1796 CONGRESSIONAL RECORD-HOUSE. 1\IAY 26.,
Passed assistant paymasters with, ranlc of lieutenant. SECO~D DEFICIENCY APPROPRIATION BILL. David P. Polatty. The SPEAKER. When the House adjourned Ja t evening E
NAY8-157. The question being taken, the Speaker announced that the Almon Fitzgeraid Lampert Sanders, Tex. ayes appeared to have it. 1 Aswell Flood . Lanham Sandlin . Mr. BLANTON. Division, l\Ir. Speaker. \ Bankhead Focht Lankford Scott, Tenn. Mr. GARRETT of Tennessee. I ask for the yeas and nays. • Barbour Frear Larsen, Ga. Sears Barkley Free Larson, Minn. Shreve The yeas and nays were ordered. _ Beck Fulmer Layton Smithwick The questivn was taken ; and there were-yeas 244, nays 109, Bell Gahn Lee, Ga. Speaks not voting 77, as follows : Black Garner Little Steagall Bland, Ind. Garrett, Tenn. Logan Steenerson YEAS-244. Bland, va. Garrett, Tex. London Stephens Ackerman Evans Lampert Reece Blanton Gernerd Lowrey Stevenson Anderson Fairchild Langley Reed. N.Y. Bowling Gilbert Lyon Stoll Andrews Faust Larson, Minn. Rhodes Box Goodykoontz McClintic Strong, Kans. Ansorge Fenn Lawrence Ricketts· Brand Gorman· McDuffie Strong, Pa. Anthony Fish Leatherwood Riddick Briggs Green, Iowa McLaughlin, Micb.Summers, Wash. Appleby Fitzgerald Lee, N.Y. Roach Brooks, Pa. Griest Mansfield Sumners, Tex. Arentz Focht Lehlbach Robertson Bulwinlde Hammer Mead Swank Atkeson Fordney Lineberger Robsion Burdick Hardy, Colo. Montague Swing Bacharach Frear Little Rodenberg Burke Hayden Moore. Ohio Ten Eyck Barbour Free London Rogers Burtness Hicks Moore, Va. Thompson Beck Freeman Longworth Rose . Butler Hoch Nelson, A. P. Tillman Beedy French Luce Sanders, Ind. Cable Huddleston O'Brien Tyson Begg Frothingham Lufkin Schall · Campbell, Pa. Hudspeth Oldfield Vinson Bird Fuller Luhring Scott, Mich. Can trill Jacoway Overstreet Volstead Bixler Funk McArthur Shaw Carter James, Mich. Park, Ga. Walsh Blakeney Gahn McCormick Shreve Christopherson Jefferis Parks, Ark. Walters Bland, Ind. Gallivan McFadden Siegel Clague Johnson, 'Ky. Parrish Ward, N.C• . Boies Gernerd McLaughlin, Mich.Sinclair Collier Johnson, Miss. Patterson, N.J. Watson Bond Glynn McLaughlin, Nebr.Sinnott Collins Jones, Pa. Porter Weaver Bowers Good McLaughlin, Pa. Slemp Connally, Tex. Jones, Tex. Pou White, Kans. Brennan Goodykoontz Madden Smith Crisp Keller Quin Williams · Britten Gorman Magee Snell Curry Kendall Radcliffe Williamson Brooks, Ill. Graham, Ill. Maloney Speaks Darrow Ketcham Ramseyer Wilson Brooks, Pa. Green, Iowa Mann Sproul Davis, Tenn. Kincheloe Rankin Wingo Brown, Tenn. Greene, Mass. Mapes Steenerson Deal Kirkpatrick Rayburn Wise Burdick Greene, Vt. Mason Stephens Denison Kleczka Reber Woods, Va. Burke Gt·iest Merritt Strong, Kans. Dominick Knight Reece Wright Burroughs Griffin Michaelson Strong, Pa. Dowell Knutson Ricketts Burtness Badley Michener Summers, Wash. Drane Kraus Rose Burton Hardy, Colo. Miller Swing Edmonds Kunz Rouse Butler Haugen Mills Taylor, N. J. · ANSWERED " PRESENT "-1. Campbell, Kans. Hawes Millspaugh Taylor, Tenn. Campbell, Pa. Hawley Mondell 'l'emple Cockran Cannon Bays Montoya Thompson NOT VOTING-78. Carew Herrick Moore, Ill. Tilson Brinson J.i'ess Kitchin ·Rucker Chalmers Hersey Moore, Ohio Timberlake Browne, Wis. Fields McCormick Ryan Chandler, N. Y. Hickey Moores, Ind. Tincher Buchanan Fordney McKenzie Sa bath Chandler, Okla.' Hicks Morgan Tinkham Clark, Fla. Foster McPherson Sanders, N. Y. Chindblom Hill Mott Towner Clarke, N. Y. Gensman McSwain Shelton Christopherson Himes Mudd Treadway Clouse Glynn MacGregor Sisson Clague Hoch Nelson, A. P. Underhill Codd Goldsborough Morin Slemp Classon Houghton Nelson, J. M. Vaile Cole Gould Murphy Stafford Colton Bull Newton, Minn. Yare Cooper, Ohio Graham, Pa. Nolan Stiness Connolly, Pa. Ireland Newton, Mo. Vestal Coughlin Haugen Perkins Sullivan Cooper, Wis. Johnson, Wash. Norton Voigt Cramton Hogan Perlman Sweet Copley Jones, Pa. O'Brien Volstead Crowther Hukriede Peters Taylor, Colo. Coughlin Kalm Ogden Walsh Dale Husted Petersen Thomas Cullen Kelley, Mich. Olpp Walters Dallinger Hutchinson Rainey, Ala. Upshaw Curry Kendall Osborne 1Vatson Drewry James, Va. Rainey, Ill. Volk Dale Kiess Paige Webster Driver Johnson, 8. Dak. Reavis Wason Darrow King Parker, N.J. Wheeler Dunbar Kearns Reed, W.Va. Winslow Davis, Minn. Kinkaid Parker, N.Y. White, Me. Echols Kelly, Pa. Riddick Woodyard Dempsey Kirkpatrick Patterson, Mo. Williamson Ellis Kennedy Rosenbloom Denison Kissel Patterson, N.J. Winslow Fairfield Kindred Rossdale Dickinson Kleczka Porter Wood, Ind. Dowell Kline, N.Y. Pringey Woodruff So the amendment was agreed to. Dunn Kline, Pa. Purnell Wurzbach The Clerk announced the following pairs: Dyer Knight Radcliffe Wyant Edmonds Knutson Ramseyer. Yates On this vote : Elliott Kopp Ransley Young Mr. PERKINS (for) with Mr. DRIVER (against). Elston Kraus Reber Zihlnlan Until further notice: NAYS-109. l\lr. REAVIS with Mr. KITCHIN. Almon Favrot Lea, Calif. Sanders, Tex. Mr. KEARNS with Mr. SULLIVAN. A swell Fisher Lee, Ga. Sandlin Mr. McPHERSON with Mr. RucKER. Bankhead Flood Linthicum Sears 1\fr. ECHOLS with l\Ir. McSWAIN. Barkley Fulmer Logan Smithwick Bell Garner Lowrey Steagall Mr. WOODYARD with Mr. KINDRED. Black Garrett, Tenn. Lyon Stedman 1\Ir. GRAHAM of Pennsylvani-a with Mr. SrssoN. Bland, Va. Garrett. Tex. McClintic Stevenson Mr. CRAMTON with l\fr, SABATH. Blanton Gilbert McDuffie Stoll . Bowling Hammer Mansfield Sumners, Tex. Mr. FORDNEY with Mr. TAYLOR of Colorado. Box Hardy, Tex. Martin Swank Mr. SHELTON with Mr. CLARK of Florida. Brand Harrison Mead Tague Mr. JoHNSON of South Dakota with Mr. THOMAS. Briggs Hayden Montague Taylor, Colo. Bulwinkle Huddleston Moore, Va. TenEyck Mr. HUKRIEDE with Mr. FIELDS. Byrnes, S. C. Hudspeth O'Connor Tillman Mr. DALLINGER with Mr. BRINSON. Byrns, Tenn. Humphreys Oldfield 'l'yson Mr. CODD with Mr. BucHANAN. Cable Jacoway Oliver Upshaw Can trill James, Mich. Overstreet Vinson Mr. VoLrc with Mr. GoLDSBOROUGH. Carter Johnson, Ky. Padgett Ward, N.C. Mr. HUTCHINSON with l\Ir. UPSHAW. Collier Johnson, Miss. Park, Ga. Weaver Mr. WINSLOW with Mr. RAINEY of illinois. Collins Jones, Tex. Parks, Ark. Williams Mr. CLARKE of New York with Mr. DREWRY. Connally, Tex. Ketcham Parrish Wilson Crisp Kincheloe Pou Wingo Mr. CLousE with Mr. RAINEY of .Alabama. Davis, Tenn. Kunz Quin Wise l\fr. NOLAN with Mr. JAMEs of Virginia. Deal Lanham Raker Woods, Va. The result of the vote was· announced as above recorded. Dominick Lankford Rankin Wl'ight Dough ton Larsen, Ga .• Rayburn Mr. BLANTON. 1\fr. Speaker, with reference to the other five Drane Layton Riordan amendments, I ask unanimous consent that they be voted upon Dupre Lazaro Rouse en bloc. . NOT VOTING-77. The SPEAKER. The gentleman from Texas demanded a Benham Cockran Dallinger Fess separate vote on five amendments, and he asks unanimous con Brinson Codd Drewry Fields seut that they be v?ted upon en bloc. Is there objection? Browne, Wis. Cole Driver Foster There was no obJection. Buchanan Connell Dunbar Gensman Clark, Fla. Cooper, Ohio Echols Goldsborough The SPEAKER. The question is on agreeing to the amend- Clarke, N. Y. Cramton Ellis Gould ments. Clouse Crowther Fairfield Graham, Pa. 1798 CONGRESSIONAL RECORD-HOUSE. MAY 26,,
Hogan Kreider Rainey, Ill. S~o.rd Ward,N. C. White, Kans. Wingo Hukriede :\fcKenzie Reavis Stiness WatsoD Wright Husted :UcPher. on Reed, W.Va. White, Mer Winslow Wyant Sullivan Weaver Williams Wood, Ind. Yates Hutchinson McSwain Rosenbloom Sweet Webster .lVilliamson James, Va. MacGregor Rossdale Woodruff Young Thomas Wheeler Wilson Woods, Va. Jefferis ~Iorin Ruck-er Volk Zihlman .Johnson, S.Dak. :Murphy Ryan Ward,N. Y • NAYS-27. 1 Ki arns ~alan Sabath Wason Almon Hudspeth Mead Sander , Tex. . Keller Perkins Sanders, :N. Y. White, KlnlS • Carew James, Mi~h. O'Brien Steagall Kelly, Pa. Perlman Scott, Tenn. Woodyard Cullen Johnson, Mi s. Oldfield tevenson Kennedy Peters Shelton Dominick Lowrey Quin ,'"wank Kindred Petersen Si son Garner Lyon Rayburn Tyson Kitchin Rainey, Ala. Snyder Hammer McClintic Riordan Wi e Hardy, Tex. Mansfield Rouse So. the amendments were agreed to. NOT VO'I'ING-95. The Cierk announced' the following additlonal pairs: Arenta Echols Keller Reed, W.Va. On this vote : Bankhead Ellis Kelly, Pa. Rosenbloom Mr. PERKL\'S (for) with Mr. DRIVER (against). Benham Fairchild Kennedy Rossdale Brinson Fairfield Kindred Rucker Until fuTther notice : Browne, Wis. Fess Kitchin Ryan Buchanan Fields Kleczka Sabath ~1r. Co~"'NELL with l\lr. R.urEY of Illinoi . Chandler, N. Y, Foster Mr. :MoRIN with Mr. CocKBA:N. · Kreider Sanders, N. Y. Clark, Fla. Frear Lea, Calii. Scott, Tenn. The. result of the vote was announced· as. above recorded. Clarke, N. Y, French McPherson Sears The SPEAKER. The question is on tbe engrossment and Clouse Gensman McSwain Shelton Codd Glynn MacGr gor Sisson third reading of the bill. Cole Gould Montague Slemp The bill was ordered to be engrossed and read a third time, Connell Graham, Pa. Moores, Ind. Snyder and was aceordinO'Iy read the third time. Cooper, Ohio Haugen Morin Stafford Cooper, Wis. Hogan Mott Sullivan The SPEAKER. Tbe quetion is on the passage of the bill. Cramton Boughton Murphy Sumners1 Tex. )1r. GOOD. On that I demand the yeas and nay~. Crowther Huk:riede Nolan Taylor, 'l'enn. Dale llusted Perkins Thomas The yeas and nays were ord~red. Dallinger Hutchinson Perlman Volk The question was taken; and there were-yea. 308, nays 27, Deal James; Va. Peters Ward,N. Y. not voting 95t as follows : Drewry Jefferis Petersen Wason Driver Johnson, Ky. Rainey, Ala. Woodyard YEAS-308. Dunbar Johnson, S.Dak. Rainey, ill. Wurzbacb Dupr6 Kearns Reavis Ackerman Dowell Kline, Pa. Parks, Ark. Anderson Drane Knight Parrish So the bill was passed. Andrews Dunn Knutson Patterson, Mo.· The following additional paii·s were announced : Ansorge Dyer Kopp Patterson, N.J. Mr. PERKINs (for) with Mr. DRIVER (against). Anthony Edmonds Kraus Porter Appleby Elliott Kunz Pou Mr. CHANDLER of New Yo1·k (for) with Mr. BA.."'lKHEA.D Aswell · Elston Lampert Pringey (against). Atke on Evans Langley PUFnell Until farther· notice: Bacharach Faust Lanham Radcliffe Barbour Favrot Lankford Raker Mr. FRENCH With Mr. DEAL. . Barkley Fenn Larsen, Ga. Ramseyer Mr. MoOREs of Indiana with Mr. DUPRE. Bec).i Fish Larson, 1\finn. Rankin Mr. TowNER with Mr. MONT.A.GUE. Beedy Fishe1· Lawrence Ransley Begg Fitzgerald Layton Reber Mr. WURZBACH with Mr. SEARs. Bell Flood Lazaro Reece Mr. DUNBAR with Mr. JoH-"SON of Kentucky. Bird Focht Leatherwood Reed, N. Y. Mr. RosSDALE with Mr. LEA- of California. Rixler Fordney Lee, Ga. Rhode Black Free Lee, N. Y. Ricketts Mr. KREIDER. with ::\fr. SmrNERs of Texas. Blakeney Freeman Lehlbach Riddick Mr. MONTAGUE. Mr. Speaker, I would like to vote" aye:• Bland. Ind. Frothingham Lineber~r Roach The SPEAKER. Was the gentleman in the Hall and listen- Bland, Va. Fuller Linthicum Robertson Blnnton Fulmer Little Robsion ing when his name should have been called? Boies Funk Logan Rodenberg Mr. MONTAGUE. I wa not. Bond Gahn London Rogers The SPEAKER. Under tlie rule the gentleman can not be Bowel'S Gallivan Longworth Rose Bowling Garrett, Tenn. Luce Sander , Ind. permitted to vote. Box Garrett, Tex. Lufkin , 'andlin :Mr. SUMNERS of Texa . Mr. Speaker, would' I be permitted Brand Gernerd Luhring Schall to vote ·'present "? I was not in the Hall during the roll call. Brennan Gilbert McArthur , cott, Mich. Briggs Goldsborough McCormick Shaw The SPEAKER. No; there is no provision for that. Britten Good McDuffie Shreve The result was announced as above recorded. Brooks, Ill. Goodykoontz McFadden Siegel On motion of Mr. GooD, a motion to reconsider the 'rote Brooks, Pa. Gorman i\IcKenzie Sinclair Brown, Tenn. Graham, Ill. McLaughlin, l\Iicb.Sinnott whereby the bill was passed was laid on the table. Bulwinkle Green, Iowa McLaughlin, Nebr.Smith SPEECHES OF THE PRESIDENT OF THE UNITED ST.A.TES. Burdick GrePne, Mass. McLaughlin, Pa. Smithwick Burke Greene, Vt. Madden Snell Mr. HICKS. Mr. Speaker, a few days ago the President of Burroughs Griest :llagee Speaks the United States delivered some very eloquent speeches in the Burtness Griffin Maloney Sproul Burton Hadley Mann Stedman city of New York. I feel that those speeches are worthy of being Butler Ha1·dy, Colo. Mapes Steenerson spread broadcast throughout the country and of being made a Byrnes S.C.. Harrison Martin Stephens permanent part of the REcoRD. I therefore ask un11nimous Byrns, Tenn. Hawes Mason Stiness Cable Hawley Merritt Stoll consent that these speeches may be inset·ted in tlie CoNGRES Campbell, Kans. Hayden Michaelson Strong, Kans. SION .A.L RECORD. Campbell, :J?a. Hays ~Jichener Strong, Pa. The SPEAKER. The gentleman from New York a ks unani Cannon Herrick :lliller Summers, Wash. Can trill Hersey Mills Sweet mous consent to print in the RECORD the speeches of the Pre"i· Carter Hickey Millspaugh Swing dent of the United States to which he refers. Is there ob Chalmers Hicks :Mondell Tague· jection? Chandler, Okla. Hill Montoya Taylor, Colo.. Chindblom Himes Moore,. lll. Taylor, N. J. Mr. BLANTON. Mr. Speaker, reserving the right to object, 'h ristopherson Hoch Moore,Ohio Temple has the gentleman taken into consideration that these speeches Clague Huddleston l!OQre, Va. TenEyck Cia son Hull Morgan· Thompson will be quite an embarrassment to his colleague after the vote Cockran Humphreys Mudd Tillman this morning? Collier Ireland Nelson, A. P. Tilson Mr. HICKS. The reco1d made and being made by this admin Collins Jacoway Nelson, J. M. Timberlake Colton Johnson, Wash. Newton, Minn. Tincher istration will not embarrass. anyone who has the interest of the Connally, Te:r. Jone, Pa. Newton, Mo·. Tinkham American people at heart. Connolly, Pa. .Jones, Tex. Nortpn Towner The SPNAKER. Is there objection? Copley Kahn O'Connor Treadway Coughlin Kelley, Mich. Ogden Underbill There was no objection. Crisp Kendall Oliver Upshaw ADJOURNMENT OVER. Curry Ketcham 01pp Vaile Darrow Kiess Osborne Varo Mr. MONDELL. Mr. Speaker, I ask unanimous consent that Dn>is, Miun. Kincheloe O>erst1·eet Vestal . when the House a{Jjourns to-lllOrrow, Friday, it adjourn until Do vis, Tenn.. Kin;(!' Padgett Vinson Dcmp~ey Kiul
. 1921. CONGRESSIONAL RECORD-HOUSE. 1799
1\lr. BLANTON. Mr. Speaker, reserving the right to object, Mr. PARKER of New Jersey. Mr. Speaker, it seems to me is there to be another baseball series? that the person to control half the time should be opposed to Mr. JOHNSON of Washington. Why, Monday is Memorial the bill, so that there can be real leadership if there is opposi· Day. tion to the bill. Mr. MANN. The gentleman from -Texas does not know that Mr. GARRETT of Tennessee. Of course, the regular order Monday is Memorial Day. Let us inform him of that fact. would be for the House to go into the Committee of the Whole [Laughter.] The only thing that he has in mind is baseball. He House on the state of the Union and then whoever is recognized does not think of those who died in war. will have an hour. It has always been customary to arrange Mr. BLANTON. Mr. Speaker, reserving the right to object, the time. Probably gentlemen opposed to the bill-and I am I would state to my distinguished friend from Illinois that we in that class-will have a better opportunity by agreeing to a are adjourning, as we have been doing ever since this Congress control of the time. It is in the interest of expedition. I think met, over Saturday, which is not Memorial Day and which it might be. well to permit the gentleman from Iowa and the should be a work day for this Congress. gentleman from Arkansas to control the time. The SPEAKER. Is there objection? Mr. JACOWAY. Mr. Speaker, I demand the regular order. Mr. BARKLEY. Reserving the right to object, what is it The SPEAKER. The regular order is, Is there objection? planned to take up next Tuesday? • Mr. POU. Mr. Speaker, I would like to ask the gentleman 1\Ir. l\IONDELL. I am inclined to the opinion that we will from Arkansas a question. not have completed the packer bill, which we are about to. take The SPEAKER. The gentleman from Arkansas has de up ·by that time; but following that will come, among other manded the re.gular ordE:>r. things, the conference report on the budget bill and the bill for Mr. JACOWAY. I withhold that for a moment. I yield to the consolidation of activities for the benefit of ex-service men, the gentleman. and those measures will follow next week. Mr. POU. Would not the gentleman from Arkansas be will The ·sPEAKER. Is there objection? ing to divide the time as nearly as possible equally between There was no objection. those opposed to the bill and those. favoring the bill? PACKER LEGISLATION. Mr. JACOWAY. Certainly. That is only fair. I think there will be no doubt about the gentleman from Massachu M~. HAUGEN. Mr. Speaker, I move that U1e House resolve setts getting what time he wants. itself into the Committee of the Whole House on the state of Mr. POU. There are others. the Union for the consideration of the bill (H. R. 6320) to Mr. JACOWAY. I know; for that matter, anybody else. regulate interstate and foreign commerce in live stock, live SEVERAL MEMBERS. Regular order ! stock products, dairy products, poultry, poultry products, and Mr. WALSH. · Mr. Speaker, reserving the right to object, is eggs, and for other purposes. Pending that motion, if I may there anybody on the committee opposed to the bill? have the attention of the gentleman from Arkansas [Mr. JAco Mr. JACOWAY. I can not answer that question. WAY], I would inquire if an agreement can be made as to time Mr. WALSH. Does the gentleman from Iowa know? to be allotted for general rlebate? Mr. HAUGEN. I do not know of anybody. Mr. JACOWAY. I would state that from the requests that Mr. ASWELL. The report of the committee is unanimous. have come to me for time I think we ought to devote at least The SPEAKER. Is there objection to the request? the entire day to general debate. I have requests for something Mr. LUGE. Mr. Speaker, in view of the arrangements made over two hom·s ollthis side, and several Members on the Re-, by the gentleman in charge of the bill, I withdraw any objec publican side have requested time, if they can not get it from tion. the gentleman from Iowa. It occurs to me that the entire day The SPEAKER. Is there objection? [After a pause.] ·The should be consumed in general debate. Chair hears none. It is agreed the gentleman from Iowa shall J\Ir. GARRETT of 'l'ennessee. Mr. Speaker, will the gentle control half the time and the gentleman from Arkansas [Mr. man yield? JACOWAY] the Other half. Mr. HAUGEN. Yes. Mr. JACO,VAY. Just a question, how many hom·s of de- Mr. GARRETT of Tennessee. It occurs to me that a very bate are there to be.? good m.·rangement would be not to limit debate, but to fix the The SPEJAKER. There has been no limit fixed. control of the time in the gentleman from Iowa and the gentle 1\Ir. JACOWAY. That is what I understood. man from Arkansas. The SPEAKER The question is on the motion of the gentle· Mr. HAUGEN. Can we not agree upon closing debate at a man from Iowa that the House resolve itself into the Oom certain time, allowing liberal time for general debate? m~ttee of the Whole House on the state of the Union for the Mr. GARRETT of Tennessee. Will it be agreeable to the gen consideration of the bill H. R. 6320. tleman from Arkansas that the· time be controlled for general The motion was agreed to. . debate by the gentleman from Iowa and the gentleman from Accordingly the House resolved itself into the Committee of Arkansas? the Whole House on the state of the Union for the considera Mr. JACOWAY. Entirely so. Probably the better plan tion of t 1le bill H. R. 6320, with Mr. TOWNER in the chair. wouid be to not limit the debate. The CHAIRMAN. The House is in Committee of the Whole Mr. LUCE. Mr. Speaker, may I ask if the gentleman from House on the state of the Union for the consideration of the Arkansas is opposed to the bill? bill which the Clerk will report. · Mr. JACOWAY. I am not. The Clerk read as follows : Mr. LUGE. I shall ask recognition in opposition to the bill. A bill (H. R. 6320) to regulate interstate and foreign commerce in Mr. PARKER of New Jersey. And so shall I. It seems to live stock, live-stock products, dairy products, poultry, poultry prod· me that somebody opposed to the bill should be named as having ucts, and eggs, and for other purposes. control of half of the time. Mr. HAUGEN. Mr. Chairman, I ask unanimous consent that Mr. WALSH. Mr. Speake],", is there a request pending? the first reading of the bill be dispensed with. The SPEAKER. The gentleman from Iowa has not yet stated The CHAIRMAN. Is there objection? [After a pause.] his request. The Chair hears none. Mr. HAUGEN. Mr. Speaker, I ask unanimous consent that Mr. HAUGEN. Mr. Chairman, H. R. 6320, the bill to regulate general debate continue during the day, and that the time be the packing industry, which I have had the privilege of intro eqnn11y ctivicled between tlw gentleman from Arkansas and ducing and reporting favorably to the House, comes to you by myself. a unanimous vote of the Committee on Agriculture. This bill The SPEAKER. The gentleman from Iowa asks unanimous proposes to give the Secretary of Agriculture complete inquisi consent that the time for general debate be divided, half to be torial, visitorial, supervisory, and regulatory power over the controlled by himself and half to be controlled by the gentleman packers, stockyards, and all activities connected therewith. from Arkansas. Is there objection? The legislation proposed in this bill is not a new proposi Mr. LUGE. Mr. Speaker, reserving the right to object, can tion. For more than a quarter of a century the subject of any arrangement be made by which time can be definitely packers and packer legislation has been given much thought allotted to those who are opposed to the bill? and consideration. It has been discussed in Congress, in Mr. HAUGEN. So fnr as the time is controlled by myself, the courts, on the stump, and, in fact, in nearly every home. it will be divided equally between those for and those against Many believe that the spread in the price between the producer tl1e bill. and the consumer is much wider than it should be.; that the Mr. JACOWAY. I do not think there will be any question packers are in a larg-e degree responsible for the wide spread; about the gentleman from Massachusetts getting ample time to that there is something wrong with the meat-packing industry; make the observations he desires to make on the bill. and, for these and various other reasons, the packers should 1800 CO GRESSIO ... AL RECORD-HOUSE. i be brouulJ.t lmller Go ernment regulation and supervision. ' .Mr. JOHNSON of Mi i ippi. Will the g ntleman yield to Right 01· ~Wr.Q:Ilg, the eli cus. ion and agitation has gone on, much enable me to ask him a question ther-e? Th (l'entleman knows· .to the embarrasSlllent, expen e, and inconvenience of many, to mo1~ about this bill than ·any other Member, I take it, being the the innocent as well as to the guilty, until it seems to be gen- · chairman of the committee. Suppo e a charge , hould be filed e~'ally conceue_d that. the matter ·of legislation sh?ul? be defi- . ag~st a corporation or an indi\'"idual that tl1ey were :v-ioh1ting .mtely and finally disposed of. It- has been ·so mdieated, at : thLs law; would the Secretary of Agriculture cite that body or lea t, by the repre entattves ·of the various tOI'ganizations who that corporation to appear in Wa hington to an wer the charn-e have appeared before the committee. or would the hearing be held where the violation of the Jaw h~ Various committees anti subcommittees of the two Hous.es originated? have :pent much time on the subject and have held ·hearings_, ; Mr. HAUGEN. I take it -it would be-- -covered in thousands of pages of printed testimony. The ·com- Mr. JOHNSON of Mississippi. I am :not asking the gent!Cillan mittee on Agriculture of the House held 40 days .of hearings last what he would take it, but what does the bill say'! Cono-re s and 1 week of ·11earings this =.Congress on meat-pack- · Mr. HAUGEN. The usual _practice would be _pm· ued. ing legislation, covered in -more than thirty-five hundreil pages · Mr. JOfu~SON of Mississippi. That he would haye to come of ;Printed testimony. Representatives of the National Con- : here-- . · sumers' Lea-gue, the National League of Women Voters, the · l\fr. HAUGEN. Oh, no; arrangements could be made to .hear Committee of Seventeen, the American Farm Bureau Federa- ~em there. If :there wa an -abuse,' or unfair .pra..ct.ice, -for tion, rthe Natiooal Board of Farm Organization, the FaTmers' . mstance, in the stockyards in Chicago, a representative of the National Council, the National Grange, he American Society of : de_partment could investigate and -conduct the hearinu thm·e in Equity, the Order of _Railroad Conductors, the Brothernood of . the rChicago stockyards. Locomotive Engineers, and many other organizations, as well as · Mr. JOHNSON of Missi J.ppi. I -do not know how I am going prolluce1·s, shippers, .and dealers in live stock, appear.ed before to Yote on this bill, but if a party should be xequired to come ±he committee and urged, jn the strongest terms, prompt and here to 'Vashington to an wer the e charges-howeve-rJ Twill favorable action. wait until the gentleman gets his eye and al, o turn· hi~ ·ears .As a res11lt the committee authorized me to submit House toward me. -bill :6320 for your consideration and determination. 