'5450 .CONGRESSIO~AL :RECORD-HOUSE MAY 11 Joseph R. Lannom Valentine H. Schaeffer Charles H. Bennett Alfred F. Robertshaw Carl K. Fink Robert P. Briscoe James B. Glennon, Jr. Richard M. Huizenga Stuart S. Murray Cuthbert A. Griffiths Russell Duncan Alfred N. Gordon John J. Patterson, 3d Morton T. Seligman Edwin C. Aiken James I. Glendinning, Jr. George K. Weber William D. Sample John S. Fantone William F. Hogaboom Harry W. von Hasseln Richard B. Tuggle Willard B. Holdredge William H. Pace Robert R. Ferguson Ralph W. Hungerford George M. Lhamon Carter B. Simpson Harold A. Turner Charles B. Hunt William A. Cloman, Jr. Harry J. Hansen Robert L. Boller Rossmore D. Lyon James J. Hughes Thomas A. Gray Henry T. Stanley HOUSE OF REPRESENTATIVES George L. Compo THURSDAY, MAY 11, 1939 To be lieutenant commanders The House met at 12 o'clock noon. Frederick R. Furth Rufus E. Rose The Chaplain, Rev. James Shera Montgomery, D. D., offered Harold B. Miller William P. Tammany the following prayer: William B. Bailey Robert L. Swart Almighty God, unto whom all hearts are open, all desires Henry C. Daniel Frank C. Layne known, and from whom no secrets are hid, cleanse the Sherman E. Burroughs, Jr. Eugene C. Burchett thoughts of our hearts by the inspiration of Thy Holy Spirit John D. Shaw George A. Sinclair that we may perfectly love Thee and worthily magnify Thy Edward W. Rawlins Dale Harris holy name. Thomas A. Turner, Jr. Kenneth Earl George W. Stott Allen P. Calvert Our Father, who art in heaven, hallowed be Thy name; Dwight H. Day LeRoi B. Blaylock Thy kingdom come, Thy Will be done em earth as it is in Irving T. Duke Samuel E. Latimer heaven. Give us this day our daily bread, and forgive us Truman J. Hedding John K. B. Ginder our trespasses as we forgive those who trespass against us; Edward L. Woodyard Beverley R. Harrison, Jr. and lead us not into temptation but deliver us from evil, tor Thine is the kingdom and the power and the glory forever. To be lieutenants Amen. Norman M. Miller The Journal of the proceedings of yesterday was read and Donald V. Daniels approved. Robert A. Theobald, Jr. MESSAGE FROM THE PRESIDENT To be lieutenants (junior grade) A message in writing from the President of the United Paul D. Ellis, Jr. Charles M. Holcombe States was communicated to the House by Mr. Latta, one of Gould Hunter John H. Turner his secretaries. Parker L. Folsom Jud F. Yoho, Jr. MESSAGE FROM THE SENATE To be surgeons A message from the Senate, by Mr. Frazier, its legislative Charles F. Flower Glenn S. Campbell clerk, announced that the Senate had agreed without amend Harold V. Packard Herman M. Maveety ment to a concurrent resolution of the House of the following Leon D. Carson Charles R. Wilcox title: Gerald W. Smith French R. Moore H. Con. Res. 16. Concurrent resolution authorizing the Thomas M. Arrasmith, Jr. Joseph W. Kimbrough printing of additional copies of House Report No. 2 on Inves Walter F. James Raymond W. Hege tigation of Un-American Activities and Propaganda. Arthur W. Loy Theophilus F. Weinert The message also announced that the Senate agrees to the Albert T. Walker report of the committee of conference on the disagreeing To be chief electricians votes of the two Houses on the amendments of the House to Maurice B. Ruegamer the bill (S. 964) entitled "An act creating the Arkansas George B. Greer Mississippi Bridge Commission; defining the authority, power, and duties of said commission; and authorizing said com To be paymasters mission and its successors and assigns to construct, maintain, Joseph E. Wolowsky and operate a bridge across the Mississippi River at or near James B. Ricketts . Friar Point, Miss., and Helena, Ark.; and for other purposes." Alfred P. Randolph The message also announced that the Senate disagrees to To be assistant paymasters the amendment of the House to the bill
"Oh. yes, we are. We know they are too low, but we are NUMBER OF CONSUMERS SERVED living in hope that they will be adjusted. We know they are The following table shows the number of consumers receiv far out of line with the prices of manufactured articles, but ing electric service on these lines built by the R. E. A. up to we meet that situation to some extent by producing more of May 1, 1939: the things we need at home, such as vegetables., chickens, Number of consumers receiving electric service on lines built with meats, dairy products, and so forth. You understand we R. E. A. loans have a. cooperative cold-storage plant in the community, and (Reports available May 1, 1939, from R. E. A. borrowers) we can kill our meat a.t any time of t_he year without fear of ArizonaAJabama------______5,437 losing any of it, and we can store our eggs in the summertime, 255 ~·kansas------California______3,660 when they are low in price, and keep them for better prices 1.728 in the winter season. DelawareColorado------______.______1,537 "Then, too, I have an electric sewing machine on which I Flortda______718 Georgia______1,560 make a good many of the family clothes and save a littl~ 16,393 money in that way;• IllinoisIdahO------______1,132 "You seem to be satisfied here,'' he said. Indlana ______5,562 17,757 "Yes; we tried it in the city for several years, and, while lcwa------ 11,608 my husband drew fairly good wages most of the time, 'we 2', 108 ieansas------ 7,987 never had a home and were never able to save anything, nor Kentucky~uJsiana ______------__. ______were we a.t any time able to enjoy anything like the conven 2,271 Maryland~ine------______145 iences we now have. We are back here to stay. I would not !4ichigan ______541 leave it for the world. 9,374 MississippiMinnesota------______15,036 "You remember when we were growing up, boys and girls 4,807 always seemed to be in a hurry to get through school in order !4ontana~ssour1------______8,324 to get a.way from home. Children in this community now Nebraska ______:______2,203 are iust as anxious to get through school-and so are the 6,875 ones who are away to college-not to get away from home,. New JerseY------ 617 New MexiCO------ 224 but to get back home." NewNorth York..------Caroltna______. 1,800 He realized then that he was catching a glimpse of the 5,241 NorthOhio______Dakota------_ 1, 171 future;. getting his first vision of a new civilization. the elec 18,680 tric age. OklahODna------ 4,225 He had seen his first electrified farm. 715 ~onPennsylvania. ------______6,306 Mr. Speaker. these pictures are not overdrawn; they do not South Carolina.. ______5,364 refiect merely the iridescent dream of a power enthusiast; South Dakota------608 they are actual occurrences that have their counterpart in Tennessee ______------11,954 nearly every State in the Union. T'exas ------ 12,873 Virgini&------ 6,491 I4ILBS OF R~ LINES BUILT BY 1t. E. A. Washington------West Virginia______·------_ 2,000 The following table shows the number of rural power lines Wisoonsbn ______286 WyODntng ______11,970 completed and energized by the R. E. A., or with R. E. A. 1,373 loans in each State, up to May 1, 1939: TotaJ. ______:______218, 416 Completed and energized miles of roral electric line! built with B. E. A. loans May 1, 1939 The above table does not include that portion of the Ten (Reported by R. E. A. borrowers) nessee Valley area where the rural lines were built by funds ArkansasAla:bama------______. ______·---- _ 2,515 2,020 borrowed from other sources. If they were added, the num Caluornia------Colorado______1,210 ber of rural power consumers in Mississippi would be in 783 creased by at least 50 percent. ~a~re------875 Florida ______.______· ------840 AMOUNT ALLO'rl'ED TO EACH STATE Georgia------Idaho ______5,873 The following table shows the total allotments, both as lllinois ______..: ______465 2,701 to the number of borrowers and the amounts of the loans, IowaIndiana------______7,393 as of May 5, 1939:
~ansas ______6,569 Status of National Rural Electrification program, as of May 5, 1939 1,189 Loudsiana_~entucky ------______3,830 Scheduled allot- Estimated allotment 1,174 Total allotments ments for remain- through 1938-39 !4aryland~tne------______66 ing 1938-39 program 220 5,119 8,782 Number Number Number ~ppl ______ofbor- Amount ofbor- Amount ofbor- Amount ~~~~======2,242 rowers rowers 1 rowers !4ontana______2,546 MlssourL------1,151 NewJersey ______4, 511 United ~e~ka------223 States._ 593 $210, 370, 830 31 $9, 494, 000 624 $219, 864, 830 195 ======l======F====ol======l======New~exico------ Alabama______14 4, 826,550 ·------~- 14 4, 826,550 New York------ 214 Ariwna______1 14.5, 000 1 539,000 2 684,000 Northi>akotaNorth Carolina------______1,579 Arkansas______12 4, 290,500 ------12 •· 290,500 Obio______647 California.----- S 1, 535, 500 1 60, 000 4 1, 595, 500 Oklahoma ______:_ __ _ 7,815 Colorado______8 2,581,000 3 441,000 11 3,022,000 Oregon______2,347 Delaware______1 895,037 ------1 895,037 247 Florida______5 1, 098, 000 ------194, 000 5 1, 292, 000 Pennsylvania ______8,028 Georgia______34 10,927, 615 ------20,000 34 10.947,615 South Carolina______ld~ho_------6 1, 881,750 ·------6 1, 881,750 1,836 illinois ____ .____ 22 11,444,630 3 600,000 25 12, 04~, 630 South Dakota------ 311 Indiana______34 12,776,195 6 1,74.{),000 39 U,516,195 2,691 Iowa______4.8 14,428,128 1 400,000 49 14,82&,128 Tennessee------ Kansas______13 3,840,651 6 1,266,000 19 5,106,651 Texas------V~nla______6,872 3,207 Kentucky------2S 6, 882,720 1 344,000 24 7, 226,720 ~ashlngton______Louisiana_____ 9 2, 170,100 2 291,000 11 2, 461,100 VVestVirginla ______1,024 Maine______1 91,000 ------1 91,000 202 Maryland.----- 2 469, 000 ------2 469, 000
