mass.; Dean Long, Evansville College, Evansville, Ind.; Robert SchUltz, Drew University, Madison, N. J.; Robert Livingston Arthur 0. Lovejoy, Baltimore, Md.; Lucy Lowell, Boston, Mass.; Schuyler, Columbia University, New York; Ellery Sedgwick, former Cornelia B. Lusk, St. Paul, Minn.; James G. Lyne, Simmons-Board­ editor, the Atlantic Monthly, Boston, Mass.; Fanny Grinnell Shaw, man Publishing Corporation, New York; E. Wilson Lyon, Colgate Burlington, Vt.; John H. Sheehan, department of economics, Uni­ University, Hamilton, N. Y.; J. A. MacCallum, The Walnut Street versity of Notre Dame, South Bend, Ind.; Father Maurice S. Sheehy, Presbyterian Church, Philadelphia, Pa.; John MacDuffie, principal, head, department of religious education, Catholic University of MacDuffie School, Springfield, Mass. America, Washington, D. C.; Helena B. Shipman, Boston, Mass.; The Reverend Dr. Donald MacLean, Catholic University of America, E. W. Sikes, president, Clemson Agricultural College, Clemson, s. C.; Washington, D. C.; the Honorable Theodore Marburg, Baltimore, Kenneth C. M. Sills, president, Bowdoin College, Brunswick, Md.; Arthur W. Marget, University of Minnesota, Minneapolis; Minn.; Maine; Henry C. Simons, University of Chicago, Chicago, Til.; Ethel Angela Margraf, Ursuline College, Cleveland, Ohio; Mrs. Samuel L. H. Sinclair, Indianapolis, Ind.; Julia King Smith, secretary-treas­ Markell, Boston, Mass.; Charles F. Marsh, College of William and urer, Kansas Farm Bureau, Manhattan, Kans.; Myra A. Smith, . Mary, Williamsburg, Va.; Herbert Martin, State University of Iowa, National Board, Y. W. C. A., New York; Newlin R. Smith, school of Iowa City, Iowa; Amy J. Marvel, president, Woman's Missionary business administration, University of Buffalo, Buffalo, N. Y.; Rich­ Union of Friends in America, Richmond, Ind.; Kirtley F. Mather, ard R. Smith, editor, Books in Brief, New York; Sidney B. Snow, Harvard University, Cambridge, Mass.; Oscar E. Maurer, moderator, president, the Meadville Theological School, Chicago, Ill.; Frank A. General Council of Congregational and Christian Churches, New Southard, Jr., department of economics, Cornell University, Ithaca, Haven, Conn.; William D. Max, Brooklyn, N.Y.; James A. Maxwell, N. Y.; Robert E. Speer, former president, Federal Council of Clark University, Worcester, Mass.; John McChesney, Lakeville, Churches of America, Millerton, N. Y.; 0. M. W. Sprague, graduate Conn.; Rhoda McCulloch, editor, Women's Press, Y. W. C. A., New school of business administration, Harvard University, Cambridge, York; Joseph L. McDonald, department of economics, Dartmouth Mass.; Neil Staebler, Staebler-Kempf Oil Co., Ann Arbor, Mich.; College, Hanover, N.H.; the Very Reverend John M. McGann, Boston, Eugene Staley, Fletcher School of Law and Diplomacy, Medford, Mass.; A. D. Mcintosh, dean, Taft School, Watertown, Conn.; Marion Mass.; George St. John, headmaster, the Choate School, Walling­ K. McKay, professor of economics, University of Pittsburgh, Pitts­ ford, Conn.; Mark Starr, educational director, International Ladies' burgh, Pa.; Frederick McKee, vice president, West-Penn Cement Co., Garment Workers Union, New York; Alfred E. Stearns, headmaster Pittsburgh, Pa.; W. W. McLaren, Williams College, Williamstown, emeritus, Phillips Academy, Danvers, Mass.; Perry J. Steams, Mil­ Mass.; William N. McNair, Pittsburgh, Pa.; Wayne L. McNaughton, waukee, Wis.; Thomas M. Steele, president, the First National Bank University of North Dakota, Grand Forks, N.Dak.; George W. Mead, & Trust Co., New Haven, Conn.; J. Rauch Stein, stated clerk, the Asheville, N. C.; Edward B. Meigs, Washington, D. C.; William Eastern Synod of the Evangelical and Reformed Church, Philadel­ Melcher, professor of business administration, Rollins College, phia, Pa.; N. I. Stone, former chief, foreign tariff division, Winter Park, Fla.; Frank L. Meleney, M. D., Columbia University, department of commerce, New York. New York; John Howard Melish, Church of the Holy Trinity, Brook­ Lyman Beecher Stowe, New York; S. Warren Sturgis, Boston, lyn, N. Y.; Rudolph K. Michels, chairman, business specialization, Mass.; Sidney C. Sufrin, department of economics, Ohio State Uni­ Hunter College, New York; Zola M. Millard, Washington, D. C.; versity, Columbus, Ohio; M. A. Svedinger, Gogebic Junior College, Frieda S. Miller, industrial commissioner of the New York State Ironwood, Mich.; Alfred W. Swan, First Congregational Church, Department of Labor, New York; Glenn W. Miller, University at Madison Wis.; Marion Sweeney, institute of local and State govern­ Toledo, Toledo, Ohio; Marion M. Miller, director, United Parents ment, University of Pennsylvania, Philadelphia, Pa.; Stephen Association of New York City, New York; Sedgwick Minot, New York; Sweeney, institute of local and State government, University of Wesley C. Mitchell, Columbia University, New York; Paul D. Moody, Pennsylvania, Philadelphia, Pa.; Paul P. Swett, Jr., Connecticut president, Middlebury College, Middlebury, Vt.; Hugh Moore, presi­ General Life Insurance Co., Hartford, Conn.; Herbert Bayard Swope, dent, Dixie-Vortex Co., Easton, Pa.; Mrs. James Lowell Moore, New York; Charles P. Taft, Cincinnati, Ohio; Horace D. Taft, Water­ Cambridge, Mass.; Mrs. E. K. Morrow, Salina, Kans.; Philip C. Nash, town, Conn.; Helen Garner Talboy, Washington, D. C.; John A. president, University of Toledo, Toledo, Ohio; William Allan Neilson, Tate, state superintendent of missions, Disciples of Christ, Rich­ president emeritus, Smith College, New York; W. D. Nicholls, de­ mond, Va.; F. W. Taussig, professor emeritus, Harvard University, partment of agriculture, University of Kentucky, Lexington, Ky.; Cambridge, Mass.; Albion G. Taylor, department of political econ- C. V. Noble, agricultural economist, University of Florida, Gaines­ . omy, College of William and Mary, Williamsburg, Va.; George R. ville, Fla.; John S. Nallen, president, Grinnell College, Grinnell, Taylor, department of economics, Amherst College, Amherst, Mass.; Iowa; E. G. Nourse, Brookings Institution, Washington, D. C.; Howard M. Teaf, Jr., Haverford College, Haverford, Pa.; Helen Katherine