'This bill ~fr. :..\IcLAUGHLIN of Nebraska. I can ay to the gentleman is ·omewhat different from the bill which 1 I'epo:rted to the -tbe bill says .in tplain language that the Secretary will conduct Hou e last session of Congress as a substitute for the Sen- beaTings ·in Washington and el. ewhere. ate b:ill, which ·passed the Senate in the ·Sixty-sinh Congress, Mr. JOEINSON •of 1\'lls issippi. To ·whom wonia he delegate in that the proposed b1ll places the jurisdiction ovm· the. the authority to hold ihearings eLewhere? tockyaTds in the ·Secretary of .Agriculture instead of. in the Mr. McLAUGHLIN of Nebraska. To anyone in his .depart~ Interstate Commerce ·CommiSSion, as -was provided in the' ment, in vi€w of this provision. sub titute. 1n view of the fact that the Department of A.g1i- Mr. JO.ffi.~SON of Mississippi. ·would be have authority to culture now ha , :and -has had fo.r a long time, .a large :number administer oaths and take the affida-vits of fho .. e ·partie ? of per ons employed jn the tockya.Tds; that it has .attained . Mr. :1\IcLA.UGHLIN of Nebraska. Yes. splendid ·results in COITecting certain abuses .and -practices 1\Ir. :JOHNSON of'~Iississipp·i. Does yom· bill provide thnt? in the stockyards; and :that, ·under existing laws, :it has funds Mr. IaLA.U.GHL"'IN of Nebraska. ·Certa:inly. and power to -gather:, promulgate, .and diffuse certain informa- :Mr. HAUGEN. As I have statea, under the !)Foposed law .nnd tion by 'telegra.pll, mail, or -otherwise, as, for instance, in- · 1.mder ~e · existing law the Secretary ~ill have power to require formation relating to the demand, supply, consumption, cost, report and answers under oatb or otherwise a often a be may lJI'iCe, ·and -distiibution of live stock and other farm products, ·deem neces ary -concerning fhe matter-- . it eemed to the committee, after giving the matter further : ~!r. JO~SON of Mississippi. I appt·eciute that. But I ' ant con ideration, that in the interest ·of ec·onomy and e~:p.ediency : to ask this question: Will the party -designated to · uk this the Secretary hould be given exclusiV-e jurisdiction o:v:er the testimony or make this investigation in Louisiana or Te a~ df -stockyards., :as well as the -packers, ather than to set up dual ' a charge that some company is violating the law hav au powei' and ma~hinery . . Hence, it is proposed that the aaditional . thoricy to ~ adrnini ter oaths and take :m affida\"it from these power to be granted -over the -stockyards ball be vested in rthe . "Otber people? Secretary of Ag-ric.ultru·e :instead of the Inter tate Commerce ' Mr. ffi 'UGEN. Y-e ; if delegated "by ·the ecretary. .Qammission .as was pravided in .the substitute. 1 ~fr. JOHNSON of Mississippi. Does this provide that? The bill has been prepared with care and painstaking, with · Mr. HAUGE...~. Yes; besides, there are prov'isions in other a ¥iew not to hamper, idiscum·age, 01· destroy, :but to encourage, acts ~ade ~pplicabl~ that autho.tize that. The Secretary in protect, and build up worthy and legitimate ·enterprises ana .ac- -enforcmg this act will al o b~ g1ven powers po, ses ed by the tivities in connection with the great packing industry. In other · Federal Trade Commi sion under sections 6, 8, 9, and 10 of the words, to .supervise ·and regulate, and thus safeguard the inter- · F deral ~rade Commi Sion act. ests of the -public and all elements of the packing industry from .i\fr. MILLS. I did not quite get the answm·. Do the "en the producer .to the consumer w.ithout destroying -any ·unit in 'it. 1 tleman ay that this bill contains nnthority to the Secretary to rt ·is :proposed to give 1he ·secretary .of Agriculture jurisdic- 1 delegate that authority to hold :bearings? lion over ithe packers, ,<;;toch'"Yards, commission men, -traders, ' b~y- ~ill' . .iJOEINSON of 1\Iissis<"<"jppi. That i~ tbe questi n I want ers, and sellers, and all activities ·cennected with the slaught-er- to ask. ing and marketing of live stock and live-stock products in :inter- ::\lr. lULLS. That thi bill does? . -state commerce; :that is, the Secretary .shall have jurisdiction Mr. HAUGEr. Yes; 'both under exiJ ting law:· and the -provi- from the ·time the live ·tack is ·unloaded at the terminal yards ·sion of this bill he will have the powe-r to de1eO'ate authority to and after it is out of the jurisdiction of the Interstate Com- ~ 'hold ·heuings elsewhere. If the gentleman will examin r-·ec merce Commission. tfons 6, ~~ 9, and 10 of the Federal 'Trade -Commission act, Up to the time of unloading i:h.e live stock the Inter tate which sections are made applicable to :the juri. diction, power, Commerce Commission 'has jurisdiction over the shipment, dis- ancl duties ·of the ·S-ecretary in enforcing this ·act, he will..finu tribution, and ownm·ship of stock, refrigerator cars, and other that the Secretary will be given the power to do the various equipment, ·and tran portation Tates, .including 'belt lines and thing whiCh I shall proceed to enumerate. We provide for the terminal roads. Hence, it is proposed that the Secretary's juris- same proQe(lure as provitlecl in oN1er acts. diction hall begin where the Interstate Commerce Commission's i ·Mr. l\HLLS. 1\.fay I ask the gentleman further, Den, if the jndsdiction ends; or, in ·other words, tbe Interstate ·Commerce Federal Trade Commission has not a good many of ·~he powers :Commission is to continue its exclusive jurisdiction .D\'"er trans- 'W1lic11 you "here a1·e granting to the Secretary? It 11a the portation rates and compelling the carriers to furnish refrig- ·power of investigation, which you are transferring from the erator and ·stock cars, and so forth, and the ·Secretary 1s to "have Federal TraE1e Commission to the Secretary c-: ..t: O'riculture, but exclu ive jurisdiction over all transactions connected with the that particular :..ection does not cover all of the delegations of slaughtering and marketing of live :Stock and li\'"e- tock products power und authority ·wnicn \\"ould be involved in holding hear in inter 'tate commerc , subject, of c01u·se, to court review; to ing" and making a deci ion. 1 do not find that in thi bill "gather and compe1 information concerning and to investigate anywhere. the organization, conduct, practices, and management of tbe Mr. HAUGEN. 'We proTide for the same procedure a pro- packers and stockyard , :including all tran actions in or about : vided "in other -act . the stockyat·ds ~Y all C Mr. MILLS. I shall rbe glad to .have that pointed ~ut. · fm· the eare of -cattle at the stockyard and for· feed furnished to .Mr. ROSE. If the gentlemiDl will 1-efer to section 203, lineS them and minor injustices against shippers and purchasers, , 17 to 20, inclusive, on :page 6, I think he will :find that it meets which, if to- he remedied effectively, must be -deal withpromptly. his objection. Now_, if I may proceed, let me indicate w:hat the bill will do. Mr. LOGAN. W.hy is it under section 202 you provide a The .Secretary will be given the power to subprena; to con method of appeai fmm the court of nppeals and then by writ -of duet hearings ; to require the prDduetion of books, papers, and certlorari to the Su,p.reme {Jourt, ~ihen you aT€ ·dealing with the dO'eumentat·y .e_ridence; to .require the attendance Df witnesses; packers, and when you get to the stoelcy-rurds you _provide the to pre"tent packers and stockyards, and all persons deal Secretary's or.ders shall tak-e effect in five .days unless ws ing in the stockyards, from engaging in unfair, unjustly dis pended by the court? criminatory, or deceptive p.r.actice or device; to regulate and Mr. HAUGEN. One carries a -criminal penalty and the other prescribe the practices on the stockyards ; to prev.ent abuse ; to only .a fine. award -damages in ll'edress of any unfair practice or abuse ; to Mr. LOGAN. ·The Secretary has the full hear:ing in the· regulate and prescribe all rates, fees, and charges for services matter. in stoekyards, including the f.e_es of commission men, yardage, Mr. HAUGEN. The Secretary mny apply for an injunction feeding, watering, ~ighing, :and handling live stock. The bill in the ease of the packer, restr.a.in.ing him fr-om violating the pr·ovides specifically for cooperation i~ the marketing of live order. stO:Ck through cooperative associatiens in the stockyards hY Mr. LOGAN. As to the i)ackers, by giving no appeal, and so -permitting them to return to their membeTs on a patronage forth, a man might suffer great hardship under that. basis their excess earnings on llt'e stock handled, .subject to· Mr. HAUGEN. The packer does have tnll right -of appeal. ·regulations by the Seeretary. The procedure is this: After the Secretary has ma.de .a.n .order It gives the Secretary complete inquisitorial, visitorial, ·super requiring the ~acker to .cease ,and desist from ·v.iolating the J.aw visory, and r-egulatory power over the pac'kers, stockyards, and the packer may appeal to the circuit ccmrt -of appeals~ ff he all activities ce-nnected therewith. doo not atppeal within 30 rdays, a. violation of the o-rder, after The ·bill furtller cooTdinates the duties of the Secretary of sueh 30 -days, is punish-able by .a .fine -or imprisonment. A.gri-eulture so that it prevents overlapping of authQrity and I.f appeal is taken, .there :is no ~e.viminal ~ena1ty except for duplication ·of jurisruction of the ·othm· departments of the Gov violations -of the .order taking place after the circuit eour.t _of ernment having regulatory :power which previously existed. appeals ha-s affirmed the order. The _pack-er is gi'ven the ~·ight The object sought is to pr-eserve and hold on to all the powers to apply to the Supreme :Onm't within r60 days for a writ 1802- CONGRESSIONAL · RECORD-HOUSE. ~lAY 26; United States. I thought it_was just_abqut as clear as any the amendment, and from that experience we have an ample language could be written. . foundation on which to bnild something to increase the efficiency Mr. MOORE of Virginia. If I -may interrupt a. moment, 1t of the budget system and make it more workable for the seems to me the inquiry might be one th~ng and the hearh1g a future. different thing. I find that in the act to regulate commerce- Now, first, as I said, it was suggested during the debate on the common carrier act-Congress has been very careful to pro- the amendment tllat members of these several former appro vide again t any misunderstanding as to how hearings shall be priating committees be made members of the new committee, conducted. I read from the language of the act to regulate the object obviously being to coordtnate and correlate the work. commerce: That was not carried out. Members were taken from these The commi sion may appoint examiners, who shall have power to committees, but instead of acting conjointly with the committees administer oaths, examine witnes es, and take testimony. from which they were taken, their connection with the old com- The commi sion in a given case may in advance have made mittee was absolutely severed, and they remained members ·au sorts of inquiries, but when it comes to an inter parte hear- simply of the new committee. So that advantage was entirely ing, which the commission itself may not be able to condn~t, it lost. may de ignate an examiner to serve. I think that bears upon Now let us consider another thing that was foreseen at the the question propounded awhile ago by the gentleman from time that the committee was formed, but which was not voiced New York [Mr. :MILLs]. It seems to me desirable that there in the debate, and that was this-and I will give a concrete bould be written into this bill a provision imilar to that I - example: During the Great War which has just ended there have quoted. was no legislative figure who stood higher, who loomed larger, Mr. MILLS. !\Iay I add, in addition to what the gentleman and who will remain longer on the pages of history than the from Illinois says, that I think it would be very much open illustrious chairman of the Committee on Military Affair , to question whether the authority to make inquiries would give JULius KAHN. [Applause.] It was seen readily that men like authority to examine witnesses, and so on, unless the language Mr. KAHN, who had performed heroic service; men who knew - especially so provided. I think the language pointed out by the problems of the various committees from long experience, the gentleman from Virginia [:Mr. MooRE], the language used many of them from service for a score of years; men who were in the inter tate commerce act, is the language used in all of trained and experienced and skilled; men of judgment, would these statutes where authority is delegated to somebody to cease giving the House and the Nation the benefit of tbeh· compel the attendance of witnesses and to administer oaths accumulated knowledge and long and ripe experience. That and to take testimony. was foreseen at the time as an objection, and, of course, it Mr. MANN. 'fhe gentleman from Indiana had better look at proved to be an objection to the succes ful worldng of the new the act creating tlie Federal Trade Commission before he criti- rule. cizes the bill further. Again, let us consider the details of the working of the rule :Mr. SANDERS of Indiana. It is not so much a matter of in the committee. The objection to the several committees was criticizing the bill; what I was trying to find out is who was that we had a responsibility divided among seven different com· to sit at this hearing, whether it is to be somebody delegated mittees, and that there would be overlapping, multiplication, - for the purpose, or whether it was meant to be the commisRion. and duplication of work, all of which, it was maintained, would :Mr. HAUGEN. 1\tlr. Chairman, I yield 20 minute to the gen- be avoided by the new systE-m. tleman from New York [Mr. DE1\£PSEY]. Now let us see what the new system was. Did you have one The CiiAffiMAN. The gentleman from New York is recog- committee which had charge of all these matter , which con- nized for 20 minute . sidered them all, which viewed them as a whole, which did not Mr. DEMPSEY. Mr. Chairman, I ask unanimous con ent to lose itself in details-a cor.amittee which was able to view the proceed on a subject other than the bill during that time. whole field? You have had nothing of the kind. Instead of The CHAIRMAN. The gentleman bas that right. seven committees, when you come to the working out of the 1\-Ir. DEMPSEY. l\lr. ,bairman and gentlemen of the com- practical details, you bad ·13 subcommittees, practically twice mittee previous to the 1st of June, 1920, there were eight appro- the numuer of committees which existed before. priat~g committees. of this House. On that day a resolution Let us follow that out in its workings and see how it de~ was introduced in the House-a resolution of which Mr. Goon, veloped. These subcommittees consisted ~ominally of five meru the distinguished and able chairman of the Committee on Ap- hers. As a matter of practice three men made up the bill in prapriations, bad charge-to amend the rules of the House so most instances. The whole five men rarely sat. I was on the as to center all of the appropriating powers in one committee. committee, and I know the facts both from experience and from That question was debated at considerable length. Among observation, and I am stating the result of both. others who debated it was the gentleman from Ohio [Mr. FEss], Then wlien the 13 subcommittees had performed their ta ks, who said, RECORD, June 1, 1920, bottom of page 8103: when they bad completed their work, when they were ready to The committee is to be composed of 35 members, so that evidently it report their bills, how did the scheme work out in practice as will permit subcommittees representing all of tbe committees which now to this general supervisory power which was to cut appropt·ia are appropriation committees. tions, which was to make us more efficient, and which wa to The purpose expressed in the debate. was that tb~ committees result in a general survey, a complete review of the whole. field? should operate jointly and coordinate their work, and there Mr. CONNALLY of Texas. Will the gentleman yield? would be not alone a centering of power but that committees Mr. DEMPSEY. Not for a moment, please. It worked out in whose jurisdiction was taken away would be represented on the this way: The subcommittee came to the general committee witll new committee. a bill in some instances consisting of 60 to 80 printed pages, Objections were made to the resolution. They may be sum- wblch the general committee considered from _30 minutes to 4 rna ized under tvv-o beads: First, the objections of those who hours at the outside, which was all the time they had to go said that it was centering too much power in one committee and over the bill as a whole. Of course, it was utterly impossible. taking away from the general membership of the House prac~ in that time even to read the _bill. It was utterly impos ible tically all of the work which they bad always bad to do ; and in that time to consider single items involving vast sums. It second, that it would be impossible for any committee composed was utterly impossible to take the bill as a whole and compra of 35 members to do the work that it would be necessary for bend it. In all my experience upon that committee I recollect them to d(\ under the propo ed amendment. - but one motion to reduce the amounts reported by the subcom - The opposition was centered and represented in a motion to mittees, and that motion wa · lost. So I say that this theory recommit made by the gentleman from Minnesota [Mr. ANDER- that there would be supervision, this anticipated supervi ion soN], which, in substance, provided that instead of the change which was the 1·eason and the ground for the change of the of rules provided by the resolution that was introduced there rules, disappeared in fact when we tried it out, a we have tried should be a change of this kind : That a budget commii:tee it, for a year. should be appointed, to consist of three members from each of :Mr. CO~TNALLY of Texas. Will the gentleman yield at this the seven appropriating committPes, the chairman and the rank- point? - ing majolity and minority members; the budget committee as Mr. DEMPSEY. In just a moment; when I get through ''dth so constituted to have juri.5diction to fix the total amount of my statement I will be glad to yield. the appropriations to be made and also the amount to be allo- Now, let us follow the bill from the committee to the fioot· of cated to each of the appropriating committees. The resolution the House and see what resulted there, see whether it worked to recommit was submitted to the Committee of the Whole and well, see whether it carried out the faYorable prognostication lost by a vote of 200 against to 117 for. A year has pas_sed, of those who supported it. We found on the floor that two during which we have been working under the new rule. We things developed. First, we found that bills appropriating have had an opportunity to observe, first, the plan adopted for money were so inseparably connected with legislation proper carrying ont the amendment, and second, the actual operation of that a bill could not be brought here for the one purpose " -hich 1921. CONGRESSIONAL RECORD-HOUSE. 1803 did not embrace the other. You could not report an appropr1a- Objection has been made that when you alloc.ate a given tion bill that did not contain numerous legislative provisions. sum to a committee that it will appropriate the full sum And what resulted then?· Nobody in this House advocated, allocated, and that is the only objection I have heard to the or will advocate to-day or in the. future, that these seven ~om· plan. It is not an objection when examined, .because the way mittees be deprived of their legislative powers. Nobody tb.i.nks the allocation would be- made is this: The various committees that would be wise. Nobody believes that would be prud~t. would sit and consider :he appropriations they are- to distribute, Nobody believes it would be defensible. ~d so when bills and when their work is completed, having completed the. hear· came in with legislative provisions in them we found this result, ings, they will: submit the res'olt in the form of a tentati've bill tha:t the Committee on Appropriations would report a legisla- through their representatives on the budget committee. The tive provision, objection would be raised, and the provision budget committee will have before it the budget as prepared would go out on a point of order. And then what would hap- by the President under the new budget bill. They will know pen? 'Ve would have in many instances a rule brought in and what the total expenses will be for the next year and what the we would set aside the time-honored precedents, we would set revenue will be. With the limit to approprin.tions fixed by the aside the well-established rules of the House, in order that we, budget, with the budget. committee saying we can not spend might carry a particular bill in a particular way. In other more than that, the members of the budget committee from_ wordst the old evil of disregarding the law on account of the the several disL.-ibuting committees each urge the claims of exigencies of a given case was in every instance, where a rule their committees. Only so- much, however, can be spent; and Wtts adopted, the plan of procedure that the House adopted un- the question is, How shall it be allocated between the different der its new order of affairs. committees! In some instances the rule was U{)t brought in, and th-E-n what The CHA.IRJ.