195'1 ·- CONGRESSIONAL ·RECORD--HOUSE 6149 MONTANA Billy M . .Traylor, Hughes Springs, Tex., in We thank Thee for the insight, the Donaid· Cameron, Jr., Gardiner, Mont.; ln place of B. J. ·McMillan, retired. - vision, and dreams of prophet.ic spirits place of T. J. Somerville, Jr., resigned. · Lenard A. Yankie, Silsbee, Tex., in place of and the cow·age and faith of heroic souls Cecil C. Rhodes, Kalispell, Mont., in place W. J. Davis, retired. who are earnestly seeking the rule of jus­ of W. G. Kelly, resigned. UT~H tice and righteousness and peace upon William J. Dunn, Miles City, Mont., in Clarence W. Bauer, Eureka,. Utah, in place place of Thomas Butler, retired. earth. of Lyman Baker, resigned. May we also be eager to extend and NEBRASKA Verl A. Haws, Magna, Utah, in place of widen the horizon of our sympathy arid Herman R. Stanislav, Staplehurst, Nebr., P. W. Seay, resigned. in place of O. ·J. Reinmiller, transferred. understanding and have a larger share VERMONT in deepening the spirit of good will NEW HAMPSHIRE Stanley J . .Pekalski, Bennington, Vt., in among all mankind. place of W ~ L. Lyons,. retired. Maur"ice E. Kiestead," Nor.th Hampton, Fill us with a longing to build a finer N. H., in place of V. D. Brayton, resigned. VIRGINIA social order and not merely to improve NEW JERSEY Cletus E. Bomgardner, Bumpass, Va., in our own position in it. May we belong place of F. 0. Caffrey. transferred. Robert J .. Butera, Parsippany, N. J., office to that glorious succession of men who Alice H. Fields, Castlewood, Va., in place of established September l, 1949. U. A. Amburgey, retired. have not lived for self and personal James P. O'Malley, Rocky Hill, N. J., in Frederick T. Given, Chase City, Va., in advantage, place of I, M. Lewis, deceased. place of J. S. Hutcheson, retired. · Help us to hasten the day when men NEW YORK WEST vmGINIA and nations everywhere shall engage in Harold E. Dickinson, Falconer, N. Y., in Carl T. Lee, Ethel, W. Va., in place of Doris the great· cooperative adventures an.d place of L. L. Rider, retired. Altizer, resigned. enterprises in which each member of Richard C. Gifio~d," Jamestown, N. Y., in Edward W. Fitzgerald, Glen Dale, W. Va., the human family . and the family of place of E. R. Ganey, deceased. · in place of .S. A. Cockayne, retired. nations shall have abundant"opportunity Prudence A. Davis, Little Genesee, N. Y., in Lillie M. Wintz, Lorado, W. Va., in place of place of D. P. Hall, retireq. for self-initiative and self-development. J. L. Cook, remov~d. ' Eugene F. Barton, Newark Valley, N. Y., Hear us in Christ's name. Amen. - WISCONSIN in place of W. F. Riordan, resigned. The Journal of the proceedings of ye~­ Edwin H. Cole, New Baltimore, N. Y., in Emma V. Paris, Linden, Wis., in place of terday was read and approved. place of P. S. Wheat, retired. H. I. Hicks, retired. George H. Doyle, Ontario, N. Y., in place Howard E. Gaffney, OXford, Wis., in place MESSAGE FROM THE SENATE of G. E. DeVille, retired. of J. C. Mills, retired. Francis J. Burger, Rhinebeck, N. Y., 'in A message from the Senate, by Mr. Milton J. Potratz, Pardeeville, Wis., in Carreli, one of its clerks, announced that place of R. J. Decker, removed. place of R. W. Hughes, deceased. Anne Bruno, Selden, N. Y., in place of Harold G. Hoffman, Sparta, Wis., in place the Senate had passed a concurrent reso­ Belle. Ernes, resigned. of M. B. McCoy, retired. lution of the following title, in which the Howard C. Green, Sinclairville, N. Y., in concurrence of the House is requested_: WYOMING place of Devillo· Cobb, retired. S. Con. Res. 33. Concurrent resolution au­ NORTH CAROLINA Alexander M. Gilchrist, Kemmerar, Wyo., thorizing certain changes in the enrollment in place of Andrew Morrow, retired. Edmond J. Hudson, Connellys Springs, Ira B. Dickinson, Lance Creek, Wyo., in of Senate bill 435, to amend the Civil Aero­ nautics Act of 1938, as amended, and for N. C., in place of R. G. Goode, transferred.· place of I. E. Gentry, retired. Henry C. Kearney, Franklinton, N. C., in other purposes. place of J. O. Purnell, retired. ELECTION OF SPEAKER PRO TEMPORE NORTH DAKOTA CONFIRMATION Mr. PRIEST assumed the chair as Joseph K. Salwei, Crystal, N. Dak., in place Executive nomination confirmed by Speaker pro tempore. · of M. M. Hoesley, retired. 5 day the Senate June Ponder, deceased. and needy humanity. · Committee of the Whole House on the '6150 CONGRESSIONAL RECORD-HOUSE JUNE 5 state of the Union and ordered to be PROPOSED TAX ON SALE OF ELECTRIC· I urge the members of the Committee printed. ITY BY MUNICIPALITIES on Ways and Means to reverse and ~e­ Mr. JENSEN reserved all points of Mr. EVINS. Mr. Speaker, I ask unan­ scind their action in this instance which order on the bill. imous consent to address the House for is most unwise and improper. CALENDAR WEDNESDAY 1 minute and revise and extend my The SPEAKER pro tempore. The remarks. time .. of the gentleman from Tennessee Mr. PRIEST. Mr. Speaker, I ask has' expired. unanimouz 'Consent that business in The SPEAKER pro tempore. Is there order on Calendar Wednesday of this objection to the request of the gentleman COMMENCEMENT EXERCISES AT VILLA­ week be dispensed with. from Tennessee? NOVA COLLEGE The SPEAKER pro tempore f American manufacturing the following: "cession, being imported in vided a procedure under which, upon the such increased quantities, either actual or request of the President, upon its own mo­ companies. Despite these profits they relative, as to cause or threaten serious in­ tion, or upon application of any interested would gouge American newspaper pub­ jury to the". party, the Tariff Commission would make lishers. And the Senate agree to the same. an investigation to determine whether any It is rather anomalous that the news­ Amendment numbered 6: That the House article upon which a concession had been _papers take this rise lying down. I have recede from its disagreement to the amend- granted in a trade agreement containing an 6152 CONGRESSIONAL RECORD-HOUSE JUNE 5 escape clause is being imported under such domestic producer to appeal to a customs that might have been considered competi­ relatively increased quantities, or under such court if he feels that he is being injured by tive. conditions as to ·cause e.nd threaten serious the incorrect classification of an imported (d) To agree that certain specified factors injury to a domestic industry, or a segment article. This right had been terminated by shall be taken into eonsideration by the of such industry whieh produces a like or the Trade Agreement Act of 1934 with respect Tariff Commission without excluding others directly competitive article. The Senate to products covered in trade agreements. The in its determination of whether or not in­ amendment requires that an escape clause House recedes. jury has occurred. The House version would be included in all fu~.Ve ~hade agreements, Amendment No. 8: This amendment makes ~ave made these same,Jactors evidence of in­ and directs the President as so()n as practi· clear that enactment of the bill is not to jury as a matter of law. cable to insert an escape clause in all ex­ be construed as approval or disapproval by ( e) To require the Tariff Commission to isting trade agreemen~· ,In this latter t;e· the Congress of the General Agreement on make a formal investigation and hold public spect, the President is quired to report to Tariff and Trade. The House recedes. hearings only if it finds prima facie evi­ the Cor.gress on the a tion taken by him. Amendment No. 9: This amendment adds dence of injury, or if it is requested to do so Under the Senate amendment the escape a new section providing relief for the domes­ by the Ways and Means Committee or the clause procedure can be initiated upon the tic fur industry by imposing a quota of 25 Finance Committee. In the House version request of the President, upon resolution percent of the domestic production during it would have had to make a fo:umal investi­ of either House of Congress, or upon resolu­ the preceding year upon imports of mink, gation and hold hearings on any application. tion of either the Committee on Finance of silver fox, and muskrat furs and skins, re­ ..;.5. Accepted Senate amendment to section the Senate, or the Committee on Ways and spectively. The House recedes with an 22 of the Agricultural Adjustment Act which Means of the House of Representatives, upon amendment under which the President is would prevent any trade agreement from application of any interested party, or by the requirf)d as soon as practicable to take such being applied in a manner inconsistent with Tariff Commission upon its own motion. measures as may be necessary to prevent the the requirements of section 22. Under the House bill the investigation of importation of ermine, fox, kolinskf, marten, Also agreed to provision for emergency ac­ the Tariff Commission was to determine mink, muskrat, and weasel furs and skins, tion by the Tariff Commission and the Presi­ whether an article is being imported under dressed or undressed, which are the product dent in the case of perishable agricultural such relatively increased quantities, or under of the Union of Soviet Socialist Republics commodities. such conditions as to cause or threaten or of Communist China. 6. Restored the right of producers to liti­ serious injury to a domestic industry, or a R. L. DoUGHTON. gate tariff classifications, which had been segment of such industry which produces JERE COOPER, eliminated in the original Trade Agreements a like or directly competitive article. JOHN D. DINGELL, Act. · The Senate amendment made it the re­ W. D. MILLS, 7. Accepted Senate language expressly dis­ sponsibility of the Tariff Commission to make DANIEL A. REED, claiming approval or disapproval of the Gen­ a• investigation and report thereon within THOMAS JENKINS, eral Agreement on Tariff and Trade (GA'IT). 1 year after application under the escape RICHARD M. SIMPSON, 8. Accepted as substitute for Senate clause to determine whether an article is Managers on the Part of the Rouse. amendment imposing quotas on import of furs a requirement that the President act being imported into the U~ited States in such relatively increa.sed quantities (compared to The SPEAKER pro tempore. The to bar imports of named furs from the So­ a representative period prior to the conces­ question is on the conference report. viet Union and Communist China. sion) as to cause or threaten serious injury The conference report was agreed to. Mr. REED of New York. Mr. Speaker, to the domestic industry producing like or A motion to reconsider was laid on I ask unanimous consent to extend my directly competitive products. The House the table. remarks at this point in the RECORD. recedes with an amendment making it the re­ (Mr. CooPER asked and was given sponsibility of the Tariff Commission to de· The SPEAKER. Is there objection to termine whether any product upon which ·permission to extend his remarks at this the request of the gentleman from New a concession has been granted under a trade point in the RECORD, setting forth a brief York? agreement is being imported into the United summ·ary of the conference action on There was no objection. States in such increased quantities, either the bill H. R. 1612.) Mr. REED of New York. Mr. Speaker, actual or relative, as to cause or threaten se· (The matter referred to follows:) the conference report on H. R. 1612 con­ rious injury to the domestic industry pro­ SUMMARY OF CONFERENCE ACTION ON H. R. tains all the amendments to the bill ducing like or directly competitive products. 