M. Noyes, Urbana, TIL; William Albert Noyes, University ot Thatcher, general secretary, Y. W. C. A., New Haven, Conn.; F. R. illinois, Urbana, Ill.; Amy Oakley, Villa Nova, Pa.; Thornton Oakley, Thurber, Tilden-Thurber Corporation, Providence, R. I.; Margaret Villa Nova, Pa.; William Griffin O'Hare, Jr., department of economics, S. Tinne, Cincinnati, Ohio; Ernest F. Tittle, First Methodist Church, University of Notre Dame, South Bend, Ind.; Herluf Olsen, Dart­ Evanston, Ill.; E. T. Towne, dean, school of commerce, University of mouth College, Hanover, N.H.; William Orton, department of eco­ North Dakota, Grand Forks, N. Dak.; Mrs.. Frank Day Tuttle, New nomics, Smith College, Northampton, Mass.; William Bradley Otis, York; Francis Tyson, School of Business Administration, Pittsburgh, College of the City of New York, New York; George Packard, Packard, Pa.; RoyalS. Van de Woestyne, University of Chicago, Chicago, Ill.; Barnes, McC::mghey & Schumacker, Chicago, Ill.; .George L. Paine, Tertius Van Dyke, headmaster, gunnery school, Washington, Conn.; Boston Church Council, Boston, Mass.; Clifton Palmer, Pittsfield, Mrs. A. Van Poznak, Newark, N. J.; Floyd L. Vaughan, depart­ Mass.; E. A. Palmquist, executive secretary, the Philadelphia Fed­ ment of marketing, College of Business Administration, Univer­ eration of Churches, Philadelphia, Pa.; Ernest Minor Patterson, sity of Oklahoma, Norman, Okla.; W. Everett Ver Planck, Salem, professor of economics, University of Pennsylvania, Philadelphia, Mass.; Seth Wakeman, Smith College, Northampton, Mass.; E. H. Pa.; George Stuart Patterson, George H. McFadden Co., Philadelphia, Waldo, professor emeritus, University of Illinois, Urbana, Ill.; Pa.; Harvey W. Peck, Syracuse University, Syracuse, N. Y.; Paul S. Mina S. Waldo, Urbana, Ill.; Elizabeth Hobbs Walker, Boston, Mass.; Peirce, department of economics, Oberlin College, Oberlin, Ohio; John C. Walker, the Second Congregational Church, Waterbury, Bliss Perry, Harvard University, Cambridge, Mass.; Ralph Barton Conn.; J. Skottowe Wannamaker, president, American Cotton As­ Perry; Harvard University, Cambridge, Mass.; Rudolph Peterson, de­ sociation, St. Matthews, S. C.; James E. Ward, professor of eco­ partme;nt of commerce, economics, and finance, Bucknell University, nomics, Clemson College, Clemson, S. C.; Kate M. Ward, Downers Lewisburg, Pa. Grove, Ill.; Nancy Avery \Vard, Downers Grove, Ill.; Constance Dorothy B. Piquet, Washington, D. C.; Charles W. Pipkin, dean, Warren, president, Sarah Lawrence College, Bronxville, N. Y.; D. N. graduate school, Louisiana State University, Baton Rouge, La.; John Waters, Bankers Life Co., Des Moines, Iowa; Myron W. Watkins, 0. Platt, Insurance Co. of North America, Philadelphia, Pa.; Frank New York University, New York; J. Donald Watson, South Bend, L. Polk, New York; Margaret B. Powell, Madison, N. J.; Otto Press, Ind.; James B. Weaver, Des Moines, Iowa; Anne Holliday Webb, L:XXXVI--216 3422 ·coNGRESSIONAL RECORD-SENATE MARCH 26 Museum of Fine Arts, Boston, Mass.; Amy Ogden Welch, Ameri­ Francisco, Calif.; J. Stanley Edwards, Aetna· Life Insurance Co., can Board of Commissioners for Foreign Missions, Hartford, Conn.; Denver, Colo.; Paul Edwards, associate editor, News, San Francisco, Ronald B. Welch, National Association of Assessing Officers, Chi­ Calif.; Kimpton Ellis, Los Angeles, Calif.; John B. Ewing, Washing­ cago, Ill.; Hiller C. Wellman, city library, Springfield, Mass.; Mrs. ton, D. C.; E. L. Fackt, University of Denver, Denver, Colo.; Lon T. Maurice N. Weyl; Philadelphia, Pa.; Mrs. Elizabeth Whiting, Fidler, Denver, Colo.; George Filipette, school of business admin­ Council for Social Action, New York; Edward Wiest, dean, col­ istration, University of Minnesota, Minneapolis, Minn.; H. H. Fisher, lege of ·commerce, University of Kentucky, Lexington, Ky.; the Hoover Library, Stanford University, California; Frank S . .Clair Wilcox, department of economics, Swarthmore College, Gaines, mayor, Berkeley, Calif.; Thomas R. Gaines, Pasadena, Swarthmore, Pa.; Ernest H. Wilkins, president, Oberlin College, Calif.; Horace N. Gilbert, California Institute of Technology, ·pasa­ Oberlin, Ohio; William J. Wilkinson, Colby College, Waterville, Maine; dena, Calif.; Jesse R. Gillespie, South Pasadena, Calif.; E. A. Gil­ Walter Wilcox, Ithaca, N. Y.; Charles W. Williams, head, depart­ more, Jr., college of business administration, University of Ne­ ment of economics, University of Louisville, Louisville, Ky.; braska, Lincoln, Nebr.; Louise Greenman Goodwin, Long Beach, Mary Wilhelmine Williams, Goucher College, Baltimore, Md.; James Calif.; John E. Gorsuch, Denver, Colo.; William C. Greene. Harvard Waterman Wise, Council Against Intolerance in America, New University, Cambridge, Mass.; Roger S. Hamilton, Northeastern York; Dr. Stephen Wise, rabbi, Free Synagogue, New York; Mrs. University, Boston, Mass.; John Eugene Harley, University of South­ Schulyer c. Woodhull, Minneapolis, Minn.; Walter C. Woodward, ern California, Los Angeles, Calif.; Walter D. Head, Montclair, N.J.; editor, the American Friend, Richmond, Ind.; G. W. Woodworth, Glenn Hoover, chairman, department of economics, Mills College, Amos Tuck School, Dartmouth College, Hanover, N. H.; Primrose California; Philip Hornbein, Denver, Colo.; Eliza Keith Howe, Deer­ Woolverton, secretary, Y. W. C. A., Hartford, Conn. · field, Mass.; Lucy 0. Hunt, national public affairs committee, Chester W. Wright, department of economics, University of Chi­ Y. W. C. A., Hartford, Conn.; Rudolph Johnson, State senator and cago, Chicago, Ill.; Quincy Wright, University of Chicago, Chicago, secretary, Colorado State Grange, Denver, Colo.; A. D. H. Kaplan, nl.; W. L. Wright, president, Lincoln University, Pennsylvania; department of economics, University of Denver, Denver, Colo.; J. G. W. A. Young, acting president, Friends University, Wichita, Kans.; Larson, Denver, Colo.; P. I. Lipsey, editor, Baptist Record, Jackson, Bernard Iddings Bell, St. Johns Cathedral, Providence, R. I.; W. H. Miss.; Edgar A. Lowther, First Congregational Methodist Temple, Bocock, University of Georgia, Athens, Ga.; Roy J. Burroughs, San