9454 CONGR.ESSION AL RECORD-HOUSE MAY 23
VIRGINIA Robert L. Raymond to be postmaster at Campbellsport, Wis., Annie G. Davey to ·be postmastei· at Evington, Va., in place in place of William Mru·tin. Incumbent's commission exph·ed of A. G. Davey. Incumbent's commission expires Jrme 8, 1930. January 29, 1927. William W. Middleton to be po ·tmaster at :Mount Jackson, WYOMING . V1i., ·in place of W. W. Middleton. Incumbent's coinmission Forest H. Gtuney to be po tmaster at Buffalo, Wyo., in place expires June 30, 1930. of P . .A. Gatchell, jr., removed. Mollie H. Gettle to. be postmaster at Rustburg, Va., in place of 1\f. H. Gettle. Incumbent's commission expires June 8, 1930. Ernest a Cro haw to be postmaster at Stony Creek, Va., in HOUSE OF REPRESENTATIVES place of E. H. Croshaw. Incumbent's commis ion expil;e June 30, 1930. FRIDAY, May £3, 1930 Frank L. Schofield to be postmaster at University of Rich The Hou e met at 12 o'clock noon. mond, Va., in place of F. L. Schofield. Incumbent's commission The Chaplain, Rev. James Shera Montgomery, D. D., offerro expired l\fay 4, 1930. the following prayer: W .ASHTNGTON l\Io t Gracious Lord Gotl, bless us with quiet minds and subdue Tyrah D. Logsdon to be postmaster at Endicott, Wash., in restle s wills that hurry to and fro. Enable us to trust Thee place of T. D. Logsdon. Incumbent's commis ion expired J an where reason can not under ~ tand. Take the north wind out of uary 13, 1930. · our skies, and may we cheri h the fragrance and the beauty Walter J. Hunziker to be postmaster at Langley, Wash., in that drips for all. Look after the soil of our hearts; give it place of W. J. Hunziker. Incumbent's commission exph·es depth of pure love and llonest purpose. We thank Thee that June 21, 1930. no price is set on the laYish springtime. May it enrich our WEST VIRGINIA imaginations, our affections, and our chara~ters. He who loves Lydia P. Miller to be postmaster at Dorothy, W. Va., in 11lace the trees, the flowers, and the singing birds loves the Infinite of Etta Halstead. Incumbent resigned. Soul that radiates in stars and stirs in clods, that gilds the Clarence E. Brazeal to be postmaster at Maybeury, W. Va., clouds and greens the earth of May. Glory be to Thee, 0 Lord, in place of C. E. Brazeal. Incumbent's commi ·sion expires most high. Amen. June 30, 1930. The Journal of the proceedings of yesterday was read and Florence Bills to be postmaster at Williamstown, W. Va., in approved. place of Floi·ence Bill . Incumbent's commi ion expires June 30, 1930. MESSAGE FROM THE SENATE Mamie a Barr to be postmaster at Winfield, W. Va., in place A message from the Senate by :Mr. Craven, its principal clerk, of M. H. Barr. Incumbent's commission expired March 29, announced that the Senate had pas ed without amendment bills 1930. of the IIou e of the following titles : WISCONSIN H. R. 293. An act for the 1·elief of James Albert Couch, other wise known as Albert Couch ; Joseph Kuchenmeister to be postmaster at Almena, Wis., in H. R. 591. An act for the relief of Howard C. ll...,rink.; place of Joseph Kuchenmeister. Incumbent's commission ex- H. R.1198. An act to authorize the United States to be made pires June 21, 1930. · a party defendant in any suit or action which may be com Emma V. Clark to be postmaster at Black Earth, Wis., in menced by the State of Oregon in the United States District place of E. V. Clark. Incumbent's commi sion expires June Court for the District of Oregon, for the determination of the 19, 1930. title to all or any of the lands c.onstituting the beds of Malheur Alwin W. Kallies to be postmaster at Bonduel, Wi ., in place and Harney Lakes in Harney County, Oreg., and lands riparian of A. W. Kallies. Incumbent's commission expires June 19, thereto, and to all or any of the waters of said lakes and their 1930. tributalies, together with the right to control the use thereof, Charles V. Walker to be postmaster at Bruce, Wis., in place autho1izing all persons claiming to have an intere t in said of C. V. Walker. Incumbent's commission expires June 23, 1930. land, water, or the use thereof to be made parties or to inter . Emma Thompson to be postmaster at Deer Park, Wis., in vene in said suit or action, and conferring juri diction on the place of Emma Thompson. Incumbent's commission expires United States courts over such cause; June 19, 1930. H. R. 2152. An act to promote the agriculture of the United Raymond E. G. Schmidt to be postmaster at De Forest, Wis., States by expanding in the foreign field the service now ren in place of R. E. G. Schmidt. Incumbent's commission expires dered by the United States Department of Agriculture in ac· June 21, 1930. quiring and diffusing useful information regarding agriculture, Bert B. Powers to be postmaster at Fennimore, Wis., in place and for other purpo es ; of B. B. Power . Incumbent's commission expires June 19, 1930. H. R. 4293. An act to provide for a ferry and a highway near Henry E. Johnson to be postmaster at Frederic, Wis., in place the Pacific entrance of the Panama Canal ; of H. E. Johnson. Incumbent's commission expires JliDe 19, H. R. 5259. An act to amend section 939 of the Revised 1930. Statutes; George S. Eklund to be postmaster at Gillett, Wis., in place H. R . 