~ng ______5,999 Michigan______14 10,726,000 ------14 10,726,000 VVbreonsin-----~------646 Minnesota..____ 34 14,531, 736 ------100,000 34 14, 631, 736 I Where no new borrowers are listed, although allotments are scheduled !or the Tatal----·------99,657 State. the scheduling is for supplementarY allotments. 5454 CONGRESSIONAL RECORD-HOUSE MAY 11 Status of National Rural Electrification program, as of Uay 5, 1939- pose, and it is a yardstick by which every Member of this Continued House can measure the national debt for every township, village, city, and county in his congressional district and Scheduled allot Estimated allotments Total allotments ments for remain through 1938-39 every congressional district in the United States. ing 1938-39 program Mr. RANKIN. Mr. Speaker, will the gentleman yield? Mr. DONDERO. In just a moment. I have prepared a Number Number Number of bor- Amount of bor- Amount of bor- Amount statement showing the amount of the national debt propor rowers rowers rowers tionately for every township, city, village, and municipality in my congressional district, and I ask unanimous consent Mississippi_ ___ ~ 20 $5, 788, 700 1 $213, 000 21 $6, 001, 700 that it be inserted in the RECORD in connection with these Missouri______26 9, 342, 2\.0 ------135, 000 26 9, 477, 200 Montana __. _____ 10 1, 913, 6CO ------10 1' 913, 600 remarks. Nebraska______27 10,092,200 ------27 10, 092, 200 The SPEAKER. Is there objection? Nevada______1 222,000 ------1 222,000 . There was no objection. New Jer ~ ey _____ 2 420,300 ------2 420,300 New Mexico____ 3 705,000 ------3 705,000 Mr. DONDERO. Mr. Speaker, in 1857 the national debt New York______1 l, 050,000 ------325,000 1 1, 375,000 North Carolina_ 21 5, 106,350 1 171,000 22 5, 277, 350 of the United States was $28,701,375, less than one-half of North Dakot-a __ 5 1, 303,972 1 312,000 6 1, 615,972 Oakland County's proportionate share of the 1938 national Ohio ______27 13,041,025 ------65, OG{) 27 13, 106, 025 Oklahoma______18 5, 834,000 ------______18 5, 834, 000 debt, $60,297,372, and represented a per capita debt of $1.01, Oregon______5 552,000 1 197,000 6 749,000 in contrast to a 1938 per capita debt of $285.43. Pennsylvania___ 9 5, 351,200 ------9 5, 351,200 South Carolina_ 4 2, 5111, 328 1 280,000 5 2, 761,328 A billion-dollar national debt was first reached in 1863, flouth Dakota__ 3 587,000 ------·100, 000 3 687,000 midway in the Civil War period, and continued upward to Tennessee______12 3,831,058------12 3, 831,058 •.rexas __ ------53 15,769, 185 ------157,000 53 15, 926, 185 $2,755,763,929 in 1866, with the per capita debt $77.69. Utah______3 274,000 ------297,000 3 571,000 ':~r~o_nL______1 $142, 000 ------1 $142,000 · From 1867 to 1893, a period of 27 years, our public debt '\ lrglllla __ ------12 5, 482, 8CO ------$250, 000 12 5, 732, 800 was gradually reduced and dropped below the billion-dollar Washington____ 7 1, 641,700 1 151,000 8 1, 792,700 West Virginia__ 2 503,000 ------2 503,000 mark to $968,218,841 in 1892 and $961,431",766 in 1893. In Wisconsin______28 11,259,300 ------701,000 28 11,960,300 1894 a period of gradual increase set in, reaching $1,436,700,704 Wyoming______8 1,555,800 1 100,000 9 1, 655,800 Alaska ______------1 125,000 1 125,000 in 1899. This was the peak following the Spanish-American Puerto Rico____ 1 500,000 ------1 500,000 War, and the per capita debt was $19.93. From 1900 to 1916 our national debt remained close to the STATEMENT OF 1938-39 APPROPRIATIONS Appropriation ______.: ______------______$140, 000, 000 billion-dollar mark, varying between $1,263,416,913 and Allotted _____ ------120, 739, 520 $1,132,357,095, and the per capita debt between $16.56 and $11.83. It is interesting to note that in 1916, the year before Balance ___ ------19, 260, 480 Scheduled ______------______------9, 494, 000 our participation in the World War, our national debt was $1,225,145,568, less than one-half what it was at the close of TotaL------~------.------'9, 766,480 the Civil War. '$2,871,855 of this amount is sterilized; I. e., required funds for which no allotments are scheduled. The balance constitutes a reserve. At the close of the World War our national debt had been .LET US ELECTRIFY EVERY FARM HOME IN AMERICA multiplied 20 times to $25,482,034,419 and a per capita debt of $240.09, the high point until $27,053,085,988 was reached Last year I secured the adoption of an amen<:fment to the in 1934. The indebtedness incurred during the World War relief bill providing for an additional $100,000,000 for the years was reduced by more than $9,000,000,000 during the Rural Electrification Administration, to be allotted among years 1920-30 to $16,185,308,299. the various States for loans for the construction of rural power lines. You will note that that fund is almost ex In recent years our national debt has increased as much hausted, and it will be entirely exhausted before the end of as $4,844,217,530 in a single year and since 1932 the total the fiscal year. increase has been nearly. $18,000,000,000. · On June 30, 1938, . I regard this as one of the best services I have ever been it exceeded $37,000,000,000 and by June 30, 1939, the Treas able to render to the farmers of this Nation, for I realize ury Department estimates it will reach $41,131,502,010 that as a result probably a million people in the farm homes and this will make the increase since 1932 approximately of this Nation will receive electricity who had never had an $22,000,000,000. electric light in their homes. The following tables show the proportionate share of the This is just the beginning; we must keep this great program 1938 national debt by townships, cities, and villages in my going until we take to the farmers in every nook and corner congressional district. of this land the benefits of the greatest natural resource on Proportionate share 1938 national debt by townships, cities, and earth, outside of the soil from which we live, and that is the villages, Oakland County [Report of Secretary of tbe Treasury, 1939, gross debt on June 30, 1938, was $37,167,- electric power of the Nation. [Applause.] 587,451; gross debt per capita $285.43. Population figures used in this table, official EXTENSION OF REMARKS census, 19301 Mr. MERRITT. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD and to include therein an editorial from the Binghamton (N. Y.) Press. The SPEAKER. Is there objection? Township: Addison------954 $272, 300. 22 There was no objection. A von ______------______6, 961 1, 986, 878. 23 PER CAPITA INDEBTEDNESS OF UNITED STATES Bloomfield ______---_-~_ 10,088 2, 965, 046. 84 Brandon ______------______------___ _ 1, 3>7 384,474.21 Mr. DONDERO. Mr. Speaker, I ask unanimous consent to Commerce __ ------_------_------1, 789 501,634.27 prcceed for 1 minute and to extend my remarks in the Farmington ____ ------______------3, 512 1, 002, 430. 16 Groveland ___ ------~ ------674 192,379.82 RECORD. . Highlllnd _- .- _------______1, 206 344,228.58 Holly __ ------3,170 904,813. 10 The SPEAKER. Is there objection? Independence ______1,803 514,630. 29 There was no objection. Lyon ______------1, 874 534,895.82 2,018 575,997.74 Mr. DONDERO. Mr. Speaker, on the 8th day of January 1, 571 448,410.53 . 1835 Andrew Jackson, then President of the United States, ~Oaklandoil:f~~ ~______~ ======-- = =- =----- = ~ : ==____ = = = -----_----======: ==- =- 792 226, 050.56 Orion ______------__ 2, 742 782,649.06 paid the last dollar of the national debt. He was one Presi Ox ford ___ ------_------2, 975 849, 154.25 dent of the United States who did not believe that a national Pontiac __ ------2, 696 769, 519.28 Rose ______----- __ ------661 188,669.23 debt was a national blessing. Twenty-two years iater, in Royal Oak_------21\,277 7, 500, 244. 11 1857, the per capita national debt-the debt for each man, South field ______3,174 905,954.82 Springfield ______923 263,451.89 woman, and child in the United States-was $1.01. Today Troy-· ------7, 374 2, 104,760.82 that per capita debt is more than $285. That is a yardstick W aterf{)rd ______------_------8,239 .2 ..351, 657. 77 W e"t Bloomfield_------_------4,202 1, 199,376.86 that· you cannot expand or contract to serve any man's pur- White Lake______------1,114 317,969.02 1939 CONGRESSIONAL RECORD-HOUSE 5455 Proportionate share 1938 national debt by townships, cities, and of Government is responsible. To that end I am today di villages, Oakland County-Continued recting a letter to the Chief of the Procurement Division, United States Treasury Department, requesting an immediate investigation of this purchase, and if this information is found to be correct, the present contract be declared illegal and a City or village: contract entered into with the lowest bidder. Berkley ______------5, 571 $1, 590, 130. 53 The SPEAKER. The time of the gentleman from Minne Birmingham ______------____ ------9,539 2, 722, 716. 77 Bloomfield Hills __ ------1, 127 321,697. 61 sota has expired. Clarkston ______------__ ------639 182,389.77 Mr. YOUNGDAHL. Mr. Speaker, I ask unanimous consent O!awson ___ ------3,377 963,897. 11 Farmington_____ ------_---- __ --_----. __ ------1, 243 354,789.49 to extend my remarks and to include therein at this point Ferndale ______• ______p ______• __ 20,855 5, 952, 642. 65 a letter which I received this morning from the Minneapol.:s Holly ___ ------2, 252 642,788. 36 Huntington Woods ______p ___ _ 655 186,956.65 Moline Power Implement Co., also a copy of a letter directed Lake Orion ______.. ______. ______••••• ___ _ 1, 369 390,753 . .67 to the Chief of the Procurement Division of the United States 1\filford ___ ------~ ---- 1, 364 389,326.52 Oak Park .• ------1, 079 307,978.97 Treasury Department by Mr. H. B. Naquin, of Thibodaux, La. Oxford ______------__ ------2,052 585,702.36 The SPEAKER. Is there objection? Pleasant Ridge ____ ------______------2,885 823,465.55 Pontiac ______•• ----__ ------64,928 18, 532, 399. 04 There was no objection. Rochester------__ ------3, 554 1, 014,418. 22 The letters referred to are as follows: Royal Oak ______------22,904 6, 537,488. 72 Oakland County ______------____ ---- 211,251 60,297, 372. 93 MINNEAPOLIS, MINN., May .9, 1939. Hon. OsCAR YouNGDAHL, The House of Representatives, Washington, D. C. Proportionate share 1938 national debt by townships, cities, and DEAR CONGRESSMAN YOUNGDAHL: I want to call your attention to villages, Wayne County an irregularity in the purchase of farm tractors by one of the (Report of Secretary of the Treasury 1939, gross debt on June 30, 1938, was $37,167,· Government agencies. 487,451; gross debt per capita $285,43. Population figures used in this table, official census, 1930. Table includes townships, cities, and villages wholly in Seventeenth In March 1 bids were opened for the purchase of five tractors by Michigan District; city of Detroit and Wayne County totals] the Terrebonne Farms, Inc., at Shriever, La., under the Farm Security Administration. A bid was placed by H. B. Naquin, dealE;r selling Minneapolis-Moline tractors in that territory. Mr. Naquin has been in that territory a great many years, and is highly regarded as one of the most competent agriculturists in the Sugar Belt. He has fur nished many of our tractors and many implements manufactured Tow~hip; by this company, as well as many special imple.nents of his own con LJVOlll!L______3,192 $911,092.56 struction, to a great many of the best farmers in that territory: as Northville------5, 135 1, 465, 6E' 3. 