Francisco, Calif.; Albert Howe Lybyer, University of Illinois, economist, Federal Housing Administration, Washington, D. C.; Urbana, Ill.; Frank Abbott Magruder, dean of men, Oregon State Henry M. Busch, Western Reserve University, Cleveland, O~io; Mary College, Corvallis, Oreg.; A. R. Masten, M. D., Denver, Colo.; I. Y. L. Cady, general secretary, Y. W. C. A., San Francisco, Calif.; Ralph Masten, University of Denver, Dern.ver, Colo.; Alonzo May, depart­ M. Carson, New York; J. S. Cleland, dean, Monmouth College, Mon­ ment of economics, University of Denver, Denver, Colo.; Samuel C. mouth, Ill.; Mrs. Earle E. Cowin, Washington State Federation of May, University of California, Berkeley, Calif.; Don McGraw, Port­ Women's Clubs, Wapato, Wash.; Mrs. Leslie N. Crichton, Livingston, land, Oreg.; Douglas Miller, University of Denver, Denver, Colo.; N.J.; Courtenay Crocker, Boston, Mass.; Hazel M. Cushing, Somer­ Edmund T. Miller, department of economics, University of Texas, ville, Mass.; J. M. Dawson, First Baptist Church, Waco, Tex.; John Austin, Tex.; James K. Moffit, vice president, Crocker First National Warren Day, Dean of Grace Cathedral, Topeka, Kans.; Overton G. Bank, and president, Blake, Moffit & Towne, San Francisco, Calif.; Ellis, Federal District Court, Tacoma, Wash.; Mrs. Overton G. Ellis, L. A. Moorhouse, Colorado State College, Fort Collins, Colo. Tacoma, Wash.; Edward W. Evans, Philadelphia, Pa.; Perry Evans, Julian Morgenstern, president, Hebrew Union College, Cincinnati, San Francisco, Calif.; Delbert R. French, department of economics, Ohio; Victor Morris, School of Business Administration, University University of Oregon, Eugene, Oreg.; Robert Galbreath, president, of Oregon, Eugene, Oreg.; Ray Murphy, Association of Casualty and Westminster College, New Wilmington, Pa.; Harold L. Gosnell, Surety Executives, New York; · Mrs. Burton W. Musser, Salt Lake University of Chicago, Chicago, Ill.; H. C. Graebner, professor of City, Utah; Bernard Nobel, Reed College, Portland, Oreg.; Richard economics, Westminster College, New Wilmington, Pa.; Georgia M. Packard, Boston, Mass.; Fred D. Parr, president, Parr Terminal, Harkness, Garrett Biblical Institute, Evanston, IlL; Wiley Lin Hurie, San Francisco, Calif.; Edward L. Parsons, bishop, the Diocesan the College of the Ozarks, Clarksville; Ark.; Mrs. Harry Johnson, House, San Francisco, Calif.; Charles Shirley Potts, School of Law, secretary, Foreign Policy Forum, Portland, Oreg.; Eliot Jones, Southern Methodist University, Dallas, Tex.; Mrs. Robert H. Pretz­ professor of economics, Stanford University, Calif.; Elizabeth T. feld, Los Angeles, Calif.; I. D. Quinlan, Jr., president, Foreign Trade Kent, Kentfield, Calif.; Robert J. Kerner, University of California, Association, San Francisco Chamber of Commerce, San Francisco, Berkeley, Calif.; W. P. King, editor; Christian Advocate, Nashville, Calif.; Irving Reichart, rabbi, Temple Emanu-el, San Francisco, Tenn.; Grayson Kirk, University of Wisconsin, Madison, Wis.; Mrs. Calif.; Mrs. Aurelia H. Reinhardt, president, Mills College, Oakland, David S. Long.; Harrisonville, Mo.; Mrs. M. L. Marks, Dallas, Tex.; Calif.; Eugene B. Riley, Thomas Jefferson High School, Brooklyn, Charles E. Martin, University of Washington, Seattle, Wash.; Mrs. N. Y.; Howard Chandler Robbins, Santa Barbara, Calif.; Chester M. S. McDuffee, Nebraska Synodical Society, Norfolk, Nebr.; John Rowell, San Francisco Chronicle, San Francisco, Calif.; Mary W. McLaren, major, United States Army, retired, Albany, Calif.; Mrs. Ruffner, League of Women Voters, Denver, Colo.; John Sacks, de­ A. J. Miller, Sumner, Mo.; Emma Guffey Miller, Washington, D. C.; partment of economics, University of Denver, Denver, Colo.; Arthur L. A. Miller, former Governor of Wyoming, Cheyenne, Wyo.; Mrs. Salz, department of economics, Ohio State University, Columbus, Lewis Minion, home and community director, Minnesota Farm Ohio; George W. Sanford, Case School of Applied Science, Cleve­ Bureau, St. Paul, Minn.; Harry L. Moller, Los Angeles, Calif.; Henry land, Ohio; David J. Saposs, National Labor Relations Board, Wash­ Clay Newcomer, brigadier general, United States Army, retired, ington, D. C.; Willard C. Selleck, Riverside, Calif.; Morrison Shaf­ Washington, D. C.; Violet Oakley, Philadelphia, Pa.; Hubert Phillips, roth, Denver, Colo.; Geoffrey Shepherd, Iowa State College, Ames, Fresno State College, Fresno, Calif.; Olive I. Reddick, Hood College, Iowa; Frederick Barreda Sherman, San Francisco, Calif.; Minot Frederick, Md.; Winfield W. Riefier, Institute for Advance Study, Simons, All Souls Unitarian Church, New York; J. H. Sinclair, School for Economics and Politics, Princeton, N. J.; Henrietta Occidental College, Los Angeles, Calif.; Eugene R. Smith, headmas­ Roelofs, New Canaan, Conn.; Teresina Peck Rowell, Hinsdale, III.; ter, Beaver County Day School, Chestnut Hill, Mass.; Walter B. Wilfred A. Rowell, Hinsdale, Ill.; Charles F. Saunders, Pasadena, Smith, department of economics, Williams College, Williamstown. Calif.; R. W. Schlosser, president, Elizabethtown College, Elizabeth­ Mass.; Georgiana H. Smurthwaite, Kansas State College of Agricul­ town, Pa.; E. T. Sergott, Catholic University of America, Washing­ ture and Applied Science, Manhattan, Kans.; John A. Sowers, sec­ ton, D. C.; Henry Wood Shelton, La Jolla, Calif.; Guy Emery Shipler, retary, foreign trade department, Oakland Chamber of Commerce, editor, the Churchman, New York.; R. M. Shipman, Wesley Metho­ Oakland, Calif.; Margaret F. Stone, chairman, committee on peace dist Church, Des Moines, Iowa; E. D. Strong, professor of economics, and international relations, Women's Trade-Union League, Wash­ Grinnell College, Grinnell, Iowa; Mabel D. Taylor, La Moure, ington, D. C.; L. V. Storks, Denver, Colo.; Stuart Strong, State N. Dak.; Mrs. Jay E. Tone, Des Moines, Iowa; James B. Trant, dean, Mutual Life Assurance Co., Portland, Oreg.; Rebekah L. Taft, the College of Commerce, Louisiana State University, University, La.; · Rectory, Wakefield, R. I.; E. Guy Talbott, San Francisco, Calif.; Clifton M. Utley, Chicago Council on Foreign Relations, Chicago, Alice