5262. An act to amend section 829 of the Revised of G. S. Eklund. Incumbent's commis ion expire June 23, 1930. Statutes of the United States; Charles E. Juza to be po tmaster at Haugen, Wis., in place H. R. 5266. An act to amend section 649 of the Revised of C. E. Juza. Incumbent's commission expires June 21, 1930. Statutes (sec. 773, title 28, U. S. C.); Peter 0. Virum to be postmaster at Junction City, Wis., in H. R. 5268. An act to amend section 1112 of the Code of Law place of P. 0. Virum. Incumbent's commission expires June 23, for. the District of Columbia; 1930. H. R. 6083. An act for the relief of Goldberg & Levkoff; William McMahon to be postmaster at L.anca ter, Wis.., in H. R. 6084.. An act to ratify the action of a local board of place of William McMahon. Incumbent' ~ commission expires sales control in respect of contracts between the United States June 21, 1930. and Goldberg & Levkoff; . H. R. 6151 . .An act to authorize the Secretar,v of War to as Laurence G. Clark to be po .~ tmaster at Middleton, Wis., in place of L. G. Clark. Incumbent's commission expires June 21, sume the care, custody, and control of the monument to the 1930. memory of the soldiers who fell in the Battle cf New Orleans, at Chalmette, La., and to maintain the monument and grounrt~ Harry V. Holden to be postmaster at Orfordville., Wis., in surrounding it; place of H. Y. Holden. Incumbent's commission expires June H. R. 7333. An act for the relief of Allen Nichols; 23, 1930. B. R. 88lH. An act for the relief of William Taylor Coburn ; Lewis W. Cattanach to be postmaster at Owen, Wis., in place H. R. 9154. An act to provide fo1· the construction of a reyet· of L. W. Cattanach. Incumbent's commiJ ion expireN June 23, ment wall at Fort Moultrie, S. C.; 1930. H. R. 9334. An act to provide for the study, investigation, and Frank H. Colburn to be po tmn ter at Shiocton, Wis.., in place suney, for commemorative purpo es, of the battle field of of F. H. Colburn. ·Incumbent' commission expires June 19, Saratoga, N. Y.; and 1930. H. R. 11703. An act granting the consent of Congress to the Maud E. John ton to be po tmaster at Spencer, Wis., in place city of Olean, N. Y., to con truct, maintain, and operate a free of M. E. Johnston. Incumbent's commission expires June 23, highway bridge acro!'>s the Allegheny River at or near Olean, 1930. N.Y. 1930 CONGRESS! ON AL RECORD-HOUSE 9455 The message also announced that the Senate had passed, with S. 4538. An act .authorizing the construction, maintenance, amendments, in which the concurrenC'e of the House is requested, and operation of a bridge across the Missouri River between bills of the House of the following titles : Council Bluffs, Iowa, and Omaha, Nebr.; and H. R. 5258. An act to repeal section 144, Title II, of the act S. J. Res. 168. Joint resolution declaring the transfer, of the of March 3, 1899, chapter 429 (sec. 2253 of the Compiled Laws St. Charles Bridge over the Missouri River on National High of Alaska); way No. 40 not a sale. H. R. 5261. An act to authorize the destruction of duplicate SPEAKER PRO TEMPORE accounts and other papers filed in the offices of clerks of the The SPEAKER. The Chair designates the gentleman from United States district courts; New York [1\lr. SNELL] as Speaker pro tempore to-morrow, H. R. 6414. An act authorizing the Court of Claims of the in case the House· should be in session. Unit d States to hear and determine the claim of the city of Park Place, heretofore an independent municipality, but now a APPROPRIATION FOR MISCELLANEOUS ITEMS, CONTINGENT FUND OF :part of the city of Houston, Tex.; THE HOUSE OF REPRESENTATIVES H. R. 8296. An act to amend the act of May 25, 1926, entitled :Mr. WOOD. Mr. Speaker, I ask unanimous consent for the "An act to adjust water-right charges, to grant certain other present consideration of House Joint Resolution 343, to supply a relief on the Federal irrigation projects, and for other pur deficiency in the appropriation for miscellaneous items, con poses"; tingent fund of the House of Representatives. H. R.10175. An act to amend an Ret entitled "An -act to pro The SPEAKER. The gentleman from Indiana asks unani vide for the promotion of vocational rehabilitation of persons mous consent for the present consideration of a resolution which disabled in industry or otherwise and their return to civil em the Clerk will report. ployment," approved June 2, 1920, as amended; The Clerk read the resolution, as follows : H. R. 12013. An act to revise and equalize the rate of pension Resolv ed, etc., That the sum of $25,894.31 is hereby appropriated, to certain soldiers, sailors, and marines of the Civil War, to cer out of any money in the Treasury not