05 a matter of fact, he has both tractors and implements on farms Plymouth______6, 038 1, 723, 426. 34 adjoining the Terrebonne that have given satisfaction for many Redford ------·~------3, 834 1, 094,338. 62 City or village: years. When the"bids were opened he was low bidder, but the party Detroit------1, 568, 662 447, 743, 194. 66 that was awarded the contract secured the business at a price of Northville------2, 566 732,410. 38 $2,928.90 more than Mr. Naquin's bid for tractors of no better Plymouth______4, 484 1, 279,868. 12 construction, no greater capacity, no better reputation. 1------·1------Mr. Naquin wrote a letter to the Chief of the Procurement Division Wayne County __ •• ------~· 888, 946 539, 161, 856. 78 of the United States Treasury Department and sent copies of same to the President of the United States, Henry Wallace, Secretary of Agriculture, and the Department of Justice, and others. I am Mr. Speaker, I now yield to the gentleman from Mississippi. attaching a copy of Mr. Naquin's letter, which tel!s the story in Mr. RANKIN. Mr. Speaker, if the gentleman from Michi detail. On receipt of this letter I corresponded further with Mr. gan will tune in his radio next Tuesday morning I will tell Naquin, and in replying to my letter he did not say that he had any him how he can contract that debt in proportion to the further advice or satisfaction. . When asked to bid to the Government on machinery of this kind American people's incomes, by a reasonable controlled ex it is our understand;ng that the award is to be made to the lowest pansion of the currency. responsible bidder. If that is not the intention, why does the Gov Mr. DONDERO. I shall be delighted to do so. ernment ask for bids? Mr. Naquin, the dealer, is a respected citizen in his community. He pays his taxes and is entitled to fair treat Mr. RANKIN. Because with the contraction of the cur ment. We, as manufacturers, do likewise. We build honest ma rency driving down commodity prices there is a proportionate chines and we do guarantee them to do the work for which they are increase in the dollar to the American people and a propor sold. We do cons ~ der it an insult and an injustice when we are not tionate reduction of farm prices, as well as ·of the national treated fairly in connection with bids made to the Government. By what right or authority does any agency, after taking bids on income. machines of this kind, have any discretion except to award to the Mr. DONDERO. The way to contract that yardstick would low responsible bidder? We feel that this is a case that demands be to stop spending and wasting public money. [Applause.] an investigation. We feel that the machines that were delivered on this award COMPETITIVE BIDDING FOR PURCHASES BY UNITED STATES should be returned and the award made to Mr. Naquin if investiga Mr. tion shows the facts to be as stated in his letter. Mr. YOUNGDAHL. Speaker, I ask unanimous consent Respectfully, to proceed for 1 minute. MINNEAPOLIS-MOLINE POWER IMPLEMENT Co., The SPEAKER. Is there objection? GEORGE L. GILLETrE, Vice President. There was no objection. Mr. YOUNGDAHL. Mr. Speaker, as I understand the law THmoDAUX, LA., April 19, 1939. all government purchases of any consequence must be made CHIEF, PROCUREMENT DIVISION, UNITED STATES TREASURY DEPART- MENT, . by competitive bidding and the contract given to the lowest Washington, D. C. bidder, all things being equal. I am in receipt of certain DEAR Sm: An investigation is requested and an explanation asked ' information this morning which I believe this honorable body by the taxpayers whose moneys are disbursed by the Treasury De partment as to the gross irregularities practiced on March 1, 10 should be apprised of. On March 1 bids were opened for a. m., in the awarding of bids for the purchase of five tractors by the purchase of five tractors by the Terrebonne Farms, Inc., the Terrebonne Farms, Inc., at Schriever, La., under the Farm . at Shriever, La., under the Farm Security Administration. Security Administration. A bid was placed by H. B. Naquin, a local dealer selling The Treasury Department, whose duty it is, and which is pledged to safeguard expenditures of public funds, is being severely criti Minneapolis-Moline tractors in that territory. Mr. Naquin cized and publicly charged with evasion of duty, "willful winking has been in that territory a great many years and is highly at," or inexcusable ignorance of graft, favoritism, etc., in this par respected as a citizen and as a businessman. When the bids ticular instance, known and condemned by all self-respecting citi were opened he was the low bidder, but the party that was zens of this section, and this is simply another glaring example pointed out of what these Government agencies now pull off. awarded the contract secured the business at a price of 1. I and other leading citizens charge incompetency and lack of $2,928.90 more than Mr. Naquin's bid for tractors of no practical experience in selecting the most adaptable tractors for better construction, no greater capacity, no better repu the purpose. tation. If this information is correct, and it comes from 2. That my tractors are standard, modern, and are the equal of a.nY on the market as to efficiency and economy of operation and a reliable source, then there has been a positive violation of upkeep, and that the implements supplied with the tractors are the law. We are entitled to know what Department or agency the most practical, being especially designed for use on cane, corn. LX.XXIV-345 5456 " CONGRESSIONAL RECORD-HOUSE MAY 11
potato, and truck farms, requiring such for our local types of land J Mr. RANDOLPH. Mr. Speaker, I ask unanimous consent and specialized cultivation. The Terrebonne Farms. Inc .• grow to extend my remarks in the RECORD and to include in that 1 only cane, com, potatoes, and truck. 3. My tractors are in use on adjoining plantations, where repeat extension a radio address I delivered the other evening. orders have been placed, and are universally and successfully used The SPEAKER. Is there objection? throughout this section. There was no objection. 4. I am equipped to demonstrate. repair, and supply all parts here in Thibodaux-less than 3 miles from the Terrebonne Farms, PERSONAL EXPLANATION Inc. Mr. RANDOLPH. Mr. Speaker, I was absent from the 5. My bid met every specification in detail and was $2.,928.90 less in aggregate than accepted bid. Chamber yesterday on roll call No. 68. Had I been present, WHERE, WHY, AND WHO GOT THE DIFFERENCE? I would have voted "yea." Also, I was absent on roll call For references, I respectfully submit any and all citizens of this No. 69. Had I been present, I would have voted "yea.', section whom you may contact. DISPLACEMENT OF LABOR BY llllACHINES Yours very truly, H. B. NAQUIN. Mr. COCHRAN. Mr. Speaker. I ask unanimous consent 1 EXTENSION OF REMARKS to proceed for minute. The SPEAKER. Is there objection? Mr. PI'ITENGER. Mr. Speaker, I ask unanimous consent There was no objection. to extend my remarks in connection with H. R. 4833, and to Mr. COCHRAN. Mr. Speaker, when the last revenue bill include a brief summary showing the territory affected by was pending I endeavored to have an amendment attached this bill. · which provided that the Treasury Department and other The SPEAKER. Is there objection? Government agencies should make an investigation to de There was no objection. termine to what extent machinery had displaced the worker. Mr. HAWKS. Mr. Speaker, I ask unanimous consent to I did not succeed in my effort at that time. When the extend my remarks in the REcoRD, and to include therein 2'. revenue bill reached the Senate the senior Senator from radio address delivered by my colleague [Mr. JoHNsl on Missouri [Mr. CLARK] offered my amendment. and it was H. R. 1735, known as the education bill. added to the bill, but the conferees eliminated the Clark The SPEAKER. Is there objection? amendment in conference. As I understand it, the conferees There was no objection. thought that such an amendment might be disturbing to INTERNATIONAL EXHIBITION OF POLAR EXPLORATION business. The SPEAKER laid before the House the following message On January 5 of this year I introduced a joint resolution, from the President of the United States, which was read and House Joint Resolution 65, reading as follows: referred to the Committee on Foreign Affairs: Resolved, etc., That the Secretary of the. Treasury is authorized and directed to conduct an investigation of the desirability and To the Congress ot the United states ot America: practicabllity of th.e imposition of a tax on the use of labor-saving I commend to the favorable consideration of the Congress and labor-displa.c1ng machinery and to report the conclusion of his investigation, together with any relevant and useful data ob the enclosed report from the Secretary of State to the end tained in connection therewith, to the Congress at the beginning that legislation may be enacted authorizing and requesting of the second session of the Seventy-sixth Congress. the President to accept the invitation of the Government of In connection with such investigation the Secretary of the Treasury is authorized and directed to call on any other depart Norway to the Government of the United States to partici ment, bureau, or agency of the Goverrunent for any iniormation pate in an International Exhibition of Polar Exploration, 1n their possession which may be pertinent to such investigation which will be held at Bergen, Norway. in 1940. and authoriz and the heads of such departments, bureaus, or agencies are ing an appropriation of the sum of $35,500. or so much hereby authorized and directed to furnish such information to the thereof as may be necessary, for the expenses incident to Secretary of the Treasury. such participation. Why did I ask that this investigation be made by the Sec FRANKLIN D. RooSEVELT. retary of the Treasury? I am frank to say it was because THE WmTE HoUSE, May 11, 1939. the thought was in my mind that some day we are going to be required to seriously consider the advisability of taxing THOlllAS E. DEWEY labor-saving and labor-displacing machinery, if no other Mr. GROSS. Mr. Speaker, I ask unanimous consent to way can be found to take care of the manpower that su:fier proceed for 1 minute. the loss of their jobs as a result of invention. The SPEAKER. Is there objection? It is true that such an investigation might worry business, There was no objection. but it is also true that millions of our citizens are already Mr. GROSS. Mr. Speaker, I rise to read a portion of a worried as a result of the installation of labor-saving and letter I received from Roundup, Mont.: labor-displacing devices. Out here we see a lot in the papers about Attorney Dewey and To my mind this is a most serious matter. I am going to his accomplishments and nothing against him. Personally I think call to your attention an editorial in the St. Louis Post-Dis any good Republican from Pennsylvania, New York, or Ohio will patch of Sunday, May 7, which will certainly convince you carry Montana in 1940. I have no facts to back up my statement; all I have to go by is conversations with the general run of our that it is an important matter.