P. Tapley, Boston, Mass.; J. E. Taylor, dean, Doane College, III.; William J. Warner, Dickinson College, Carlisle, Pa.; Gordon S. Crete, Nebr.; Howard C. Tilton, professor of economics, University Watkins, University of California at Los Angeles, Los Angeles, Calif.; of Redlands, Redlands, Calif.; John W. Tuthill, Northeastern Uni­ Caroline K. Watson, South Bend, Ind. versity, Boston, Mass.; Mrs. J. C. Urquhart, Los Angeles, Calif.; Roy W. W. Waymack, vice president and editor, the Register and L. Van Deman, Whittier Institute of International Relations, Whit­ Tribune, Des Moines, Iowa; William Allen White, Emporia, Kans.; tier, Calif.; Grace C. Wight, Bloomington, Ill.; John F. Wight, Annie C. Woodward, Massachusetts Teachers Association, Boston, Bloomington, Ill.; Harold G. Wilson, Denver, Colo.; S. P. Wing, Mass.; Mary J. Workman, Los Angeles, Calif.; Jane R. Yetter, Fergus Denver, Colo.; D. Robert Yarnall, Chestnut Hill, Philadelphia, Pa.; Falls, Minn.; Clement Ackerman, Reed College, Portland, Oreg.; Dale Yoder, School of Business Administration, University of Minne­ JohnS. Ackermann, Thomas Jefferson High School, Brooklyn, N.Y.; sota, Minneapolis, Minn.; R. N. Benjamin, Pennsylvania Farm Bu­ . Brother Albert, president, St. Mary's College, Oakland, Calif.; Milton reau Federation, Harrisburg, Pa.; Paul H. Douglas, department of Bennion, University of Utah, Salt Lake City, Utah; T. D. Board­ economics, University of Chicago, Chicago, Ill.; Charles K. EdmUnds, man, San Francisco, Calif.; Theodore Boggs, professor of economics, president, Pomona College, Claremont, Calif.; Ralph K. Hickok, Stanford University, California; Richard M. Bosworth, Denver, Colo.; president, Western College, Oxford, Ohio; E. C. Holland, president, A. J. Bromfield, president, Building & Loan Co., Denver, Colo.; State College of Washington, Pullman, Wash.; Joseph Lee, Jr., Bos­ Roy E. Brown, department of economics, University of Denver, ton public schools' school committee, Boston, Mass.; Mrs. C. D. Denver, Colo.; Elizabeth Christman, secretary-treasurer, National MacLennan, president, Washington State League of Women Voters, Women's Trade Union League of America, Washington, D. C.; W. L. Tacoma, Wash.; William P. Merrill, president, World Alliance and Clayton, Anderson, Clayton & Co., Houston, Tex.; Dorothy Bushnell Church Peace Union, New York; G. Ashton Oldham, bishop, Epis­ Cole, Winnetka, Ill.; Arthur G. Coons, professor of economics, Clare­ copal Church, Albany, N. Y.; Estes Snedecor, United States Court­ mont Colleges, Claremont, Calif.; Marion K. Davenport, Deerfield, house, Portland, Oreg.; Iqa M. Tarbell, New York; James P. War­ Mass.; Dora K. Degen, dean of women, Alfred University, Alfred, burg, New York. N. Y.; Monroe Deutsch, vice president and provost, University of Mrs. Alfred Bromfield, Denver Colo.; Mrs. Arthur 0. Choate, New California, San Francisco, Calif.; Meivyn Douglas, Hollywood, Calif.; York; Norman F. Coleman, Macalester College, St. Paul, Minn.; H. C. Dunlap, secretary, Dried Fruit Association of California, San J. D. Coppock, department of economics, University of California. 1940 CONGRESSIONAL RECORD-SENATE 3423 Berkeley, Calif.; Ira B. Cross, professor of economics, University of Across the boundary line in Russia, where Joseph Stalin is California, Berkeley, Calif.; C. A. Duniway, Stanford University, the dictator, we find a regime which is based upon the fears California; Mrs. Henry c. Eaton, Waltham, Mass.; Charles A. Ell­ wood, Duke University, Durham, N. C.; Francis H . Herrick, Mills of the dispossessed and those who did not have any property. College, California; Halford L. Hoskins, Fletcher School of Law and In that cou.ntry there was frankly set up what was called a Diplomacy, Medford, Mass.; Howard E. Jensen, Duke University, dictatorship of the proletariat, a dictatorship which is op• Durham, N. C.; Chase Kimball, Waterbury, Conn.; Freda Kirchwey, editor, the Nation, New York; Benjamin H. Kizer, Spokane, Wash.; posed not only to the forms of democracy but also to all Samuel Koch, rabbi, Congregation Temple De Hirsch, Seattle, Wash.; those canons of religious thought to which Christian peoples Harriet B. Laidlaw, New York; Morris S. Lazaron, rabbi, Baltimore for almost 2,000 years have been devoted. Hebrew Congregation, Baltimore, Md.; Isador Loeb, dean, School In of Business and Public Administration, Washington University, St. Italy the third of these dictators is the head of a great Louis, Mo.; M. S. Nickelsburg, San Francisco, Calif.; Robert B. people, who believe in the fundamental doctrines of Chris­ Pettengill, University of Southern California, Los Angeles, Calif.; tianity. Anne Grace Sawyer, Forest Park, Ill.; Katharine V. Silverthorn, So we have a combination of three men, representing, as I chairman, National Committee of Church Women, Philadelphia, Pa.; Harry W. Smith, department of economics, University of New Hamp­ have said, the reverse of all the principles and ideals for shire, Durham, N.H.; W. F . Stinespring, Duke University, Durham, which America has stood, who are undertaking to dominate N. C.; Sara H. Stites, chairman, division of social studies, Simmons the lives of all the inhabitants of Europe. College, Boston, Mass.;· George W. Stocking, department of eco­ Across the Pacific Ocean, in the other hemisphere, we find nomics, University of Texas, Austin, Tex.; Leslie Thompson, New York; Howard Y. Williams, League for Independent Political Action, a similar movement in progress, and the Republic of China, St. Paul, Minn.; Mary E. Woolley, Westport, N. Y. established within our time, is being crushed by a military power. Mr. O'MAHONEY obtained the floor. We like to believe that we in the United States want to see Mr. KING. Mr. President, I suggest the absence of a the democratic principle preserved and defended. We like to quorum. believe that we want to see the democratic principle prevail. The PRESIDING OFFICER (Mr. GURNEY in the chair). It was because of that fundamental belief in the minds and · The clerk will call the roll. hearts of our people-and I am speaking frankly-that Con­ The Chief Clerk called the roll, and the following Senators gress