otherwise appropriated, to tain widows, former widows of £uch soldiers, sailors, and supply a deficiency in the contingent fund of the House of Represen marines, and granting pensions and increase of pensions in cer tatives for the fiscal year 1930, for miscellaneous items, exclusive of tain cases; salaries and labor unless specifically ordered by the House of Repre H. R. 12205. An act granting pensions and increase of pen sentatives, and including reimbursement to the official stenographers to sions to certain soldiers and sailors of the Regular Army and committees for the amounts actually and necessarily paid out by them Navy, etc., and certain soldiers and sailors of wars other than for transcribing hearings. the Civil War, and to widows of such soldiers and sailors; The SPEAKER. Is there objection? The message also announced that the Senate had passed bills There was no objection. of the following titles, in which the concurrence of the House The House joint resolution was ordered to be engrossed and is requested : read a third time, wa·s read the third time, and passed. S. 35. An act for the relief of James W. Nugent; A motion to reconsider the vote by which the resolution was S. 107. An act establishing additional land offices in the States passed was laid on the table. of Montana, Oregon, South Dakota, Idaho, New Mexico, Colo rado, and Nevada; FLOOD CONTROL S. 308. An act for the relief of August Moh1·; Mr. RAGON. Mr. Speaker, I ask unanimous consent for the S. 1270. An act providing for the construction of roads on present consideration of H. R. 8479, to amend section 7 of the Fort Belknap Indian Reservation in the State of Montana ; Public Act No. 391, Seventieth Congress, approved May 15, 1928. S. 1317. An act to amend section 108 of the Judicial Code, as The SPEAKER. The gentleman from Arkansas asks unani amended, so as to change the time of holding court in each of mous consent for the present consideration of House bill 8479, the six divisions of the eastern district of the State of Texas, which the Clerk will report. and to require the clerk to maintain an office in charge of him The Clerk read the bill, as follows: self or a deputy at Sherman, Beaumont, Texarkana, and Tyler ; Be it enacted, etc., That section 7 of Public Act No. 391, Seventieth S.1447. An act for the relief of Pasquale Iannacone; Congress, approved May 15, 1928, be amended by adding thereto the S. 1536. An act for the relief of Blanch Broomfield; following proviso: ((Provided, That the unexpended and unallotted S. 1697. An act for the relief of Peter C. Hains, jr. ; balance of said sum, or so much thereof as may be necessary, may be. S. 1785. An act providing for tlie 'Construction of roads on the allotted by the Secretary of War on the recommendation of the Chief Blackfeet Indian Reservation in the State of Montana; of Engineers in the reimbursement of levee districts or others for ex S. 1985. An act providing against misuse of official badges ; penditures for the construction, repair, or maintenance of any flood S. 2334. An act for the relief of Wallace E. Ordway; control work on any tributaries of the Mississippi River that may be S. 2895. An act authorizing the bands or tribes of Indians threatened, impaired, or destroyed by flood or that have been impaired, known and designated as the Middle Oregon or Warm Springs damaged, or destroyed by flood ; and also in the· construction, repair, Tribe of Indians of Qregon, or either of them, to submit their or maintenance, and in the reimbursement of levee districts or others claims to the Court ·of Claims ; for the construction, r epair, or maintenance of any flood-control work S. 3068. An act to amend section 355 of the Revised Statutes; on any of the tributaries of the Mississippi River that have been im S. 3165. An act conferring jurisdiction upon the Court of paired, damaged, or destroyed by caving banks or that may be threat Claims to hear, consider, and report upon a claim of the Choc ened or impaired by caving banks of such tributaries, whether or not taw and Chickasaw Indian Nations or Tribes for fair and just such caving pas taken place during a flood stage. compensation for the remainder of the leased district lands; With the following committee amendment: _ S. 3490. An act to define, regulate, and license real-estate On page 2, line 2, after the word " tributaries," insert the words brokers and real-estate salesmen; to create- a real-estate com "or outlets." mlBSIOn in the District of Columbia ; · to protect the public Page 2, line 12, after the word "stage," insert: ((Provided further, against fraud in real-estate transactions; and for other pur That if the Chief of Engineers finds that it bas been or will be necessat;y poses; or advisable to change the location of any such flood-control work in S. 3581. An act authorizing the Secretary of the Interior to order to provide the protection contemplated by this section, such arrange with States for the education, medical