\.IAN. The time of the gentleman from New resulted? The bill went over to the Senate, the legislative pro- York has expired. visions having gone out on a point of order without the House Mr. HAUGEN. Mr. Chairman, I yield to the gent:eman five having considered them1 without the House knowing what they minutes more. were, without the House being in any way advised as to whether Mr. DEMPSEY. A representative of the Committee on For they should be passed or not-the bill went over to the Senate eign Aff..'tirs and a representative from the Committee on Agri and these provisions were put in and came back to us on con.- culture will each be there, having had their full hearings, and terence reports; and, incomprehensible as it may seem, unbe- they wi:ll present what they say is the amount ~-= cessary for lievable as it is, this House, without having considered them, their committees, and they will know that the final result, the knowing nothing about any of these. provisions~ in each and total amount to be expended, is such and such a sum, and in every instance passed them just as they came from tbe Senate. effect each one of these committees wiU be working to lo-Wer Tho e are the two results that followed. the other amo-unts allocated in order to get as much ::s they feel Now, gentlemen, let me pause at this point to say that there is absolutely need"8d for their· own committees. In other werds, was no man in this House more sympath~tic teward the estab- the members from eacll eommittee WI11 be in effect a cheek lishment and the well working of the budget system than was I. upon all other committees, and you need that check. Wfiy: Let me say that when this change in the. rules was made, when select one Committee on Appropriations any more than an it was advocated by lli. Goon, chairman of the Committe~ on other and say that it shall legislate for tJ.1e whole House- as Appropriations, which gained power and jurisdiction through to appropriations? Is th-ere any charm in the name H appro the change, althaugh I was. a member o:f one of the: commJttees priatioru; " as applied to a committee that makes it better able which lost appropriating jurisdiction, I supported the change. to deal with appropriations than if the committee- had some In each and every instance since that time I have supported otfier nftme? Not at all. The Committee on Appropriations the Committee on Appropriations when it has brought in bills. should have a check on its :...pproptiations and tha-t was made I have spoken on the floor on various occasions, and always in clear by the passage- of the bi:l yesterday~ Most ,of us voted favor of the committee. I did not believe in obstructiilg busi- for the $400;000 naval appropriation in order to- vo-te- with the ness because of the existence of an unwise rule. l did not be· committee. We learned that the appropriatioo for elerk hire lieve in collateral attacks upon it. I believe in direct attacks, and expert chemists had mounted from $1,700,000 to $3',500,000., and I believe only in dil'ect attacks to better and improve-not and that the chairman or· Naval Affairs believed that t.fiis· to tear down and destroy. allowance had grown out of all proportion, had become ex- And then gentlemen say, "Well, suggest how you will better travagant, and that h-e was opposed to the removal: of the limit or improve it, how will you do it, what can be done1·" We of $'400,000, and in learning this we learned that the Com have found from this review that the present system is in- · mittee on Appropriations is subject .to the same infirmities- as efficient. We have found it unworkable~ we have found that other committees. [Applause.} And it will be subject to the it results in endless trouble on the floor- in containing legis- same check and to the same control as other committees u.ndel"' lative provisions which go out on. points of order~ and In our a true and real budget committee, such as is. propoaed. enacting just what the Senate passes without knowing what it In conclusion let me say this: l am 'for a budget system. I is. Is there some way in which we can preserve the principles voted for it and supported it on every occasion wllim the que of the budget system, in which we can. make them work b.etter tion arose in this House. I have been a part of the new system~ than was possible under the old system or under the substitute having been a member of the Appropriations Committee during system? Is there some wa: that can be accomplished? The the last Congress, and I have observed how it works. I do not gentleman from Minnesota suggested an outline in the motion ' need to repeat to yon how it works. because you know the diffi to recommit when the amendment to the rule was passed. He culties, first, as to legislation,. and next the impossible coQ.di suggested that the budget committee be selected and he sng- tion of affairs in having the S'enate legislate for us without our' gested how it should be selected, and I would add only to his even knowing what has gone into th-e bill. You all know thatr suggestion that it seems to me that on a committee li'ke that You have tried this new rule and you have found it unworbble-. of appropriations the chairman of the committee is too busy a You have found that instead of promoting efficiency it lln..s had man to serve on both committees. It seems also that a member exactly the opposite result. Why not try a system which of the Ways and Means Committee should be a member of promises more, a system which is likely to accomplish the re that committee, because that committee raises the revenue, and suit at which you aim? You will not obtain perfection in any that the Speaker and the majority leader should be memoers. system. It will depend in the end upon the legislation whkh is Let us compare and contrast the two methods. Why is it helpful-and. I honestly believe the budget bill will be extremely that the Committee on Appropriations has not been able to helpful-but it will depend still mom upon the men in control exercise a supervisory power? Simply because it is .a busy and upon this. House. committee and it has not the time. Will your new committee The CHAIRMAN. The time oftile gentleman from New York have the time? Yes. Why? Because you will select men who has expired. will do the work in such an order-and I am going to indicate Mr. HAUGEN. Mr. Chairman, I yield the gentleman two the order sh<>rtly-that they will naturally have the time. You minutes more. will select men who can· be spared because you can spare one Mr. CARTER. Mr. Chairman, will the gentleman yield? or two men from a committe·e when you can not take all the Mr. DEMPSEY, Yes. members of a busy committee like the Committee on Appro- Mr. CARTER.. No matter what we may do in the House, priations and have them spend the time in supervising the work no matter what precautions- we take here, will we ever have a of seven or eight committees. You can take a man from each real budget system or any real .economy so long as the Senate committee who can devote his time to it. He will not have the takes no part in that propositi 1921. CONGRESSIOX .d.L R.EOOR.D- HOUSE. 1805 l\1r. LUCE. Absolutely. The.fe is no question about that. Jike to ask the gentlemen on that side of the aisle if they can But I did not raise that issue. disclose to me any single instance where the operations of the Mr. WALSH. Mr. Chairman, n-ill tbe gentleman yield? Federal Trade Commission have resulted in a reduction in the Mr. LUCE. Yes. cost of articles bought by the people? . I will give my whole Mr. WALSH. Can the gentleman from 'Virginia cite any 20 minutes if need be for one specific instance of that. business that some public interest doe'"' not attach to, any busi Mr. RAYBURN. Will the gentleman yield? ness that is transacted in this country during the 24 hours of Mr. LUCE. I yield to the gentleman from Texas. the day that some public interest does not attach to? Mr. RAYBURN. I was a Member of the House at that time, Mr. MOORE of Virginia. I think if my friend will read the in my first term, and was a member of the subcommittee that case I have cited, in which the opinion was delivered by a great helped to write fue ll~ederal Trade Coinmission act. I do not judge appointed from his own State, he will reach the conclu know what others may think of it, but as for me I think the. sion that, respecting any designated business, it may be found operation of that act has been very disappointing to the country. that a public interest attaches to it, so as to make regulation Mr. LUCE. That recognition of the self-evident fact is very permissible. gratifying, coming from a man who helped in the passage of Mr. WALSH. Yes; and I think the gentleman will recall the act. that that was war emergency legislation, and that in the New Now I turn to this side for some more light. I find that the York case they did sustain the New York case upon a little Federal Trade Commission act sums up its purposes in two different ground. But once in a while the gentleman is con lines, declaring that "unfair methods of competition in com· vinced that the courts render a dissenting opinion which, while merce are hereby declared unlawful." it may not have the force and effect of law, may appeal to the That·is the gist of the whole law. All the rest of it simply. reason of persons of ordinary intelligence. I think that is true provides the machinery for the prevention of unfair methods of in those two cases. competition in commerce. They are declared unlawful. .And Mr. MOORE of Virginia. My friend realizes, of course, that now for seven years a Government agency has had the power I am of only ordinary intelligence, and-- to carry out this prohibition. 1\lr. WALSH. I am speaking rather of myself, in connection Now, will the gentleman in charge of this bill kindly look at with others. I may add that the gentleman from Virginia is the section beginning at the bottom of page 4, section 202, to possessed of more than ordinary intelligence. His participa which is given a little over a page, and in which it is said tion in the deliberations of this House has shown him to be a what it shall be unlawful for any packer to do? Will the gen-. man of wisdom and a distinguished lawyer. tleman from Iowa [Mr. HAUGEN] point out to me anything Mr. DEMPSEY. Was ..1ot the suggestion of the gentleman on this page which goes beyond the power already in the hands one relating only to the wisdom of the legislation, in view of of the Federal Trade Commission? · the statement that this goes further than any other bill in the Mr. MOORE of Virginia. May I interrupt the gentleman? regulation of private business, rather than a suggestion aimed Mr. LUCE. This side has a monopoly of the_ imparting of at its validity or legality? information at present. · Mr. LUCE. The gentleman from New York states the matter l\fr. TINCHER. On the entire page there is no comparison be correctly. tween the law and the Federal Trade Commission act. Mr. MOORE of Virginia. Will the gentleman from New York Mr. LUCE. I can not read the page without considering it allow me? With reference to what my friend from Massachu to be a mere elaboration of the attempt to prevent unfair com- setts said, for which I thank him, I certainly do not want him petition in commerce. . to think that my remark a moment ago was at all waspish, Mr. ANDERSON. The difference between ~unfair competition because the relations between him and me are such as to in commerce and unfair methods in commerce. preclude any possibility of that. The com·t in the case that I 1\fr. LUCE. I think the words " in commerce" are found in referred to seems to lay aside any question of the exercise of every paragraph, having been carefully inserted. Therefore the war power, and to base its conclusion altogether upon the both in the matter of the Federal Trade Commission and of general power of Congress Jegislating for the District of Co this bill it is wholly a matter of commerce; not of manu· lumbia, and to accord to any State similar power. This bill facturing or transportation, but it is wholly a matter of com is, of course, expressly ba.sed on the commerce clause of the merce. Constitution. Mr. DEMPSEY. I think if the gentleman will refer to the Mr. LUCE. Does the gentleman from l\linnesota [Mr. A..~DER· paragraph following that to which he has been referring in the soN] desire to enlighten me? report, he will find that the definition of what the act does i'3 in Mr. ANDERSON. I desire to enlighten the gentleman by ask exact accordance with his contention. The second paragraph ing a question. If this bill did not go any further than existing on the second page defines it exactly as the gentleman has read law on the subject there would not be much use of enacting it, it to be defined in the Federal trade act. would there? Mr. LUCE. That was the way I understood it, and I would 1\fr. LUCE. I was going to reach that stage of my dilemma like to ha\e some gentleman show me in the bill on page 5, sec later. [Laughter.] tion 202, any authority given the Secretary of Agriculture which Mr. MADDEN. It might be a good idea for the gentleman is not already in the hands of the Federal Trade Commission. from Massachusetts [Mr. LuCE] to tell the House what he Mr. ANDERSON. Is the gentleman familiar with the in thinks about the bill. terpretation placed by the Federal Trade Commission and the Mr. LUCE. I will with great pleasure disclose my own view courts upon the language "unfair methods of competition? " as to the stage at which we have arrived, because the gentle l\lr. LUCE. Not to such an extent that I would not be ~lad man from Virginia [Mr. MooRE] has helped me to bring it home. of further enlightenment. He bas pointed out the existence of a law interfering with Mr. ANDERSON. I do ~ot desire to enlighten the gentleman. . housing of a class which I think all the authotities in the coun If he is familiar with it he does not need enlightenment. try agree has done more to contribute to the distressing con Mr. LUCE. But other gentlemen may need it. ditions in our large cities than any other one cause. 1\ly own 1\lr. ANDERSON. As to the intent of the language " unfair State has done the same sort of thing. It has been done gen competition " it only includes acts which constitute a violation erally, and that interference with private business was one of of the rights of the competitor, and it must be a method which the rea&>ns that led the whole country to demand that we stop is used by a competitor on the same plane. • this course of action. I never understood the practical advan The CHA.IRl\IAN. The time of the gentleman from Mas. a tage of cutting off your nose to spite your face. I never under chusetts has expired. stood the practical advantage of passing legislation aimed at Mr. HAUGEN. Mr. Chairman, I yield the gentleman from landlords the only . important result of which was to make l\fassachusetts 10 minutes more. houses more scarce and rents higher; and in this instance I Mr. A..l'JDERSON. For instance, the method of competition can comprehend no practical advantage to myself or to any of -cised by the manufacturer which we might think was a \iola my neighbors ·or to any of the people of the land in passing ti:on of the moral rights of the wholesaler would not be a viola legislation which experience has taught can have no other effect tion of the Federal Trade Commission act, because the inter than· to increase the prices of food. And that is why the party pretation of that is that it must be an unfair method as betwe~n to which I belong promised response to the appeal of the people competitors who stand on the same plane. This goes f.urther to stop raising the cost of living by legislation. than that, as it affects the public interest to a large extent, and .And now let me turn to my friends on the other side and see the unfair competition or unfair practice as between the packer if I can get from them some information. I have in my hand a and the general public. the packer and the producer, or the copy of the act creating the Federal Trade Commission, ap packer and any other agency connected with the marketing of proved in 1914, while the e gentlemen were in power. I would ltre stock. LXI-114. 1806 CONGRESSIONAL RECORD-HOUSE. ]\fAy 26, 1\lr. LUCE. If that were the intent of the committee, my claimed as going further than ever before in the way of inter difficulties might diminish, but on glancing over the page ! see ference with the private bu iness of the country. [Applause.] nothing of the sort. For instance, Une 18 ·speaks of creating a 1\Ir. GARRETT of Texas. Does the gentleman understand monopoly ·w'ith reference to -commerce. . his President to say in the New York speech that he believes 1\Ir. DEMPSEY. If the gentleman will yield, the page he IS that priY"ate business when it reaches the stage of ab omte'mo reading from is summarized 'On page 2 of the report, in the nopoly in the handling of every neces ity should not ~ inter second paragraph : fered with by the Government? He- Mr. LUCE. The President's speech may peak for itself. Mr. GARRETT of Texas. I thought the gentleman was The Secretary of Agriculture- speaking for fue President. is given the power to prevent ~ckers, stockyards, .compan~es, and all M:r. HAUGEN. Mr. Chairman, I yield 30 minutes to the gen persons dealing in the stockyards from engaging m tiD;fair, U$stty tleman from Kansas [Mr. TINCHER]. discrimmatory, or deceptive practices ,or devices. He is given the power to regulate and presctibe the practices on the stockyards, to ~rev.ent Mr. TINCHER. Mr. Cllainnan and gentlemen of the com abuses and may award damages in redress of any unfair practlCeR or mittee, the gentleman who just left the floor, the gentleman from abuses: He is given the power to regulate and pr~scribe all rates, fees, Massachusetts [M:r. LuCE], asked a ·question as to what food and charges for service m the stoekyards, includin-g the fees of com mission men.. products andhow the cost of living had ever been reduced by· any act of the Federal Trade Commission. We have the Sher Then they give the power to award damages. man antitrust law on th.e statute books, and I doubt whether Mr. ANDERSON. The gentleman is talking -about the stoek- the gentleman would favor a repeal >Of that law, yet that ques 1yards and the gentleman from Massachusetts is talking aoout tion eonld be asked just as effectively .as to that. I think no ·the p::reke~. Member of Congress would be able to specify in just what par Mr. DEMPSEY. That is with reference to the stockyards ticular the Sherman antitrust law has reduced the cost of the and the packers. necessaries .of life, and yet I do not belie'le that any man who Mr. ANDERSON. If the gentleman will read the bill in has imposed on him the duty of making law would want to-say stead 'Of tile rep·ort, :he will see that he is mistaken. that the Sherman antitrust law .as a law has not had a whole l\1r. DEMPSEY. I take it that the committee prepared the some effect, although I do not know of any man who e\e.r went report in a I'e.:'\Sonably intelligent manner with reference to the to ]ail for violating that law. bill and so worded it to summarize the b-ill in the report. I want t>O ~;ay just a word in respect to the remark-s of the Mr. ANDERSON. Will the gentleman read from the report distinguished gentleman from New York [Mr. DEMPSEY], who on page 3? · spoke tor half an hour against the present administration of Mr. 'RAYBURN. • Will the gentleman yield? the b-udget system in this House. I am not sure that the present M.r_ LUCE. I will appropriating committee is the perfeet way to administer that Mr. RAYBURN. We -gave the Federal Trade Commission law, but I do want to say and congra'tolate the country upon wide powers, but not as wide as they give the Secretal'y of the vast improvement of that system over the old system. I .Agriculture under this bill. The Federal Trade Commission pe-rbaps would not do that now except that this is such a ·made a long ·and exhaustive investigation of the pa-cking busi- golden otmortunity for doing it. Previous to the new rule which 1ness and made a report. I would like to ask the gentleman took the power of ap-propriation away from the Agriculture from Massacl.lusetts 'f he k"nows what recommendations tOO Oommittee, which has 21 members, we had to spend about all Federal Trade Commission, another arm of the Government of our time in the consideration of a thirty or forty million that had been given these wide powers-what recommendation dollar appropriation bill. It took the time of that committee; ·of theirs is included in the bill? and since this new rule, sinre .we got rid ~f that work, which Mr. LUCE. Does the gentleman Uesire an answer from me should be the least important of the work 6f a 1\fember of the or from somebody . ho is more familiar with that matter? Ameriean Congre -that i , spending the Government's money 1\fr. RAYBURN. Anyone wbo knows. we have started toward making law· -several good mea ures that Mr. LUCE. I will :give way to any member of the committee it was absolutely itnpracticable and impos ible for the com to answer. mittee to consider heretofore. I d-o not want to criticize, but ·I Mr. TINCHER. I do not think that the Agricultural Com want to suggest to the legis1ati\e committees of this House that mittee. followed any of the recommendations. instea(l of spending so much time on the floor making points of Mr. RAYBURN. 'The commission spent thousands of dolla.r.s order against items in -appropriation bill , m1ieh would be proper in employing a very expensive lawyer out in California for if there were a law authorizing them, it might be a good idea many months investigating the packers, and tr-ied the ease for the legislative committees to report 'OUt ome bills along that through the newspapers, .and then they filed a ~ng -report rec line and make them laws. Per on-ally, I am impre sed with the ommending legislation. I wondered if the report had been of idea that a man who comes to the American Congre "" imbued any use to the. committee in drafting the bill · with the opinion that his principal duty here is to spend the Mr. TINCHER. I think the g;entleman is in error in saying Government's money makes a very poor worker in the American that they filed a 1·eport recommending-legislation. Congress. 1\fr. RAYBURN. Oh, yes; I was at the time a member of the Mr~ DEMPSEY. Mr. Chairman, will the gentleman yield 1 Oommittee on Interstate and Foreign Commerce, .and for about Mr. TINCHER. Yes. two months we conducted the investigation with reference to Mr. DEl\iPSEY. Permit me to ay th.at the gentlema.n from the packers; and we consid-ered the recommendations of the New York who was heard this afternoon never made a point Fe.deral Trade Commission. of order, but alway voted with the cqmniittee, as he stated 1\Ir. TINCHER. I think the gentleman is right; they did in his remarks; and permit me to say, in addition, that I do not file some recommendations, bnt we did not follow tile recom believe th-e gentleman will :find in this Cong~·es a man who mendations as to legislation. There were findings of facts dis agrees with the gentleman in his tatement that the lea t impor cto·sed by the report which the committee took into considera tant thing is to save money. tion, and they did offer some Tecommendations for legislation :Ur. TINCHER. Oh, I did not say that. tlmt were not followed. Mr. DEMPSEY. The gentleman from New York believes Mr. LUCE. Mr. Chairman, as I said at the outset, I have no that at the present time the q11estion of taxation i the most prepared argument, but in conclusion I would like to _put this important question befor-e the American people and that the in the REcoRD-that ito human being has asked me to speak or saving of money by spending it eeonomica11y and judicially vote for or against this bill. My hostility to it is the result of and only where it is needed i the most important duty that con service in my State in an official capacity for the investigation fronts any. Member of Congress at th-e present time. [Applause.] of the e questions. As the result of that ervice and continued Mr. TINCHER. 