within a very short time, in the extraordinary session answered to their names: last year, amended the Neutrality Act, for purposes which Adams E'lender Lodge Schwartz were perfectly apparent at that time. Ashurst Frazier Lucas Schwellenbach Yet we are here today discussing a measure which, as dem­ Austin George Lundeen Shepp~rd Bankhead Gerry McCarran Shipstead onstrated by the unanswerable argument of the senior Sena­ Barbour Gibson McKellar Slattery tor from Nevada [Mr. PITTMAN] yesterday, and the equally Barkley G11lette McNary Smith Bilbo Green Maloney Stewart unanswerable argument of the junior Senator from Nevada Bone Gurney Mead Taft [Mr. McCARRANJ today, strikes at the very root of our consti­ Bulow Hale Miller Thomas, Idaho tutional form of government. So the people of America, who Byrd Harrison Minton Thomas, Okla. Byrnes Hatch Murray Thomas, Utah believe in democracy, who want to see democracy prevail Capper Hayden Neely Tobey throughout the world, are asked to carry their beliefs into Caraway Herring Norris Townsend action by abandoning the democratic principle. Chandler Holman Nye Tydings Chavez Holt O'Mahoney Vandenberg Mr. President, it seemed to me a very tragic circumstance Clark, Idaho Hughes Overton VanNuys that when the senior Senator from Nevada spoke yesterday Clark, Mo. Johnson, Calif. Pepper Wagner Con nally Johnson, Colo. Pittman Walsh and when the junior Senator from Nevada spoke today it Davis King Reed White was scarcely possible at any time to marshal more ·than 20 Donahey La Follette Reynolds Wiley senators on the floor to listen to the arguments. It is per­ Downey Lee Russell fectly obvious that those who are in charge of the joint The PRESIDING OFFICER. Eighty-three Senators hav­ resolution who absent themselves from the floor have under­ ing answered to their names, a quorum is present. taken to carry this measure by a policy of silence. No Mr. O'MAHONEY. Mr. President, incomparably the great­ effort was made to reply to the Senators from Nevada yes­ est issue before this Nation and before the world is the ques­ terday or today. No effort was made by those who are de­ tion whether or not democratic government shall continue to fending the joint resolution to develop the argument or to exist. If it were not for my deep feeling that this is an issue oppose the arguments which were presented. It seems to upon which we in this Chamber are about to pass, I should not me that the reason is obvious. These arguments are, as I trespass upon the time of the Senate. stated a moment ago, unanswerable. It must be obvious to every person who gives consideration I rise now only for the purpose, as I have said, of putting tc what is happening in the world that the permanency of myself on record in order that there may be no question popular government as we know it in the United States is that in this critical period of world history I am standing now actually in the balance. Within 2 weeks the dictator upon this floor for the maintenance of the democratic process of one great empire in Central Europe had a conference and constitutional procedure. with another dictator in a pass of the Alps, as a result of At the beginning of the discussion this afternoon I wish which word has gone forth that these two dictators are to read into the RECORD certain provisions of the Constitution endeavoring now to invite into conference and agreement of the United States upon which I believe this argument with them a dictator who controls the Union of Soviet Social­ turns. I shall then ask that there be printed in the RECORD ist Republics. The curious thing which must arouse the as an appendix to my remarks the full text of the Reciprocal fear, I might say, of every American citizen and every other Trade Agreements Act, approved June 12, 1934. person who believes in democracy is that these three dictators The first part of the Constitution to which I desire to call represent absolutely different points of view. Mr. Hitler, who attention, which is section 1 of article I, reads as follows: directs not only the policies of the German Reich but what All legislative powers herein granted shall be vested in a Con­ the people of Germany may do, was placed in power because gress of the United States which shall consist of a Senate and the people who were possessed of property and of wealth House of Representatives. feared that they were going to lose their property and wealth Next I read section 3 of article I: to a rising movement of bolshevism. The Senate of the United States shall be composed of two So Mr. Hitler represents those who are the possessors of Senators from each State • • •. property, and under him the German Republic, established The third provision to which I desire to call attention is after the war, was wiped out, and every form of personal section 7 of article I, the first sentence: liberty and, indeed, every single principle which is sacred to All b1Ils for raising revenue shall originate in the House of those who believe in the American Republic, were likewise Representatives; but the Senate may propose or concur with · abolished within the confines of Germany. amendments as on other bills. 3424 CONGRESSIONAL RECORD-SENATE MARCH 26 Then comes the clause of the Constitution which deals feet. I should like very much to invite his comment upon with treaties. This is to be found in section 1 of article II, this matter. dealing with the powers of the President: Mr. PITTMAN. Mr. President, I agree with the Senator He shall have power, by and with the advice and consent o! from Wyoming, and I think he practically answered the the Senate, to make treaties, provided two-thirds of the Senators Senator from Alabama as I intended to answer him. The present concur; and he shall nominate, and by and with the Constitution is part of the law of the land; and therefore, advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, when it is said that something may be done according to law, and all other officers of the United States, whose appointments or under the laws of the land, that refers back to the Con­ are not herein otherwise provided for, and which shall be estab­ stitution as the primary law of the land, which states ex- · Jished by· law. But the Congress may by law vest tne appoint­ ment of such inferior officers, as they deem proper, in the Presi­ actly how laws may be put into effect. dent alone, in the courts of law, or in the heads of departments. Mr. O'MAHONEY. Mr. President, the suggestion of the distinguished Senator from Alabama prompts me to make Finally, the second paragraph of article 6 reads: another comment, which I had not intended to make at this This Constitution and the laws of the United States which shall time, about the manner in which the interpretation of our be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the Constitution and our laws is stretched from time to time supreme law of the land; and the judges in every State shall be in order to accomplish a purpose we may have legislatively in bound thereby, anything in the constitution or laws of any State mind. to the contrary notwithstanding. I think it altogether impossible that any such interpretation Mr. BANKHEAD. Mr. President, may I ask the Senator as that suggested by the Senator from Alabama could be a question? adopted. It seems to me it is on all fours with another sug­ Mr. O'MAHONEY. Certainly. gestion, if such a suggestion could be made, with respect to Mr. BANKHEAD. Referring to the article just read, which the matter in which confirmation of appointive officers is · provides that- made by the Senate. In the second paragraph of section 2 of All treaties made, or which shall be made, under the authority article II, which I read a moment ago, giving the President of the United States, shall be the supreme law of the land- the power to make treaties by and with the advice and· con­ Assuming, for the sake of argument, that a trade agree­ sent of the Senate, there is incorporated the power of the ment is a treaty, is it not made under the authority of the President to nominate judges of the Supreme Court, who shall United States? take office upon confirmation by the Senate. Those who are Mr. O'MAHONEY. Does the Senator agree that a trade asking the Senate to place the seal of its approval upon this agreement is a treaty? extension of the Reciprocal Trade Agreements Act are asking Mr. BANKHEAD. No; but assuming it is a treaty, does not us, as the Senator from Alabama apparently did a moment the section the Senator just read authorize the making of a ago, to consider that a trade agreement which does not have a treaty in the way provided, without the consent of the Senate, ratification shall be regarded as a treaty, as though it had merely by the Secretary of State, if it is under the authority been ratified. of the United States? Trade agreements are made under the Can the power to make treaties without ratification be authority of the United States, by action of the Congress, and granted to the President? If it cannot, then what argument with the approval of the President. possibly could be made for the passage of a law stripping the Mr. O'MAHONEY. Mr. President, the authority of the Senate of its responsibility and its duty to confirm Justices of United States to make treaties is to be found in the Constitu­ the Supreme Court? If we can shed our power and responsi­ tion of the United States and nowhere else. That power, by bility, nay, our duty in the one case, then certainly, Mr. Presi­ a provision which I read . just a moment ago, is specifically dent, we can shed it in the other case. Both are contained in delegated to the President and to the Senate. The making of the same sentence of the fundamental law of the land. a treaty is not a legislative act; it is an Executive act-an Ex­ Someone ought to write an article or deliver a speech upon ecutive act in which the Senate participates with the Presi­ the progressive degeneration of the democratic principle, as dent. An agreement which does not obtain ratification by the exemplified by the history of this legislation, and by the his­ Senate is not a treaty and is not the supreme law of the land. tory of the attempt which has been made during a long period Have I touched the matter to which the Senator called of years to delegate to the Executive functions and powers and attention? duties which the Constitution has vested in the Congress of Mr. BANKHEAD. The Senator has made an assertion. the United States. Mr. O'MAHONEY. I was endeavoring to answer the Sena­ Attention has been called, with reference to the trade­ tor's question. agreement law, to the fact that in 1890 Congress passed the Mr. BANKHEAD. I take it to be the Senator's viewpoint McKinley Tariff Act, and that in that act, in order to enable that although the agreements are made under the authority the President to carry out certain reciprocal agreements with of the United States, in pursuance of law duly enacted, still certain countries, section 3 was written, providing that five the Senator contends they are not valid because they are particular commodities should be placed upon the free list. not made in some other way. The section then authorized the President to determine as Of course, I recognize that that is the Senator's argument, a fact whether or not the countries exporting those five com­ but I think it is totally unsound. modities were engaged in unfair discrimination against the Mr. O'MAHONEY. The Senator certainly misapprehends United States, and upon a finding by the President to that the language of the Constitution. If I understand him cor­ effect he might issue a proclamation as a result of which rectly, his contention is that the second paragraph of article certain specific duties named in the act should become VI should read in some such manner as this-- effective. Mr. BANKHEAD. Oh, no, Mr. President. In the McKinley Act, therefore, Congress named five par­ Mr. O'MAHONEY. "This Constitution, and the laws of the ticular commodities and named five particular schedules of United States which shall be made in pursuance thereof, customs duties. It committed to the President only the and all treaties made, or which shall be made, whether by power and responsibility of finding out as a fact whether or ratification on the part of the Senate or not, shall be the not discrimination was practiced by the nations from which supreme law of the land." · those five commodities came. There was no delegation of Mr. President, I believe that there is no possibility by any legislative power. The power to name commodities and to system of argument, of logic, or of precedent, so to amend fix rates is a legislative power, and Congress exercised that the Constitution, and the Senator's point of view could not legislative power in that act. be upheld by any other process of interpretation. Mr. CLARK of Missouri. Mr. President, will the Senator Mr. President, the Senator from Nevada [Mr. PITTMAN], yield? the chairman of the Foreign Relations Committee, was on his Mr. O'MAHONEY. I yield. 