- The editorial follows: population in this town. I remember in 1931 I wondered what was ErGHTY-P1VE THOUSAND JOBS ELIMINATED wrong with my capacity to think straight, and in 1935 I honestly A machine Installed in a steel plant a.t Pittsburgh. Pa..• is some thought I was on the way to the bughouse. But the New Deal is thing to talk about. With a crew of six men it turned out 446 on the way out, even With the common laborer. tons of tin plate in an 8-hour day. Before this machine was in vented, a crew of five men on the old-style hand mills turned out Mr. Speaker, I ask unanimous consent to extend my re 10 tons of tin plate in 8 hou:rs. marks in the RECORD and to include therein a speech by a From 10 tons to 446 tons is surely stepping along, isn't it? or businessman from my own city on the subject of industry. course, the new machines are expensive. They cost $10.000,000 apiece. Twenty-six of them are now operating. The research The SPEAKER. Is there objection? department reports: "They have eliminated 85,000 jobs:• There was no objection. The research department chooses its words: The elimination o! 85.000 jobs rea-ds rather better, say, than "85,000 men out of EXTENSION OF REMARKS work." But that is wha.t it means. Mr. RAYBURN. Mr. Speaker. at the request of the gentle What of the 85,000 men whose jobs are gone--swallowed up tn the maw of a machine? There is a smug school of philosophy man from New York £Mr. GAVAGAN) I ask unanimous consent that looks upon a development of this sort with reassuring com to extend my remarks in the RECORD by printing his state placency. Like Voltaire's exasperating idiot, "It is all for the best ment on H. R. 5643. in this best of all possible worlds." Technology is no ruthless deity. It is a kind, charming god. For every job it eliminates, it The SPEAKER. Is there objection? creates another. So don't worry. There is no occasion for uneasi There was no objection. ness at all. That i& what they say. lt is not true. 1939 CONGRESSIONAL .RECORD-HOUSE 5457 Technology is a. pleasing word. It has a. ripple of euphony. It compelling and express deepest regret that they cannot 1s impersonal. It serves, perhaps, a.s the mask for the machine, the monstrous !ago of the economic tragedy. u;ndertake to pay at payment date. What's to be done with the villain? Sorry, but we don't know. But the fact is that something must be done about these debts. They hang like a pall over the restoration of world Just think of it, 85,000 individuals separated from their prosperity. . They constitute the reason for the Johnson Act jobs due to the installation of 26 machines. 'Illis statement of 1936 which prohibits the sale and purchase of the securi in reference to the 85,000 men who were required to do the ties of the war-debt countries by citizens of the United work of the machines is not mine, but, as you will see by the States. But failure to adjust the war debts goes deeper editorial, it comes from the research department of the steel than that. If we subscribe to the theory tbat these mter plant in Pennsylvania. governmental debts need not be paid unless the debtor na It matters not to me how the information relative to the . tions feel disposed to pay them, we may as well abandon all machines is secured, whether through the Treasury Depart hope that there will ever be a resumption of the free flow ment or any other Government agency, but I certainly feel of capital and commodities between the United States and that some Government Department should do the job. The the debtor nations. W. P. A. has made some little investigation in regard to this The war debts are growing cold and every creditor knows matter·, but it simply scratched the surface. Would it not be what a task it is to collect a cold and almost forgotten debt. an excellent project for the W. P. A. workers to make an We have made little effort to collect these debts. Our collec investigation of this character under the jurisdiction of com tion morale was low as a result of the depression. Perhaps petent Government officials? the depression is also responsible for the low-payment morale We have many outstanding problems confronting us, but of the debtors. to my mind no greater problem than the one that is going to At best, we shout to the housetops that they ought to pay require someone to provide for those who lose their employ since these debtor nations are spending so much on arma ment when the machine is installed. ments. It is no argument. Huge armament outlays are made I sincerely hope that the members of the Ways and Means by the debtor nations out of credits to their own people. But Committee will give serious thought to my resolution, and no international credits exist in sufficient quantities to meet that it will either be reported to the House or included in the their obligations on war debts. revenue bill which it will be necessary for them to consider There is a reason. They have no gold with which to pay. before the end of the present fiscal year. Secondly, the staggering unemployment in our own country [Here the gavel fell.] prevents us from accepting manufactured goods, raw mate WAR DEBTS rials, and foreign-grown farm commodities whereby credits Mr. DIRKSEN. Mr. Speaker, I ask unanimous consent to might be created to apply to the payment of the war debts. proceed for 1 minute. We are at an impasse. The SPEAKER. Is there objection? In ail the correspondence between our own country and the There was no objection. debtor nations, about the time a payment is due, there is not Mr. DIRKSEN. Mr. Speaker, today I am introducing a bill the slightest hint that these nations do not want to pay. for the creation of a commission known as the War Debt They simply remind us over and over of the reasons advanced Payment Commission, empowered with broad authority to in 1932 why they cannot pay. If the war debts are to be reexamine the debt structure and explore suggested methods adjusted, if this barrier to international trade is to be re of ~a yment. moved, if our own national debt is to be reduced by applica I ask unanimous consent to revise and extend my remarks. tion of funds which others owe us, and if the annual interest The SPEAKER. Is there objection? burden of the taxpayers of our country is to be lightened, we Mr. RANKIN. Mr. Speaker, reserving the right to object, must stop shouting in the dark and seek to devise a method has somebody offered to pay their debt? whereby the debtor nations might pay. There is the crux of Mr. DIRKSEN. Not that I know of. the war-debt situation. The SPEAKER. Is there objection? Today I have introduced a bill for the creation of a com There was no objection. mission to be known as the War Debt Payment Commission, Mr. DL~KSEN. Mr. Speaker, it is a most singular thing empowered with broad authority to reexamine the debt struc that people are today so debt conscious and tax conscious but ture and to explore suggested methods for payment. not war-debt conscious. Yet 12 European countries, some of The commission shall consist of five Members of the Senate, whom are moving from crisis to crisis, owe us more than $11,- five Members of the House, and three persons from the execu 000,000,000, not including interest. This is nearly 30 percent tive branch of the Government. This commission shall deal of our present national debt. If paid and applied to our own with the war-debt problem without regard to such questions as debt, it would relieve the American taxpayer of about $250,- reparations, and shall deal with each debtor nation individ 000,000 per year in interest. Oddly enough, this matter of ually. It shall have no authority to conclude any agreements war debts has received only the most casual attention. with any debtor country, but must report its findings and This debt represents money which the citizens of the recommendations to Congress for action. United States loaned to foreign countries to prosecute the In the bill there are some suggested methods for study World War, it represents advances made for relief after the and examination such as the possibility of conveying to the war, and amounts for the sale of surplus war materials after United States territory in this hemisphere now owned by the American Expeditiona,ry Forces came home. the debtor nations. There is also suggested the idea of ap In 1922, the World War Debt Funding Commission, funded plying the expenditures made by tourists to debtor countries these debts, agreed to a low rate of interest, and amortized for steamship fares, meals, lodging, and incidental expem:es them over a period of 62 years. The Treasury Department upon the war debts by means of the issuance of certificates now holds the securities of these foreign governments. by the debtor countries which shall be turned· over to the Until 1932, the debtor nations made payment. On the Treasury of ·the United States and then redeemed in the 20th of June 1931, President Hoover suggested a 1-year currency of the debtor nation. Also suggested is the possi moratorium on debt payments subject to the approval of bility of applying immigrant remittances to the war debts Congress. That moratorium became effective July 1, 1931, and have the debtor nations