attention, and change may be approved and/ or authorized." · relief of distress of Indians, and for other purposes ; S. 3712. An act to establish a military record for Charles The SPEAKER. The Chair understands that the amount Morton Wilson; . heretofore authorized will not be changed nor the amount S. 3938. An act authorizing the construction of the Michaud appropriated. division of the Fort Hall Indian irrigation project, Idaho, an Mr. RAGON. No, sir; not at all. appropriation therefor, and the completion 9f the project, and Mr. TILSON. Mr. Speaker, reserving the right to object, may I ask the gentleman whether the gentleman from Illinois for other purposes ; [Mr. REID] approves this bill? S. 4002. An act providing for the construction of roads on the Mr. RAGON. Oh, yes. Rocky Boy Indian Reservation in the State of Montana; · Mr. TILSON. It comes from his committee. S. 4064. An act to extend the times for commencing and com 1\1r. RAGON. It came out of his committee with a unani pleting the construction of a bridge across the Des Moines mous report. As I understand, he has been called away, and River at or near Croton, Iowa; that is the reason he is not calling up the bill. S. 4205. An act to amend paragraph (6) of section 5 of the Mr. TILSON. The gentleman from Arkansas can state that interstate commerce act, as amended; the gentleman from Illinois is familiar with this proposition S. 4242. An act to fix the salaries of the Commissioners of the and approves of it? · · District of Columbia ; · ' Mr. RAGON. He is. 9456 CONGRESSIONAL RECORD-HOUSE MAY 23 lh'. CHALMERS. I would like to ask th-e gentleman the introduced a bill and it went through the committee and through amount of the unexpended balance. the House and the Senate providing for one of these relocatiOI\8. :M:r. RAGON. There was $1,100,000 spent and $5,000,000 was Mr. SEARS. Will the gentleman yield? · authorized, so the~·e is about $3,800,000 unexpended. Mr. RAGON. Yes. Mr. LAGUARDIA. I· not the bill rather fa1·-reaching and Mr. SEARS. Suppo e the gentleman explains to the member~ llifferent from the original purpose? Does it not provide for re ship of the House why section 7 was placed in the bill and out imbursement for the breaking of levees, whether through floods of what this comes. or otherwise, and does not that change tbe original pm'I)Ose? Mr. RAGON. Section 7 was placed there to cover tho· ill,.. Mr. RAGON. No. The reimbur ement provided is merely tricts that are not in a backwater area nor on the Mi is ippi. for bankrupt di tricts. but it applies to all the tribotal'ies-the Ohio, the Wabash, the 1\lr. SNELL. :Mr. Speaker, may I ::mggest that before the Red, the White, the Arkansas, the Mi ouri, and the Upper time to object expil·es the gentleman be allowed to make an Mississippi-in the area above the backwaters, and the reim explanation of this bill. It i a rather important matter to bursement feature only applies where the di tricts were unable bring up in ·this way, and I think the House should be prop to take care of themselves at that time. erly iuformed before it considers legislation in this way. It is Mr. CHINDBLOM. Will the gentleman yield? unuer~tood that the ·tatement is to be made under a reservation M1·. RAGON. Ye . of objection. Mr. CHil\TDBLOM. This matter, of course, is in the juri ·dic Mr. RAGON. Mr. Speaker, I would like to say that a great tion of the .Committee on Flood Control? emergency exist at this time. The Arkan..,as River is banked Mr. RAGON. Yes. full and has been out of its banks in many places within the M.r. CID.l\'DBLOM. It happens that my colleague, the chair last 10 days. Practically all of the levees on the Red River man of that committee [1\fr. REID] is unavoidably absent, having have been washed away, anu the Ouachita River is in the left the city only ye terday. This matter is brought up now ; same condition. Those are the rivers I know about. wby could it not have been taken up while he was here, and why This bill seeks to make effective what we intended to do un can it not rest until he comes back? der ection 7 of the flood control act; that is, to take care Mr. RAGON. The gentleman from Illinois [Mr. REID] and I of tho e district that are beyond the back-water area of the are in strict agreement, and I am acting on his suggestion. Mis ~issippi River, tho e rivers which are tributaries to the IIis suggestion was that the gentleman from Nebraska report Mississippi. the bill) and the gentleman from Nebraska was to call it up, bot There are three things involved. First, the question of reim he was not on tbe floor when the House convened. bur.·ement will apply onJy to the few districts which are finan 1\Ir. CHINDBLOM. The pre ent occupant of the floor if' not cially involved. a member of the Flood Control Committee? Mr. SNELL. 