1\!r. Chairman, the gentleman ha come just observation of the general topic, since then I have become more as close to my statement as I expected him to. I did not say and more strengthened in the conviction that my !)arty and my that the savrng of money was not an important thing, but appro President are right in saying that it is our duty to stop inter priating committees do not save money, tlley spend it. They ference with private business. My observation is that every appropriate moneyJ and that is the exact propos~tion which I time by the ·use of law we -attempt to regulate the tides of make. I say that the aving of the Governments money and commerce we interfere with the normal operation of forces not the spending of it hould be a ma.tte1' of some importance. which if left to themselves will cure the evils of the moment. I will tell you how you can :ave it. Pas laws for the things Every interference of this sort is an economi~ wrong, injurious for which we appropl'iate and not appropriate for things we d.o to all concerned, leading to violation of law, to disregard of not have laws for. I am not criticizing anyone for making law, to disrespect for Jaw, and putting additional bnrdros upon points of order, but we an know and every man in the United the people. Therefore, trying to apply what I understood my States knows that to. be on ~ big committee that has power to party to affirm, I object to legislation like this, openly pro- appropriate gives a l\fember of Congress standing and gives 192!. CONGRESSION.A_L RECOR.D-HOUSE. 1807 him power, and I do not he ·itate to say that I believe it fs a same OPIJOrtunity to ascertain his views about the rule as I fair principle in good government that no big legislative com had about the bill, and that is by his own talk. Now, I want mittee should have the power to appropriate money. to give a brief history of the bill that is before the committee. I believe that the way we are approaching the matter in this A brief history, and, I may say, a supplemental histm·y, of bill-that is, authorizing an appropriation and then letting the the packer legislation -may be of some interest to the House. administration of the bill run the gauntlet of another separate This matter has been, in one way or another, pending before the committee-is the· proper and economic way to run the Govern American Congress for more than a quarter of a century; but, ment and i the way to save money and not spend money. confining myself to a supplemental synopsis of it, let us begin Mr. DEMPSEY. Mr. Chairman, will the gentleman yield? with the report made by the Federal Trade Commission, after Mr. TINCHER Yes. their investigation of the packers. In this report the Federal Mr. DEMPSEY. The gentleman then, I take it, is totally Trade Commission denounces the packers, the five big packers, ignorant of the fact that the Republican Party went into the as a p.1onopoly, as unfair, as profiteers, as being guilty of cor last campaign on the is ue that it had saved billions, and rupt practices and unworthy. Immediately upon the filing and through what committees? Through the appropriating com publishing of this report the Congress resumed the considera- . mittees. They were the committees through which the savings tion of the matter of legislation to -cure the evils in the pack were made. The gentleman does not seem to be aware either ing industry. of the workings of the House or of the position that hi party The Department of Justice also commenced an investigation, took and upon which it won the last campaign. under the direction of A.. Mitchell Palmer, then Attorney Gen Mr. TINCHER. Oh, yes, I am aware of it. I had something eral, and It was heralded over the United States through the to do with the position which the party took, and I was in the press that he had sufficient evidence to prosecute the packers last campaign. Further, I have been a member of one of these criminally and to begin action against them civilly under the big legislative committees, and I have heard Members of Con then, as well as present, existing laws. gress say since the new rule was adopted that our country is The Committee on Agriculture of the House had had about going to the eternal bow wows because we concluded to have 50 days' hard work in hearings on the subject, when, like a clap a double check upon the expenditure of the Government's of thunder out of a clear blue sky, came the announcement that money. I am giving an example of this great rule, and I am not the Department of Justice had cured all the evils in the packing afraid to defend this rule which took from the committee that I industry by what is now the famous consent decree entered . am on the power to appropriate money, which has enabled me into between the packers and the Department of Justice, with as a member of that committee to be a party to the drafting of out reference to any existing law or to any precedent for such three or four bills that I think are constructive, and -which I a decree. This was followed by the Attorney General's appear take it the gentleman is opposing. I am satisfied to be just able ance before the Agricultural Committee, in which he took the to authorize the appropriation for the administration of these firm and unequivocal stand that Congress should not pass any laws to which I have referred, because they have merit and legislation ; that his decree had removed all the evils ; anti that because I believe we will have no trouble in getting from an in the future there would be no trouble about the packers. · other entirely separate committee an appropriation adequate Personally I had the pleasure of telling the Attorney General for the carrying out of their administration. The desire of the at that time that in my judgment the decree would do more appropriating committees to write the law and appropriate harm than good; that the interests of the great masses of the for it at the same time has cost this Government money. 'Ve people were not at all considered in the agreement; that the will never have any conservation so long as one committee does decree was a camouflage to stop legislation and to protect the the appropriating and the legislating. We should have the packers; and that the gr.eat publicity it was receiving was double check. I did not rise for the purpose of defending the unwarranted by the facts. However, the decree, and the Attor budget plan, but I think it is about time some one called atten ney General's ·attitude, had this effect, and so that you may tion to the fact. I think it is about time some one who is on fully understand that let me explain that in the Committee on one of these big former appropriating committees, whether Agriculture of the House of Representatives at that time there be is smarting under the loss of his power to appropriate the were about four or five Republicans unalterably opposed to Governm~nt's money or not-it is about time for some such any packer legislation ; there was a considerable difference of man to come out sb·aightforwardly and say what he thinks on opinion among the Republicans that were in favor of packer this subject. I have sat here and listened to this nagging and legislation, as to the extent to which we should go in the regu this criticism of the budget system, for that is what it amounts lation; the minority, or Democt•atic, membership of the com .to. I have sat here and heard Members of this Congress say mittee up to the morning the Attorney General appeared were, that now that 35 Members are legislating for everything, the in the main, for packer legislation and regulation, or had been l'est of us may as well go home. I have heard them say that for such legislation subsequent to the filing of this Federal Trade they have nothing to do; that the power was taken from their Commission report, or at least they talked that way in the committee to appropriate. My God, is that all the people send committee. Immediately after the Attorney General's testimony us here for-to appropriate and spend money? I have found. those Republicans of the committee who were opposed to any plenty to do and the Committee on Agriculture has found plenty legislation whatever insisted upon that as an excuse for not to do. I simply answer the gentleman to call his attention to reporting out a bill from the committee ; the minority member the fact that by this good rule the American people are about ship naturally hesitated to condemn their Attorney General, to havs three or four good laws at this special session of Con and there was no chance whatever to report any packer legisla· gress, and to say that four or five good men can handle a little tion out of the A.griculttu·al Committee during the special or . 40,000,000 appropriation bill for the Department of Agricul first regular session of the Sixty-sixth Congress. Then came ture, and I am frank to say they handled it just as well, if not the recess, followed by the short session of the Sixty-sixth better, than the 21 would have handled it, because every fellow Congress. The consent decree was in force during this recess, of the 21 would want to have some little item in it that did not and there is no question in the world but what every member otherwise get into the bill. of the Agriculture -Committee came to Washington upon the Mr. DEMPSEY. Will the gentleman yield? convening of the short session of the Sixty-sixth Congress Mr. TINCHER. No; I can not yield. firmly convinced that the decree was bunk, and that there had Mr. DEMPSEY. Will not the gentleman yield jn reference been no relief from it, and that there were lurking evils to to something he said about myself? the public in it, and that instead of being a cure for all the :Mr. TINCHER. I said I would not yield. evils it added to the evils; but in spite of this there were enough Mr. DEMPSEY. ·wm not the gentleman yield for just a members of the Agricultural Committee, as it was then com short question? posed, that were opposed to any regulation or law concerning Mr. TINCHER. No; I wanted to say-- the packers, combined with a considerable number of tho Mr. DEMPSEY. I want to say to the gentleman I am not op minority members that lost interest, to make it a very slow posed to this bill and that I would be very glad, indeed, to process, indeed, to get any legislation reported out of the hear the gentleman talk about the bill, because I wish to learn committee. about the bill. He has had lots of iime to study it. I am Mr. RAYBURN. Will the gentleman yield right there? ready to listen to the gentleman and learn. l\lr. TINCHER. Yes. 1\Ir. 'riNCHER. I want to say to the distinguished gentle Mr. RAYBURN. Did the gentleman state the decree was man from New York that if he is not opposed to this bill I camouflage and bunk-- misunderstood the tenor of his questions to the distinguished Mr. TINCHER. I propose to discuss the decree a little later gentleman from Massachusetts who just preceded me, and per in detail, and as I have only a short time, I would like to do haps I am entirely mistaken; perhaps he is entirely in favor that before the gentleman a l\S the question, and perhaps I of the new rule of only having 35 men, because I had only the may cover the proposition. 1808 CONGRESSIONAL RECORD-HOUSE. MAY 26 r 1\Ir. RAYBURN. I thinlc the gentleman probably, had better oly uptm the meat-food products of the world, that. such a mo ... reserve his cl"itici m of the fo1·me.r Attorney General until he nopoly is detrimental and injurious to the great masses. has sh,own the bunk. Through one agency of the. Government, the Federal Trade Mr. TINCHER. I will leave that with the genUem:en of the Commission" thiS. charge in the. form of a Government document House. • ~ JJ..as. bee-n given 1mblicity tlu!oughout the entire world. Our ex- This decree, in my judgment. had the effect of hastening .the: port market for meat has been absolutely· destroyed. The an passage of what might be considered by some as a very radiea1 S'\ver that the so-called evils in the- trade as mentioned in the packer hill in the United States Senate. This bill was refei·r:e<1 Federal Trade Commission repo~t have been cured by the con to the Committee on Agriculture of the House at a time when sent decree is no. longer toleTated or belie-ved by anyone. t01 have legislation at that. short session. meant that the Se.na~e - . The consent decree did three or four things, which I am go bill could not be changed in any particular. To· amend 1t m ' mg to enumerate: First,, it divorced the packers from the stock the slightest degree in passing: it in the House would me~n a , yards, and. while this part has not. been carried out-perhaps conference, and there: was sufficient opposition to the leg1sla- can not be urlrler existing aonditians-it does not amount tion in the Senate that everyone knew that a conferenQe- on to anything. It ne-ver made any uffferen.ce who owned th~ prtcker legislation at the shart. session of t'he Sixty-sixth Con- stockyarrls. ~ perhaps it was aU right for the- packers to· own gress meant its defeat. For several days the A.gPi-cul~al them; perhaps it was proper for them to. own thelll'.. Tiley Committee of the Heus.e was in a. fight; some of us. weJ;e· trymg shoultl! at al1 times, however, being a public utility have been to report out the Sena:te· 'Bill without a single· amerutmen~,. be- under Government ktw and control an.d . upeuvisi~n, as they lieving. that we·, ere ·at'l'anted in doing- that by the condition~ are undet: the bill now bcioTe yoQ for consideration. Th::rt part that existed',, though a: gr~at many were not. in full symtlathy- of the decree is: misleading to tite peopl~. Whether the stock and ac€ord witll the hill as it came to us. For seve~al day,s yards. n.te owned by packers 011 ay any- other individuals, they there was a tie in the committee;. which pievented the report- should be lilld.er suvervisioH,. as pro~ided foe in. this bill The ing out of the Senate bill; :tinall~:, by, a- majority ef one vete second p1·ovisi~n. ia tlle clecr:.e.e whicll. I shall mention wa the the Ho.use committee lle!;!Ol'ted its. ewn Dill,. whichr of course; di:vo.reing of the paekers frem the so-eaJ.lro rut elated lines. meant the defeat of any pa.ckett' 1-e.gis:la:tien for th.ft.t. session: of Tlren~ was a dema.nd for legi:i lation: alon'(t' tlli.s line,. coruin~ ft'Qm Congr:es . Everyone in the committee kne:w that, but: it was· tile whe~lesale. · grecers ;, tkere- \v.us ner law aiatlw.riz.in"' the entell· amusing to observe the t.'letics used by certain 1\fe.mbers of i.ng. ot thiS deCl·ee It has atmined· whfU:ev?.r: validity it lt:l · @y Congyess from that day on till the session d'Gsed!, in pretending· viutu& af' its. being hy agreement. aa< though they thought the paeke:r hlll .repoxte.d aut by th-e: M~. . J:A£JfiWll. lV.ill the O'entlema:n1 dehle- House- committee ceuld pass1 amd that we ceul.d have it as a ::Ur. TINCHER I will. la:w at that session of Cen.g.rreSEr, when~ a:s a. ma.ttmr a:fl filet~ Mr.. JACOWAY If' I 3lli\ not mistrrken; tl1~ decree- tooR in' every Member of Congres knew. thelll that the: House h4il1i was- ~ evecyt:hfug, ex:eept J20W ·ry and ezgs·, that the- ]i>acker ell reporte:dl insteatl of the Serurte· bill,. a:nd there: was D.Ql eha.nce. M . Ri;\..YB.1JRN. l!t did. not ~alm in any.thing- th< pack.ei's. whateve11 for leg,islatiolll in th-e Sixty-sfx.th Congress. : made out o:fi. any bea"{l of liJiie stock. Ml!'. HUDSPETH. Wi1t the gentlellUl;D.: yield right there?· I . 1\k. 'I'INCEIER. The; €1ecree. is Pllinted. know the gentleman; is fumiliar wft.1l! ~vecythi:ng in thee Kendriek- : Mr: R-AYBURN. It· did di:v.G£c~ tl1:em nom. gotng- int() thf!J Kenryon bill ~ hicll: passed the· S'ewrte. . mon.apoli:z:i:llg 0.11 the• bu: mess, of tb~ feedl ptadu.e o:l theo l\lr. TINCHER. Thai is what I am ta;lking, abo.utl. . eormtry: Mr. HUDSPETH. Whieh was: inao1·sed by: the Texas. & Soutlli- ·Mr. TINC:EIER The a.J!gllmen:t fo.~: · tha:t po:J:tro.n of tire: deer.ee western. Cattle Raisers' Assoeitl.timi:, whi:Ch has the largest . b;y- the Depmrtm:ent of JitiStie.e is the: mo t la.llghabl; thin~ cattlemen membership. in the wm:ld. I w.ant to ask IllY.' :furend imaginable. They: said unless: the paSition. day? Theo only. reasonable. dedw:!tiDu flrom that. a:rgum'ell:t and from Mr. 'I':IN'CRER. The Kendr.kk-Ktmyon. hill never did_ pas& ·the deeree: itself wouid be that th~ Dep'3lrlmeat of .Tu tiee eon: the Sena.te. It was. the. €hmrna b-ill wbiclll ftnally- passed the . cbrd.Rd that the Go:vernmen~ sliowd J.Dermit the> packer .1m h:a:ve: Senate. an: absol'li£e monopoly on. alll tl're meat produats 0J the> land,. bu:t· Mr. HUDSPETH. It was altmg· the same line and p:mctfcally· tlltat they. would not let them:. have- it: u.pon; anything else.. As a: th.e' same. · matter of' fact,. there were ce:t:tam u.nxehrted lines the onlS Ir-. TIN<0HER. The Gronna f)ill created a: commiSsion,. andl marketing: faeiiUies in emtenee for wlliilll were owned: by tile· lliere was eunsiderafile- difference r. d~ not w.ant to- stop new· five bi~ paillrs, and th:er:e. is one section of California where tO' 0'0 inta all of those: features, aitl'lu11gli r would· fie gia·d: to-. tfie famners. ha:ve- ab.solutecy Ibst a: year' ' crrep by reason: of this later on if! I have the time~ decuee. Some regulatio~ or the· paclmr was undoubtedly· nee - Mr. HUDSPETH. Before· the gentleman takes: his seat I sa:rY", but to. just, in thiS blunt, unscientific. consent d.e~ree,. d:e would like- far him fo poinf out' the chief diffexenees, becaliSe stroy competition. anti leav;e for waste a great portien ot tllic I have- been informed: that the paekers- have withdrawn• their" fe.od: pr.GG'acts o:f this Nation. has. had! the· condenmatioe of ll oppo ttion to· tfii.S bi:II,. and r know they were violently opposed . .Amem.":c.aJlSI familiat. wirth it ev.e~ sinee. Third, tel· my mind the· to the Kendrick-Kenyon bilL most: deplorabfu thing irr the decree· is that portfun of it. pre- Mr. TINCHER. At tfult same sho-rt session of' Congress some- venting- the packe1·s .. from selling t€l the-- consum r any of fu ir of us had worked hard in an effort to report out the- wheat prodltcts. The- decree iS so. werded that the onl.y consUIIlers futures control bi11, but there was no chance, as the- cemmittre the packers can ell: tta are their own employee . ~ow~ re then stood, to report the bill at an. Immediately upon the con- member thnt this. dee-ree was entered into at a time wilcm there vening of the Sixty-seven& Congress in special! session th& was mone diife.tence between the 1Jrice o:f meat on foot and orr proponents ef these two measmes began an earnest activity for tile table than there ev~ was in the history of tll! world. To the repo.rting- ot them out of the com:mittee1 whl'Ch has resulted encourage meat productiOn and to encourage meu,t consu.mption, .in the passage of the wheat futures eontrol bill by the House, to benefit the produ~er and the aonsumer, the difference, betwe ~u and I think it will within a: very short time· have passed the the price the producer recetves an.d the consumeu pa;y ·houid other legislative body and nave·llecome m raw. be- reduced in eV'e1·y; possible ·wn.y. Yet liere wu: , :1 u'ecree of Time manipulati'on by the boards of trade, and inf'o1·mution court entered into by consent, nat only without any speciti€ la\Y coupled' with new blood on the AgrienltllT'a:l: Committee, resulted authorizing it, but in violation of the fundamentml taw of tile in a unanimon report for that measure. The same- thing has land. The· pach~ w~s glad eneugh to. make that agreement ; he happened with respect to this bill. This is a good bill, a great was undoubtedly subJect to the abuse of both the consumer and step forward in Government, ba..cked by a unanimous report of the producer as to this, great spread' of differenee. After. the tlle Committee on Agriculture. It is net IJUtting tbe Govern- decree was entere(E all he- had to do was to say that he was ment in busine as is so often denouneed in theo press but it barred b.y: the. courts from having anything whatever- t do does outlaw cert~in practices in Government, and am~nts te with the pri.ces for which the foed~ products he wu haruUing goon business in Government. Sometimes I get we_ary when I were ultimn.teLy- sold to the consumw. This was vicious UJll reacl or llear some colleague ranting about the- Government in warranted, un-American, and has had more to d0; with bank business. Go\"'ernment through law, very prope-Piy, has. consid- · rupting the· produeQlT and half starv:~g. the c?nswner than. any erable to say concerning business. The necessity foc this legis- . other one thing than e¥er, happened! ill Amencn. Iation is now more manifest and perhap more real than ever Personally I am against eonsent cteerees a a: means. of Ill.ftk. before in th-e hi tory of our country. Thet·e- is a feeling well : ing laW' fol:' government in this coun.try~ I do· no:t: be~v-e · that grounded· upon the part of the produeers and consu.mers of this· a court shonld have the power. the nght to enter a votd decree, country that there are five great industries that have· aJ m~mop-- 1 a; deer~ not based upon a,uy. law, a decree tleclaimillg ·omething, 1921 . OOlJGRESSIONAL R.ECORD- HOUSE. 1809 to be unlawful, simply IJecause some parties claiming to have Mr. FREE. Absolutely. It put us out of business this ~· ear. an interest in it agree that it mall be entered. It occurs to me Mr. RAYBURN. The question that I was askin_g here was that this is manifestly un-American and wrong, that it is not whether the gentleman was in favor of the business they were worth while to discuss it. engaging in in gat11ering in other bm,;iness that had nothing to 1\lr. KINCHELOE. Of course, I take it that the gentleman do with the packing uf meat? expresses the opjnion as an individual and not as a representa Mr. TINCHER. Here is a man that comes along and says, tive of his party. I would like to ask the gentleman-- "I am going to make them quit handling berries or apples, Mr. TIKCHER. I am expressing it as an individual and as because if they handle them they will get a monopoly of them." a Republican and as a Kansan and as a cattleman. I differ with that man. The only presumption is that that man Mr. KINCHELOE. Does the gentleman want to say the wants a monopoly left on that which they now handle, and it views he bas e),.