assume these remittances to the and continued until June 30, 1932. After the expiration of per~ ons for whom intended. These methods are meant to the moratorium, the debtor countries with the exception of establish credits so that the means of payment is available Finland, advised us that there were reasons why they could to the. debtor nations. not resume payment. In December each year since that This war-debt problem is essentially one for the Congress time we received short, polite notes from each debtor stating to solve. Congress provides the revenues and appropriates that the reasons advanced for nonpayment in 1932 are still them for governmental purposes. Congress appropriates for 5458 CONGRESSIONAL RECORD-HOUSE . MAY 11 the interest on the national debt. Congress is constitutionally sufficiently useful to give~ at least some measure of relief the keeper of the Nation's purse. An adjustment of the war to the men and women of this country engaged in the debts would mean an increase in our revenues and a diminu production of goods for interstate commerce. I am sure tion in the appropriations. Indirectly, it would mean more that we all knew then that the act was not perfect, but revenues in the form of a freer and more abundant flow of it was surely a step in the right direction. In coming to you international trade. I hope that this resolution may receive with these suggested amendments we feel we are keeping considerntion at this session of the Congress and that a faith with you and the public in attempting to improve the war-debt payment commission, dealing principally with find act in the interest of all concerned. ing a method of payment, might become operative without Many people have asked why we decided to amend an act delay. that had only been in effect 6 months. Our answer was that The SPEAKER. Under special order of the House hereto we wanted to make that act as just and fair as we possibiy fore entered, the gentlewoman from New Jersey [Mrs. NoR could make it. We wanted it to be respected and approved TON] is recognized for 20 minutes. [Applause.] by the people throughout this country. In other words, we AMENDMENT TO WAGE AND HOUR LAW wanted to be perfectly fair, not only to employees but to Mrs. NORTON. Mr. Speaker, I am grateful for this time employers as well. That is the reason we are bringing. .these this morning in order to explain a few of the misstatements amendments to you for consideration. that have been made about the bill H. R. 5435. I would like Six months of operation of the Fair Labor Standards Act to ask the membership to bear with me until I have con under the very able direction of Elmer Andrews have demon cluded my statement, and I shall then be very glad to answer strated the necessity for the amendments. Again I feel that any questions that may be in the mind of any Member I am speaking not alone for myself when I say that hls present. administration of the law has been all we had hoped it could On next Monday, May 15, as directed by the Committee be. He has been just, reasonable, and efficient, and has on Labor, I shall ask the Speaker to suspepd the rules to con conscientiously tried to live up to the intent of Congress in sider H. R. 5435, and in so doing I ask the cooperation of directing this legislation. the membership of the House in order that we may amend Now, let me give you an explanation of the provisions of the Fair Labor Standards Act of 1938. Your committee de the amendments we are proposing in H. R. 5435: cided to amend this act because of certain inequalities in it First. In the administration of the law the Administrator which had been brought to our attention by Members of has found that its rigid application to Puerto Rico and the Congress and other interested parties. On considering these Virgin Islands has created hardship. It is factually true that amendments we called Mr. Andrews, Administrator of the working conditions in those territories are vastly different- Wage and Hour Division, to give us the benefit of his ex are governed by climatic conditions, living conditions, and perience during the past 6 months in administering the law. general economic factors at distinct variance with those in We found him to be most helpful in supplying information continental United States. It is impossible to prescribe rigid and in accordance with the direction of Congress he sug standards for working conditions in the Territories such as gested certain amendments which would solve a few of the are suitable for continental United States. This problem difficult problems which have arisen during his administration has been one of the most distressing to the Administrator. of the act. One of these problems he considered of such im The Labor Committee has, therefore, brought before you an portance that he addressed a cvmmunication to the Vice amendment to relieve this situation. We are advocating the President and Speaker of the House, a copy of which I had appointment of industry committees for each industry in included in the RECORD of April 20, 1939. This dealt with Puerto Rico and the Virgin Islands to determine the mini the necessity for clarification of, or redefinition of agricul mum wages to be paid. This minimum may be-and in tural exemptions contained in the Fair Labor Standards Act. practical effect no doubt will be in many instances--less than In writing these amendments your committee has tried to that prescribed in section 6 of the act. However, such wage give relief to what, in our opinion, constituted hardship cases rate cannot be prescribed without taking into consideration without in any way weakening the act or denying its bene certain standards set forth in the amendment. We could fits to that great army of underfed and exploited workers not and do not suggest the offering to the Territories of any engaged in the production of goods for interstate commerce. competitive advantage, but rather hope to equalize, by this We had evidence brought to the committee which indicated amendment, any now existing inequalities. that hardship had been caused by the application of some Second. One of the hardest problems to beset the Admin provisions of the law. We realized that it would not be an istrator was that of defining "area of production." As you easy task to amend the law to protect these people who gentlemen all know, I am sure, we used that phrase as a were entitled to protection and at the same time preserve the basis for the exemption of workers engaged in the produc intent of the law. tion of agricultural products. It defies fair definition and Following many meetings with the Administrator and his has created many unfair as well as ridiculous situations. efficient staff it is the well-considered judgment of your com The Labor Committee has decided, therefore, to eliminate mittee that we should, insofar as we are able, bring relief entirely the use of the phrase "area of production" and, in where evidence has demonstrated that it is absolutely neces stead, list specifically the branches of agriculture and the sary. work to be performed therein which will be subject to the Of course, it has been impossible to meet the demands of exemptions from the hours provisions, the wage provision, many selfish interests throughout the country whose able or both. By so stating the exemptions we feel that no em lobbyists have given us many headaches. :tHoyer or employee can be uncertain of his participation or Most of you gentlemen of the House are familiar with the nonparticipation under the act. By referring to section 3 difficulties experienced in writing into law the now famous of H. R. 5435 you will find the operations which we have Fair Labor Standards Act of 1938. A large part of the totally exempted from the hours provisions of the act for present membership of the House contributed to the enact 14 weeks in a year and have exempted from the hours pro ment of this legislation and I know you who were here well visions up to 60 hours a week for all other weeks. remember the debate on the floor in December 1937 and again You will remember that in the original act we had limited in May 1938, and the final adoption of the legislation in that to 12 hours a day and 56 hours a week. We had many June 1938. During all of the debate on the floor, the complaints from farmers around the country, who said that House Labor Committee made every effort to meet the needs in some instances perhaps 3 days a week might be wet, or of all sections of the country and its territories and to something else might happen where it would be impossible furthermore enact into law a bill which would better the to work employees during the whole week. Therefore if we working conditions of hundreds of thousands of exploited per could make it a 60-hour week exemption they could use the sons. We, and I hope I speak for the majority of the Mem time as they saw fit. The committee was very glad to accept bers of the House, felt that what we had accomplished was that proposal 1939 .CONGRESSIONAL RECORD-HOUSE 5459 Surely this exemption must eliminate any hardship created flexible hours. Their inclusion has created some hard by the act in taking care of seasonal or perishable agricul problems for the Administrator and caused real hardship in tural products. The committee feels it has granted exemp many cases. Of course you gentlemen realize there is noth tions where and when they are necessary and we are satis ing in this act which limits the application of this exemp fied that justice is being done to both the employer and tion to clerical or so-called "white collar" workers. If a ditch employee. -To insure the practicality of our proposed leg digger received $200 a month he would be similarly exempt islation, we have extended to employees engaged in the under this provision. handling, tying, drying, stripping, grading, redrying, fer In section 5 (b) your committee has, we believe, taken menting, stemming, or packing of leaf tobacco and the care of the employees in small telephone exchanges. storing of it from both the wage and hour provisions of May I say that at least 50 percent of the membership of the act. This we have done at the insistence of the industry this House has come to me asking for this exemption. Evi and its employees. We, of course, do not wish to deny the dently it has been creating a great deal