'Vhat does the gentieman mean by reimbtil'se Mr. RAGON. No; but it is my bill, and that is the reason I ment? was recognized. I will say that it is eminently satisfactol'Y to 1\lr. U.AGON. I will state that to the gentleman. Imme the gentleman from Illinois and he would have called it up if diately following the flood of 1927 these levees were washed he had been here. away, and along the Arkansas River in particular there is Yr. CIDNDBLO~L When wa the bill reported out by the nothing in the world but a sand bank. These sand banks Flood Control Committee? - wash batlly and sand worse. Many of these districts went in Mr. RAGON. It was pa ·ed last week, but be~·e i a itua the~·e and built back their levees; that isp as to some of them tion which I think the gentleman does not under ·tand. The they built them entirely back and as to others they built them entire outheast section of Arkansas along the Red and the as far back as they could. We are seeking to help those dis Ouachita Rivers is under water. For miles there is as much tJ.'icts that were not able to borrow the money because the as 10 feet of water. I can show the gentleman picture of the districts were bonded to the limit. The individual commis situation. These pictu'res have been on the front pages of sioners in some instances pledged their own credit in order the papers almost every morning lately. This water is going to to get this money. If they had waited until the flood control recede and the question we are confronted with is how we are act bad pas ·ed, the Government would have gone in there and going to relocate these levees without any authority in the built these levees for them. The engineers have always mani engineer of the Army. fested a desire to help the e people, but under the construction Mr. CHINDBLOM. But, of course, that condition bas ex of the Comptroller General they could not do it. i&i:ed ever since thjs bill was reported out by the Committee on This is with respect to the item of reimbursement and only Flood Control covers the period between 1927 and the passage of the flood control act. Mr. RAGON. No; it has not. While the emergency has Mr. SNELL. Do I understand this is extending assistance existed to some extent on my river, the Arkansas, on the Retl a.ud that is not provided for in the regular flood control act? the other. the emergency has developed within the last few days. Mr. RAGON. No; it does not. We passed the Federal flood l\Ir. CHINDBLOM. It does seem to me that in the intere t control act thinking it would take care of this situation. of the u ual, orderly procedure, some member of the ommittee Mr. SNELL. Then this is a new interpretation of that act 'l on Flood Control should show an intere. t in the matter. Mr. RAGO..~.. l\lay I sugge~ to my friend that I know be Mr. RAGON. I may say that is correct~ yes. Mr. PARKS. -It is pnrely and simply a matter of inter- does not want to impute any improper motive to me? pretation. - Mr. HINDBLOM. Certainly not. Mr. RAGON. Yes; and it only appHes where the districts Mr. RAGON. The gentleman from Nebraska [1\Ir. EAR ) are in a bankrupt condition. In other words, if they had waited sits right here~ and I called the gentleman at his office as soon until the :flood control act passed, it would have cost the Gov as the Speaker said he would recognize me, but the gentleman ernment a great deal more money to have done this work than did not get here in time to make the request. The gentleman it cost the citizens who went in there and got on the job is on the Flood Control Committee and was delegated by the imm.edia tely. gentleman from Illinois [Mr. REID] to take this action. M.r. SNELL. How much will this cost? l\lr. HASTINGS. And he is the gentleman who made the Mr. RAGON. That is a little difficult to say. I believe report :from the committee? $300,()()() would cover the cases about which I know. Qn reim Mr. RAGON. Yes. It is a unanimous report from the com- bursement the claims have not been filed in full. We had that mittee, and they held hearings on the bill for a couple of days. question before the Committee on Flood Control. Mr. DYER. Will the gentleman yield? :Mr. LAGUARDIA. Were these expenditures made by these Mr. RAGON. Yes. citizens or communities in anticipation of reimbursement by the Mr. DYER. Has the gentleman co-nferred with my colleague Federal Government? from M1s ·ouri [lUr. SHORT], who is a member of t11e Flood Mr. RAGON. Yes; they thought the Federal flood c-ontrol Control Committee? · act would take care of it. Mr. RAGON. The gentleman from Mis ouri [Mr. SHOBTJ is Now, tbere is another question involved here and that is the as strong for this bill as I am, but be is not in the city. question of the relocation of levees. The Government went in Mr. DYER. He is very much in favor of it also? at a number of places and found it was their duty to rebuild !