1612 which were recommended by the Repub­ The Senate amendment also clarifies and spells out in greater detail the procedure to 1. Agreed upon 2-year period of exten· lican members of the Ways and Means be followed by the Tariff Commission and sion. Committee when the bill was brought to the President in conducting an investiga- 2· Accepted the Senate amendment to the the floor of the House for debate. tion and in taking recommended action. House peril-point provisions which elimi· It will be recalled that the Republican Amendment No. 6: Section 8 of the House nated the prohibition against participation amendments were rejected by a straight bill provided that no trade agreement con- by the Tariff Commission in the negotiation party vote in.the Ways and Means Com­ cession should apply with respect to any of a trade agreement. t h ' h . 3. Accepted the House proposal requiring mittee but were adopted overwhelmingly agricultural commodi Y for w ic price sup- the withdrawal of tariff concessions from by the House prior to passage of the bill. port is available to producers in the United States, unless the domestic price of the im· Soviet-dominated countries, but agreed to Due to the attempt of the Democratic ported article exceeds the price support level. Senate amendment making it applicable to majority of the Ways and Means Com­ In lieu of this provision, the Senate amend- all tariff concessions, not just those made in mittee to hurriedly siip this legislation ment prevents any trade agreement frOfil the future, and removed the requireinent through the House, the Republican being applied in a manner inconsistent with that the action be taken within the next 90 amendments had to be prepared during the requirements of section 22 of the Agri- days. the course of the debate and we recog­ cultural Adjustment Act, and requires the 4. Accepted the Senate revision of the Tariff Commission and the President to act House escape-clause provision, as follows: nized that the other body would have to within 20 calendar days after report by the (a) To justify escape-clause action the in- perfect and clarify our legislative lan­ Secretary of Agriculture to the President jury complained of must be the result, in guage. This has been done and most of and the Tariff Commission that a condition whole or in part, of the duty reflecting the the changes. from the House bill con­ exists with respect to a perishable agricul- concession. The House amendment did not tained in th~ conference report are for tural commodity requiring emergency treat- require any connection between injury and the most part only matters.of form and ment. The Tariff Commission is required to concession. not substance. make an immediate investigation under the (b) To justify escape-clause action im- The House bill provided for a 3-year provisions of section 22 of the Agricultural ports must be entering in increased quanti· Adjustment Act, or under the escape clause ties, either actual or relative. The House extension. This was reduced to a 2-year procedure of this bill, but the President may amendment did not have this requirement period by the other body, and the con­ take immediate action without awaiting the and would have meant that in the case of a ference report provides for only a 2-year recommendations of the Tariff Commission. fall in demand or depression, where imports extension. In addition to this change The House recedes with an amendment fixing were being hurt worse than domestic pro· from the House bill ihe conference re­ the maximum limitation upon the investi- ducers, concessions would be withdrawn, port contains a provijl.on which restores gation and report of the Tari1l' Commission thus throwing the whole burden of the fall the right of a domestic producer to ap­ and the decision of the President at 25 days, in demand on imports. peal to a customs court if he feels .that with the understanding that it ls not in· (c) To require that injury be shown to the tended that action be delayed for this length domestic industry producing a. like or di· he is being injured by the incorrect of time, but that action be taken as expedi· rectly competitive product, rather than do· classification of an imported article. tlously as practicable. mestic producers of a competitive product. This right had been terminated by the I Amendment No. 7: This amendment, !or · The House version might have required ac· original Trade Agreements Act with re­ which there was no corresponding provision tion just to protect an ineftlcient, marginal spect to products covered in trade agree­ ~n the House bill, restores the right of the ...... producer OJ' someone producing something ments. 1951 CONGRESSIONAL RECORD-HOUSE 6153 Another provision which is contained Mr. Speaker, every Republican amend- PARLIAMENTARY INQUIRY in the conference report which was not . ment to this legislation was defeated on Mr. EBERHARTER. Mr. Speaker, a in the House bill is the provision making a straight party vote in the Ways and parliamentary inquiry. it clear that the extension of the recip­ Means Committee, but all our amend­ The SPEAKER pro tempore. ~he rocal trade program should not be con­ ments were passed by the House, and are gentleman will state it. strued as approval or disapproval of the contained in the conference report as General Agreement on Tariff and Trade perfected by the other body. This fact Mr. EBERUARTER. Mr. Speaker, entered into at Geneva in 1947. is of ·more than passing interest at this yesterday's RECORD shows, page 6105, The other amendments to the House time in view of the fact that the Ways that the gentleman from South Caro­ bill contained in the conference report and Means Committee will shortly bring lina [Mr. McMILLAN] asked unanimous are largely perfecting amendments. For out the new tax bill. As in the case of consent that the bill The bill was ordered to be engrossed first year that such quota is available." for relief of Ilona Agoston. and read a third time, was read the third There being no objection, the Clerk time, and passed, and a motion to recon­ The committee amendment was read the bill, as follows: sider was laid on the table. agreed to. Be it enacted, etc., That the Attorney Gen­ BASIL VASSO ARGYRIS AND MRS. ALINE The bill was ordered to be engrossed eral be and he is hereby, authorized and ARGYRIS and read a third time, was read the third directed to record the admission of Ilona , time, and passed, and a motion to re­ Agoston as of June 16, 1949,. for permanent The Clerk called the bill Villas, shall be held and considered to have the enactment of this act, the Secretary of for the relief of Mrs. Johanna Maria been lawfully admitted to the United States State shall instruct the proper quota-control Lummer Valentine. -· !or permanent residence as of the date of 1951 CONGRESSIONAL RECORD-HOUSE 6155 the enactment of this act, upon payment of The bill was ordered to be engrossed There bein·g no objection, the Clerk the required visa fees and head taxes. Upon and read a third time, was read the third read the bill, as follows : the granting of permanent residence to such aliens as provided for in this act, the Sec­ time, and passed, and a motion to re­ Be it enac~ed, That the Secretary of the retary of State shall instruct the proper consider was laid on the table. Treasury is authorized and directed to pay, quota officer to deduct two numbers from MARDEN CONSTRUCTION CO., INC. out of any money in the Treasury not other­ the appropriate quota for the first year that wise appropriated, to Winifred A. Hunter, of such quota is available." The Clerk called the bill (Ii. R. 1585) Ean Antonio, Tex., the sum of $16,106. The for the relief of the Marden Construction payment of such sum shall be in full settle­ The committee amendment was agreed Co., Inc. ment of all claims of the said Winifred A. to. There being no objection, the Clerk Hunter against the United States for .reim­ The bill was ordered to be engrossed read the bill, as follows: bursement for damage to her personal and an~ read a third time, was read the third household effects sometime between Decem­ .Be it enacted, etc., That the Secretary of ber 7, 1946, and March 7, 1947, at Bilbao, time, and passed, and a motion to re­ t he Treasury be, and he is hereby authorized Spain. Such damage was incurred when the consider was laid on the table. and directed to pay, out of any money in the said Winifred A. Hunter, while employed as BIAGIO POIDIMANI Treasm·y not otherwise appropriated, to the a clerk in the Foreign Service of the Depart­ Marden Construction Co., Inc., of Boston, ment of State, was transferred from the The Clerk called the bill " pay, out of any money in the Treasury not agre~d. to. for the relief of Winifred A. Hunter. otherwise appropriated, to Rita V. Lynch · 1.

6156 · CONGRES.SIONAL ·RECORD-· HOUSE JUNE 5 .·

Flaherty, . of Dorchester, Mass., the ~um of A-6716148, Christopher, Herman .Ji:m- A-6544285, Palacios, David, or Estanislao $101.62, in full settlement of all claims manuel. Rodrigues-Mejia. against th_e United States for reimbursement A-6208561, Masongsong, Francisco. A-4928592, Romero, Manuel Gonzalez, or of the cost of travel from Db.rchester (Bos:­ ·A-1085625, Papakritikos, Apostolos, or Manuel Perez Gonzales or Manuel Gonzalez. ton), Mass., to Sweetwater, Tex., while under Apostolos Papilikas. A-4757889, Schiff, Paul. official orders to report for Women's Airforce A-7078458, Petrunt,. Elide Liliana Maria. A-1049269, Szewecki,· Lewek, or Leon Sze- Service Pilot Training, which training was A-7358986, Richards, Ginette (nee Ginette wecki or Lewek Szenecki. terminated while the claimant was en route Ben Loulou). · A-4446625, Tepe, Agnes Bridget Mary Rose to Sweetwater, Tex., as a result of adminis­ A-3719227, Vagianos, Pantelis, or Panteles (nee O'Connor). trative action based on recommendations by Vagianos. A-6730882, Torres-Rojas, Jose. Members of the House of Representatives: A-4189356, Woods, Michael Patrick. A-6877241, Vlamis, Christos Demetrios, or Provided, That no part of the amount appro­ A-7050345, Yong, Soo Yee, or Soo Yee Young Christ Vlamis or Christ Demetre Vlamis. priated in this act in· excess of 10 percent or Joe Sing. · A-6481'413, Frydman, Grzegorz, or G. Fryd- thereof shall be paid or delivered to oi: re­ A-6775609, Accattatls, Francesco, or Fran- man. · ceived by any agent or· attorney on account cesco Accattatis Chalons d'Orange. A-6481364, Frydman, Gusta (nee Win- of services rendered in connection with this A-2924411, Banchieri, Albert Massimiliano, cygster). · · claim, and the same shall be unlawful, any or Albert Massimiliano -Mario Banchieri or A-6953540, Gilson, Hermina or des Bouvrie. contract to .the contrary notwithstanding. Albert Banchieri. A-3637489, Giokaria, Georgios or Gordon Any person violating the provisions of this ·A-4979213, Carmona, Gavina. or Gori11: · act shall pe deemed guilty