of trouble and, per benefits of the act to anyone, but in some cases it has seemed haps, hardship. So we are glad to bring this amendment to only practical and just to do so. We have also extended this you. exemption to employees employed in the preparing, packing, The application of the law to them in many instances has cleaning, or grading of, fresh fruits and fresh vegetables in really tended to increase unemployment and curtail chances their raw or natural state when such operations are per for employment. Small telephone companies on the whole formed immediately off the farm. are financially unable to comply with the wage and hour The farmer, as you know, is exempt now under the pro provisions of the act. The committee belleves that by ex visions of the act. This extends the exemption to employ empting switchboard operators in exchanges having 500 or ees who are still purely agricultural but whose work is per less stations it will help materially toward solving their formed just off the farm. The committee in this provision present problem. intends to exempt from both wages and hours only such em In the original bill I may say the exemption was set at ployees as were employed in the cleaning, packing, grading, 350, but later we changed that to 500. We think this has or preparing of fresh fruits and vegetables in their raw ·or really taken care of all of the hardship cases. natural state when such operations are performed in the In section 6 we have exempted employees employed under immediate locality of the farm where produced. It was only the jurisdiction of part 1 of the Railway Labor Act. This intended to take care of the small fresh fruit and vegetable affords a similar exemption to employees of refrigerating packing operation often carried on by a few farmers for the cars, and so forth, as is now extended to all other branches purpose of packing their own products. We have also ex of the railroad industry under the present act. tended this exemption to all employees engaged in the gin In section 7 the committee deals with two very difficult ning of cotton. problems--messenger boys and home work in rural areas. Third. Another factor which has caused considerable con Your committee does not wish to deny the benefits of the fusion among both employers and employees is the fact that act to messengers. However, anyone at all familiar with the the Administrator lacks the power to make valid rules and telegraph companies knows that they will not be able to pay regulations. I believe it is a tribute to the. conscientiousness the highest minimum-40 cents-without great hardship and and willingness to cooperate of the American employer to perhaps even financial ruin. We are, therefore, offering an realize that almost 90 percent of the employers of this coun amendment which would give the Administrator the power try are living up to the provisions of the law. There are, as to prescribe wages lower than those set forth in section 6 of you gentlemen know, many cases in which employees and the act if certain standards can be met. However, in no employers are not sure of their coverage by the act. All the case has the Administrator the power to lower the wage Administrator can do when questioned by interested parties below 25 cents an hour. is to issue an interpretative bulletin. This is not binding The difficulty of compliance with the law by home workers under the law nor does compliance with it protect an individ in rural areas is, I believe, familiar to most of you. ual legally. In order to correct this situation we are proposing A few Members of the House came before us and gave us in section 4 of H. R. 5435 to authorize the Administrator to much evidence in connection with this amendment. We make rules and regulations to carry out any of the provi feel that we _are justified in giving relief to those people and sions of the act. This section will also give him the right to that this relief is necessary. This type of work bears no define terms used in the act and make special provisions with resemblance to industrial home work in cities, and its elim respect to industrial homework. ination often means the difference between butter on his As the act is now written it is extremely doubtful whether bread or plain bread to many a farmer. So we propose to the wage and hour standards which it establishes can be en give the Administrator power to prescribe wages lower than forced as to industrial home workers. Under present prac the minimum set forth in the act. tice in industrial home work industries, the Administrator is Section 8 is intended to protect the innocent purchaser of unable to secure proper records on wages and hours of home workers. Business concerns relying on home work for their so-called "hot goods" if he can show that at the time he labor do not ordinarily deal directly with the home workers, purchased the goods he had no knowledge or reason to be but turn over the goods or articles on which the work is to lieve that they had been produced in violation of wage and be done to contractors who employ the home workers. Sec hour provisions: This amendment would avoid hardship to tion 4 of the amendments would give the Administrator the innocent purchasers and promote the free movement of necessary authority to cope with this situation. goods. We believe that this section on the whole will quiet much The SPEAKER. The time of the gentlewoman from New of the unrest which has grown up as the result of the lack Jersey has expired. of definiteness of the act when applied to an individual Mrs. NORTON. Mr. Speaker, I ask unanimous consent to business. This change has been approved by the Admin proceed for 5 additional minutes. istrator as most necessary for effective administration of the The SPEAKER. Is there objection? law. , Mr. AUGUST H. ANDRESEN. Mr. Speaker, reserving the Fourth. In section 5 (a) of the proposed amendments your right to object, and I do not intend to object, the gentle committee contemplates the exemption of employees em woman from New Jersey said at the beginning of her re ployed at a guaranteed monthly salary of $200 a month or marks that she would give us an opportunity to ask certain more. The necessity for this exemption has arisen because questions relative to the bill. The gentlewoman is making under the present act only employees engaged in executive a very fine statement, and I hope that arrangements can be or administrative or professional capacities are exempt by made to give her at least 15 minutes. I ask unanimous virtue of their positions. It has been found that there are consent that her time be extended 15 minutes. many persons whose work is not clearly administrative or The SPEAKER. Does the gentlewoman from New Jersey; .executive but who are high-salaried workers with necessarilY, request such extension of time?. 5460 .CONGRESSIONAL ;RECORD-HOUSE MAY 11 Mrs. NORTON. I would be very glad to have the extension to a packer or canner. That is what is meant by "terminal of time, Mr. Speaker. establishment." The SPEAKER. Is there objection to the request of the Mr. AUGUST H. ANDRESEN. I recognize that, but that gentleman from Minnesota [Mr. AuGusT H. ANDRESEN]? is not very clear to me. Maybe I am dense, but I would like There was no objection. to get it clear. Reference is made to "urban area." Web Mrs. NORTON. Section 9 of the committee amendments, ster's Dictionary defines "urban" as meaning something per which amends section 15 (a) (2) of the act, is a technical taining to a city. Did the committee consider what size amendment which is necessary if section 4 is adopted, so that community would take an industry into an urban area? the violation of appropriate regulations will be prohibited. Mrs. NORTON. No; I do not think the committee did. In addition there is a prohibition against violations of the We interpreted "urban area" in the broad sense as meaning provisions of any wage order issued by the Administrator the surrounding country whose population was around 2,500, pursuant to section 8. This latter prohibition clarifies the or thereabouts, although we did not mention any figure. act as now written. Mr. AUGUST H. ANDRESEN. Part of an urban area? Section 10 proposed to give to learners, apprentices, handi Mrs. NORTON. Yes. capped workers, messengers, and home workers the same Mr. AUGUST H. ANDRESEN. That certainly is contrary right to sue for unpaid minimum wages and unpaid overtime to all definitions. In 1910 the Bureau of the Census defined compensation which the act now accords all other employees as urban communities all communities having a population covered by the act. of 2,500 or over. Those having under 2,500 would be classed Section 11 of the committee amendment would amend as rural areas. section 17 of the act to provide that civil actions to restrain Mrs. NORTON. I think I made a mistake. I should have violations of the act may be brought in any district where the said that an urban area was an area with a population of defendant is found, or is inhabited or transacts business. 