-Ir. RAGON. Yes; absolutely. these levees under ection 7, but, under the construction that :l\Ir. COCHRAN of Missouri. Will the gentleman yield 1 had been put upon the law by the Comptroller Gf'lleral and the Mr. RAGON. Yes. Chief of Engineers, it wa held they bad no authority to relo Mr. COCHRAN of Missouri; They have had about 20 floods cate a levee. In other words-, they had to leave it alone because in the St. Francis Valley. due to the fact the levees have been they had no authority to go out there and build tbe levee in a destroyed in part, and they have no money with which to re:. ' more practical place. They have always maintained they should place them. · A very serious situation exists in that section. dQ this, but tl!ey have not had the authority; ~d last year I Mr. RAGON. That is true. , 1930 CONGRESS! ON AL RECORD-HOUSE 1\lr. COCHRAN of Missouri. Will this bill take cure of that the highest character and the highest attainment in culture ~~ situa tion 1 . engaging personality. Mr. Alward held many positions of trust Mr. RAGON. Yes; this bill takes care of that. and honor in his home State. At the time of his death he was l\Ir. COCHRAN of Missouri. Then, this bill will be of benefit secretary of the Michigan State Senate, which position he had to the St. Francis Valley? held for a number of years. Hi:;; passing away is a distinc-t l\Ir. RAGON. Yes; certainly. loss to my community, to the State of Michigan, and to the The SPEJAKER. Is there objection to the request of the Nation at large. gentleman from Arkansas? CLAIM OF THE CITY OF PARK PLACE There wns no objection. Mr. IRWIN. Mr. Speaker, I ask unanimous consent to take The SPEAKER. The question is on agreeing to the com from the Speaker's table the bill H. R. 6414, with a Senate mittee amendments. amt>ndment, and concur in the Senate amendment. The committee amendments were agreed to. 1'he SPEAKER. The Clerk will report the title of the bill. The bill was ordered to be engrossed and read a third time, The Clerk read as follows: was read the third time, and passed. , On motion of Mr. RAGoN, a motion to reconsider was laid on An act (H. R. 6414) authorizing the Court of Claims of the United the table. States to hear and determine the claim of the city of Part Place, hereto FAKE ADVERTISING fore an independent municipality, but now a part of the city of Houston, Tex. 1\Ir. EDWARDS. l\Ir. Speaker, I ask unanimous consent to extend my remarks in the RloooRD. The Senate amendment was read, as follows: The SPEAKER. Is there objection to the request of the Page 1. line 4, after "determine," insert "and report to Congress." gentleman from Georgia? The Senate amendment was concurred in. There was no objection. M.ABIJUNE CRON Mr. EDWARDS. Mr. Speaker, in a Washington paper this morning I noticed the following advertisement: The ·sPEAKER. The Clerk will call the first bill on the Private- Calendar, beginning at the star. Clairvoyant, the man who knows. The first business on the Private Calendar was the bill (H. R. Two entrances, 608 Twelfth Street NW., 1203 F Street NW., up one 478) for the relief of Marijune Cron. flight over Woolworth's 5 and 10 cent" store. The Clerk read the title to the bill. ·Do you want to know ? The SPEAKER. Is there objection? He t ells you the truth, good or bad. There was no objection. This strange man sees the way and tells it all. Just what your life The Clerk read the bill, as follows: bas been. Just what it will be. Tells you when and whom you will it enacted~ That the provisions of subdivision H of section marry ; whether husband, wife, or sweetheart is tr-ue or false. Tells as Be etc., 10 of the act entitled "An act to provide compensation for employees to changes, travel, loss, or absent friendS ; divorce, wills, deeds. Whether of the United States suffering injuries while in the performance of their it is best to buy or sell. He tells the good and the bad. A visit will duties, ·and for other purposes," as amended by the act of February 12, convince you of his wonderful !}(>wer. 1927, be, and the same are hereby, made to apply to Marijune Cron, Something tells you this is the man. You feel the impulse to call. widow of Warren M. Cron, who was fatally injured on July 30, 1923, Do not delay. while performing his duties ru3 an employee of the United States A FAKE AND A FRAUD Reclamation Service, Department -of the Interior, near Boise, Idaho. Every intelligent person knows these so-called clairvoyants are fakes and frauds. If there is no way to reach these fakers The bill was ordered to be engrossed and read a third time, who are defrauding many simple-minded people, a way ought was read the third time, aoo passed. to be provided. It is a matter the District Affairs Committee A motion to reconsider was laid on the table. should at once take up and consider. One would think the day C. B. SMITH of the fortune teller is in the past, and yet we find these The next business on the Private Calendar was the bill (H. R. fakers fleecing people in the Capital of the Nation. What are 794) for the relief of C. B. Smith. the orgllnizations that stand for truth in advertising doing The Clerk read the title to the bill. throughout the country to put these fakers out of business? The