of a misdemeanor A-4979211, Carn;i.ona, Saturnino. A-6965216, Hall, Elfriede Maria (-nee and upon conviction thereof shall be fined A-5636491, East, Vivian Carmen (nee Vin- Schwarze). in any sum not exceeding $1,000. cent). A-7049908, Jubran, Abdallah, or Abdallah The bill was ordered to be engrossed · A-6479442, Gaba-Pevsner, Naum Neemia, Jubran Sarsour. - . or Maoum Gaba-Pevsner. A-6966515, Loukakos, Michael John or and read a third time, was .read the third A-6479443, Gaba-Pevsner, Nina Serafina, or Lucacos. time, and passed, and a. motion to recon­ Nina Serafina Gabo or Nina S. Gaba-Pevsner. A-6097338, Nostas, Hanna Giries Elias. sider was laid on the table. A-2127408, Garufi, Francesco Rosario. A-6446386, Nostas, Hanne Habib. FAVORING THE SUSPENSION OF DEPOR· A-6769748, Gergo, Alexander or .George, or A-2535405, Spitz, Alice. .. TATION OF CERTAIN ALIE~S Sandor Gergo. . A-5545862, Vespa, Giovanni or Gianni, or A-6095322, Margaritis, Anastasia Peter. . John Vespa. , . The Clerk called the concurrent reso-.. A-2874816, Rodrigues, Antonio Bento. - .A-7057137, Waltei:, Grethe Ingeborg (nee Iution fonso Loeada. A-3657357, Leung, Woot-Tsuen Wu ,si) . · Socorro Arellano) . A-5096420, Maykemper, John Henry, or The bill was ordered to be engrossed A-6916681, Bolling, Lida (nee Ling or Lida Henry Maykemper. and read a third time, was read the third Ling Bolling) . A-5096419, Maykemper, Maria. time, and passed, and a motion to recon­ A-2479066, Brandel, Berndt David Harald. sider was laid on the table. A-6699071, Bruce, Jane (nee McCue). With the following committee amend­ A-6699060, Bruce, VeroniC!'J.. ments: LON WEAVER A-3028281, Chang, Hsiao Hsueh. On page 8, lines 13 and 14, strike the reg­ The Clerk called the bill CH. R. 2771) A-3028280, Chang, Chou-Tung. istration number and name. for the relief of Lon Weaver. A-5130075, Cholinas, John George, or John "A-6053362, Farr, Cynthia Kirpa.lani (see There being no objection, the Clerk Calafatls. Cynthia Dj.ck) ." A-6257097, Dolik, Zaven. On page 12, line 10, strike the registration read the bill, as follows: A-4692905, Dorrnveld, Koop, or Jose number and name: Be it enacted, etc., That the Secretary of Toombs. "A-4197503, Codazzi, Bruno." the Treasury ls authorized and directed to A-7379199, Dowd, Gertrude (Geertrulda) On page 23, after line 5, insert the regis­ pay, out of any money in the Treasury not (Beertruida) (nee Sohl); tration numbers and names: otherwise appropriated, to Lon Weaver, of A-7366334, Gil Da Silveira, Henrlque Mel­ "A-7351041, Spangler, Patricia Anne nee Mount Vernon, Mobile County, Ala., the sum quiades. Gaynor. of $3,000. Payment of such sum shall be in A-4770842, Herr, Henry 'Curt. "A-2998994, Marchessini, Panachi Deme­ full settlement of all claims of the said Lon A-6733437, Hoogland, Lucrecia (nee Diaz tri. Weaver against the United States on account Sanchez). · "A-2998949, Marchessini, Helen nee of his wrongful confinement in the United A-4069836, Kapp, John, or Johan Kapp. Machris or Helen Panaghi Marchessini. States penitentiary, Atlanta, Ga., through a A-7193994, McCartney, Arthur Liu. "A-7010772, Marchessini, Demetri or De- mistake in his identity, for a period of ap­ A-4509553, Medina, Mariano Jerez. or metrios Panaghi Ma.rchessini. · proximately 10 months, from May 10, 1939, Mario Jerez Medina. "A-7010773, Marchessini, Alexander or Al­ to March 11, 1940, until the United States­ A-2444130, Mirabito, Giuseppe. ex:mder Panaghi Marchessini. District Court for the Northern District of A-3696867, Montgomery, Murray Richard­ "A-5093352, Kinoshita, James Kunihlro." Georgia ordered his release: Provided, That son. no part of the amount appropriated in this A~7026985, Shegerian, Lily, or Lily She­ The committee amendments were act in excess of 10 percent thereof shall be garian or Shousanik Seropian. agreed to. paid or delivered to or received by any agent A-6677651, Olson, Kristine (nee Strom-· The concurrent resolution was con­ or attorney on account of services rendered berg). in connection with this claim, and the same A-6550895, Tanju, Haluk, or Zeynelabidin curred in. shall be unlawful, any contract to the con­ Haluk Tanju. A motion to reconsider was laid on trary notwithstanding. Any person violating A-6550896, Tanju, Muazzcz (nee Yuksek­ the table. the provisions of this act shall be deemed tepe). guilty of a misdemeanor and upon convic­ MRS. ANN MORRISON tion thereof shall be fined in any sum not A-6554484, Toohill, Birgit Bremmer, or exceeding $1,000. Birgit Gorm Bremmer (maiden name). The Clerk called the bill A-6841083, Torre De Cohoon, Maria Liusa. for the relief of Mrs. Ann MQrrison. The bill was ordered to be engrossed A-2355100, Weber, Harold. · There being no objection, the Clerk and read a third time, was read the third A-6510177, Weinstock, Rachel Rosenberg, or read the bill, as follows: time, and passed, and a motion to re­ Rachel or Rechel Weinstock. Be tt enacted, etc., That the late Leonard consider was laid on the table. A-4829458, Zumbo, Clara (nee Whitehead, Morrison, XC-6292981, N-3187200, who died formerly LeMiere) . on June 25, 1948, shall be held and consid­ MRS. GOLDIE WEINER A-2983976, Alupay, Petronila Betanga. ered to have had in effect at the time of his The Clerk called the bill for amended (62 Stat. 1011; 64 Stat. 219; 50 Azy Ajderian shall be held and considered the rel_~e~_ of Jacoba van Dorp. U.S. C. App. 1953)." 6162 CONGRESSIONAL· RECORD-HOUSE JUNE 5 The committee · amendment was counties, towns, municipalities, and districts The bill was ordered to be read a third agreed to. thereof harmless against Alice de Bony de time, was read the third time, and The bill was ordered to be read a third Lavergne becoming a public charge. passed, and a motion to reconsider was time, was · read the third time, and The bill was ordered to be read a third laid on the table. passed, and a motion to reconsider was time, was read the third time, and passed, SONJA LOHMANN AND HER MINOR SON laid on the table. and a motion to reconsider was laid on the table. The Clerk called the bill FERDINAND KASK do so shall be deported in accordance with of the immigration and naturalization laws, The Clerk called the bill

been lawfully admitted to the United States THOM/~S G. FABINYI The bill was ordered to be engrossed for permanent residence as of the date of the and read a third time, was read the third enactment of this act, upon payment of the The Clerk called the bill lic Lands (now. Com-, Byrne,N. Y. Irving Rogers, Mass. the Secretary of the Interior in the light of. mittee on Interior and Ins.ular Affairs) of the Canfield Jarman Roosevelt their outstanc;Ung repayment · obligations, House of Representatives 'or on a date prior to Carlyle Johnson Sabath and which shall, to the fullest practicable the expiration of such _60 days in any case in Carnahan Jones; Ala. ·St. George extent, be scheduled for return with their' , which each such committee approves an Cell er Jones, Mo. Sasscer . construction charge installments or other­ earlier date and notifies the Secretary, in· Chatham Kelley, Pa. Scott, writing, of such approval; and Chudotr Kelly, N. Y. Hugh D., Jr. wise scheduled as he shall determine. No­ Clemente Kersten, Wis. Scrivner such determination of the Secretary of the Whereas i.n a letter dated May 9, 1951, the Cole, Kans. Kilblirn Scudder Interior shall become effective until the ex­ Secretary -of the Interior submitted to· the Cooley Kilday Sheehan piration of . 60 days after it has _been sub­ Committee on Interior and Insular Affairs Coudert King Short mitted to the Committee on Interior and his findings relating to the return of rehabii­ Cox Lanham Sieminski Insular Affairs of the Senate and the Com­ itation and b~tterment funds to be expended Crosser Larcade Smith, Kans. Davis, Tenn. ·Lucas Smith, Miss. mittee on Public Lands of the House of Rep­ on the Okanpgan irrigation distric;t,. Okan­ Dawson Lyle Stan1ey resentatives. The term "rehabllitatlon and ogan project, Washington; and Deane McCarthy Sutton betterment," as used in this act, shall mean· Whereas the Committee on Interior and DeGra:!Ienried Mack, Wash. Taylor maintenance, including replacements, which Insular Affairs has, in session with a quorum Delaney Meader Teague cannot be financed curre;ntly, as otherwise· present, this day approved the findings of Dingell Merrow Thornberry contemplated by the Federal reclamation the Secretary of the I;nterior-in these prem­ Dondero Miller, Callf. Towe Doughton Miller, N. Y, Whitaker laws in the case of operatio~ and mainte­ ises: Now, therefore, be it Elliott Morgan Willls nance costs, but shall not include construc­ Reso~ved, That the Committee on Interior Fallon Morrison Wolverton tion, the costs of which are returnable, in: and Insular A,ffairs.give notlce in _writing to Feighan Morton whole or · tn· part, through "construction the Secretary _of :t~e Interior of its approval ·"-•. :_,,: ..... Flood Moulder .,,,, charges" as- that term is defined.. 1n ·section: of his determination ~rr these premises. The SPEAKER pro tempore. On this "' 2 (d) of the Reclamation Project Act of 1939' . COMMITTEE ON INTERIOR (53 Stat. 1187)°. Such- rehabilitation and , -• AND> INSULAR AFFAIRs,°- roll call 314 Members have answered to betterment work may be performed by con-­ JOHN R. MtJRnocK, Chairman. · their names; ~ quorum is present. tract, by force account, or, notwithstanding Adopted this 18th day of May 1951. 1951 CONGRESSIONAL RECORD-HOUS.E - 6165 DISTRICT OF COLUMBIA LAW ENFORCE­ __ spent . by any member of our. subcom­ are seven provisions for, minimum man­ MENT ACT OF 1951 mittee for personal expenses of any kind. datory sentences. I will give you the Mr. McMILLAN. Mr. Speaker, I move In the short time which I have t want offenses without giving the minimum that the House resolve itself into the to take occasion to thank the chairman sentence: In abortion, if death occurs, Committee of the Whole House on the of the full committee, the gentleman in arson, arson of movable property, for­ State of the Union for the further con­ . from South Carolina [Mr. McMILLAN], gery, grand larceny, and in receiving sideration of the bill assault to rob, from South Carolina? yesterday; and the gentleman from Iowa in housebreaking at night, in robbery There was no objection. [Mr. TALLE]. I also want to express my except picking pockets; then there is a · appreciation for the thorough, effective, minimum mandatory sentence for rape The SPEAKER pro tempore. The and conscientious way in which the and another for assault on a police officer question is on the motion. members of the entire· District Com­ with a dangerous weapon. The motion was agreed to. mittee of the House have gone into this Mr. ·RANKIN. Mr. Chairman, will Accordingly the House resolved itself bill which is now before the House, thank the gentleman. yield? into the Committee of the Whole House them for their attendance at the various Mr. DAVIS of Georgia. I yield to the on the State of the Union for the further sessions when we discussed the bill sec­ gentleman from MississippL consideration of the bill H. R. 4141, with tion by section, and for the revisions Mr. RANKIN. If this bill is passed in Mr. THOMPSON of Texas in the cl}.air. which many of them were