-pre. sed upon this decree are the views of the will only increase the monopoly. I disagree with the ex Republican Party? Attorney General, in that I believe we are going to regulate 1\fr. TINCHER. I hope they will be if the party ever takes tl1is business by law. any action. Mr. RAYBURN. The gentleman is going to allow them, then, Mr. KINCHELOE. That is what I wanted to ask the gentle to stay in this business, and then regulate it? Is he going to man. Can the gentleman tell the committee what the views regulate the little grocery or· dry goods stores in the country are of the present Attorney General of this administration? that are in that sort of business? Mr. TINCHER. I do not know the views of the present Mr. TINCHER. I do not think there is any comparison at Attorney General, but when I called the attention of the Secre all between five institutions that have a monopoly upon certain tary of Agriculture in the committee to my views on the sub few food products of the whole world and a little country ject he called my attention to the fact and said I had borrowed grocery store. them from him because he said he had printed them along Mr. RAYBURN. That is what I have been trying to get the about the time the decree was made, and he seemed to think gentleman to say. we were thinking along the same line. llr. HUDSPETH. Right ther:e. I would like to suggest, that Mr. KIN"CHEJLOE. The point I am making is that the gen under thi-s bill you regulate the packer a\1d forbid him from tleman well knows that if this decree was to be amended or set entering into a combiilation as to the price of live stock. Un aside that the Attorney General can do it. der this decree, they divorce them from the stockyards. Is 1\!r. TINCHER. I hope he does it. the gentleman in favor of that when they can ab olutely ha.ndl~ Mr. RAYBURN. Does the gentleman mean to say he in the cattle in the stockyards and they agree to that decree? dorses ·the theory of the packers not only changing off, but each ~Ir . TINCHER. I believe that stockyards should be regu year and each month gathering unto themselves another line of lated by law; and it never did appear to me to make any differ business not at all relating to the packing IJusiness, the slaugh ence as to who owned them. They are divorced from them by tering or manufacturing into by-products those things that the decree. They can not get anyone to finance them. What come from the cow or hog or sheep? difference does it make who owns the yards if yC'u pass a bill Mr. TINCHER. I have alw!lys been in favor of the regula like this, a constructive bill, that places them under the Gov tion of the packing industry by law. I have been for years ernment control? convinced that they were big enough, that it should be properly Mr. HUDSPETH. Is it not easier for five men to fix the regulated by law, but I do not think the way to regulate-well, prices than it would be for 500 men? I do not think we could have passed a law compelling this Mr. TINCHER. I nev-er knew how to make 500 men buy or consent decree to have been made as a legal proposition, be own those stockyards. That is mere detail. cause I do not think we can say to a class of men, " You can Mr. HUDSPETH. They have a certain time. not buy, you can not go out to 1\lr. FREE's district in California, l\11;. TE1.~ EYCK. \Vill the gentleman yield? like you_ have for 20 years, where you have the only h11own Mr. TINCHER. I will. _ market facilities to handle the produce in the district." Mr. TEN EYCK. Is the gentleman in favor of abolishing the Now, Mr. Chairman, permit me to say in closing that I con entire decree? sider the bill tmder consideration to be a most com;tructive, ::.\lr. TINCHER. I will say to the gentleman that I am abso fair, and necessary piece of legislation. The House committee lutely against government by decree. I am against any set of ·has held hearings, which in printed form comprise eight large men getting together that are interested in something and, in volumes, The Federal Trade Commission printed reports com absence of law on that subject, entering' into what is called prise four or five large volumes on this subject. In the in terests of the business of producing Jive stock this matter should in this ca. e a consent decree to operate as a law of the people o:t be settled by law. I am not going to take the time of this House this country. and this committee in discussing the evils that exist, that this l\1r. TEN E'fCK. The gentleman ha not answered the bill will CUI'e. Time has demonstrated that the business of question of whether he is in favor of repealing the decree in its producing meat in this country can not be carried on under entirety. existing conditions. It is my judgment that the passage of this l\1r. TINCHER. Well, it coYers a good many pages and there bill, that its proper administration, will permit the meat pro might be a line here and there that would be all right. There ducer to exist; that it will reduce the amount paid out between might be something in it that is in accordance with law. the producer and the consumer to such an extent that it will ::.\lr. l\IADDEN. The gentleman is in favor of laws being en- make the business for the producer more profitalJle, and not be acted by Congress instead of by the Attorney General? injurious to the ccnsumer. This condition is so patent and Mr. TINCHER. I urely am. manifest that it hardly requires an al'gument. When yoa stop ::.\Ir. S~EVENSON. Will the gentleman yield for a question? to think that a beefsteak for which you pay a dollar in Wash ::.\Ir. TINCHER I will. ington is sold by the pr_oducer for less than a dime, gross, it :Mr. STEVENSON. On a good many occasions last summer does not seem that any argument made by man could lllltke the I heard this expression, that " We want more business in the matter more clear. Government and le s Government in bu iness." I am proud to be a Member of this House. The Sixty-seventh The CHAIRMAN. The time of the gentleman from Kansas Congres will, in my judgment, take a rpo t important place has expired. in the history of this country. This Congress has manifested, l\lr. HAUGEN. :::Ur. Chairman,. I yield to the gentleman five and shown by its willingness to pass laws its interest in the minutes more. man that is feeding the world to-day, that was never manifested Mr. STEVENSON. Does thi.o:; bill-and I notice that was by a former Congress. Conditions on the farm are bad. No epitomized, and I rather approve it, in the inaugural address law pa sed by the Congress can absolutely cure them, but we of the President-does this bill intend to have a little more can, and we will, and we are showing the producer that such Government in business now or a little more business in Gov laws as are neces ary and as will help and as are fair are ernment in the legislation? Is it driving-- going on the statute books. The farmers' cooperative act, Mr. TINCHER. This is driving in the right direction. which we passed, the tariff bill, which we have already passed, [Laughter.] the grain futures act, now pending in the Senate, and this bil4 Mr. STEVENSON. 'Vhich is the right direction? which this House will pass within a very few hours, is a :Mr. TINCHER. I am decidedly impressed and pleased with program of which any mllil representing an agriculturaL section the interest the distinguished gentleman is taking in the wel of this country and having the cause of his constituents at heart fare of the party that I think so much of. We never meant that can well be proud. we would not pass laws, for instan.ce,. against gambling in the You must know we are going out there and buying that Chicago grain market, although they used that same identical product. A.nd I will leave it to the gentleman from California term and said it was too much Government in business. Tiley [Mr. FREE] if that i not what happened this year? did not mean in th~e platforms and declaration..,, as I under- 1810 CONGRESSIONAL RECORD-HOUSE. ~fAY 26, stood them, that we would repeal any laws against larceny or these packers for the benefit of the consumers and the pro burglary, or anything of that kind, although that is Government. ducers of this country. Mr. STEVENSON. Will \Jle gentleman yield? Here is this decree that was entered into voluntarily between Mr. 'TINCHER. Gladly. the Department of Justice while Mr. Palmer was Attorney Mr. STEVENSON. Does the gentleman mean to state that General and these five packers. Now, as the gentleman from larceny and burglary are business? Is that his idea of "put Kansas [Mr. TINCHER] says, the main things the decree doe::! ting out of business "-the prohibiting of larceny and burglary? are: It undertakes to divorce the packers from the ownership 1\Ir. TINCHER. I did not mean to say it was business, but and operation of the stockyards, and it forbids them from deal there was considerable feeling that there has been a lot of it ing in any unrelated lines of products, and prevents the packers going on in the past four or five years of the past administra from retailing any of their products except to their own em tion, and I did not mean that we were not going to stop that. ployees. I do not know whether this decree is a good one or a I will say to the committee that I think this is a good bad one. I am not qualified at the present time to say. But mea ure. I do not think anyon_; can say that it is radical. I I say this to the gentleman from Kan a , that if it is a bad de think it is a ::.tep in the right direction. I want to say to this cree, if it needs remedying, his present Republican Attorney House, that after that bill passed last week some people said, G:e~eral can remedy it .to-morrow. Why, one of the last pro " What good will it do?" Has anybody noticed that when the VISIOns of the decree provides- time for deliYery of May wheat is up it is admitted now there ~8. That the jurisdiction of this. cause be, and is hereby, retained by was a monopoly that had been manipulating the May wheat th1s court .for the purpose of taking such other action or adding at the market until they got the wheat out of the hands of the farmers, foot of thi.s decree such ot~er relief, if any, as may become neces ary or appropriate for the carrymg out and enforcement of this decree and and they put it up, and May wheat went 50 cents higher when for. the purpose of entertaining at any time hereafter any applic~tion the contract time was reached? Have any of you noticed that which the parties may make with respect to this decree. July futures are selling now at 50 cents a busi..lel less than cash wheat, and do you not Imow that if you can get that out Mr. ANDERSON. lllr. Chairman, will the gentleman yield? of the hands of the farmers between now and July the wheat 1\fr. KINCHELOE. Yes. will come up to the option? There are farmers of this country Mr. A.l\TDERSON. Is it not a fact that, with the consent of that are not asking for special legislation, but simply want the the packers, the Attorney General can effect a modificn tion of law to give them a fair deal, and if they will receive it they any part of this decree on the order of the court to accomplish will gladly-- the modi:fica tion? ~ Mt'. MANN. I do not want to take time to reply to the last Mr. KINCHELOE. Absolutely ; and everybody know he can statement which the gentleman has thrown out gratuitously. get the consent, and the enthusiastic consent, of every one of The gentleman discussed very interestingly a little while ago these packers to-morrow. And everybody further knows that the subject of the consent decree. I do not understand, unless b.Y getting their consent, with the consent of the pre ent Repub I am mistaken, and so I will ask the gentleman this : There is lican Attorney General, the court would wipe it off it record; nothing in this bill relating to the consent decree? and, of course, e\erybody knows the packers would be glad to Mr. TINCHER. I will say to the gentleman that this bill wipe it all off. · was drawn without any reference to the consent decree. It is Mr. FREE. 1\fr. Chairman, will the gentleman yield? the duty of Congress to make the law. But I \Vill say to the Mr. KINCHELOE. Yes. gentleman that the successful administration of this bill by 1\fr. FREE. I am perhaps more interested in that decree the Department of Agriculture will, in my judgment, either than any other man in this House, and I happen to know that necessitate the ignoring or the cancellation of that decree. one of the packer will not. agree to the modification of that Mr. MANN. If this bill works successfully it may be neces decree. I propose, if this bill is carried to ask this House to sary to change or modify or cancel the consent decree. instruct the Attorney General to- modify that decree. Mr. TINCHER. Yes. I had so much feeling concerning the Mr. KINCHELOE. I will say to the gentleman that he is consent decree since it was entered and since it has been going letting this packer fool him on that proposition. on that I wanted to say what I thought about it l\1r. FREE. 1\fr. Chairman, will the gentleman yield? Mr. MANN. I do not think there shoul Therefore it is up to Mr. Daugherty, the Republican Attorney lli·. RAYBURN. The packers know whom to send when they General~ at least to give the Agricnltural Committee in execu ·end hfm. He is rr man of great ability. tive session a little light on the pro}?osition ; and as long us your Mr. h.'"INCHELOE. Yes; I think he bas rno·re knowledge _of Attorney General, repiTesenting the Department of Justice of the packing business tlwn any of them. But they all had the United States, refuses to say what he wants done, I, as a representatives Ilere, anti they ali said that tlie.ir main objec Member of Congress, will never- vote to disturb · a line, jet, or tion to re·gniation in any bill was the question as to whose tittle of this decree until I can hear from him. Ilands the :~;egulation ·bould be placed in ; and not only the Mr. PARKS of Arkansas. Will the- gentleman yield for a packers but the live-stock men and· the farmers' organizations, que tion? ali of them, according to my recollection, agreed that it was Mr. KINCHELOE. I yield to the gentleman from .AI·kansas. better to lodge- this power in the Department of Agriculture Mr. PA.RKS of Arkansas. The~ gentleman has this. bill and than in any otller department of the Government. the decree before him. In the gentlemanrs judgment is there a Mr. BLACK. Will the gentleman yield'! single~ clause in this bill that conflicts with the deeree, or that Mr. KINCHELOE: I yield to tlle gentleman from Texas. warud rep-eal it? Mr. BLA.CK. As I under. tand it, the duties of these employees Mr. KINCHELOE. Absolutely not a word. It was. the in of tile Bureau of Animal Industry are to in:~pect carcasses and tention of the committee in drawing this bill as rep0rted not food products and by-products with a view to determining to touch that decree one way OJ." the othe:r. whether or not they are sound and wholesome. Mr. BOX. Will the- gentleman 'Yie·ld? Mr. KINCHELOE. Under the present law. Mr. KINCHELOE. I yif'ld to the gentleman from Texas. Mr. BLACK. One provision of this bill virtually reenacts Mr. BOX.. The gentleman heard the statement of the gentle the interstate commerce law and makes it applicable to Hre man f'rom Kansas· [l\-!r. TINCHER] that. the propel· enforcement stock yards. of this a.ct by the Secreta1·y of Agriculture would require the ~Jr. KINCHELOE.. Yes. cancellation or ignoring o.f the decree. Does the gentleman Mr. BLACK. Regulating fares, charges, rates, and so forth? from Kentucky agree with that statement? lUr. KINCHE-LOE. Ye. Mr. KINCHELOE. No; I do not think it would do that at Mr. BLACK. Will not that be: a very diffe1·ent sort of duty all. There \Vould be no conflict of authority at all, because from that of inspecting carcasses and determining upon their this bill dae. not touch the decree· one way or the other. · soundness and wholesomeness, and so forth? Mr. CAMPBELL of Kansas. WiiT the gentleman from Ken~ ~fr~ KL~CHEWE. The gentleman refers to- tile personnel of tucky yield? the employees?' Mr. KINCHELOFJ. Yes. Mr. BLACK. In otlier words, can the employee in tl1e Bureau Mr. CillPBELL of Kansas. In order to be accurate, I think of Animal Industry possibly fill the dual position of regulating the gentleman. from. Kansas [Mr. TINCHER} said it would neces rates and charges under provisions ve-ry similar to those sarily set aside ome phases of the decree, not the entire decree. carried· in the interstate commerce act and also· perform the Mr. BOX. I do not know that he said it would set aside duty of inspecting carcasses to see whether they are sound and ill~tt . wholesome? Mr. KINCHELOE. Of course he· can elaborate on that. I Mr. KINCHELOE. PI·obably the present personnel could not,. do- not know what be had reference to. · but I take it that the Secretary of Agriculture admini:rtering Mr. nUDSPETH. Will the gentleman yield? the law would: delegate those qualified to do itr Mr. KINCHELOE. I yield to the gentleman from Texas. The CHAIRMAN~ The Oil air would· like to state tl1at ihere Mr. HUDSPETH. What is the difference between this bill was a tacit agreement that the time should be divided between and the Kendrick-Kenyon or Gronna bill which passed the Sen those who favored the bill and the opposition. So far the oppo ate at the last session? sition has occupied 30 minutes. The gentleman. from Iowa Mr. KINCHELOE. I do not think there is any matedal [Mr. HAUGEN}, chairman of the committee .. has used 111 min. difference at .a14 except that the bill which passed the Senate utes and the gentleman from Arkansas [M.l~. JAcowAY], of the provided for the creation. of a commission of three men to· he minority, has used 43 minutes, and the opposition has so far appointed by the President to administer this law, and the pres used 30 minutes·. ent bill provides that the law shall be administered by the Sec ·Mr. RAYBURN. If the Chair will pardon me, several gentle- retai'Y of Agriculture. I think that is a wise provision, and the . men are inquiring about the time. They tho-ught when we went reason for it is tl:.at the Secretary of Agiiculture now has in the into the consideration of the bill there was as much of an Bureau of Animal Industry, as I believe the hearings showed, agreement as could be made that the debate would run alo-ng abeut 800 men in the stoclcyanls, 400 men in Chicago alone, all the afternoon. The gentleman from Iowa has been recog enfm·ctng the provisions of the pure :food act which relate to nized for an hour and the gentleman from Arkansas has been meat inspection, and they have men in every packers plant in recognized for an hour, and I want to ask if it is the intention the United States; of the Chair to- recognize these gentlemen for an additional The CHAffiMAN. The time of the gentleman has expired. hour, or some other Member in opposition? Mr. KINCHELOE. May I have tllree minutes more? The CHAIRMAN. There was no definite agreement in re Mr. JACOWAY. I yield to the gentleman three minutes more. gard to that matter. '.rhe Chair concluded that it would be Mr. KINCHELOE. First and foremost, if you appoint a: com- better to recognize the chairman of the committee and a repre mission of three men you do not know whom you are-going to sentative of the mino.rity of the committee, ancl that they could get. They have no responsibility outside of their own duties. so arrange it as: to. give the opposition time. If this duty is devolved upon the great Department of Agricul ~1r. JONES of Texa.q. 'Ihat was a part of tlle agreement. ture, it is only one of the hundreds of duties of that department, 1\Ir. Chairman, where there was no limitation that such time and naturally it will be the ambition of the Secretary of Agri should be controlled by the gentleman from Iowa and the gen culture not to destroy business, but to- assist business in every tleman from Arkansas. wa-y possible. Mr. HAUGEN. I said that we would divide the time equally :Mr. HUDSPETH. ...1\s a regulatory measure, regulating the between those in favor of the bill and those against. Mr. Chair packerr, is this measu1·e as strong ag the Kendrick-Kenyon- or man. I yield one minute to the gentleman from Illinois [Mr. G ronna bill? lliDDEN]. l\11·. KINCHELOE. I do not· know what the diffe1·ence is. Mr. MADDEN. Mr. Chairman, I ask unanimous consent on ~r. RAYBURN. WiU the gentleman yield? behalf of my colleague [1\Ir. RAINEY], a membei' of this com· Mr_ KINCHELOE. I yield to the gentleman from Texas. mittee, who was obliged to go home on account of sickness in Mr. RAYBURN. Does· the gentleman think the packers his family, that he may extend his remarks in the RECORD on would have withdrn.wn the opposition that they had expressed this bill. · to the Gronna bill, and that the packer banks and some men The CHAIR~IAN. The gentleman from Illinois asks tmani who had borrowed money from those banks would have with mous consent that his colleague [Mr. RMNEY] may be permitted drawn their opposition to this bill, it the only differenc-e hacl to extend his remarks in the RECORD on this bill. Is there been that of the commission'! objection? Mr. KINCHELOE. All I know about it is what 1 have There was na objection. • learned from the hearings that I have attended since I have Mr. .JACOW AY. Mr. Chairman, I yield 10 minutes to the been a member- of this committee, and everyone who represented gentleman from Texas- [Mr. BLANTO!ir] .. the packers said substantially the same thing. Mr. Wilsmr; of Mr. BLANTON. Mr. Chah·man, the gentleman from Massa· the Wilson Packing Ca., came himself,. and. I wili say that I chusetts [Mr. LuCE} is against Government control of business. think he is one of. the highest class men in the businegs, and I He does not belieTe t11e Government has- any J;ight to ann\hilate think he knows more about it than any of them. a business, and he does not believe tila.t the Government has .- 1812 CONGRESSIONAL RECORD-HOUSE. 1\tfAy 26, any right to control one, according to his argument. The gen mission. in the order of the ratings made on the examinations, and the appointing officer has to make his selection from groups of three in the tleman from Massachusetts has a different opinion now from order that the names appear on such eligible list. what he has had in years past and what others of his friends As far as I know, and to the best of my belief the question of in New England have had. I might call his attention to some Whether a per:son belO!JgS to a labor organization Or not is not consid ered by th~ C1yil Serv1<;e. Commis~ion in conducting its examinations or ·of the constitutional provisions. The thirteenth amendment not preparing 1ts.list~ of eligible applicants for positions in the Government only controlled a business but annihilated it. It put the slavery service. ,No mqmry is made by this office as to whether persons eligible business out of the United States, and I approve of that amend fo_r .a.J?I?Omtment are. or are not members of labor organizations. Their eligibility for appomtment is determined solely by the civil-service ment, although I am a southern Democrat. It has my hearty requirements. Nor is there any rule that an employee shall or shall not approval. Coming down a little later to the eighteenth amend belong to a labor organization in order to retain his position in the ment, we put the liquor business. out of existence. And I Government Printing Office. If by the term " open shop " you mean a place where a person may be employed regardless of whether he belongs heartily approve of that. But it seems that in Massachusetts to a labor organization, then I presume the Government Printing Office alone there comes a protest against regulating and putting out may be called an " open shop " under the system of appointments of existence certain businesses. Because I note that day before through the civil service, as I have above stated It is but fair to advi.se you, however, that I have been informed that yesterday our distinguished and beloved Speaker introduced in most of the employees ~n the skilled trades of the Government Printing the House the following resolution, to wit: O~ce do belong .to their respective labor organizations. Such member ship, I assume, IS a matt~r entirely in their own discretion. I tal{e it [H. J. Res. 131, 67th Congress, 1st session. In the House of Repl'e that they have the same right to become affiliated in. trade oraanizations sentatives. May 24 1921. Mr. GILLETT introduced the followillg as we have to join the various religious and fraternal organizations joint resolution, which was referred to the Committee on the Judi that may seem beneficial to us. ciary and ordered to be printed.] In regard to an Executive order making the Government Printin"' Joint resolution pr()posing an amendment to the Constitution of .the Offic~ an " open shop,". I presume that you refer to the action of United States. Pres~?