SPEAKER. Is there objection? The truth is the newspapers and magazines ought not to carry There was no objection. these advertisements through which great numbers of unsus· · The Clerk read the bill, as follows : pecting people are defrauded and deluded. Be it enacted, etc., That the Secretary of the Treasury be, and he SHOULD NOT GO THROUGH MAILS is hereby, authorized and directed to pay to C. B. Smith, of Eli.zabeth Such advertisements should not be permitted to be carried town, Hardin County, Ky., the sum of $10,000 in full settlement of through the mails. What is the Post Office Department doing to all claims against the United States for injuries arising out of a stop such fraudulent schemes? If papers and magazines that gunshot wound inflicted by the discharge of a machine gun in Eliza carry such unworthy advertisements are excluded from the bethto~n on April 6, 1918. mails, they would quit accepting them in their columns. If there is no authority in law to cover such cases, then the With the following committee amendment: Committee on Post Offices and Post Roads or some other com In line 5, strike out the figures " $10,000 " and insert in lieu thereof mittee having jmisdiction should take appropriate action to fl,le figures " $1,500." s}?.ut such defrauding schemes out of the mails. The committee amendment was agreed to. CHEATING AND SWINDLING The bill was ordered to be engrossed and read a third time, In Georgia such cheats and swindlers as " fortune tellers " was read the third time, and passed. " clairvoyants," and the like can be reached under a statute A motion to reconsider was laid on the table. making cheating and swindling a misdemeanor. There should be such a statute in the District of Columbia and in every State LEAVE TO FILE REPORT of the Union. These common cheats and swindlers ought to be Mr. JOHNSON of Washington. Mr. Speaker, I ask unani prosecuted and given chain-gang sentences wherever and when mous consent that the Committee on Immigration and Naturali ever they show up. The country ought to be ridded of them, zation may have until midnight to-night to file the report on and the foolish people upon whom these criminals prey pro- the bill S. 51. tected against them and against such " rotten bunk." · The SPEAKER. Is there objection to the request of the DENNIB E. ALWARD gentleman from Washington? Mr. HUDSON. Mr. Speaker, I hold in my hand the follow 1\Ir. TILSON. Reserving the· right to object, and I am not ing telegram : going to ·object to this request, but requests relating to ex traneous matters should not be brought up during the con Hon. GRANT M. HUDSON, sideration of the P'rivate Calendar. I shall object to any Oongreasman from Michigan, House Otfioe Bt,ildi-n{J: further requests until the Bouse is ready to adjourn to-night. Secretary o! the Senate Dennis E. Alward passed a way to-day at noon. I think ·it is only fair that while we are considering the Private MYLES F. GRAY, Calendar it should not be interrupted by such requests. (]lerk~ House of ReP'reaenta.tives. Mr. JOHNSON of Washington. I intended to speak to the Mr. Speaker, Mr. Alward entered the service of this House in leader of the majority but was detained. · May, 1896, as superintendent of the document room. On April Mr. TILSON. I am not going to object to this, but anything 1, 1897, he received appointment as reading clerk, and served jn outside of the Private Calendar should. wait until we are that capacity until April 26, 1911, a period of more than 14- through for the day. years. During that extended service he was recognized as a The SPEAKER. Is there objection? most efficient public servant. Mr. Alward was a gentleman of There was no objection. '9458 CONGRESS! ON AL R.ECOR.D-HOUSE ~fAy 23
Mr. GREE.N..WOOD. I would like to ask the gentleman from ing. Any person violating the provisions of this act shall be deemed Connecticut if we are going to consider the Private Calendar guilty of a misdemeanor and upon conviction thereof shall be fined in to-morrow? any sum not exceeding $1,000." Mr. TILSON. I hope so; I hope that we may go light along The committee amendments were a.greed to. with the Private Calendar. Mr. IRWIN. 1\Ir. Speaker, I offer the following amendment . BELLE CLOPTON which I send to the Clerk's desk. The next business on the Private Calendat· was the bill (H. R. Amendment by Mr. lBWlN: Page 2, line 3, strike out " $10,000 " and 913) for the relief of Belle Clopton. insert " $5,000." The Clerk read the title of the bill. The SPEAKER pro tempore [Mr. SNELL]. Is there objection? The amendment was agreed to. There was no objection The bill as amended was ordered to be engrossed and read a The Clerk read the bill, as follows : third time, was read the third time, and passed. A motion to reconsider the vote by which the bill was passed Be it enacted, etc., That the Secretary of the Treasury be, and he was laid on the table. Is hereby, authorized and directed to pay, out of any money in the 