effective or its present form what will the maximum The Clerk read the title of the.bill. instrumental in causing to be made to penalty be for rape? The CHAIRMAN. Under the unani­ forge it into the good bill I think it is Mr. OAVIS of Georgia. Death. mous-consent agreement, the gentleman today. · Mr. RANKIN. The death penalty? · from South Carolina [Mr. McMILLAN] is On January 2 our subcommittee filed Mr. DAVIS of Georgia. Yes. We did entitled to 25 minutes and the gentleman its report resulting from the investiga­ not change the maximum penalty but from Illinois [Mr. SIMPSON] is entitled tion, and also I introduced the bill which provided a minimum penalty for that to 25 minutes. was recommended in the subcommittee o1fense. The .gentleman from South Carolina is report for the purpose of curbing crime Mr: RANKIN. You fix the minimum recognized. in the District·of Columbia, particularly penalty at 1 year. What is it at present? Mr. McMILLAN. Mr. Chairman, I 'Offenses of violence. The r.eport of the Mr. DA VIS of Georgia. That· is the yield to the gentleman from Georgia Federal Bureau of Investigation for the minimum penalty for assault to rape, for [Mr. DAVIS] such time as he may desire. year 1950 gives a comparative statement a first off ender; Mr. DAVIS of Georgia. Mr. Chair­ of the commission of the ofienses of mur­ Mr. RANKIN. What is it now? man on yesterday I had stated when der, robbery, aggravated assault, and .Mr. DA VIS of Georgia. There is rio the Committee rose, that the Commit­ burglary. minimum penalty now. tee on House Administration had granted Those figures show a comparison of Mr. RANKIN. So that you can give on our second application an appropria­ the city of Washington with cities of him 1 day in jail under the present law? tion of. $20,000 to complete the work of similar population and size, although Mr. DAVIS of Georgia. That is true. the subcommittee which was appointed there are ·none that are exactly similar Mr. RANKIN. It raises it instead of under House Resolution No. 340. At that but compared with a group of cities lowering it, as I understand it. time there was under consideration the that are similar in size and population Mr. DAVIS of Georgia. It fixes a proposed activity of the ·Kefauver com­ to Washington, D. C., as follows: minimum mandatory sentence. mittee in the other body. Because of For the year 1950 in the city of Wash­ Mr. RANKIN. But it does not disturb that discussion this subcommittee felt ington there were 66 murders; in San the maximum sentence, which is .the that it would probably be the part of Francis.co, 40; in Pittsburgh, 28; in Bos­ death penalty. wisdom to wait and see what that com­ ton, 11; in Milwaukee, 10; and in Buf;. Mr. DA VIS of Georgia. It does not mittee did with reference to the question falo, .18. disturb the maximum at all. This bill of gambling here in the District of Co­ In Washington there were 712 rob­ also provides that for these o1fenses the lumbia before we made any effort to beries; in San Francisco, 1,037; in Pitts­ offender, after having been convicted make a speciai investigation of gambling. burgh, 482; in Boston, 269; in Milwaukee, and sentenced, must serve that manda-. For that reason we expressed our atti­ 82; and in Buffalo, 66. · tory sentence, and he cannot be re­ tude to the chairman of the House Ad­ In Washington there were 4,205 cases leased on probation without having ministration Subcommittee that prob­ of aggravated assault; in San Francisco, served the minimum. ably this second appropriation of $20,000 511; in Pittsburgh, 354; in Boston, 220; Those are the changes provided in would be ample to carry out the inves­ in Milwaukee,"149; and in Buffalo, 141. this bill. We ·think they are salutary, tigation of the general enforcement of In Washington there were 3,618 cases and the committee has discussed them law in the District of Columbia which of burglary; in San Francisco, 4,022; in very thoroughly and the bill came out of we had undertaken. When we com­ Pittsburgh, 2,142; in Boston, 1,274; in the committee with a unanimous report. pleted our investigation on the 2d day Milwaukee, 673; and Buffalo, 1,050. I want to mention this other one thing of Jannary 1951, and filed our report, They did not give the figures on rape, with reference to this minimum manda­ of the $30,000 which was authorized to but in Washington for 1949 there were tory sentence. Here is Washington, and be spent by this committee there re­ 164 cases of rape and 38 cases of at­ right across the river is Virginia. We in mained unexpended the sum of $3,531.57. tempted rape. In 1950 there were 159 this bill are undertaking to fix a mini­ Our subcommittee did not spend one cases of . rape and 38 attempts. mum sentence for robbery at 1 year. In dollar of this money for any expense, Mr. Chairman, with reference to the Virginia, right across the river from us, travel, or otherwise of any member of first provision in this bill which relates the minimum sentence for robbery is 5 ths subcommittee except on one occa­ to minimum mandatory sentences, I years. That leaves us in the position sion when one member of our subcom­ want to make this statement: It has been here of offering, figuratively speaking, to mittee, together with a delegate from objected to and there was considerable the person who wants to commit robbery, the District of Columbia Bar Association, discussion both in the subcommittee and a selection. You can get off so much bet­ made a trip to New York at the request in the full committee about this pro­ ter in the District than you can in Vir­ . of the chairman of the House Adminis­ vision. But I call attention to the fact ginia, where the minimum sentence is 5 tration Subcommittee on Apprcpria­ that this is not a new innovation in years. It offers an inducement to the tions. That is the only dcllar which was . Washington. In existing laws now there . criminal who is planning to commit a '6166 CONGRESSIONAL RECORD-HOUSE JUNE 5 robbery to come here to commit the Mr. Cha.irman, during October 1949 I might add that having served 8 years crime rather than to commit it over· the Subcommittee on Crime in the Dis· on the District of Columbia Committee there, so tl;l.at so far as robbery is con. trict of Columbia was organized-19 that there has been little, if any, partisan cerned, it is not a- new provision. We months ago. politics involved. have that right here in the- adjoining This subcommittee was made a perma· I mentioned the United States attor­ State of Virginia. It is not new in Mary. nent one when the District of Columbia ney's dual capacity. A similar situation land. The last legislature in Maryland Committee met in January of this year. exists in the District as there are several ' passed laws providing minimum sen· Judge DAVIS, of Georgia, was named police forces here. The Capitol Police, · tences for certain offenses, particularly chairman of the subcommittee. For the the Park Police, the Washington Police, ; with reference to narcotics and mari· benefit of the House, I wish to state that force, I think headed ably by Major Bar­ juana violations, so that these provisions Judge DAVIS served 13 years as a circuit rett, and the White House Police. ! are not new. While they do affect the judge in Georgia. He had to be a. good The investigators for the United States Idiscretion of the courts, at the same attorney or he would not have been attorney's office, as far as the subcom­ 1 time we think it is affecting it in a way elected for that many years to such a mittee is concerned, were to help that t·which is for the benefit of the public and position of trust. He is competent to office in the processing of offenses when \that this is a salutory provision. We handle this legislation. the off ender has been arrested by the also have provided in this bill provisions No Representative in Congress has police forces. That is our view in the : for controlling these . so-called bottle worked any longer or harder than Judge matter. Every State and commonwealth ; clubs here and provisions for · putting DAVIS as a subcommittee chairman and attorney has investigators. them out of business. on crime in the District of Columbia. He The subcommittee was, and I feel is, in rr Mr. DONOVAN. Mr. Chairman, will deserves the commendation of the House favor of eliminating bottle clubs. After 'the gentleman yield? and ·the citizens of the District. listening to Corporation Counsel West's r Mr. DA VIS of Georgia. I yield to ~he Every Member of this body knows the advice, we decided to follow it by regu. gentleman from New York. sincerity of a former Member. who served lating them. I frankly believe if the sub­ f.- Mr. DONOVAN. Before ·you get on the on the crime subcommittee, the Honor· committee felt the clubs could be legally subj'ect of bottle clubs I should like to able Jim Wadsworth, of New York. Un· eliminated they would have done so. ·know whether ther·e is any provision in fortunately, at the end of the last session The courts do not agree with the com­ 'the bill which limits the trial judges' or Mr. Wadsworth retired. It is unusual, mittee on the minimum sentence provi­ the sentencing judges' discretion to sus· but he asked for assignment to the Dis· sion. We disagree with their views. We pend service of the minimum sentence trict of Columbia Committee. Mr. Wads· ask the House to accept our version. As after he has handed down his sentence. worth was very interested in this legis. a layman, it seems to me that if we are f Mr. DA VIS of Georgia. In view of the lation. He also served on the criine sub­ mistaken and this section proves un· fact that I have such short time, will committee-~ng interested and active. workable, certainly the House can con. the gentleman let me answer that ques· I wish he were here today giving this scientiously agree to giving it a trial. It tion when we get under ·the 5-minute body his usual accepted views. can easily be amended after a year or 6 rule? I would be glad to do it now, but I The other members of the subcommit· · months' trial For my part I can assure want to complete my remarks so as to tee did all they could-Mr. TEAGUE, of the judges of the courts that after it give some other Members an opportunity Texas; Mr. TALLE, of Iowa, who succeeded has been given a trial and proves wrong, to talk. Mr. Wadsworth on the committee~ Also as a member of the committee we should Mr. KARSTEN of Missouri. Mr. serving on the committee was Judge give them an -opportunity to prove the Chairman, will the gentleman yield? SMITH, of Virginia. Judge SMITH'S dis· same. The result would naturally be an Mr. DAVIS of Georgia. I yield to the trict being immediately across the Poto. amendment along the lines of their views. gentleman from Missouri. mac River in Virginia, and so closely in· The subcommittee had many meetings Mr. KARSTEN of Missouri. In the terwo'ven with the District of Columbia, with the District Commissioners, the :final section of the bill I note you strike worked as long and hard as Judge DAVIS. judges of the courts, and the heads of out the 65-year age limitation for jurors. I wish to make a brief statement on the police department. The United Can the gentleman tell me why that was this legislation, H. R. 4141. I