~nt R~osevelt wbi~ was pro~pted by the io-called "Miller Resolved by the Senate and House of Representatives of the United case m lDO~. W. A. M1ller, who was a bindery foreman in the Gov /;Hates of America in Oongrl3ss asse1Jtbled (!too-thirds of each House e~nm e nt Printing Office, was reported to have been dismissed at that concurring therein), That the following nrticle is proposed as an amend hme by .the then Public Printer following Miller's expulsion from the ment to the Constitution of the United States, _which, when ratified l()cal umon of bookbinders. The Civil Service Commission refused to by the legislatures of three-fourths of the several States, shall be valid recognize Miller's expulsion as a just ground for his removal from the to all intents and purposes as a part of the Constitution of the United Govern~ent Printing Office and requested the Public Printer to re States, namely: assign him to duty. In ordering the reinstatement of Miller President 11 ARTICLE XVIII. Roosevelt said in his letter of July 13, 1903, to Secretary' Cortelyou " SECTION 1. Polygamy and polygamous cohabitation shall not exist ~f the. Department of Commerce and Labor, whom he had directed to withjn the United States or any place subject to their jurlsdlcti()n, rnvest1gate the matter, that- · "SEc. 2. Congress shall have power to enforce this articl~ by appro- "0~ the fac~ of. the .papers presented Mi_ller would appear to have. priate legislation." . been removed m violation of law. There 1s no objection to the em ploye~s o~ the Governm~nt Printing Office constituting themselves into Note, Mr. Chairman and gentlemen, that he designates it a umon 1f they so desue; but no rules or resolutions of that ·union "Article XVIII" of the Constitution. We now have already in ~an be permitted to override the laws of the United States, which it IS my sworn duty to enforce. the Constitution an "Article XVIII," which is the eighteenth or "Please communicate a copy of this letter to the Public Printer for national prohibition amendment. · his information and that of his subordinates." I am in favor of that. But I am not in favor that even now Miller was accordingly reinstated by the Public Printer and re our distinguished Speaker should do away with our prohibition turned. to his work in i;he Government Printing Office. Presiden~ Roosevelt IS quoted as having further defined his position amendment and substitute therefor an amendment prohibiting to a committee of labor men who called upon him on September 29 polygamy [laughter], though I am strongly against polygamy. 1903, in regard to the Miller case, as follows : ' "As regards the Miller case, I have little to add to what I have I dp not know why the Speaker of the House of Representatives already said. In dealing with it I ask you to remember that I am apparently should be against our prohibition amendment simply dealing purely with t~e relation of the Government to its employees. because it regulates and absolutely controls private bu inE>ss to I must govern my actiOn by the laws of the land, which I am sworn to administer, and which differentiate any case in which the Govern the extent of annihilating it, although he comes from the same ment of the United States is a party from all other cases whatso State as does the other gentleman, Mr. LucE. Why, there is ever. These laws are enacted for the benefit of the whole .\leople and plenty of room in the Constitution for both these amendments. can not and must not be construed as permitting discrimination against some of the people. I am President of all of the people of the United I hope that the distinguished Speaker of this House will re States without regard to creed, color. birthplace, occupation or social introduce this resolution and change his Article XVIII to Article condition. My aim is to do equal and exact justice as among them all. XX and then it will not supplant the prohibition amendment. In the employment and dismissal of men in the Government service I can no more recognize the fact that a man does or does not belong We then will have them both. But that is not what I got up here to a union as being for or against him than I can recognize the fact to say. [Laughter.] that ~e i~ a P~otestant or a Catholic, a Jew or a gentile, as being One of the employees of our Government Printing Office not for or agamst him. long ago appealed to me, stating that he was forced to join a " In the communications sent me by various labor organizations protesting against the retedtion of Miller in the Government Printing labor union down there in order to hold his position; that every Office, the grounds alleged are twofold: (1) That he is a nonunion other man who works down there with him is forced, after they man. (2) That be is not personally fit. The question of his personnl come there from the civil service, to join the union or they can fitness is one to be settled in the routine of administrative detail and can not be allowed to conflict with or to complicate the large1! not continue to hold their jobs; that they have been assessed 5 question of governmental discrimination for or against him or any per cent of their salary, and lately they have been assessed an other man because he is or is not a member of a union. This is the other 10 per cent by the union to maintain the strike . now in only question now before me for decision, and as to this my decision is 1inal." the United States, and he says that it is more than he can stand, Trusting that this statement furnishes the infot·mation you desire, and he wants to know whether if he refused to pay the assess I beg to remain, ment and they kicked him out of the union and made him lose Very sincerely, yours, GEORGE H. CARTER, his job if Congre5s would stand behind him and help him hold Public Printer. the job. I want to say right here that I greatly admire and respect the Therefore I want to say not only to the employee in the Gov present Public Printer, who deserves great credit for what he is ernment Printing Office who wrote me the letter but also every doing. I think a lot of him. He is bringing about lots of other employee of this Government, in the Government Print worthy reforms in the Public Printing Office. He is a splendid ing Office and in all other departments, that, according to this gentleman. I take my hat off to him. I wrote him to find out ruling of President Roosevelt, which I take it will be upheld whether or not the state of affairs complained of by one of his by the present great President of the United States, a man does employees would be permitted to exist in that department, and not have to join a union or any other kind of organization here is his letter : against his will in order to hold his position as a Government OFFICE OF THE PuBLIC PRINTER, employee, for we are to maintain the "open shop" in thl3 Washingto1~>, May 25, 19BL Nation's Capital, and if there are employees in Washington in Hon. THmiAs L. BLANTON, the Government Printing Office or elsewhere who think that the House of Representatives. assessment of 10 per cent and 5 per cent or any other per cent MY DEAR MR. BLANTO~ :· I am pleased to acknowledge receipt of your letters of Uay 13 and 24, asking to be advised as to whether the Gov is too great a burden upon them, they have a perfect right to ernment Printing Office is run on the " open-shop " basis and whether get out of that union and still hold their jobs, and I believe an order was issued by the President making this office an " open shop." President Harding will stand behind them and protect them I regret very much that owing to the demand on my time by im portant investigations and personal illness during the past week I have just as the great Theodore Roosevelt stood behind nnd pro been unable until now to comply with your request. I tt·ust, theref()re, tected this man Miller. -[Applause.] that you will pardon my delay in this instance. l\1r. JACOWAY. Mr. Chairman, I yield 10 minutes to the Every position in the Government Printing Office, except that of the Public Printer, his private secretary, and certain laborers employed gentleman from Texas [Mr. BLAcK]. - under an Executive order during the war, is under the civil service. Mr. BLACK. Mr. Chairman, the gentleman from Kansas Accordingly, with these exceptions, every appointme.nt bas to be made [Mr. TINCHER] in discussing this bill said that its regulatory from lists of persons who have passed the competitive examinations as beld under the direction of the Civil Service Commi sian. As you un provisions were so re.asonable and framed in such way that he doubtedly know. the eligible list is made up by the Civil Service Com- thought there would be no serious objection to the bill. There 1921. CONGRESSIONAL R,ECORD-HOUSE. 1813 is one prov1S10u in the bill that I think goes very far, and I Mr. BLACK. I confess I have not had time to look up all think if Members will study it they will see that it goes very the State statutes on the subject, but that is not necessary in far in this respect, and I believe even the gentleman from order for me to have an opinion as to the unwisdom of this Kansas [l\Ir. TINCHER] will question the propriety of the Fed provision. I would not favor putting into a bill of this kind, eral Government going that far in a regulatory measure en dealing with a new and untried field of regulation, a provision tirely uew and concerning a field of endeavor not hitherto which will take away the power of the State to deal with undertaken in this day of multiplicity of regulations. purely intrastate transactions in the matter of these stockyards. l\1r. JA.COWAY. Mr. Chairman, will the gentleman yield? Mr. HUDSPETH. I would like to ask my colleague if be bas l\1r. BLACK. Yes. changed his mind as to.tbe interference of this bill with State l\lr. JACOWAY. If the people to be affected by the portion affairs since the passage of the E ell-Cummins bill? of which the gentleman complains do not complain, does the The CHAIRMAN. The time of the gentleman has expired. gentleman still think we are going too far? Mr. BLACK. I will ask for two additional minutes. Mr. BLACK. Yes; and I will show the gentlema:Q why I The CHAIR1\1AN. Is there objection? [After a pause.] The think so. When the Escb-Cummins railroad bill was passed it Chair hears none. carried a provision which gave the Interstate Commerce Com Mr. BLACK. Well, I will say to the gentleman that I voted mission power to niter, modify, or set aside a rate which it for the Cummins-Esch bill, and I am not undertaking at this held to be a burden on interstate commerce, even though the point to discuss the provision in it which gives the Interstate rate applied wholly to traffic between points within the same Commerce Commis ion vo·.ver to alter and change State rates, State. The pre ent bill virtually copies that section of the but certainly- the gentleman will recognize that the two pro E ch-Cummins law and makes it applicable to stockyards. Let visions deal with very different subjects. The railroads are for us compare the two sections and see if the present bill uoes not the most part now parts of large systems extending from State go just as far as the Esch-Cummins law goes as to railroads, to State, and the tendency is for still further consolidations. thougll we have been regulating railroad rates by the Interstate There is no such condition as to stockyards. So far as I know, Commerce Commi sion for many years. We are just beginning each stockyard operates wholly within a separate State. We the e,'\periment of Federal regulation of stockyards, and, in my have had the interstate commerce law a good many years, and judgment, it is going entirely too far as an initial step to give it was many years before Congress deemed the situation as the Secretary of Agriculture at the very outset power to set complicated enough to justify giving the Interstate Commerce aside orders of State tribunals. Here is the clause in the Esch Commission power to have any control over State rates. Cummins law to which I refer: l\Ir. HUDSPETH. But up until the Shreveport case it has Whenever tn any such investigation the commission, after full hear never interfered with the making of intrastate rates. ing, finds that any such rate, fare, charge, classification, regulation, or Mr. 'BLACK. That is true, and the section of the Cummins practice causes any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce, on Esch law to which I have referred is simply declaratory of the the one hand, and interstate or foreign commerce, on the other hand, or law announced by the Supreme Court in the Shreveport case, any undue, unreasonable, or unjust discrimination against interstate or but the Supreme Court bas made no such declaration of law as foreign commerce, which is hereby forbidden and declared to be unlaw ful, it shall prescribe the rate, fare, or charge or the maximum or to stockyards, and I question very seriously whether Congress minimum or maximum and minimum thereafter to be charged, and the has the power to go that far, even if it is deemed wise to do so. classification, regulation, or practice thereafter to be observed in such The CHAIRMAN. The time of the gentleman has expired. manner as in its judgment will remove such advantage, preference, Mr. HUDSPETH. I agree with my colleague that we should prejudice, or discrimination. Such rates, fares, charge~ classifications, regulations, and practices shall be observed while in errect by the car not on this bill either. - riers parties to such proceedings affected thereby, the law of any State 1\lr. HAUGEN. I yield 2) minutes to the gentleman from ·or the decision or order of any State authority to the contrary notwith standing. Illinois [l\.fr. MICHAELSON]. Mr. MICHAELSON. Mr. Chairman and gentlemen, I desire Let us see what section 311 of the present law on page 22 of to use the time allotted to me at this time in discussing House the bill provides, and I think Members will agree that the com resolution 95, which I introduced May 20, asking for informa mittee has virtually copied the section of the Esch-Cummins law tion from the Secretary of State and the Secretary of War rela which I have just read and inserted it as a clause in this bill: tive to the spread of foreign propaganda in the United States SEc. 311. Whenever in any investigation under the provisions of this title, or in any investigation instituted by petition of the stockyard prior to the declaration of war by the United States- against owner or market agency concerned, which petition is hereby authorized Germany and asking investigation of charges made in public to be filed, the Secretary after full hearing finds that any rate, charge, records and public prints and calling the attention of Congress regulation, or practice of any stockyard owner or market agency, for or in connection with the receiving, marketing, feeding, holding, deliv first to a statement made by former Congressman Callaway ery, shipment, weighing, or handling, not in commerce, of live stock, February 9, 1917, appearing upon pages 2947 and 2948 of the causes any undue or unreasonable advantage, prejudice, or preference CONGRESSIONAL RECORD, ip Which he made the charge that- as between persons or localities in intrastate commerce in live stock, on the one hand, and interstate or foreign commerce in Jive stock, on the In March, 1915, the J. P. Morgan interests, the steel, shipbuilding, other hand, or any undue, unjust, or unreasonable discrimination against and powder interests, and their subsidiary organizations got together interstate or foreign commerce in live stock, which is hereby forbidden 12 men high up in the newspaper world and employed them to select and declared to be tmlawful, the Secretary shall prescribe the rate, the most influential newspapers !n the United States and a sufficient charge, regulation, or practice thereafter to b& observed, in such manner number of them to control generally the policy of the daily press of the as, in his judgment, will remove such advantage, preference, or dis United States. crimination. Such rates charges. regulatloD$, or practices shall be observed while in effect by the stockyard owners or market agencies Mr. BLANTON. Mr. Chairman- - parties to such proceeding affected thereby, the law of any State or the The CHAIRMAN. Does the gentleman from Illinois yield? decision or order of any State authority to the contrary notwithstanding. Mr. BLANTON. Would the gentleman like to have a quorum It will be seen there that almost the exact language is here here? If so, I will get him one. used as was u ed in the Escb-Cummins law with reference to Mr. MICHAELSON. I do not desire it. railroad regulation. There is a question in my mind, even The CHAIRMAN. Does the gentleman from Illinois yield to granting the advisability of placing the live-stock yards of the the gentleman from Texas? country under jurisdiction similar to the interstate commerce Mr. BLANTON. It is a point of order I am making. It does law, as to whether we want to go to the extent of providing not require his yielding. that if any State regulatory body should fix a rate or charge Mr. MADDEN. I hope the gentleman will not do that. which the Secretary of Agriculture should say created an undue Mr. BLANTON. I will withdraw it, but I am not in sym preference to one of the State's own communities or which, in pathy with the gentleman's speech. the opinion of the Secretary, placed an undue burden on inter 1\lr. l\liCHAELSON. I thank you, sir. state commerce, that he should have the power to enter and These 12 men worked the problem out by selecting 179 newspapers, fix a new rate, charge, practice, or fare and thereafter that that and then began _by an elimination process to retain only those necessary rate shall be the rate to be charged, the order or decision of any for the purpose of controlling the general policy of the daily press throughout the country. They found it was only necessary to purchase State authority to the contrary notwithstanding. the control of 25 of the greatest papers. The 25 papers were agreed Mr. AS WELL. Mr. Chairman, will the gentleman yield? upon; emissa.ries were sent to purchase the policy, national and inter l\.fr. BLACK. Yes. national, of these papers; an agreement was reached ; the policy of the papers was bought, to be paid for by the month ; an editor was fur Mr. ASWELL. Will the gentleman state what present State nished for each paoer to pruperly supervise and edit information re law or authority this will conflict with? garding the questions of preparedness, militarism, financial policies, Mr. BLACK. 1 am not advised as to that. We have 48 and other things of national and international nature considered vital States, and I do not know what regulations they may have on to the interests of the purchasers. This contract is in existence at the present time, and it accounts for this subject nor what they might want to put into effect in the the news columns of the daily press of the country being filled with all future. sorts of preparedness arguments and misrepresentations as to the present condition of the United States Army and Navy, and the possi- · · Mr. ASWELL. Does the State fix the charges on these bility and probability of the United States being attacked by foreign stockyards? foes. 1814 lfAY 26, This policy Also included the sup pre sion of e erything in opposition peopl were Mr. Lloyd-George (the pre ent prime m1nist€r), Viscount to the wishes of the inter€ ts served. The effectiveness of this ~he~e Grey, Mr. Balfour. Mr. Bonar Law, t11c Archbishop of Canterbury, Sir bas been conclusively demonstrated by the ch3.racter of stuff caL'rled m Edward Carson, Lord Robert Cecil, JUr. Walter Itunciman (the lord the dally press throughout the counn·y sine~ March, ~915. 'Fhey have chancellor), Mr. Austen Chamberlain, Lord Cromer, Will Crooks, Lord rc:·orted to anythin"' necessa··y to commerctalize pubhc S€ntunent and Cnrzon, Lord Gladstone. Lord Haldane, Mr. Henry James, ·Mt·. John andbag the Nation~l Congress mto IlUlking extravagant and waste~l Redmond, l\Ir. Selfridge, Mr. Zangwill, Mrs. IIompbrey Ward. and fullY 'iati ns f r the Army and Navy under the false pretense that 1t a hundred others. ~fsr~~~ess~ry . Tteir stoLk argument is tllat it is "pat_riotism." They Among otbt>r ~bin~... , we . ?PPlied 3GO, newspapers . in the ~maHer nr playm· g on -every prejudice and passion of the Amencan people. 1 States of tpe Umted :states w1th an E~ghsh new paper, which ,.,iyes a e . weekly rev1ew and comment of the affall's of the war. We estaohsbed Mr. BLANTON. Mr. Chairman, I make the pomt {)f order connection with the man In the street th!ough c~ema pictures of the we ]1ave not a quorum I think it is time we should stop all Army and Navy !IS well as tb~ou~h. interviews •. arttcles•. pamph~ts, etc., this mess and put it b.ehind us, and I make a point of order ~t~d ~tit~s cbie/eJ>~!r~~peU:d~t 1 ~g! 1 st~!ri;·n~vh1~~~eyw~i~~d. ";.e:~ that there is no quorum. were c~pied in newspapers of oth-er .and n~ighboring S~a.tes. We a~ vised l\Ir HAUGEN Will tile "'entleman kindly withdraw the and .stimulated JJ?any people to writ~ art1~1es; we utilized the frtendly ~ • - • b serv1~es and asSlstance of confidenha1 fnends ; we bad reports from point of order? __.;-- 1 important Americans ~onstantly, and established association, by per- l\Ir BLANTON I withdraw it, as there are Yery few here sonal correspondence, with intluential and 'eminent people of every pro- . ~ · . · fession in the Unit-ed .States, bPginning with university and college to hear It . • presidents, professors., and scientific men .and running through all the 1\Ir. .MICHAELSON. If the informatiOn and charges con- ranges of the population. We asked our friends and correspondents to tained in l\Ir. Callaway's statement are true and can be proven, arrange for .speecbe~, debates, an<1 lecture-s by Amerl.can .cl~izens. then the lll{)St 11einous crime. in the w:01·ld's history was p~r- ~e ~a; o:e~~~~nt~sfu~~~: ~~~~~~0~~:~-en:!