1940 CONGRESSIONAL RECORD-SENATE. 3425 Mr. CLARK of Missouri. I do not wish to interrupt the of the House to originate revenue laws, provided that such Senator's remarks, but I should like to have his position made treaties must have the advice and consent of the Senate, clear. Is it the Senator's position that there is any difference and then must be passed upon by Congress in an act orig­ whatever, in a legal and constitutional sense, between Con­ inating ~n the House of Representatives. gress granting the Executive authority as to 5 commodities, What was the significance of that provision? Clearly, in and Congress granting the Executive authority as to 50 1897, the Congress believed that a reciprocal-trade treaty commodities, or as to all commodities on the dutiable list? was indeed a treaty, and that a law fixing customs duties Mr. O'MAHONEY. The Senator's question is not complete. was. a revenue law, which must originate in the House. If the Senator would add, "Provided that in the same grant It may be of interest to the Senate to scan for just a Congress itself specifically fixes the duties," I should say there moment a brief portion of the debates upon the act of 1897. is no difference. I wish to refer to the remarks of a distinguished Democratic Mr. CLARK of Missouri. Mr. President, I should like to Senator from California, Han. Stephen M. White. At this have the. senator answer the question I asked him because he point, Mr. President, let me say that all through the history emphasized the fact, not only today but before the Finance of tariff legislation the Democratic Members of the Senate Committee--and he always emphasizes the fact-that in the have been arrayed in exactly the same position as that now act of 1890 the provision to which he refers was limited to occupied by the senior Senator from Nevada [Mr. PITTMAN], 5 commodities. In the Senator's opinion, is it of any im­ 1 the junior Senator from Nevada [Mr. McCARRAN], and myself. portance whatever whether the provision, which is a sepa­ In every single instance in · the history of tariff legislation, rate proposition fixing the rate, should apply to 5 commodi­ down to the enactment of the Reciprocal Trade Agreements ties, or to 50 commodities, or to 500 commodities, or to all Act, the Democratic Members of this body, whether they commodities? were in the majority or in the minority, stood fast for the Mr. O'MAHONEY. Mr. President, the significant fact is power of the Senate to ratify treaties and the power of the not the number of commodities. The significant fact is the House to originate measures affecting customs duties. duty on those commodities and how that duty is fixed. Mr. CLARK of Missouri. Mr. President, will the Senator Mr. CLARK of Missouri. That is a different proposition, yield? which I shall be glad to discuss in my own time, -later; but I The PRESIDING . OFFICER

EXEC~ REPORTS OF CO~TTEES TO ORDNANCE DEPARTMENT Mr. McKELLAR, from the Committee on Post Offices and Capt. Joseph Herridge, Coast Artillery Corps, with rank Post Roads, reported favorably the nominations of sundry from June 13, 1939. · postmasters. APPOINTMENT IN THE NATIONAL GUARD OF THE UNITED STATES Mr. WALSH, from the Committee on Naval Affairs, reported GENERAL OFFICER favorably the nominations of sundry omcers for promotion Brig. Gen. Ames Thorndike Brown, Adjutant General's in the Navy. Department, New York National Guard, to be brigadier gen­ The PRESIDING OFFICER. If there be no further re­ eral, Adjutant General's Department, National Guard of the ports of committees, the clerk will state the nominations on United States. the Executive Calendar. THE JUDICIARY CONFIRMATIONS The legislative clerk read the nomination of Joseph F. Executive nominations confirmed by the Senate, March 26 Deeb, to be United States attorney for the western district of (legislative day of March 4), 1940 Michigan. UNITED STATES ATTORNEY The PRESIDING OFFICER. Without objection, the Joseph F. Deeb to be United States Attorney for the west­ ·nomination is confirmed. ern district of Michigan. POSTMASTER NOMINATION PASSED OVER APPOINTMENTS TO TEMPORARY RANK IN THE AIR CORPS, IN THE The legislative clerk read the nomination of Dorothy B. REGULAR ARMY Keeling to be postmaster at Camp Taylor, Ky. TO BE MAJORS Mr. McKELLAR. Mr. President, I ask that the nomination Otto Paul Weyland Howard Hunt Couch be passed over. Kirtley Jameson Gregg Wilfred Joseph Paul The PRESIDING OFFICER. Without objection, the nom­ George Aldridge Whatley Glenn L. Davasher ination will be passed over. Shelden Brightwell Edwards William Ludlow Ritchie Clarence Steven Thorpe John Henry Dulligan POSTMASTERS POSTMASTERS The legislative clerk proceeded to read sundry nominations of postmasters on the calendar. ARIZONA Mr. McKELLAR. I ask that the nominations of post­ Leonard D. Redfield, Benson. masters on the calendar be confirmed en bloc. Nott E. Guild, Florence. Myrtle Prophet, Oatman. The PRESIDING OFFICER. Without objection, the nom­ inations of postmasters are confirmed en bloc. ARKANSAS IN THE ARMY William D. Fowler, Brinkley. The legislative clerk proceeded to read sundry nominations MASSACHUSETTS in the Army. Anna L. Cavanaugh, Ashland. Mr. SHEPPARD. I ask that the nominations in the Army Arthur I. Maguire, East Walpole. be confirmed en bloc. Nelson J. Buckwheat, Huntington. The PRESIDING OFFICER. Without objection, the nom­ MICHIGAN inations in the Army are confirmed en bloc. Louis J. Vanderburg, Holland. That completes the Executive Calendar. Ernest 0. Samuelson, Sawyer. RECESS MISSISSIPPI I Mr. BARKLEY. As in legislative session, I move that the Luna B. Stocks, Baldwyn, Senate take a recess until 12 o'clock noon tomorrow. Howard Cochran Overstreet, Brooklyn. The motion was agreed to; and (at 4 o'clock and 45 minutes Robert H. Redus, Starkville. p. m.) the Senate took a recess until tomorrow, Wednesday, OKLAHOMA March 27, 1940, at 12 o'clock meridian. Jack W. Smyth, Okemah. 3436 CONGRESSIONAL RECORD-HOUSE MARCH 26