wish to States district attorney's office was also done? ' make it from the standpoint of a layman frequently consulted. An outstanding Mr. DAVIS of Georgia. Experience as I am not an attorney. Tu no way law professor gave us his views. Other has demonstrated that there are jurors could I debate the legal aspects of the than the provisions I have mentioned, I 65, 66, and over, who are better qualified bill. My remarks, I hope, will be con. believe all consulted are in agreement on to serve than younger jurors in· many st:ructive to Members who serve here the legislation. instances. as I do. - Mr. Chairman, I feel the House should Mr. KARSTEN of Missouri. I have First, I soon disco.vered that the United pass this legislation and send it to the great respect for age and wisdom, but States district attorney for the District Senate. under this bill as it is now written, I of Columbia serves in a dual capacity. Mr. Chairman, I yield back the balance think perhaps you would have a jury He prosecutes Federal offenses the same of my time. where your jurors' age might be 110. as a regular United States district attor­ Mr, McMILLAN. Mr. Chairman, I Mr. DA VIS of Georgia. I would say ney. He also serves--and there is no yield 3 minutes to the gentleman from that is possible. However, these names other place in the United States like it-­ New York [Mr. O'TOOLE]. are selected by the Jury Commissioners. as a States attorney, a commonwealth Mr. O'TOOLE. Mr. Chairman, it is Mr. KARSTEN of Missouri. I realize attorney; or county attorney, prosecuting my personal belief that if there is any­ they have considerable discretion, but minor offenses. This should be borne ·in thing that needs regulation in this com. we had cases years ago where jurors were mind at all times. munity, it is the so-called bottle clubs. of advanced age, and I wondered if the H. R. 4141 is the result of 19 months' The bottle clubs came into existence committee went into those cases before work. It provides for the more effective solely and primarily to evade the law. writing the bill. prevention, detection, and punishment of During my years in the board of alder­ Mr. DAVIS of Georgia. Yes, I will say crime in the District of Columbia. That men in the city of .New York, 1 was on to the gentleman we did, and it was the in itself should make the Members of the police affairs committee, and I had consensus of opinion that jurors should the House :realize the District of Colum­ ample opportunity to study the situations not be disqualified to serve merely be· bia Committee is trying to make the Dis· that bottle clubs bring into existence. cause they reached the age of 65. trict a safer place to live. It should make J'hey are conceived in infamy and their Mr. KARSTEN of Missouri. But you the Members tolerant with every section sole purpose is to take advantage of the could have a jury composed of 99-year· of the bill. That was the intent of the existing statutes. They are without old jurors under this bill? committee. doubt social cesspools. They are the Mr. DAVIS of Georgia. Well, if you In my opinion the full District of Co· hang-out for the pimp and the prosti­ could find that many who reached that lumbia Committee is in general agree· tute. They are the haven for the crooked age, that is PoSsible, but very unlikely: ment on the bill. It came from the com· cab driver. The badger game in many, Mr. SIMPSON of Illinois. Mr. Chair· mittee to the House unanimously. Not many cases, which we never hear of, has m~m. I yield myself 10 minutes. many views are that way in the Ho~e. its inception in these dens of iniquity. 1951 CONGRESSIONAL RECORD-HOUSE 6167 They serve no useful purpose. For the I am sorry to say that the venereal presently have before you was handled major part those who go to these bottle disease rate has increased. That has carefully by the committee and is a good clubs are peopJe who have already had been due to the fact of a large number bill. As some of the amendments are too much to drink and in a false sense of visitors and others who come to the presented I hope we may discuss them ·of adventure are steered to them by cab District of Columbia. · As a former in as much detail as possible under the drivers and by others who share in the health officer of the State of Nebraska, 5-minute rule. I think the bill is a step profits of these institutions. Any decent I used to look at· the venereal-disease toward better government in the Dis­ police officer will tell you that they are rate and say, "If it is up in that city trict of Columbia, for cleaner govern­ absolutely breeding places for crime. they are having more crime, or there is ment, for a well-defined system of law There is not a police officer in the United lax enforcement." That is not true nec­ enforcement that will react to the best States who would care to have one of essarily in the District of Colu:tnbia. You interests of the District of Columbia; and, them in his precinct or in his community. know, we operate more or less in a :fis~ this being the Nation's Capital, we ought Many crimes are committed or have bowl, and this legislation that comes to to have the :finest, the cleanest, the their inception in these places which us today comes after very careful study safest city in the world. ·1 we never hear of. Because of their na­ by a committee headed· by the gentle­ Mr. McMILLAN. Mr. Chairman, I ture, those who are victims or those who man from Georgia, Judge DAVIS. His· yield 5 minutes to the gentleman from pay the penalty do not care to have the committee has worked hard. They have Pennsylvania [Mr. EBERHARTER]. facts publicized. They have been run, conferred with the law-enforcement of­ Mr. EBERHARTER. Mr. Chairman, I for the major part, in all communities ficers. They have conferred with those am sorry there are not more Members by men who either have criminal rec­ who are looking for good government. on the :floor now, because in my opinion ords, or who have been pretty close to I am sure that probably there are some this is a very important measure, a meas­ the borderline of crime. The repre­ places in the bill that we are not quite ure that would make a radical depart­ sentatives of the alcohol industry, who just sure as to the approach, such as ure from the accepted principles of Gov­ are determined that prohibition shall having a concealed weapon, whether the ernment in this country. In my opinion not come back, are strong in their op­ person should be made to register a con­ .it is an encroachment upon what we have position to these clubs. I believe there cealed weapon. always· conceived to be the prerogatives should be stringent regulation. I be­ The gentleman from New York [Mr. of the courts, that is the use of discre­ lieve, if it were possible, that they should O'TooLE], who preceded me, spoke about tion in passing sentence. I think it is be put out of business. The only way I whether the bottle clubs should be elim­ impossible for this body here to sit in can see to put them out of business is to inated. As the gentleman said, they are judgment and actually pass sentence on make the running, operation, and work­ a cesspool of iniquity and should be every case which may be termed a crime ing in a bottle club a felony with a man­ eliminated, but the committee has come of a certain nature without knowing datory jail sentence. to the conclusion that perhaps it can­ the individual circumstances of each The CHAIRMAN. The time of the not eliminate them by a stroke of the particular case, and without knowing gentleman from New York has expired. pen and just cut them out. So those are what is behind the commission of a Mr. SIMPSON of Illinois. Mr. Chair­ some of the things that we have to con­ crime, the aggravation, the extenuating man, I yield 5 minutes to the gentleman sider very carefully. They are licensed circumstances-and that is . in effect from Nebraska, Dr. MILLER. and must close on time or lose their what we would do if we adopt this prin­ Mr. MILLER of Nebraska. Mr. Chair­ license. ciple of mandatory minimum sen­ man, the District of Columbia is peculiar Some Members have come to me and tences-there is not a State in \he Union in that it belongs to the people of the said, "What about this minimum-sen­ that I know of that has any provision United States. You and I, through the tence ls.w that the judges must impose of that kind in its laws with the ex­ committees of this House and the other for certain offenses?" I realize that it ception that in most States the jury on body, legislate for the District of Co­ places a judge more or less in a strait- . conviction of a person for the crime lumbia. Under the present means of jacket. He has to make a certain crime of :first-degree murder in effect imposes operation the District Commissioners are punishable by a certain minimum sen­ a mandatory sentence, but for every not even able to change the name of a tence which must be imposed. Per­ other crime there is, as far as I have street without coming to Congress. sonally, I think that is to the good. I been able to learn and from my experi­ The District of Columbia has been sin­ think if you wm do that you will have ence, no State in the Union that bas any gularly free from corruption as far as its less crime in the District of Columbia. such radical proposal. public officials are concerned. As you As I said before, we legislate for the Mr. HALLECK. Mr. Chairman, will know, they are appointed by the Presi­ District of Columbia. In my 6 years on the gentleman yield? dent of the United States and approved the legislative committee for the District Mr. EBERHARTER. Debate is very by the other body. The District of Co­ of Columbia w.e have had legislation for limited, my time is limited. I cannot lumbia is fortunate in that we have had the barbers, the undertakers, the chiro­ yield now but will be glad to yield when good men as Commissioners. We have practors, and all of the other things that I get time under the 5-minute rule. you might have to handle in a city coun­ also had good police officers. That does It will become generally known also not mean that crime has not been on cil at home. But in this bill I think we to the public.and to the juries that when the increase, because crime in the Dis­ ought to talk through the question of a person is tried for a crime enumerated trict of Columbia, if you will look at the minimum sentences. Let us listen to in this measure, upon conviction the report of the committee, has been on those who are opposed as to the proposi­ judge will be compelled to pronounce a the increase. There is one reason for tion, and then listen to the men who minimum sentence, and this undoubtedly that. The District of Columbia is more have studied the question of minimum will result in juries being more hesitant or less of a net that gathers people here; sentences. The same is true of the to reach verdicts of guilty. Juries are people from all walks and levels of life bottle club. reluctant in many cases to bring verdicts who come to the District of Columbia. The CHAIRMAN. The time of the of guilty when they know a severe sen­ I am not so sure but that a certain gentleman has expired. tence is going to be imposed upon the group of people