2,500 or over. I am afraid my mind was still on a farm when By thus allowing suits against corporations where they are I answered your question. doing business, the amendment will save both defendants Mr. AUGUST H. ANDRESEN. Then, we would assume and the Government the expense of bringing witnesses many that the committee means that when the phrase "terminal miles from the place of business to the State of incorporation establishment" is used it does not take in any communities of the business. having a population of less than 2,500 individuals. Section 12 of the committee amendment prohibits the Mrs. NORTON. My personal opinion is that is what the transportation of prison-made goods in interstate commerce committee intended. except the transporting of goods from a Federal prison for Mr. AUGUST H. ANDRESEN. If the gentlewoman can the use of the Federal Government. This provision is in line make that quite definite it would be very helpful. with but goes beyond the Ashurst-Sumners Act. [Applause.] Mrs. NORTON. I cannot make it more definite than the Summing up, Mr. Speaker, I may say that your committee definition given in the bill. considered these amendments for at least 5 or 6 weeks. Vle Mr. AUGUST H. ANDRESEN. Would the gentlewoman received communications from all interested parties. They also tell us in connection with the same definition what is were brought to the attention of the committee, and we meant by "transportation terminal" or "transportation really tried to do a good job. We could not, of course, grant center"? amendments to all of those who came seeking them, for we Mrs. NORTON. As we understood "transportation ter were confronted with exactly the same situation that con minal," it meant a terminal where goods were concentrated fronted us when the original bill was before the House for for the wholesale market. action. Many selfish interests came to us, people who would Mr. WADSWORTH. The phrase "transportation termi like not only to have the bill amended but to have the bill nal" is not used in the act. It is referred to in the act as killed; and your committee had a very difficult task in try "transportation center." ing to decide what was fair and just; and may I say that we Mr. AUGUST H. ANDRESEN. The phrase used in the act did everything in our power to bring before you only such is "transportation center." amendments. We want this bill to have the endorsement One further question-and I hope that we can get this all of the American public. We want this bill to do the thing cleared up on Monday; we should have everything clear about we intended it to do, protect the workers of this country. the bill-just what is meant by the phrase "off the farm"? The primary reason for having this law is to protect the Mrs. NORTON. That was an amendment offered by Mr. exploited workers in this country; and this, Mr. Speaker, THoMAs of Texas, and I think he would be glad to explain just your committee has tried to do. what it means. I can tell the gentleman what I think it Mr. AUGUST H. ANDRESEN. Mr. Speaker, will the gen means. tlewoman yield? Mr. AUGUST H. ANDRESEN. We would like to know from Mrs. NORTON. I shall be glad to yield to the gentleman. the chairman; she is the authority. Mr. AUGUST H. ANDRESEN. I commend the committee Mrs. NORTON. This provision, as I understand it, is to for removing the disturbing "area of production" provision. allow groups of farmers-John Jones, Bill Smith, Sam Brown, The committee, however, has substituted another phase and maybe others-to get together to perform certain opera which I believe should have some clear elucidation so that tions on the farm, operations which are enumerated in the bill, the Members may form some idea as to what is intended, to prepare the produce for market. It might sometimes hap and that is the phrase "terminal establishment." It seems pen that John Jones would not have the facilities to do these to me that unless the phrase "terminal establishment" is things by himself, but with other farmers they could form a clearly defined, it might leave us in the same situation we sort of cooperative organization, and we considered it impor find ourselves with existing law in reference to "area of pro tant to permit them to get together to perform these various duction." . For instance, in defining "terminal establishment" operations. May I say, however, that I have never lived on reference is made to urban areas. Just how does the com a farm, so all of these operations on a farm are very difficult mittee define an urban area? for me to understand. All my life has been spent in the city. Mrs. NORTON. I believe the committee intended the I am not familiar with farming operations. I shall be more phrase "terminal establishment," on page 13 of the bill, to familiar with them, I hope, before we get through with this mean an establishment which met each of the three require bill. ments set forth in the sentence in which the phrase "ter Mr. AUGUST H. ANDRESEN. We shall be very glad to minal establishment" is defined. Further, the words "estab help the gentlewoman in that respect. lishments at which such goods have been previously Mrs. NORTON. I shall need all the help I can get. It was concentrated or prepared" does not include that concen our idea in presenting this amendment relating to "off the trating or preparing of fresh fruits and vegetables which farm" to allow these farmers in small groups to cooperate in ordinarily takes place on the farm before they are delivered· the matter of preparing fruits, vegetables, and so forth, for 1939 CONGRESSIONAL RECORD-HOUSE 546f market. It is the committe€'s understanding, however, that Mr. ROBERTSON. Will the gentleman yield? it does not extend beyond the first processing, let us say, for Mr. WADSWORTH. I yield to the gentleman. ·lack of a better word, of the produce for the market. Mr. ROBERTSON. Under the act, as has been pointed ; Mr. AUGUST H. ANDRESEN. If the farmers live within out; that can be done, anyway. a radius of 60 miles of one another, that area might be con Mr. WADSWORTH. Those great plants, which no farmer : sidered off the farm? has ever considered to be farm operation plants, but, rather, Mrs. NORTON. I would not go as far as to say that. We great industrial establishments in the cities of Chicago and did not attempt to put the suggestion of any mileage or any Kansas City, employing thousands and thousands of men •. distance into the bill. After all, the Administrator will have most of them with union affiliations, typical industrial plants, ; to determine that. under this bill may run 60 hours a week the year round, and . Mr. AUGUST H. ANDRESEN. That is what I was get for 14 weeks there need be no limitation whatsoever as to hours. I ting at. That leaves it to his discretion to make the deter I am not pleading for or against that particular thing. But ,
mination. I want to know why the fresh fruits and vegetable industry, 1 Mrs. NORTON. Yes. We feel it will be perfectly safe in close to the farm itself, handled in little country villages, 1 his hands. seasonal plants that run only on an average of 4 or 5 months Mr. AUGUST H. ANDRESEN. I hope so. out of 12 months in the year, are supposedly placed under a , Mr. ROBERTSON. Will the gentlewoman yield? restriction, whereas the great packing industry is left free? Mrs. NORTON. I yield to the gentleman from Virginia. Mrs. NORTON. Is not the difference there that the fresh Mr. ROBERTSON. I listened with a great deal of inter- fruits and vegetable industry is proposed to be exempted from · est to the gentlewoman's explanation of the liberalized pro the wage and hour provisions, while the other people are · visions for the tobacco workers and I fully approve of what not exempted from wages? · the committee proposes to do; but, frankly, what disturbs [Here the gavel fell.J , me is to learn by what physiological, social, economic, or Mr. ROBERTSON. Mr. Speaker, I ask unanimous consent 1 political theory the committee arrived at the conclusion that that the time of the gentlewoman from New Jersey may be : the toba.cco worker, considering that the tobacco industry extended for 10 minutes. has been nearer parity than any other major farm product, The SPEAKER pro tempore. Is there objection to the i and the tobacco industry has not suffered during the de request of the gentleman from Virginia [Mr. ROBERTSON]? 1 pression like many other industries, should receive more lib There was no objection. ' eralized treatment than those engaged in preparing for mar Mr. ROBERTSON. Will the gentlewoman yield? 1 ket fresh fruits or vegetables in their raw or natural state? Mrs. NORTON. I yield to the gentleman from Vjrginia. j Mrs. NORTON. I do not believe we gave them that. We Mr. ROBERTSON. Following the suggestion made by the I were told the tobacco people we exempted were people who gentleman fro~ New York, I wish to call attention to the 1 worked by their hands in small communities; they did not fact that in section 8, to which he has just referred, it puts 1 have the machines that were necessary or that they have in no terminal limitation upon the packing houses, your hogs, 1 larger places, and we gave this exemption because we felt or your cattle. Section 9 puts poultry under the terminal ~ we were helping that small group of people who do all those facilities. operations by hand. Mr. HAWKS. Will the gentlewoman yield? Mr. ROBERTSON. That is the assurance I wanted, be cause to get that equal treatment that you say your commit Mrs. NORTON. I yield to the gentleman from Wisconsin. j Mr. HAWKS. The gentlewoman has been very patient in tee intended, the definition "off the farm" and the definition 1 of "terminal" will have to be most liberally construed or else her explanation, but I would like to emphasize some of the· the relief for this suffering fruit and vegetable industry will points that the gentlemen from Minnesota and New York ; not be brought about under the provisions of the act. have brought out and direct attention to questions I asked 1 Mrs. NORTON. It was the intention of the committee to yesterday relative to the terminal establishment in this urban, do just that. Our thought was that if we extended the area. The gentlewoman indicated she had lived in a city all . amendments too far they would take in what we might call of her life, consequently could not with any degree of con- : fidence discuss the agricultural features of this bill. I would · the whole~ale market, and that we certainly did not want to qo. If the gentleman knew the number of lobbyists who have like to suggest to the gentlewoman as a result of hearings that I been around the Capitol trying to get that class of labor were held before the Administrator, I think, on April 3 and 4, 1 exempted from the bill, he would understand the difficult he came out with a ruling on April 19 indicating he also had task we had. no understanding of the very same agricultural problems Mr. WADSWORTH. Will the gentlewoman yield? that you are trying to solve in this bill. Mrs. NORTON. I yield to the gentleman from New York. He defined a city with a population of 2,500 as being the Mr. WADSWORTH. The gentleman from Minnesota has maximum. In Wisconsin we have a lot of factories engaged called attention to that phrase which is found in the first in the canning of peas, corn, tomatoes, and so forth, in instance .on page 12, reading "but not when those operations towns with a population of 5,000, 6,000, 7,000, or 8,000. If are performed at a terminal establishment," and has asked a town with a population of 2,600 has a canning factory in the lady from New Jersey to define, if possible, with the aid of it, under the ruling and under the urban area interpretation a definition printed later on on page 13, what a terminal es which I know Mr. Andrews will give; that town will be tablishment is. We thereupon find that the definition needs penalized as against the operation of a factory in a town of defining again in several instances. I am not going to pursue 2,450 or 2,499. that question, however. The lady has made it plain, and the Mrs. NORTON. I do not believe so, if the work is done bill makes it plain that at least some restriction is intended purely and simply as agricultural work. to be placed upon the processing of fresh fruits and vege Mr. HAWKS. These are all agricultural works. tables. Mrs. NORTON. May I say that the understanding of the Mrs. NORTON. After they leave the farm, but not while committee is that we have taken care of all these people in they are on the farm. and around the farm. Our only desire to enforce this law Mr. WADSWORTH. May I ask why a similar restriction is after the product has left the first processing or preparing is not placed upon the great packing industry? operation, or whatever the word is. Mrs. NO~TON. It is. Mr. HAWKS. That is where they take it off the land.