~e!:~t~~~re petrated upon the peace-lovmg Amencan people, and while libraries, Y. M. c. A. societies, universities, colleges, hi torical soci-eties, hostilities haYe ceased and peace is sought by nati{)ns hereto- clubs, and newspaper . fore at war, tile destructi{)n and desolation, the sorrow and No formal investigation of these grave charges has ever been suffering, and the debt imposed ~Y ~hat war are more c~sh- undertaken by the Congress of the United States to determine ing than ever to the hopes, asprratwns, progre , prosperity, their truth or falsity. To allow them to go unchallenged is to and contentment of our people; and, if it be true and ca~ be cause serious reflection on the purpose of the United States in proYen that this Nation's participation and other .na~ons' entering the war, as a result of which this Nation is bowed in continuance in the war was founded upon fraud, mtr1gue, grief over the death. maiming, and ruined health of hundreds of falSity, conspiracy, or manipulation, as charged, then that thousands of its young manllood, and tbe people of our country truth should be publi hed to the world in order to .make it im- are burdened with an unprecedented national debt, with result possible to repeat that crime in the future and that t~e bless- ing high taxes and living costs unprecedented in magnitude :md jngs of peace may be more confidently assured to afiftcted hu- oppres ion. . manii-y everywhere. Mr. BLANTON. Well, what does the .gentleman tbink about In addition to the information and charges filed by Congress- it? He is indictinll' the wh money powers, and comme.I'Cial combmes, whose mtrigues and And yet Mr. Chairman and Members of this House, Su· Gll4 conuptions foster and precipitate war. bert Pa.r'ker states to the world under his signature that at the In addition to the charges filed by .congressman CaJ!awa;r and very moment the President of the United s.tates, speaking for the statement made by l\1. Gabnel Hanotaux, Su Gilbert the A.merica.n people, in behalf of the Amenca.n people, and as Parker, a well-known English writer, says in an article on "The the mouthpiece of tile American people, was urging them to United States and the war" in Harper's Magazine, March, remain neutral he-Parker-was spending B1itish gold f1·oni 1918: one end of this' Nation to the other for the purpo e of driving From August, 1914, there was a considerable percentage of the this Republic into the quarrels of Etuopean monarchies. public who believed that the United S~ates .should'B in. the name of If these charges are true, Mt·. Chairman and gentlemen, and allycivilization I believe have that officially it would r ented have tlle been mvaswn extremely of elgium.dilficult forPerson- the . m· VI'ew of the wai•-~'n"eu:u sti'll !!OI'ng~ on I"n Europe at thiS' very United States to enter the war six months before she did. I was in hour, then the .American lives lost were ~acri.flced not on the the United States for orne months on tllis tr,iP. I have been .from altar of universal democracy and freed<~m. but upon tbe bloo~- New York to San Francisco. I was at Washington when Pres1dent inh nd ~11 and If Wilson dismissed Count Bernstorfl'1 and h~ard him ~o so, ~nd I am stained sacrificial stone of · urn an a var1ce a grc=.~., firmly convinced ot this, that Pres1dent W1lson comDUtted his country these charges be true we must come to the conclusion that the to thi war at the right moment, neither too soon nor too late. He A.meiican people were duped by an un crupnlou combination andhad thestopped pedants. up everyand theavenue. pettifoggers. of attack . by the pacifists, and .jurists, of wealth that, through its kept ut.ei.·ary bar. lot.' seduced t.he Perhaps here I may be permitted to say a few words con!!ernrng. my noble patriotism of the American CltLzenry !D order to. enriCh ()Wn work since the beginning of the war. • • • Practically smce Let t h . k -1'1· f . nd rlemand!D Sioux City Stock Yards Co,: .Authorized capital stock: Preferred, Mr. HAUGEN. ~1r. Chairman, I yield one minute to the 15,000 shares, of the par value of $100 per share; common, 15,000 gentleman from Ohio [1\Ir. CABLE]. shares, or the par value of $100 piH' share. Issued and otitstanding l\lr. CABLE. '\fr. Chairman, the decrees in the case of United capital stock : Preferred, 14,·607 shares ; common, 13,876 shares. & Owned by these defendants, or some of them : Preferred, 1,500 ~hares ; States of America against Swift Co. and others, pending in common, 2,500 shares. the Supreme Court of the District of Columbia, in Equity No. Pittsburgh Union Stock Yards Co.: Authorized capital stock: Com 37623, have been referred to several times this afternoon. For mon, 12,000 shares, of the par value of $100 per share. Issued and the information of the Members of the House I ask the unani outstanding capital stock: Common, 12,000 shares. Owned by these de fendants, or some or them : Commo.n, 4,572 shares. mous consent to extend my remarks by inserting in the RECORD That each and every stockyard terminal railroad, or the capital stock an application and decree relating to Armour & Co. The decree of each and every stockyard terminal railroad in the United States in is dated April 12, 1921. The application and decree of Swift & which said defendants, or any of them, have any interest, is owned in each case by some one of said stockyard market companies and none of Co. are substantially the same. The plan and decree of Edward the said defendants has any direct or other interest in said stockyard Morris and others is dated March 2, 1921. I am interested in terminal railroads except through the ownership of stock in said stock the passage of the bill now before the House, and for that rea yard market companies so owning said stockyard terminal railroads. That said stockyard terminal railroads are as follows: son obtained these copies from the Attorney General's office. Fort Worth Belt RaHway Co.: All of the issued and outstanding Mr. BLACK. Reserving the right to object, how many pages shares of the capital stock of said company is owned by the Fort Worth does that cover? Stock Yards Co., through the means of a tru tee. St. Paul Bridge & Terminal Railway: .All of the issued and outstand Mr. CABLE. It will take at least two pages of the RECORD. ing shares of the authorized capital stock of said company is owned by Mr. BL}.. CK. I would not object to that. Of course, these said St. Paul Union Stock Yards Co. decrees are numerous. Union Stock Yards Co. of Omaha (Ltd.) : The stockyard terminal rail way at Omaha is owned and operated by the Union Stock Yards Co. Mr. CABLE. It may be a little longer. of Omaha (Ltd.). 1\fr. BLACK. I have no objection, if they do not constitute a East St. Louis Junction Railroad Co.: All of the issued and outst-'lnd whole book. ing shares of the authorized capital stock of said company is owned by said St. Louis National Stock Yards. Mr. KINCHELOE. Reserving the right to object, I would Sioux City Terminal Railway Co. : .All of the issued and outstanding say that the decrees of that date are not the decrees about which shares of the authorized capital stock of said company is owned by there was a controversy this afternoon. said Sioux City Stock Yards Co. Kansas City Connection Railroad : All of the issued and outstanding Mr. CABLE. I will say to the gentleman that these are later shares of the authorized capital stock of said company is owned by the decrees, relating to the ownership of the various stockyards said Kansas City Stock Yards Co. of Swift and Armour, and relate to the terminals of the~ That none of these defendants has any ownership or interest whatso ever in stockyard market newspapers or stockyard market journals pub- plants. lished in the United States. , Mr. KINCHELOE. Is that a decree or report? That these defendants. saving and reserving unto themselves, and Mr. CABLE. An application and a decree. each of them, the benefit of exceptions to those portions of the court's memorandum of decision filed herein en the 4th day of January, 1921, Mr. KINCHELOE. Of April 1 last? and holding that the ownership of stock by these defendants in the said Mr. CABLE. Of April 12. It is later than the decree read public stockyard market companies falls within the purview of the in the House. antitrust laws, and has the effect to restrain interstate commerce and tends to create a monopoly of a line of commerce, and that the court Mr. KINCHELOE. That is under the present Attorney Gen has the power to enforce the injunction entered in this cause by re· eral? ceivership and sale of the stock holdings of the defendants in public Mr. CABLE. Yes, sir. stockyard market companies and stockyard terminal railway compa nies, and to that portion of said memorandum which disapproves of the The CHAIRMAN. Is there objection? [After a pause.] The plan presented by these defendants on the 26th day of October, 1920, Chair hears none. and to that portion of the said memorandum which holds that unless [In the Supreme Court of the Di.strict of Columbia. United States of the defendants were able to propose a plan which would meet the America v. Swift & Co. and others, defendants. Equity No. requirements of the said memorandum, the court would appoint officers 37623.] to take title to the stock of the defendants and to hold the same sub ject to the order of the court until suitable arrangements could be It is, by the court, this the 12th day of .Ap1·il, 1921, ordered that. the made to have it disposed of in accordance with the terms and purposes order dated anu entered the 2d day of March, 1921, requiring the of the decree, and further saving and reserving unto themselves, and taking of testimony on the subject of values, and the orders amend each of them, benefit of exceptions to the memorandum decision of the atory thereof anq heretofore entered, be, and they are hereby revoked. court filed herein under date of March 2, 1921, disapproving that cer It is further ordered that the plans this day suiJmitted by the tain plan of defendants filed under date of February 7, 1921, which plan .Armour and Swift defendants be, and they are hereby approved. provided for the disposition and divestment of their re pective interests WENDEL~ P. STAFFORD, Justice. in the several public stockyard market companies and l3tockyard terminal railway companies named in the bill of complaint herein exhibited, in [In the Supreme Court of the District of Columbia. United States of which they, or any of them, have an interest, the said defendants now .America, petitioner v. Swift & Co.. .Armour & Co., Morris & Co., respectfully submit for the approval of this honorable court the follow Wilson & Co .. and Cudahy Packing Co., et al. In equity No. 37623.] ing plan for the disposition of the stock held and owned by them and TQ the honorable justices ot the Supreme Court of the Distt'ict of representing their interest in said public stockyard market companies ~fum~: · and in said stockyard terminal railway companies. These defendants, .Armour & Co., Illinois; .Armour & Co., New DEPOSIT OE' STOCK. Jersey; .Armour & Co., Kentucky; Armour & Co., Texas; .Armour & Co. These defendants, within 30 days from and after the date of the (Ltd.), Louisiana; the .Anglo-American Provision Co. ; the Colorado approval of this plan by the court, shall deliver to the Illinois Trust Packing & Provision Co. ; Fowler Packing Co. ; Hammond Packing & Savings Bank, of Chicago, Ill., hereinafter referred to as the trust. Co.; the New York Butchers Dressed Meat Co.; Atlantic Hotel Supply company, all evidences of stock owner hip in said stockyard companies Co. (Inc.) ; J. Ogden Armour; Charles W. Armour; .A. Watson .Armour; above mentioned (which includes the interests of these defendants in Laurance II . .Armour; .Arthur Meeker; Robert J. Dunham; F. Edson stockyard terminal railroad companies owned by said stockyard com White; George l\1. Willetts; Frederick W. Croll; and George B. Rob panies) upon negotiable receipts of said trust company therefor, except bins, by their attorneys, represent and show unto the court: such of said stocks as may be now pledged. As to any of such stock Thn t these defendants, or some of thzm, have an ownership or in as may be now pledged, the defendants will execute and deliver to said terest in the following stockyard market companies in the United trust company an order signed. by the defendant owning such pledged States of the character and to the extent mentioned : stocks, directing the pledgee thereof to deliver the certificates of stock Fort Worth Stock Yards Co., authorized capital stock: Common held by the pledgee to said trust company in exchange for its nego 30,000 shares of the par value of $100 per share. Issued and out~ tiable receipt. In the event that any pledgee shall fail to exchange such standing capital stock: Common, 27,500 shares. Owned by these de pledged stock for the negotiable receipt of said trust company and such fendants, or some . of them : Common, 9,554 shares. pledged stock shall thereafter be released from said pledge, the pledgor St. Paul Union Stock Yards Co. : Authorized capital stock: Common, thereof shall, upon such release, deliver the certificate of stock to said 50,000 shares, of the par value of $100 per ·share. Issued and outstand trust company in exchange for its negotiable receipt. ing capital stock: Common, 25,000 shares. Owned by these defendants Said depositary shall enter its appearance in this cause so as to be or some of them : Common, 5,700 shares. ' subject to the jurisdiction of the court in the discharge of its duties as Union Stock Yards Co. of Omaha {Ltd.) : .Authorized capital stock: such depositary. Common, 75,000 shares, of the par value of ~100 per share. Issued In connection with deposit of said shares of stock defendants shall and outstanding capital stock: Common, 74,963 shares. Owned by enter into an escrow agreement with said trust company, the terms of these defendants, or some of them : Common, 8,148 shares. which shall be in accordance with the provisions of this plan and the Bourbon Stock Yards Co.: .Authorized capital stock: Common, 13,000 decree entered herein on the 27th day of February, 1920, and all such shares, of the par value of $100 per share. Issued and outstanding stock delivered to the said trust company shall be held by it in escrow capital stock : Common, 13,000 shares. Owned by these defendants, or thereunder until disposed of by said trust company as hereinafter some of them : Common, 1,675 shares. · provided. The Denver Union Stock Yards Co. : .Authorized capital stock : Pre Within 60 days after the approval by the court of this plan the said ferred, 10,000 shares of the par value of $100 per share; common trust company shall make a report to the court, furnishing to the Attor 15,000 shares, of the par value of $100 per share. Issued and outstand~ ney General of the United States and to these defendants each a copy ing capital stock : Preferred, 4,000 shares ; common, 15,000 shares. thereof, showing the amount of stock deposited with it pursuant to the Owned by these defendants, or some of them : Preferred, 40 shares; com provisions hereof, and also the orders of the pledgees delivered to it by mon, 7,500 shares. these defendants, showing the amount of the stock covered by such St. Louis National Stock Yards: Authorized capital stock: Common. orders and the names of the pledgees, and it shall be the duty of the 50,000 shares, of the par valuE:' of $100 per share. Issued and outstand trust company to make additional reports as the court may direct or ing capital stock : Common. 43,000 shares. Owned by these defendants as may be requested of it either by the Attorney General or by these. or some of them : Common, 3,000 shares. ' defendants. Kansas City Stock Yards Co. : .Authorized capital stock: Preferred . .As and when any· of said stock shall have been sold pursuant to this 90,000 shares, of the par value of $100 per share ; common, 25 000 plan and the sale approved by the court, the depositary shall, in ex shares, of the par value of $100 per share. Issued and outstanding change for its receipt, deliver the proper certificates of stock to the capital stock : Preferred, 79,915 shares ; common, 25,000 shares. Owned purchaser thereof. by these defendants, or some of them: Preferred, 100 shares; common, If any pledgee of stock accepting the nl:'gotiable receipt of the said none. trust comp:my shall find it necessary to foreclose the loan for which 1816 C01TGRESSIO .t\IA RECORD~HOUt)E., ]lAY 26, such receipt i hrlu a. collateral, ail! trust company shall upon. p:r~of scribed stockyard market companies anu tocksard terminal •Uroatl thereof and surrenu':! r of aid receipt, deliver to such pled~ee the ccrtlfi. rompanies at fair and reasonable value, and in case the same can not cate or certificates f)f stock represented thereby, nnd said defendants be so disposed of within one year fl'om the date of the approval of this wi11 request the pledgee to give tl» the court and the Attorney Genernl plan said defendants may make a showin6 to this court of the diligence full information as to its final dlsposition of such stock. used and tbe best offers received for aid stocks and may· obtain. from Upon the sale of all o( said &tock or upon termination of this Pla.n. the court such extensions of time as the court 111ay prescribe fo~· the by order of the court or otherw_ise, said trl}st company sbul! ~e dis disposition, of the .same. charged of all its powers and duties undf:r thiS plan, and all certificates The approval of this plan shall not be construe(.] so as to deprive of stock or other evidence cf ownership then held by said trust ~~m these defendants of the right to petition or move the court at any time pnny hereunder shall be forthwith returned to the defendant depo&trng for- a modification hereof. the same therewith upon surrender of the receipts issued by roid de TER.llD; A.TI<'.N. positary therefor. The court shall ha>e the power to terminate this plan, or any part The Armour and Swift groups of defendants assume the uuty and hereof, on being convinced, after hearing, that these d fendants are ()bligation of making provision for the compensation of and expenses not proceeding with promptne ~ s and >igor in: ill pQ ing of said sto.cks incurred by said trust company in the performance of its duties here hereunder. under and in such manner as that said compensation and exp~nses will Wherefo1·e these defendants pray. that an order be entered in t his cause not be or in any way constitute a lien upon either the certifi~ates of apprO"ving the plan herein set forth for- divesting these defendants of stock deposited with it or the negotiable receipts issued agarnst the their ownership or interests.. as afore aid in said public stockyard mar same. ket companies and said stockyard· terminal railroads. I~DIVIDUAL TRUSTEES. Dated at Washington, D. C., this 12th day of April, A. D. 1921. Upon the approval of this plan by the court, these defendants will ------, execute and deliver to Henry W. Anderson, of Richmond, Va., and ------. George Sutherland, of ~alt Lak~ Cityt Utah, as trus~ees, powers of attorney irrevocable durmg the time this plan remams m effect authcr- Attorneys fot· the Annour Gr0111J ot Dete11dants. izin"' sald trustees jointly to vote all of the stock of said defendants in .::aid"'Iast-mentioned stockyard companies and stockyard terminal rail [In the Supreme Court of the District of Columbia. Unitef them. they or either of 1Jlem, or ~he ~etitioner, ~r the defendants, may ap~ly ::\Iy only interest, either by stock holdings or otherwise~ in any of to the court for an o1·der drrectmg how ~ aid stock shall be voted, with the corporation defendants is as follows : ---. the right of either party hereto to be heard and to except to the order My relation by blood or marriage to any of the individual uefen ' I 1818 CONGRESSIONAI4 -R.ECOR.D-HOUSE. MAY 26, The RPE.A.KER. The Chair, in order to gi'\:"e information as PUBLIC BILLS, RESOLUTIO~S, Al\TD MEMORIALS. to what can be done-- Under clause 3 of Rule XXII, bills, resolutions and memorials 1\IJ·. ONNALLY of Texas. I move that the remarks de were introduced and severally referred as follows: livered by the gentleman from illinois [l\Ir. MICHAELSON] in the By Mr. FORDNEY: A bill (H. R. 6640) to amend section 4a Committee of the Whole House on the state of the Union be of the act of Congress approved June 4, 1920; to the Committee e."{cluded from the RECORD. That will raise a parliamentary in on Military Affairs. . · quiry. . By Mr. JEFFERIS: A bill (H. R. 6641) to I'eimburse the The SPE..-lliER. Of cour e, if no point of order is made Western Union Telegraph Co. for damages sustained to its tele~ Mr. HAUGEN. 'rhe·point of no quorum was made. graph line along the Missouri Pacific Railroad right of way Mr. COOPER of Wisconsin. 1\fr. Speaker, I make the point between Kan as City and Nearman, Kans.; to the Committee on of order. I do not know what the motion is. The Speaker sug Claims. · O'ested a point of order would lie, and so I make it. By Mr. CONNALLY of Texas: A bill (H. R. 6642) to repeal The SPEAKER. The gentleman asks whether it was in order section 15a of the interstate commerce act as amended by section or not, and the Ohair said it was in order 'if no point of order 422 of the transportation act of 1920; to the Committee on ,yas made. Interstate.and Foreign Commerce. Mr. CONNALLY of Texas. .1. point of order that has no point By 1\!r. H...<\.YS: A bill (H. R. 6643) relating to hotel charges is no point of order. in the District of Columbia; to the Commitiee on the District of Mr. GARNER. Mr. Speaker, it seems that the gentleman Columbia. from Texas [Mr. CoNNALLY], my colleague, was merely trying By Mr. KINKAID: A bill (H. R. 6644) to amend the act en to ascertain what the procedure would be, in order that he titled ".An act to grant a certain parcel of land, part of the Fort might preserve his right to-day to move to strike the remarks Robinson Military Reservation, Nebr., to the village of Craw-. from the RECORD. The Chair, of course, will take cognizance ford, Nebr., for park purposes," approved June 25, 1906; to the of it, even in the absence of a quorum, even if the point of Committee on Military Affairs. order is made. 1\ly colJeague was merely undertaking to pre By-:Mr. SUTHERLAND: A bill (H. R. 6645) to amend section : erve whatever right he had at this time to protect the REc~BD 27 of the act entitled "An act to provide for the promotion and against the remarks that might be made against the honor of maintenance of the American merchant marine, to repeal cer the Nation. That is what I under. tood the nature of his inquiry tain emergency legislation, and provide for the disposition, reg'! to the Chair to be. ulation, and use of property acquired thereunder, and for other The SPEAKER. Of cour e, the only time such action could purposes," approved June 5, 1920; to the Committee on the be taken would be before the REcoRD is printed to-morrow. Merchant ~Iarine and Fisheries. Mr. GARNER. That is what occurred to me, and I was By l\lr. TINKHAM: A bill (H. R. 6646) to reimburse the tllinking if they made a point of no quorum, and an adjourn Commonwealth of Massachusetts for expenses incurred in pro ment was taken, there would be no chance to protect the REcORD tecting bridges on main railroad lines and under direction of against. the statements lllil.de by the g·entleman from Illinois the commanding general Eastern Department, United States [1\fr. MICHAELSON]. Army, and the commandant navy yard, Charlestown, Mass.; to Mr. CONNALLY of Texa . Mr. Speaker, is it not true that the Committee on Claims. under the rules of the House the Speaker has jurisdiction to By Mr. WILLIAMS: A bill (H. R. 6647) to amend an act control the RECORD, and- in ca e a point of order is made can entitled "An act to provide a civil go\ernment for Porto Rico, exercise the right to withhold those remarks until the House and for other purposes," approved March 2, 1917; to the Com can take action in that regard? mittee on Insular Affairs. The SPEAKER. The Chair tloes not think the Speaker has By Mr. KNUTSON: A bill (H. R. 6648) authorizing the ap such control of the RECORD as would ju tify him in keeping a pointment of an additional judge for the district of Minnesota; speech out of the RECORD. to the Committee on the Judiciary. .ADJOUIL MENT. By Mr. WHITE of Maine: A bill (H. R. 6649) to validate . the revocation of discharge orders of· ce1·tain officers of the Mr. HAUGEN. air. Speaker, I mon~ that tllP llou:e clo now National Guard and the orders restoring such officers to their adjourn. former rank and command, and for other purposes ; to the Com The motion was agreed to; acc.ordingly (at u o'clock and 10 mittee on Military Affairs. minutes p~ m.) the House adjourned until to-lllonow, Friday, By Mr. ZIHLMAN: A bill (H. R. 6650) providing additional May 27, 1921, at 12 o'clock noon. terminal facilities in tquare east of 710 and square 712 in the District of Columbia, for freight traffic; to the Committee on the District of Columbia. REPORTS OF COMMITTEES ON PUBLIC BILLS AND By Mr. RAKER: A bill (H. R. 6651) to provide for the con RESOLUTIONS. solidation of forest lands in the Tahoe National Forest, .Calif., Under clause 2 of Rule XIII, bills and resolutions were sev and for other purposes; to the Committee on the Public Lands. erally reported from committees, delivered to the Clerk, and By l\Iiss ROBERTSON: A bill (H. R. 6652) to extend the referred to the several calendars therein named, as follows : time for the construction of a bridge across the AJ.