head for the District of Mr. SIMPSON of Illinois. Mr. Chair­ convicted person as a matter of compul­ Columbia when they get into trouble, man, I yield the gentleman one addi­ sion. because we have had some minimum tional minute. In addition to that, Mr. Chairman, I sentences or no sentences at all, or a Mr. MILLER of Nebraska. The same say that this mandatory provision is a system in the courts whereby the offen­ is true as to the licensing of the bottle · clubs. It is unfortunate. Worrl goes de:fiection upon all of the judges in the der may get a slight tap on the wrist District of Columbia. It is a re:fiection on and a warning, "You should not do out from the Capital that more liquor the courts, it is a reflection on the man­ this." I do not blame the courts en- · is consumed than milk. I guess that. is true; maybe that is because we have a ner in which the judges have been dis­ tirely, because they are not backed up charging their duties, it is in effect com­ by law. If the same crime were com­ lot of lobbyists and people who come mitted over in Virginia, those people here and take their hair down, if they plaining that there are abuses which can would be put in jail. So the rate of have any hair to take down, and sort of only be corrected by statutory law. If crime has increased in the District of . enjoy themselves. However, be that as there are. any abuses, if some of the Columbia. · it may, I think that the .bill that you judges have been too lenient, there ~re '6168 CONGRESSIO:NAL RECORD-HOUSE JUNE 5 other ways for those abuses to be cor­ way to my good friend from Pennsyl­ he is appointed, or elected. But, you rected. I cannot go along with any effort vania [Mr. EBERHARTERJ, but as a mem­ should not pass a law, at least I do not to enact a blanket provision imposing ber of the Committee on the District of believe so, and I do not think it would mandatory minimum sentences. Columbia I have given a good deal of work if you did, that says that any judge There is another very important mat­ time to a study of this bill, not as much sitting on a case -should have to decide ter in this measure which I think the as I would have liked, perhaps, and I a particular way or give a particular Members should reflect upon. In one would agree, of course, that the bill is sentence. I would vote in favor of an section of the bill the attempt ~s made to not perfect. But then again, I s"J.ppose amendment deleting this particular sec­ set out the qualifications of the jurors that no bill is ever perfect when we bring tion, if it should be offered when the bill to be chosen to try cases. Under the Con­ it out here; but this measure does repre­ is. being read for amendment. stitution of the United States and under sent months and months of painstaking Mr. JAVITS. I just wonder what the the constitution of practically every State work and study by the Special Subcom­ judge under this bill could do with a first in this Union as far as I know, it is stated mittee on Crime of the Committee on the offender charged with, let us say, house­ . that a defendant accused of a crime, District of Columbia, in addition to a line breaking at night, or with any of the especially a very serious crime, shall be by line and section by section study in juvenile delinquents under this act. ·tried by a fury of his peers. This meas­ the committee itself, after which we Could he give him a suspended sentence? ure attempts to set out that he shall be came. out with a unanimous report in Mr. KLEIN. In effect, he could. He tried by intelligent and upright men. favor of this bill. May I say to the can place the defendant on probation, The CHAIRMAN. The time of the gentleman from Pennsylvania, that in a which is exactly the same as giving him gentleman from Pennsylvania has ex­ bill which contains 41 pages, the gentle­ a suspended sentence. In other words, pired. man has mentioned but two sections to if the gentleman is afraid that it is com­ , Mr. McMILLAN. Mr. Chairman, I which he objects, one the question of pulsory on the part of the court to sen­ yield the gentleman one additional min­ taking away from the judges the right to tence boys or girls to jail, that is not ute. impose any type of sentence and the the case, because the judge would have Mr. SIMPSON of Illinois. Mr. Chair­ second one about the qualifications of the right to actually place the defend­ man, I yield the gentleman an additional jurors. May I point out to the gentle­ ant on probation so that he does not · minute. man that there is the best argument I have to go to jail. I.would, however, like Mr. EBERHARTER. Mr. Chairman, can think of for home rule in the District to yield to Judge DAVIS, the author of they attempt to set out in this bill, and it of Columbia. Here is the second day we thJ bill, who is better able to state just was stated on the floor yesterday, that are spending on this bill, purely local what the bill would do. the jurors must be intelligent, must be legislation, and as I said on many occa­ Mr. DAVIS of Georgia. Mr. Chairman, able to read, must be able to write and sions when the daylight saving bill was if the gentleman will yield, off enders must be able to think straight. I do not on the floor, it is purely a District affair. under 18 years would be handled in the know whether that is constitutional or Mr. EBERHARTER. Mr. Chairman, juvenile court and not in the district not. It is not set out in our State con­ will the gentleman yield? court. This bill places three additional stitutions or in the Constitution of the Mr. KLEIN. I yield to the gentleman offenses under existing law with refer­ United States that a man must be able ence to probation and suspension of sen­ to read and write in order t'o serve on a from Pennsylvania. tence. jury. Mr. EBERHARTER. I just want to Mr. JAVITS. But the gentleman is We are proposing something to · the say to the gentleman that what .hap­ correct, that the judge could put him on residents of the District of Columbia that pened yesterday and today, when such probation for a year and satisfy the pro­ is not required in any State of the Union, an important matter as this is up, is visions of this bill even if he were over 18 whether it be the State courts or Federal the greatest argument for home rule in and a first offender. courts. We are attempting, in effect, to the District that I k::.1ow of. · Mr. DAVIS of Georgia. No; of the use the District of Columbia as a guinea Mr. KLEIN. That is true. I intro­ first three offenses under this bill there pig on which to try out a radical de­ duced a bill similar to the Kefauver bill is some doubt whether he could suspend parture and new principles. If you will for home rule. If we would pass that, sentence or not. He would not be per­ look at the report you will find no organ­ we would not have to take the time of mitted to put him under probation for ization is listed in that report as support­ the Members of Congress from their that minimum period. ing this bill. You will not find in this manifold duties with this sort of local Mr. KLEIN. I should like to address report what the Attorney General said in legislation, and this committee wou.ld not my remarks now to my colleague from opposition to the bill. You will not find have to study it for so many months; New York [Mr. O'TooLE], who talked what the Bar Association of the District neither would the House have to sit for 2 here about the bottle clubs. I have of Columbia said in opposition to this or 3 days for purely local legislation. fought these bottle clubs ever since I bill. You will not find what the judges The people of the District are in a better have been a member of the District Com­ of the District of Columbia courts, the position to determine what laws they mittee. They ought to be controlled. Federal courts, said in opposition to this want or do not want. I will say to the They serve no useful purpose. We get bill. There is no responsible qrganization gentleman from Pennsylvania, however, no taxation from them. on record in favor of this bill. We are that we have listened to arguments pro When we first started writing this bill flying in the face of all the opposition and con on this particular bill. The Bar we put in a section that would abolish that has been expressed by the most re­ Association of the District of Columbia, the bottle clubs entirely. We then found, sponsible persons to whom we should which is primarily concerned with this after the corporation counsel came be­ look for guidance in passing statutes of bill because they are lawyers, and they fore the committee, that if we did that, the importance of this one. If the re­ are the ones that have to go into court, we would be putting out of business all port contained the opposition that has have not objected by and large to it, nor clubs, even those run by legitimate or­ bzen expressed against this 'bill, the have the judges. It is true there was ganizations such as the Colonial Dames, membership would have a chance to some objection by some of the Judiciary which we would certainly not want to do. study it, then decide in a calm and ju­ to this question of minimum or manda­ Therefore, we did the next best thing; dicious way a matter of such great im­ tory sentences, but I think my good we wrote into this bill a provision for the portance. friend is in error when he says no other abatement of nuisances. We pointed Mr. Chairman, we would make a great State has similar laws. As a matter of out that where a bottle club did not com­ and serious mistake if we passed this fact the present law in the District of port itself according to law, did not measure in the form in which it has been Columbia provides mandatory minimum conduct itself in such a manner as to be presented to us. sentences even at this time in some cases. strictly legal and responsible, it could Mr. SIMPSON of Illinois. Mr. Chair­ I do not want to take si6.es as to whether then be declared a nuisance and in that man, I yield 5 minutes to the gentleman or not the judges have been too lenient. way be put out of business. So actually from New York [Mr. KLEIN]. That may be. I do not know whether we are in effect putting these bottle clubs you can ever legislate fairness or good out of business if they do not do what NO MEASURE IS PERFECT sense or anything else in a judge. That they should do according to law. Mr. KLEIN. Mr. Chairman, I dislike is the qualification of a judge which My purpose in taking the floor at this very much to appear in opposition in any must be taken into consideration when time is simply to point out the commit- 1951 CONGRESSIONAL RECORD-HOUSE 6169 tee has had this bill under consideration realize the - gentleman is deeply inter­ Sec. 404. Licenses for bottle clubs. for a long time. It has done an excel­ ested in this problem. Sec. 405. Psychiatrist and psychologist. lent job. It seems to me we ought to be Mr. HAYS of Ohio. I have an amend­ Sec. 406. Records to be kept by bondsmen. Sec. ~07. Information with respect to laundry supported by the -HQf1Se. ment which I think will ·cure the bottle­ marks. If anybody has ~Y different ideas club evil, which I am going to present at Sec. 408. Qualification of jurors. about what the bill should contain, he the proper time. will have ample opportunity to offer an Mr. REES of Kansas. We will be DEFINITIONS amendment when tje bill is being read glad to have the ~entleman's amend­ SEC. 102. (a) For the purposes of this under the 5-minute '"rule. But do not ment. If we can knock out the bottle act- just take the attitude that because one clubs, all well and good. (1) The term "Commissioners" means the section is bad or objectionable, you Mr. HAYS of Ohio. My amendment Board of Commissioners of the District of should vote against the entire bill. would make them close at the same hour ·Columbia; (2) The term "district court" means the Mr. Chairman, I hope the Committee that everybody else closes, so there will United States District Court for the District .of the Whole will support the Committee not be any after-hours clubs. 