· Mr. WADSVV'ORTH. It is not. I beg the lady's pardon. Mrs. NORTON. Where they take it off the farm or when On page 12, line 11, among the exemptions without qualifica it gets to the large terminal establishment, which to my tion we read, "the handling, grading, loading, slaughtering, mind is sort of a wholesale establishment. or dressing livestock." If that does not exempt Armour and Mr. HAWKS. Could I describe to the gentlewom~n the 1 Swift, I cannot read the English language. ordinary operation? 5462 CONGRESSIONAL RECORD-HOUSE MAY 11 Mrs. NORTON. I would be pleased to hear it. I am Mr. BARDEN. Did he not define and describe -the amend really getting a liberal education in farming. ments and tell us what the extent of the operation would be? Mr. SHANNON. If the gentlewoman will yield, I should Mr. THOMAS of Texas. I believe that is so. like to ask the Chair and the gentlewoman if this cannot be Mr. BARDEN. Then does the gentleman believe that it confined to mere questions instead of speeches. Several would be improper for him to ask the Administrator for a speeches have been interjected into the gentlewoman's re definition of this term and have it available on Monday? marks, whereas many, many Members would like to ask Mr. THOMAS of Texas. No; I do not believe it would be questions. improper for my friend to ask him. I will be pleased to do Mrs. NORTON. May I say further to the gentleman that so, however, if the gentleman wishes me to. on Monday this bill will come before the House. The mi Mr. GREEN. If the gentlewoman will yield, does the nority leader has asked if there would be any objection to process the gentleman from Texas mentions of preparing the extending the debate 1 hour. There will not be any objection product for market include placing it in the can-for in to that. We Will then have all the members of the Committee stance, placing grapefruit in the can? on Labor present, and I believe they can satisfy the Members Mr. THOMAS of Texas. No; it does not include the · of the intent of the committee in writing these amendments, canning. which will go a long way toward working out the proper Mr. SHEPPARD. Mr. Speaker, if the gentlewoman from administration of the act. New Jersey will yield, I would like to ask the gentleman from Mr. SHANNON. Then I would suggest that the gentle Texas a question. The people of California have been vitally woman confine the remarks of the Members to whom she interested in what happens to this bill, as well as the inter yields to questions. pretation that has been put in operation by the Department under the previous act. I have prepared 10 questions which Mrs. NORTON. I would be very pleased to have the dis- I would like to ask the member of the committee, and if the cussion so confined. gentleman would rather have me ask him the questions on Mr. GREEN and Mr. SHEPPARD rose. Monday, I am perfectly willing to do that with the assurance Mrs. NORTON. I yield to the gentleman from Florida. of the gentlewoman in charge of the bill that I shall have Mr. GREEN. In our State we have fruit-packing houses. that opportunity. The fruit is hauled in by the farmer, and may be hauled 10 Mr. THOMAS of Texas. Submit the questions to us and · miles to the packing house. The fruit then passes to a ma I should be pleased to attempt to answer them, or I am chine, is graded as to size, and is then wrapped by hand and sure the chairman will do so. placed in a crate. I was wondering if these amendments Mr. SHEPPARD. I would like to say to the gentleman would exempt the employees of such a packing bouse? from Texas that I know of the splendid cooperation that the Mrs. NORTON. Does the gentleman mean if this opera members of the committee have given in this matter, and tion is immediately on or off the farm? my deliberate intention here is to place in the RECORD a Mr. GREEN. Yes. definite pronouncement by the committee as to what their Mrs. NORTON. Yes. My personal opinion is he would intent is so that we cannot have a jumping over the hurdles be exempt. like we had the last time. Mr. GREEN. The grower may haul the fruit 10 miles or 2 Mr. THOMAS of Texas. Of course, the committee can miles to the packing house, and there it is packed in the not bind the Administrator, but we will be glad to give the crate for him, and he pays for the packing. gentleman our opinion. Mrs. NORTON. Our understanding is that he would be Mr. SPARKMAN. Mr. Speaker, will the gentleman yield? exempt. I may say to the gentleman this amendment, "im Mr. THOMAS of Texas. I yield. mediately off the farm," is the amendment of my friend the Mr. SPARKMAN. Certainly it is not the intention of the gentleman from Texas [Mr. THOMAs]. Perhaps the gen person offering this amendment to include in the amendment tleman from Texas would like to explain to the House exactly containing the phrase "immediately off the farm" any inter what his definition is of his own amendment, which was pretation such as the Administrator read into the act before. placed in the bill, not at the suggestion of the Adminis Mr. THOMAS of Texas. I will say to the gentleman that trator, I can assure you, but at the suggestion of the gen the committee wrestled for about 6 weeks trying to get away tleman from Texas. I shall be pleased to yield to the from that old term "area of production,'' and I think the gentleman from Texas to make that explanation. committee certainly did not intend to have any semblance of Mr. THOMAS of Texas. If the gentlewoman will yield, I the idea of area of production again in connection with the will attempt to explain that language. The language "im phrase "immediately off the farm," and the distance would mediately off the farm," was used as a term descriptive of make no difference whatever. the work to be done and not of the area where the work is Mr. SPARKMAN. I am not talking about distance; I am to be done. The fresh fruits and vegetables grown py the talking about the number of employees. That was not car farmer must be washed and packed and prepared so they ried in the other bill; but because some Member in the argu- · are ready for market. It does not make any difference where ment on the :floor made the statement, that was used in that work is one; it may be a thousand miles from the farm. construing the intent of Congress. The purpose of my amendment is to relieve the farmer of this Mr. THOMAS of Texas. One man could have 'One em added cost for the work done, regardless of where it is done, ployee engaged in washing such products, while another in getting the product ready for the market. might have 10,000, and therefore numbers will not have any thing to do with it. Mr. BARDEN. Mr. Speaker, if the gentlewoman will Mr. SPARKMAN. The number was not intended to apply yield, may I ask the gentleman from Texas if he has been to the gentleman's amendment. able to get an interpretation from the legal department of Mr. BROWN of Georgia. Mr. Speaker, will the gentleman the Wage and Hour Division of the Labor Department that yield? is in line with the gentleman's definition? Mr. THOMAS of Texas. I yield. Mr. THOMAS of Texas. I may say to the gentleman from · Mr. BROWN of Georgia. I understand that the ginning . North Carolina that I have not asked the Administrator for and storing of cotton is exempted. an interpretation for the simple reason that I doubt if he Mr. THOMAS of Texas. Yes; from wages and hours. would give me one. However, I do not believe that, in all Mr. BROWN of Georgia. How about the little sawmill? fairness to him, I can presuppose that he is going to go I see you have here a provision about that, and I have one in contrary to the wish of a committee of the Congress. my district-- Mr. BARDEN. The Administrator has given us definitions Mr. THOMAS of Texas. I will say to the gentleman that Jn connection with every amendment he proposed. I have one, too. Mr. THOMAS of Texas. I presume so. [Here the gavel fell.] 1939 CONGRESSIONAL RECORD-HOUSE 5463 Mrs. NORTON. I thank you gentlemen, and I sincerely sary and appropriate to carry out any of the provisions of this hope you will come here on Monday prepared to vote for a act and further regulations and orders defining terms used suspension of the rules so that we may give the relief pro in the act. That means that he can at any time still further vided in our amendments to those whom we believe are narrow and restrict the word "immediately." The industry entitled to relief. would be confronted with constant uncertainty and possible Mr. ROBERTSON. Mr. Speaker, my colleague the gentle and probable char..ges. Under existing section 13 (a) (10), all man from New York [Mr. MARcANTONIO] is to be recognized the Administrator had to do was to define "area of produc- · next, and if the gentleman from New York will be kind tion," which he thought was an impossible task. He now has enough to yield, I wish to submit a unanimous-consent re handed back to him the duty and power of defining "imme quest to proceed for just 1 minute. diately off the farm,'' which, in my judgment, is infinitely Mr. MARCANTONIO. I have no objection, Mr. Speaker. more vague and uncertain than the words "area of produc The SPEAKER pro tempore