·kansas River, Mr. HICKS, from the Committee on Naval Affairs, to which in Muskogee County, Okla.; to the Committee on· Interstate was referred the bill (H. R. 6297) authorizing the construction, and Foreign Commerce. of an airplane carrier for the Navy of the United States, re Also, a bill (H. R. 6653) to extend the time fo1· the construc ported the same without amendment, accompanied by a report tion of a bridge across the Arkansas River at a point near (No. 100), which said bill and report were referred to the Com Webbers li"ulls in Muskogee County, Okla.; to the Committee on mittee of the Whole House on the state of the Union. Interstate and Foreign Commerce. Mr. MILLER, from the Committee on Military Affairs, to By the SPEAKER (by request): Memorial of the Legi la which was referred the bill (H. R. 1475) providing for a grant ture of the Territory of Hawaii, favoring an appropriation for of land to the State of Washington for a biological station and a soldiei·s' home in thJ Territory of Hawaii; to the Committee general research purposes, reported the same without amend on Military Affairs. ment, accompanied by a report (No. 10;1..), which said bill and By Mr. ..IL~SORGE: Joint resolution (H. J. Res.134) granting report were referred to the Committee of the Whole House on consent of Congress to the States of New York and New Jer ey the state of the Union. to enter into the agreement for the estabUshrnent of " the port l\Ir. McKENZIE, from the Committee on Military Affairs, to of New York authority"; to the Committee on the Judiciary. which was referred the bill (H. R. 204) to amend the Army By Mr. KIESS: Concurrent resolution (II. Con. Res. 18) pro appropriation act, approved July 11, 1919, so as to release ap· viding for the publication of a vest-pocket edition of the Con propriations for the completion of the acquisition of real estate gressional Directory; to the Committee on Printing. in certain cases and making additional appropriations therefor, .Also, concurrent resolution (H. Con. Res. 19) providing for reported the same with amendments, accompanied by a report the publication of a compendium showing the status of legisla (No. 102), which said 'bill and rep01t were referred to the Com tion of Congress; to the Committee on Printing. mittee of the Whole Hou e on the state of the Union. PRIVATE BILLS Al\J) RESOLUTIONS. Under clause 1 of Rule XXII, private bills and resolutions CHANGE OF REFERENCE. were introduced and severally referred as follows : ·. Under clause 2 of Rule XXII, the Committee on Invalid Pen By l\Ir. ANTHONY: A bill (H. R. 6654) granting a pension to . ions was discharged from the consideration of the bill (H. R. Betty Dobson; to t11e Committee on Invalid Pensions. 5803) granting an increase of pension to .Alonzo Sidman, and .Also, a bill (H. R.· 6655) granting a pen ion to 1\Iarietta the arne 1\a referred to the Committee on Pen ions. Bi hop; to the Committee on Im·alid Pension~. 1921 . .. - CON GR.ESSION ...L\_L RECORD-HOUSE. 1819 Also. a bill (H. R 6656) for the relief of Iary Bogner ; to the I~d lnun association shares to the amount of $500; to the Com- Committee ou Claims. · · m1ttee on Ways and Means. By l\Ir. CRO\\THE.R : A bill {H. n. 6&1) gran tin~ an in- 963. By Mf·· FULLER: Petition of Parker B~os., of Sale~ crease of pension to 1\Iary .A. Gibbons; to the Oomillittee on 1\fa.ss., favormg a sales ta~ etc.; to the Committee on Ways Invalid Pens.km ·. and Means. BY Mr. GREEN of Iowa: A bill (H. R. 6658) granting a pen- 964. Also, pention of the .Ameiican Legion Auxiliary of Rock- siOil to Edgar Johnson · to the Committee on Invalid Pensions. fo~·d, Ill., urging relief for the disabled soldiers; to the Com BY 1\ir. HAYS; A hill (H. R OG.39) for the relief of U. S. m.Ittee on Interstate and Foreign Commerce. Dav.is; to the Committee on Claims. . 965. Also, petition of the central · field committee of the na- By 1\Ir. JEFFERIS: A bill (H. R. 6660) granting an increase tional board, Young Women's Christian Association, urging the of pension to Fanny E. Cade; to the Committee on Invalid pasl!!age of the Sheppru·d-Towner bill; to the Committee on Pensions. Interstate and Foreign Commerce. . By 1\Ir. KELLY of Pennsylvania: A bill (H. R. 6601) grant- . 966. ~o, petitio~ of rural carriers of 1\Iarse~es, Ill., for revi- ing a pension to Jennie Fleming; to the Committee on Pensions. swn a!ld mcrease m pay for rural letter carriers, etc.; to the By :i\lr. LUCB: A bill (H. R. 6662) granting a pe~sion to · Commzttee on the Post O:ffice and Post Roads... Adonira.m J. Edwards· to the Committee on Invalid Pensions. 967. By the SPEAKER (by request): Petition of the Free By Mr. LUHRING:.~ bill (H. R. 6663) to make a preliminary Federa!ion of '\Vork.ingmen of ~orto Rico, urging legisla.tion ·for sun'ey of the Wabash River in Illin{)is and Indiana with a the relief of the di~bled sold1ers, etc.; to the Co-mmittee on view to the control of its floods· to tbe -committee on Flood Interstate and Foreign Commerce. Control. ' 968. By l\Ir. KNl!TSON: ~etitions of A. Krap~ Luling, Tex.; By 1\Ir. ROSE: A bill (H. R. 6664) for the relief of l\Iartlm D. Charl:s A. Founta.~ Bay VIe~, V~.; L. C. Bowe, Ca.J?bri~, McCune· to the Committee en Military Affairs. Mass. • John C . .Anderson, Collinsville, Ala.; T. E. Bntt, Llll' By 1\I;. r.rAYLOR ot Co:Wrado: A bill (H. R. 6605) for the coin, Nebr.; Charles E. Coats, Auburn, l?wa; Oscar E. Cal religf of Daniel Sheets, deceased; to the Committee on Military strom, Ale.d_o, ·ru.; E. R. Lafferty, Hood R1ver, o.reg.; ~dward .Affairs. F. La~g, Ridgefield, Conn.; ~obn S: Marshall, Oliye Hi~ Ky.; By Mr. WARD of North Carolia: .A. bill (H. R. 6666) tore- 'Valt~ N.. Wheeler, Cave Spr~g, Ga.; J?hn ~· 'Vhite,rr.Prunros;, store Sally A.. Garney, widow of John H. Garney, to the pension Iowa' W~U 0. Staker, Beatrice, Ne~r. • ~mil P .. Yaber, Man roll. to the Committee on Pensions. pos~, ~all!. ; . <::ora A.. ~hompso~ _seruor VIce president g~eral, Al o, a bill (H. R. 6667) grnnting a pension to .Tosephu S. Lad1~ .AUXIliary, ~ruted Sparush .~ar Veterans, Portland, .Ambrose; to the Committee on Invalid Pensions. 0?-'eg.' ~0~, A. Jenkms, Tol.edo, Obi~'. James F. Byram, To- B l\1 WATSON. A b'll1 (H. .R. 6668) autho'r'z:in1 th ~e- ledo, Ohio, Frank F. He 3.,. Toledo, Ohio, Edward A. Schwn.ger, Y r. · . . g e . Toledo, Ohio; John Jenz, Toledo, Ohio; Richard Brandt, BUI·a- tary of War t_o donate to the borough of S~wenksvme, State boo, Wis.; David S. King, 1\fount Nebo, W. Va_; H. A.. Stone, of. Pennsylv~~·. one G~~·man cann()n or fieldpu~ce; to the Com- chaplain Leslie F. Hunting Camp, United Spanish War Vet-· mittee on 1.\!llztary .Affaus. . . erans, Cambridge., Mass.; August J. Rick, commander Clar- A! o, a bill (H. R. 6669) a.ut~m-~.Zlllg the Secretary oi War ence Miller Camp, No. 5, United Spanish War Veterans, to. dona~ to _the borough o~ l\1orrisvil~~· Pa. ., on~ _German cannon 'Vinorut, Minn.; John R. Bennett Camp, No. 41, United Span or fieldpiece, to the Co~~ee 0 !11\Illitary Affillrs. . ish 'Yar Vetei·ans, Muskegon, Mich.; Martin Kenny, junior . By Mr. WOOD of Indmnft ·A bill (H. R. ~ 7'0) :grantin~ a pen- viee commander United Spanish War Veterans, Department swn to Mary J. Thompson; to the Comrmttee 00 InTalid Pen- of Wisconsin, Oshkosh, 'Vis. ; Guy V. Henry Camp, No. 3, sions. United Spanish War Veterans, Grand Rapids, l\lich.; Dr.. E. By Mr. .Z.IHLM.AN~ A bill (H. R. G671) to l"eimburse William Hawkins, Greencastle, Ind.; .Seymour Howell Camp., No_ 6, C. Hann for property·d.estl'Oyed by an automobile truck operated United Spruli.sh War Ve-terans, .Adri~ .Mich.; Magruder An by the Post Office Departuwnt; to the Committee on Claims. d.rews, .:Uaco~ Ga.; Ensioon Hagley Camp., No. 30, United Spanish War Veterans, Pasadena, Calif.; Department of New. PETITIONS, ETC. Jersey, United Sp-anish War Veterans, Newark, N . .r.; Fred- erick Funston Camp, No. 18, Uhlted Spanish War Veterans, u ·nder clause 1 of Rule XXII, petitions and papers were laid Home Lake, Colo.; William J. S. Dineen, past commander on the Clerk's desk and referred as foll-ows: Lieutenant Clinton Lowden Whiting Post,. No. 59, Veterans 955. By Mr. ARENTZ: Resolutions of tbe Darrell Dunkle of Foreign Wars, New York City; G. T. 'l'aylor, Norfolk, Va.; Post, No. 1, American Legion, Reno, Nev., and from the William Tiffany -Camp., No. 4, Department of Maine, United Churchill Post, No. 16, the American Legion, of Fallon, Nev., Spanish War Veterans; Egbert Cinein.natius Auxiliary, No. 11, for the relief of the di ahled soldiers, sailors, and marin.es of United Spanish War Veterans, Cincinnati, Ohio; F. B. Dodds, America; t9 the Committee on Interstate and Fol'eign 9orn- Lawrence, Kans.; Martba Washington Auxiliary, No~ 1., United merce. · Spanish War Veterans, Oshkosh, Wis.; Norman W. Crosby 956. By Mr. B..A.RBOUR: Petition of the Kings County Cham- Camp, No. 37. Department of New York, United Spani.:!Jh War ber of Commerce, urging appropriation for the pur-chase of the Veterans; Lee Forby Camp, No.1, United Spanish War Vetern.ns, vineyards near Fresno and Oakville, Calif.; to t~ Committee Omaha, Nebr.; John H. Albert, Bridgeport, Conn.; Jolm Jacob on Appropriations. Astor Camp, No. 6J United Spanish War Veterans, Washing- 957. Also, petition of the Business l\fen's Club of Oorco1-.an, ton, D. C. ; I. P. Besser, Bridgeport, Conn. ; C. A.. Turner, com Calif.; Corcoran (Calif.) Post, No. 144, American_L-egion; and. missioner of safety, Everett, Wash.; Mary E. Frank, past pres Corcoran (Calif.) Chamber of Commerce, urging legislation for ident Department of Ohi{) Auxiliary, United Spanish War Vet the relief of the. disabled soldiers; to the Committea on In- erans; w. S. Buttrick,_Green Bay, Wis.; 4.0 members of Bagley terstate and Foreign Commerce. . • Camp, No. 41, United Spanish War Veterans, Chicago, Ill.; 1)58. By Mr. BURTON: Resolution adopted by the Women's Herbert D. Gage, Traverse City, Mich.; Charles E. King, Auxiliary to Albert E. Baesel Post, No. 91, Berea, Ohio, faTor- Brooklyn N. Y.; John Wannebo Camp, No. 9, United Spanish ing the p~gram of legislation as:red for. by the Amer~can Legi-on war Vet~rans, Everett, Wash.; and John Barlow Camp, N_o. 6, of the Sixty-seventh ~gress m th~ mterest of diSabled sol- United Spanish War Veterans, Vancouver, Wash., favoring the diers, sailors, and marmes, and praymg for the support of the passage of House bill No. 4; to the Committee on Pensions. five bills involved; to the Oommittee on Interstate and Foreign 969. By Mr. LUFKIN: Petition of Woman's .Auxiliary, Unit Commerce. No.3, .American Legion, Gloucester, Mass., indorsing legislation 959. Also, petition of divers citizens of Cleveland, Ohio, .pray- asked for by the .American Legion of the Sixty-seventh Congress ing for reoognition nf the Irish republic; to the Committee on in the interest of the disabled soldiers, sailors, and marines; to F{}.reign Affairs. the Committee on Interstate and Foreign Commerce. 960. Also, memorial of sundry citizens of Parma Heights, 970. Also, petition of Women's Auxiliary Unit, the .American Ohio, and citizens of Chardon, Ohio, favoring the Volstead bill Legion, South Hamilton, Mass., indorsing legislation ask-ed for (H. R. 5033) and praying for· its support; to the Committee on by the American Legion of the Sixty-seventh Congress in the the ~udiciary. interest of the disabled soldiers, sailors, and marines; to the 96L By l\fr. BJXLER = Petitions of the Mercer County Osteo- Committee on Interstate and Foreign Commerce. .pathic Association, Dr. ·w. F. Rossma~ .and Dr. .O. 0. Bashline, 971. By 1\fr. MEAD: l\femori~l ~f the N~tional AutoJ:?obile Grove City, Pn., pro-testing against the passage of the Sh-eppard- Chamber of Commerce, Sllbstanhatmg that mcreased tariff re Towner bill, the Ken,yon-Fess bill, and the Owen bill; to the snits in an artificially high price for cru-de aluminum; to the Committee on Interstate and Foreign Commerce. Committee on Ways and Means. 962. By Mr. CONNOLLY of Pennsylvania: Petition {)f the 1J72 . .Also., memorial o.f Farrar & Trefts, of Buffalo, N. Y., John Sohirski Building & Loan Association. of Philadelphi~ opposing the tariff on graphite; to the Committee on Ways and favoring the exemption fro-m taxation -of income from building Means. 1820 OO:N GRESSIO~ .f\_L R.ECOllD-SENATE. )fAY 27, !>73. By :Mr. MURPHY: 1\Iemorial of tlle Woman's Christian PETITIONS A~l> :MEMORIALS. Temperance Union, of Salem, Ohio, praying that consideration Mr. LADD presented a resolution of Masonic Lodge No. 108, of Army and Navy appropriation bills be deferre~ until after Ancient Free and Accepted Masons, of Crosby, N. Dak., favor the proposed international conference for world disarmament; ing the enactment of legislation creating a department of educ;t· to the Committee on Appropriations. tion, which was referred to the Committee on Education and 97'4. By . l\Ir. RAKER: Letter from the Northern California Labor. . Publishing Co., protesting against the repeal of the z-one postal He also presented a resolution of fue North Dakota State rate on second-class mail matter; to the Committee on the Post Federation of Labor, of Fargo, N. Dak., favoring the enactment ·office and Post Roads. Letter from C. W. Hallowell, urging of legislation for the recognition of the Irish republic, " ;hich that the 1-cent drop-letter rate for cities and towns be estab was referred to the Committee on Foreign Relations. lished; to the Committee on the Post Office and Po t Roads. He nl.·o presented two petitions of the Pierce County Farm Letter from M. S. Franzini, of Truckee, Calif., urging tlle repeal Bureau, and undry citizens of Rugby, N. Dak., praying for the of section G28, revenue act of 1918, 10 per cent sales tax; to the enactment of the so-called French-Capper truth in fabric bill, Committee on Ways and Means. which were referred to the Committee on Agriculture and 975. Also, petition of the Protestant Legion of America, Los ~re~~ . Angeles, Calif., indorsing and urging the passage of the Towne_r l\lr. HARRIS presented letters in the nature of petitious of bill; to the Committee on Education. Telegram from the Cali the Southern Fertilizer & Chemical Co., the Savannah Guano fornia ·wholesale Grocers' Association, urging support of House Co., and the Reliance Fertilizer Co., all of Savannah, Ga., pray· bill 2888 ; to the Committee on Agriculture. Letter from the ing for the enactment of legislation reducing freight rate on system board of adjustment, B. of R. and S. Clerks, of San fertilizers, which were referred to the Committee on lnter Francisco, Calif., together with resolution relative to the pro state Commerce. posed wage reduction by the Southern Pacific Co. ; to the Com He also presented a resolution adopted at a meeting of the mittee on Interstate and Foreign Commerce. Farm Bureau of Tift County, held on May 21, 1921, at Tifton, 976. Also, letter from Mebius & Drescher Co., of Sacramento, Ga., favoring the enactment of legislation reducing the higll protesting against House bill 2373; to the Committee on Agri freight and passenget· rate·, which was referred to the Com culture. Resolution adopted by the Nevada City Chamber of mittee on Interstate Commerce. Commerce, Nevada City, Calif., urging the amending of the Mr. NELSON presented a petition of the Farmers' State transportation act of 1920; to the Committee on Interstate and Bank, of Goodridge, 1\finn., praying for the enactment of leO'is Foreign Commerce. Resolution by Kings County Chamber of lation amending the Federal farm loan act so that Federal Commerce, of California, urging appropriation for the purchase farm loans can be negotiated at any bank, etc., wllicb was and maintenance of experimental vineyards in California; to referred to th~ Committee on Banking and Currency. the Committee on Appropriations. . Mr. CAPPER presented a petition of sundry citizen of 977. By l\Ir. SINCLAIR : Petition of the Women's Auxiliary of Salina, Kans., praying for the enactment of legislatiQn to pro American Legion, Washburn, N.Dak., favoring passage of legis hibit gambling in grain and other agricultural products, which lation for relief of the disabled soldiers, etc.; to the Committee was referred to t11e Committee on Agriculture and Forestry. on Ways and 1\feans. He also presented a resolution of Fidelity Grange, No. 1624, 978. Also, petition of the National Consumer ' League, urging of Ottawa, Kans., favoring the enactment of :egislation to pro Congress to continue undiminished the present powers ot the hibit gambling in grain and other agricultural products, which Federal Trade Commission; to the Committee on Interstate and was referred to ·the Committee on Agriculture and Forestry. Foreign Commerce. He al o presented five re olutlons of sundry citizen. of 979. By Mr. STINESS : Memorial of the Rhode Island Con Gardner, Egerton, Eudora, Olathe, Wellsville, and Baldwin, all !rregational Conference, urging that the President of the United in the State of Kansas, favoring the enactment of legislation States and Congress take the initiative in calling an interna for the recog:Iition of the Irish republic, which were referred tional convention for the delimitation of armaments ; to the to the Committee on Foreign Relation.. Committee on Foreign Affairs. He also presented a resolution of the Hutchinson Rotary 980. Also, memorial of the women's committee on schools Cluh, of Hutchinson, Kans., favoring the enactment of legi la of Providence, R. I., urgi~g the passage of the Towner educa tion providing adequate relief for di abled ex:-s rvice men, tion bill · to the Committee on EO.ucation. which was referred to the Committee on Finance. 981. B'y 1\fr. TINKHAM: Petitions of the Knights of Colum Mr. MYERS pre. ented a memorial of sundry citizen: of bus of Boston, Mass., Ma a-chusetts State council, and citizens Yellowstone County, Mont., remonstrating again t the enact of Roxbury and Boston, Mass., urging the recognition of the Irish ment of legislation increasing the tariff duty on imported republic· to the Committee on Foreign Affairs. wrapper tobacco, which was referred to the Committ on 982. B'y Mr. WATSON: Resolutions pre en ted by the Haver Finance. ford Forum and from the Montgomery County committee, the Mr. SHEPPARD presented three petition of undry citizens Pennsylvania League of Women Voters, in favor of international 9f Coleyville, Wolfe City, and Longview, all in the State of conference looking toward disarmament ; to the Committee on Texas, praying for the enactment of leig lation to prohibit Foreign Affairs. · gambling in grain and other agricultural products, which were 983. By Mr. WYANT: Petition of citizens of Butler, ~a., referred to the Committee on Agriculture and Forestry. protesting against the passage of the Capper-Fess education Mr. 0'\VEN presented 19 petitions of sundry citizen· of bill; to the Committee on Education. Byer", Collinsville, Purcell, Isabella, Hoover, Davi., Hennepin, 984. By Mr. YATES: Petition of Carl G. Wei , of the Vul Parker, Wynne Wood, Braggs, Muskogee, Enid, Lahoma, Drum ean Detinning Co., Streator, Ill., advocating a duty on all tin mond, Hunter, Garber, Kaw City, Uncas, Ponca City, Bigheart, chlortdes should a duty be imposed on tin; to the Committee Glencoe, Texanna, Poteau, Kingfisher, Cashion, Piedn:ont, Lock on Ways and ~feans. ridge, Wainwright, Orlando, Peri'y, Guthrie, Morn on, Salt ------fork, Billings, Porum, Okemall, and Pryor, all in t.he Stnte of SENATE. Oklahoma, praying for the enactment of legislation to P\'Ohibit gambling in grain and other agricultural product , which w~re FRIDAY, May ~7, 1921. referred to the Committee on Agriculture and Forestry. (Legislative da.1J of Thursday, llay 26, 1921.) NAVAL BASES 0. PACIFIC COAST. Mr. SHORTRIDGE. 1\Ir. President, I ask unanimous cou. cnt The Senate met nt 12 o'clock meridian, on the expirat-ion of that there be printed in the llEconn a few only of many tele the recess. grams in the nature of expre ions of opinion of citizens of MESS.iGE FROM THE HOUSE. California concerning the naYal program, the subject mutter A message from the House of Rep1·esentatives, by :Mr. Over under discussion. The telegrams which I ask to have printed hue its enrolling clerk, announced that the House had passed a in the REconn urge immediate action by the United States in bill' (H. R. 6300) making appropriations to supply deficiencies approving preparations recommended by the Nav~ Department tn appropriations for the fi cal year ending June 30, 1921, and in the establishment of naval bases on the Pacrfic coast, to prior fiscal years, and for other purposes, in which it requested gether with the enlargement of bases ah·eady in operation. the concurrence of the Senate. There being no objection, the telegrams were ordered to lie The me sage also announced that the House had agreed to on the table and to be printed in the REcORD, as follows: . the report of the committee of conference on · the disagreeing O AKLAXD, CAr,ur., May SCG, JJ21. votes of the two Houses on the amendment of the H usc 9f lion. SA:lltiEL ~I. SHORTRIDGE, Representatives to the bill (S. 1084) to provide a national bud United States Senate, Washington, D. 0.: We feel >Cry much concerned oyer recent action }n Senate i!J. respect 'et system and an independent audit of Government accounts, to naval de\elopment on the P acific. Alameda 1tem ~houlu not be and for other purpo es. killed by the fal ~ e charge that it is a rcal-e. tate deal. This sitr. \\US