'of Columbia; on the District of Columbia and vote Mr. REES of Kansas. I shall be glad (3) The term "United States attorney" for this bill. to support an amendment that will · do means the United States attorney for the Mr. SIMPSON of Illinois. Mr. Chair­ away with after-hours clubs. District of Columbia; man, I yield 5 minutes to the gentleman We have just read through the press (4) The term "municipal court" means the from Kansas [Mr. REESL that the amount of liquor of various Municipal Court for the District of Colum­ Mr. REES of Kansas. Mr. Chairman, kinds consumed in the District of Colum­ bia; and I want to commend the members of this bia is greater than the amount of milk. ( 5) The term "District" means the District committee for the real effort they are It hardly seems possible that such a thing of Columbia. making to deal with the crime problem could exist in the Nation's Capital. ( b) For the purposes of section 209 of this act, section 3 of the act entitled "An act to in the District of Columbia. This is not Mr. Chairman, the city of Washington establish a Board of Indeterminate Sen­ only important to the people of the Dis­ ought to set the example for other cities tence and Parole for the District of Columbia trict, but im~Jortant to the people of this country. To do anything less and to determine its functions, and for other throughout the country. would not be right. I suggest this com­ purposes'', approved July 15, 1932, as It is extremely unfortunate that a sit­ mittee continue with its work and pro­ amended (D. C. Code, sec. 24- 203), and sec­ uation such as described by this com­ ceed to clean up the sordid situation tions 2, 3, 4, and 14 of the act of July 8, 1932, mittee could exist in the Capital City of described in this report. as amended, providing for the control of The CHAIRMAN. The time of the dangerous weapons in the District (D. C. this country. Here we are in the Na­ Code, secs. 22-3202, 22-3203, 22-3204, and tion's Capital, the finest city in the gentleman from Kansas has expired. 22-3214), conviction of two or more crimes United States, the best in all the world, Mr. SIMPSON of Illinois. Mr. Chair­ charged in separate counts of one indictment and yet we are told by a committee who man, there seem to be no further re­ or information,_ or in two or more indict­ has investigated the situation that there quests for time on this side. ments or informations consolidated for trial, is more crime in Washington, D. C., than The CHAIRMAN. All time has ex­ shall be deemed to be only one conviction. in any city of its size in the country. pired. The Clerk will read the bill for TITLE II-CRIMINAL OFFENSES I want to direct my remarks in partic­ amendment. MINIMUM SENTENCES FOR CERTAIN CRIMES ular to the section in this bill that deals The Clerk read as follows: SEC. 201. (a) Section 3 of the act entitled with what is known as bottle clubs or Be it enacted, etc., That this act may be "An act to establish a Board of Indeterr:i.i­ after-hour clubs. Listen to what the cited as the "District of Columbia Law En­ nate Sentence and Parole for the District of committee has to say about them: forcement Act of 1951." Columbia and to determine its functions, These sordid enterprises threaten the TITLE -I-TABLE OF CONTENTS AND DEFINITIONS and for other purposes," approved July 15, safety, welfare, and peace of the community. SEC. 101. This act is divided into titles and 1932, as amended (D. C. Code, sec. 24-203) They are breeding places of crime and cor­ sections according to the following table of is amended by inserting "(a)" after "SEC. ruption. They come into existence as 3."; by inserting ", except as provided in contents: subsections (b) and (c)" after "hereafter" frauds, masquerading as benevolent, educa­ TABLE OF CONTENTS tional, and social organizations under the in the first sentence; and by adding at the guise of legitimacy; they constitute a per­ Title I-Table of contents and definitions end of the section the following new sub­ version of the law u_nder which their char­ Sec. 101. Table of contents. sections: ters are obtained. Sec. 102. Definitions. "(b) The minimum sentence imposed Title II---Criminal offenses under this section on a person convicted of The committee appears to tell the an assault with intent to commit rape in House that the Congress is not in posi­ sec. 201. Minimum sentences for certain violation of section 803 of the act entitled tion to throw them out and that the best crimes. 'An act to establish a code of law for the that can be done is to regulate them. I Sec. 202. Sex offenses. District of Columbia,' approved March 3, Sec. 203. Abortion. 1901, as amended (D. C. Code, sec. 22-501), or still think there ought to be some way to Sec. 204. Amendments to the Dangerous of robbery (other than robbery by stealthy classify the outfits above mentioned, the Weapons Act. _seizure, commonly known as picking pock­ ones that are sordid and corrupt, and so Sec. 205. Assault on police officer. ets) in violation of section 810 of such act forth. Certainly there must be some way Sec. 206. Forfeiture of property used in vio- (D. C. Code, sec. 22-2901), or of housebreak­ to put that particular group out of busi­ lating gambling laws. ing at night in violation of section 823 of ness. Sec. 207. Arrests without a warrant. such act (D. C. Code, sec. 22-1801), shall not The gentleman from New York who Sec. 208. Presence in illegal establishments. be less than 1 year, and if the person has preceded me indicated that an attempt Sec. 209. Possessing implements of crime. previously been convicted in the District of Sec. 210. Unlawful assembly-profane and Columbia or elsewhere of a crime of vio­ to outlaw such organizations might in- - indecent language. lence as defined in section 1 of the act of elude groups that are respectable and Sec. 211. Disorderly conduct. July 8, 1932, as amended, providing for the ought not to be interfered with. Sec. 212. Threats to do bodily harm. control of dangerous weapons in the District I would like to offer an amendment to Sec. 213. Unlawful entry. of Columbia (D. C. Code, sec. 22-3201), the this bill that would put out of business Sec. 214. -Receiving stolen -goods. minimum sentence shall not be less than 3 the groups that I have just described and years. The minimum sentence imposed Title III-Metropolitan f>-olice Department under this section on a person convicted of that are described by the committee who Sec. 301. Records-General provisions. rape in violation of section 808 of the act made the investigation. There cer­ Sec. 302. Central criminal records. entitled 'An act to establish a code of law tainly must be some way to distinguish Sec. 303. Reports by independent police. for the District of Columbia,' approved so-called bottle clubs from those that Sec. 304. Notice of release of prisoners. March 3, 1901, as amended (D. CJ. Code, sec. are classified as legitimate groups. Sec. 305. Bonding of Metropolitan Police. 22-2801), shall not be less than 5 years, and Anyway, there is no good reason why Sec. 306. Fees for storing property. if the person has previously been convicted any group should be permitted to serve Sec. 307. Mobile laboratory. in the District of Columbia or elsewhere of liquor of any kind at late hours. Title IV-General provisions. a crime of violence, as so defined, the min­ Mr. HAYS of Ohio: Mr. Chairman. Sec. 401. The Council on Law Enforcement imum sentence shall not be less than 10 will the gentleman yield? in the District. years. The maximum sentence in each case Mr. REES of Kansas. I am glad to Sec. 402. United States attorney. to which this subsection applies shall not be yield to the gentleman from Ohio. I Sec. 403. United States commissioner. less than 3 times the minimum sentenc:e, 6170 CONGRESSIONAL RECORD-HOUSE JUNE 5 I imposed, and shall not be more than the by inserting .. , except as provided in sub­ Mr. KEATING. Mr. Chairman, will maximum fixed by law. sections (b) and (c) • after 'hereafter' in the gentleman yield? "(c) For a person convicted of- the first sentence; and by adding at the end Mr. EBERHARTER. I yield to the "(1) a violation of section 432 (b) of th«) ·of the section the following new subsec­ Revised Statutes, relating to the District of 'tions: gentleman from New York. Columbia, as amended (D. C. Code, sec. "'(b) The minimum sentence imposed Mr. KEATING. It is a fact, is it not, 22-505, relating to assault with a danger­ under this section on a person convicted of that in a great many jurisdictions it is ous weapon on a police officer) ; an assault with intent to commit rape in vio­ provided by statute that there shall be "(2) a violation of section 3 of the act of lation of section 803 of the act entitled "An minimum as well as maximum sen­ July 8, 1932, as amended, providing for the act to establish a code of law for the District tences? control of dangerous weapons in the Dis­ of Columbia," approved March 3, 1901, as Mr. EBERHARTER. In generally trict (D. C. Code, sec. 22-3203, relating to 11· amended (D. c. Code, sec. 22-501), or of rob­ every jurisdiction the judge had the legal possession of a pistol), after having pre­ bery (other than robbery by stealthy seizure, viously been convicted of violating that commonly known as picking pockets) in right to impose either a minimum or section; or violation of section 810 of such act (D. C. maximum sentence or to place the ac­ "(3) a violation of section 209 of the Dis­ Code, sec. 22-2901) , or of housebreaking cused or the person found guilty on sus­ trict of Columbia Law Enforcement Act of at night in violation of section 823 of such pended sentence. This bill would pro­ 1951 (relating to possession of implements of act (D. C. Code, sec. 22-1801), shall not be vide that he has no discretion, as far as crime) after having previously been con­ less than 1 year, and if the person has minimum sentence is concerned. victed in the District of Columbia of a viola­ previously been convicted in the District of Mr. KEATING. Does the bill take tion of that section or a felony, or after hav­ Columbia or elsewhere of a crime of violence away from the judge the right to place ing previously been convicted in another as defined in section 1 of the act of July jurisdiction of a crime which would be a. 8, 1932, as amended, providing for the con­ a convicted criminal on probation? felony if committed in the District, trol of dangerous weapons in the