PENNSYLVANIA completed 1 year without a fatality. In the last 12 Herbert M. Ellis, Glenside. months all of the commercial air lines in the United States TENNESSEE carrying more than 2,000,000 passengers, flying more tha~ William I. Easley, Bruceton. 814,000,000 passenger-miles, completed the year without a Ralph K. Godwin, Jefferson City. fatal accident to any passenger, to any member of a crew, Ray B. Quinn, Lancing. to any other person, or a serious injury to any of them. · The Claude G. Taylor; Mountain Home. railroads, heretofore the safest method of transportation, have Ralph M. Murphy, Sevierville. had wrecks and fatalities. On the highways truck, bus, and Albert Sydney Shriver, Wartrace. automobile have killed and injured thousands. Even our Roey D. Shoulders, Westmoreland. usually plac~d water-borne traffic reports heavy loss of life. But in the air, the safest, the fastest, the· most convenient UTAH the most efficient method of transportation, we have not had Alpha B. Barton, Monticello. a single fatal accident. [Applause.] · Richard R. Francis, Morgan. The popularity of air travel has kept pace with its mechani­ Raymond F. Walters, Price. cal perfection. During the first years of aviation the bulk of WISCONSIN air traffic comprised business people on emergency missions Roman W. Stoffel, Allenton. or pioneers in timesaving hazards. As late as 1927 it required Clarence H. Mullendore, Viola. 33 hours to cross the continent, and the trip was made in narrow cockpits of single-motored planes at a fare of $400 for the trip. Today giant 12-ton, twin-engined sky sleepers HOUSE OF REPRESENTATIVES span the continent overnight, with meals aboard and every TUESDAY, MARCH 26, 1940 comfort and convenience the most modern caravansary affords at hardly more than Pullman prices. And the con­ The House met at 12 o'clock noon. tinent no longer limits travel schedules by either land or sea. The Chaplain, Rev. James Shera Montgomery, D. D., offered On a recent trip on the Yankee Clipper I had supper in the following prayer: America and b~eakfast in Europe, outrivaling the ·fabulous 0 God, before whose face the generations rise and pass flights of t~e _ magic _ c~rpet of Baghdad. On American air­ away, we pray for strength and wisdom to live -in peace and craft we may take the wings of the morning and sojourn at joy. Sanctify our aspirations in everything that erevates and will, in the uttermost -parts of· the earth. . ' . refines. We pray that we may have Thy greatness of spirit Is it to be wondered that America is becoming air-conscious which is the gift of Thy love, that even in the little things we and air-minded? In the calendar year of 1937 the commercial may _discern the Lord's _way. We thank Thee for the glory of air lines of the country carried 1,000,000 passengers; in 1938, the morning and for the life with which the firmament is 1,300,000 passengers; in 1939, 1,800,000 passengers; and for brimming. If we have taken Thy bread and it brought to us the year ending today, March 26, 1940, over 2,000,000 pas­ no message; if we have enjoyed a night of rest and it left us sengers. with no sense of gratitude; if we have had enjoyment and In 1937 there was one fatality for every 12,000,000 pas­ encouragement and have not seen Thee in them, do Thou ~enger-miles; in 1938, 1 for every 22,000,000 passenger-miles; open our eyes. Heavenly Father, it shall be a glorious ministry m 1939, 1 for every 82,000,000 passenger-miles, and for the if Thou wilt send us forth in the common ways of service and ~~ar ~nding this morning, not a single serious accident of any ·find that they glow with the presence of the Lord. Help us to ki~d m a total of 814,000,000 passenger-miles, the safest and labor on, discharging little duties, attending to little deeds, sWiftest method of travel or transportation from those ancient neglecting no kindly fellowship ·and conscious that our daily days when Mercury carried the messages of the gods from lives are hallowed by the blessing of Thy guidance. Unto Thee Mount OlYin:PUS down to this supreme hour. Today American be eternal praise. Through Christ o:ur Saviour. Amen. aviation closes a year in which· it has broken all records a year in which it has carried the greatest number of passen~ers in The .Journal of the proceedings of yesterday was read and which it has flown the greatest number of planes, in which it approved. has traversed the greatest number of passenger-miles--and a MESSAGE FROM THE SENATE year in which every passenger has stepped from its runways A message from the Senate, by Mr. Frazier, its legislative whole and well and rested and thrilled by marvelous flights clerk, announced that the ·Senate had ·passed a concurrent through the heavens outwinging the Inigratory flight of the resolution of the following title, in which the concurrence of fastest homing bird. the House is requested: It is particularly fitting that this remarkable progress S. Con. Res. 41. Concurrent resolution authorizing the Spe­ should be made, and this astounding record achieved by the cial Committee of the Senate to Investigate the Administra­ Natio~ that developed the airplane and through it changed tion and the Economic and Commercial Effect of the Silver the history of the world. And most gratifying of all-that Purchase Act of 1934 to print additional copies of its hearings. while in ~rope aviation is giving wings to death and speed The message also announced that the Senate disagrees to to destructiOn and carnage, here in America we are acceler­ the amendments of the House to the bill