District of Mr. EBERHARTER. It does; in some the minimum sentence imposed under this Columbia (D. C. Code, sec. 22-3201), the min­ of the cases it makes the minimum sen­ section shall not be less than 1 year, and imum sentence shall not be less than 3 tence of 3 years mandatory. the maximum sentence shall not be less than years. The minimum sentence imposed un­ Mr. KEATING. Is that for a first three times the minimum sentence imposed der this section on a person convicted of offender? nor more than the maximum fixed by law." rape in violation of section 808 of the act en­ Mr. EBERHARTER. No; that is for a (b) Section 4 of the ac;:t entitled "An act titled "An act to establish a code of law for I to reorganize the system of parole of pris­ the District of Columbia," approved March second offender. But cite this illus­ oners convicted in the District of Columbia," 3, 1901, as amended (D. C. Code, sec. 22-2801) , trative case to the gentleman: Suppose approved July 17, 1947 (D. C. Code, sec. 24- shall not be less than 5 years, and if the a chap had become a drug addict but 201c, relating to reduction of minimum sen­ person has previously been convicted in the had ma.de a sincere, strong, earnest, and tences), is amended by adding at the end District of Columbia or elsewhere of a crime honest attempt to cure himself. Per­ thereof the following new sentence: "If a. of violence, as so defined, the minimum sen­ haps 5 or 10 years later he became ad­ prisoner is serving a sentence for a crime for tence shall not be less than 10 years. The dicted again through some happenstance which a minimum sentence is prescribed by maximum sentence in each case to which or circumstance; the judge would be section 3 (b) of the act entitled 'An act to this subsection applies shall not be less than establish a Board of Indeterminate Sentence three times the minimum sentence imposed, compelled to sentence him even after his and Parole for the District of Columbia and and shall not be more the maximum fixed 10 years of good behavior, sentence him to determine its functions, and for other by law.'" to the mandatory minimum length ef purposes,' approved July 15, 1932, as amend­ time. ed, his minimum sentence shall not be re­ Mr. EBERHARTER. Mr. Chairman, Mr. DAVIS of Georgia. If the gentle­ duced under this section below the minimum this amendment would correct the so­ sentence so prescribed." man will yield, this does not apply to called mandatory minimum sentence. drug addicts. · ( c) The first sentence of section 2 of the If you heard the reading of the act entitled "An act for the establishment Mr. SMITH of Virginia. Mr. Chatr­ of a. probation system fqr the District of amendment, you will notice that the man, I rise in opposition to the amend­ Columbia," approved June 25, 1910 (D. c. minimum which a judge would be. com­ ment. pelled to sentence a person found gun.. Code, sec. 24-102), ls amended by adding Mr. Chairman, I had the pleasure of "or any other crime for which a minimum ty would be 3 years. I submit, Mr. serving on this special Committee on sentence is prescribed by section 3 (b) of Chairman, as I said before, that this is the act entitled 'An act to establish a Board an invasion of the rights of the judici­ Crime under the leadership of the very of Indeterminate Sentence and Parole for the ary. During all the history of English able gentleman from Georgia [Mr. District of Columbia and to determine its DAVIS]. We worked on this for a long functions, and for other purposes,' approved jurisprudence it has been customary time. The way this committee came into July 15, 1932, as amended," after "kidnap­ generally to place in the hands of the ing,". court, the judge presiding, over the jury being was because statistics were pub­ (d) The amendments made by this sec­ in cases of this kind, discretion, after lished which showed that Washington tion shall not apply with respect to any sen­ listening to all the testimony and mak­ had more of certain crimes than any city tence imposed for a crime committed before ing himself familiar with all the circum­ in the United States. That is our re­ the date of the enactment of this act. stances, the aggravations, and the past sponsibility; we ought to do something Mr. McMILLAN open these Mr. CHELF. But at least, does not to keep the following records: records up so that the newspapers can the gentleman think it would be better General complaint files, in which shall have them, so that there can be publicity than just a general complaint; maybe be entered every complaint preferred and so that crime can be laid open to a wildcat statement on the part of upon personal knowledge of the circum­ the blazing light of public opinion. That somebody? stances thereof, with the name and resi­ might have a good effect on stopping Mr. EBERHARTER. I think the gen­ dence of the complainant. crime. tleman is right in that statement. They shall keep records of lost, miss­ Mr. EBERHARTER. This would open Mr. O'HARA. Mr. Chairman, will the ing, or stolen property; also a personnel the road, it seems to me, for a person gentleman yield? record of each member of the Metro­ to use the information that is gathered, Mr. EBERHARTER. I yield to the politan Police force, giving various de­ when the matter is open to public in­ gentleman from Minnesota. tails concerning him and such other spection, for practically blackmail pur­ Mr. O'HARA. The gentleman, I think, records as the Board of Commissioners poses. They can find out information makes the point that somebody may go consider necessary for the efficient from those confidential police records to the police department when an irre­ operation of the Metropolitan Police and perhaps blackmail a person, because sponsible charge is made against an in­ force. of some complaint made against them dividual, and then that information I think it is very necessary and a good by a person in the past. would be available to the public even idea to compel the police force or the Mr. ALBERT. Mr. Chairman, will the if the police investigated it and said it Board of Commissioners to keep these gentleman yield? was not worthy of any recognition. records; but I think it would be a mis­ Mr. EBERHARTER. I yield to the Mr. EBERHARTER. That is exactly take, Mr. Chairman, to have these gentleman from Oklahoma. right. 6178 CONGRESSIONAL RECORD-HOUSE JUNE , 5 Mr. O'HARA. The gentleman has Mr. MASON. · If there is any Member Which leaves those two classes of rec- . that in mind, I assume. of this House that has not had com- ords as they now are. They are now Mr. EBERHARTER. That is just plaints made against him by his political open to public inspection. what I have in mind. opponents or has not had a false state- Mr. KEATING. Jn other· words, the Mr. HOLIFIELD. Mr. Chairman, will ment made against him or has not had provisions of the pending bill nar.row the gentleman yield? public records examined, I do not know rather than enlarge the area which is Mr. EBERHARTER. I yield to the of that person. I have been in public open to public inspection?. . gentleman from California. life for 30 years, holding a public office. Mr. DAVIS of Georgia That is cor­ · Mr. HOLIFIELD. The gentleman I have had time and time and time again rect. It takes out for public inspection, from Pennsylvania, I think, has a very complaints made against me and false without permission of the chief of police, worthy amendment on this point, be­ statements made against me. But as the personal records of the policemen, cause many of us know that neighbors long as they cannot be substantiated, I which records are made in the police of­ sometimes get into different types of have not done any worrying about them. fice and not by the officer regarding quarrels and malicious complaints are Mr. EBERHARTER. We who know whom the personal information is given. placed without foundation and are filed the gentleman from Illinois [Mr: MASON] Mr. KEATING. So if we were to adopt with the police department. Now, if know that there is no complaint that the amendment of the gentleman from such a complaint, for instance, was filed could.be made against him that would be Pennsylvania we would overturn what against any public official, including a justified. has been the law here in the District of Member of Congress, and it became a Mr. MASON. No complaint could be Columbia for a long, tong time? matter of public record, even though it made about ·other Members of Congress Mr. DAVIS of Georgia. And every­ was unfounded, later on a political op­ that could be justified. I do not believe where else that I know of. These com­ ponent of that public official might go we have to worry about those things. plaint records are available to the public and take it from the record and say this Mr. DAVIS of Georgia. Mr. Chair- everywhere in every jurisdiction with complaint was lodged against a par­ man, I rise in opposition to the amehd- which I am familiar. ticular official. Of course, it would be ment. The CHAIRMAN. The question is on a matter of proof that the complaint Mr. KEATING. Mr. Chairman, will the amendment offered by the gentle­ was filed; nevertheless, it would have the gentleman yield, before he starts his .. man from Pennsylvania [Mr.. EBER­ no foundation. The request of the gen­ statement, just on the point we have HARTER]. tleman from Kentucky that an affidavit been discussing? The amendment was rejected. .be made would not cure it. It would Mr. DAVIS of Georgia. I yield to the Mr.MILLER of Nebraska. Mr.Chair- help it but not cure it. It would only gentleman from New York. man, a parliamentary inquiry. ·subject the person making the com­ Mr. KEATING. I am a little bit at sea The CHAIRMAN. The gentleman plaint to suit for making a false state­ about this amendment. I hope the gen- will state it. ment. tleman from Georgia will point out how Mr. MILLER of Nebraska. Are there · i Mr. CHELF. Mr. Chairman, will the section 389 now reads, because as things other amendments to be offered to gentleman yield? now stand I understand there is a public the bill? . Mr. EBERHARTER. I yield to the record of what is lost, missing, or stolen The CHAIRMAN. Apparently there gentleman from Kentucky. property. · You see those things in the are no other amendments. . Mr. CHELF. But does not the gentle­ newspapers all the time. I doubt seri- Mr. McMILLAN. Mr. Chairman, I man believe it would be a deterrent if ously whether this section, which the move that the Committee do now rise you had to make an affidavit instead gentleman from Pennsylvania seeks to and report. the bill back to the House of just making a wild statement? eliminate, adds very much to existing with an amendment, with the reconi­ ' Mr. BELCHER. Mr. Chairman, will law. mendation that the amendment be the gentleman yield? Mr. DAVIS of Georgia. The existing agreed to and .that the bill, as amended, I Mr. EBERHARTER. I yield to the section of the code, 389, provides: do pass. gentleman Jrom Oklahoma. All the books mentioned in section 4-134 The motion was agreed to. ~ Mr. BELCHER. The only way you shall be, at all business hours, and when not Accordingly the Committee rose; and can file a complaint is by a sworn affi­ in actual use, open to public inspection. the Speaker pro tempore