1.'reasury not otherwise appropriated and in full settlement against C. 0. CROSBY the Government, the sum of $1,000 to Belle Clopton, of CoVington, The next business on the Pl'ivate Calendar was the bill (II. R. Ky., on account of iDjuries sustained when struck by a post-office mail 1499) for the relief of C. 0. Oro by. truck in said city on December 24, 1927. · The Clerk read the title of the bill. The bill was ordered to be engrossed and read a third time, The SPEAKER pro tempore. Is there objection? was read the third time, and passed. Mr. COLLINS. Mr. Speaker, I reserve the right to object. A motion to reconsider the vote by which the bjll was passed I would like to know something about this bill. Mr. IRWIN. What would the gentleman like to know about was laid on the table. it? - FRENCH BARK " FRANCE " Mr. COLLINS. Why we are going to pay the sum of The next business on the Private Calendar was the bill (H. R. $3,765.01. 9 24) for ·the relief of the owners of the French bark France. Mr. IRWIN. This bill is like a nnmber of others that are There being no objection, the Clerk read the bill, as follows : recommended by the Post Office Department, where there is a Be it enacted, etc., That there is hereby authorized to be appropriated, shortage, and where it is not shown that the postmaster was out of any money in the Treasury not otherwise appropriated, the sum negligent in any way. It is not a matter of the payment of of $G30 to reimburse the owners of the French bark France for a fine money, but is a matter of relieving these people. It is a mat impo ·ed for failure to furnish a crew list on the proper form as required ter of bookkeeping. We have ha
Page 1, nne 7, strike out "$10,000., and c insert "$5,000." 28, 1026, a.nd to some extent to the emqezzlement of funds by a Page 2, line 6, after the word "York," insert a colon and the fol former clerk in the post office. · lowing: The bi1l was ordered to be engrossed and read a third time, r< Providecl, That no part of the amount appropriated 1n this act in was read the third time, and passed. excess of 10 per cent thereof shall be paid or delivered to or received A motion to reconsider the vote by which the bill was passed by any agent or agents, attorney or attorneys, on account of services was laid on the table. rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys. to exact, collect, withhold. or G. T. HANSON receive any sum which 1n the aggregate exceeds 10 per cent of the The next business on the Private Calendar was the bill amount appropriated in this act on account of services rendered in (H. R. 1582) for the relief of G. T. Hanson. connection with said claim, any contract to the ·contrary notwitbstand- The title-of the bill was read 0 1930 CONGR-ESSIONAL RECORD-_ HOUSE 9459 The SPEAKER pro tempore. Is ther:e objection to the present Does that change the situation in the opinion of my colleague consideration· of the bill? from Mississippi? · Mr. IRWIN. Mr. Speaker, I ask unanimous consent to lay Mr. -coDLINS. I do not think so, because when the prin that bill on the table. ciple is recognized it is recognized for all purposes. The SPEAKER pro tempore. Is there objection to the gentle Mr. CHINDBLOM. Is this land included in the reclamation man's request? projects of the United States? There was no objection. Mr. SWING. Yes. Mr. GREENWOOD. Are not the different funds carried HANN-AH ODEKIRK separately? The next business on the Private Calendar was the bill Mr. S'VING. On the books the accounts ure carried sepa- (H. R. 7299) for the relief of Hannah Odekirk. rately, but the funds are not. _ There being no objection to its consideration, the Clerk read Mr. GREEl\TWOOD. Here is a project where a reservoir was the bill, as follows : built to take care of this particular project. Because it was Be it enacted, etc., '!'hat the Secretary of the Interior be, and be unsuccessful, the people come asking the Government for relief. is bet;eby, authorized and directed to issue a patent under the home According to this bill, it would come out of the gener·al fund. stead entry of Beber Odekirk to his widow, Hannah Odekirk, for the Should it not come our of that particular fund? Because it was southeast quarter section 26, township 2 south, range 2 west, Uintah unfortunate when the flood came, this claim ought not to be special meridian, Utah : Provided howevc-1·, That in addition to the usual charged off to the general fund. fees and commissions payable under existing laws said Hannah Mr. SWING. If, of course, the settlers on this project must C>dekirk shall pay the sum of $1.25 per acre for the land so entered. pay for their own damage, then we are merely running around which latter sum shall be -deposited in the Treasury of the United in a circle and getting back to the same place where we· started. States and disposed of in the same manner as other proceeds derived The result is a denial of any relief, -because instead of affording ~rom the sale of lands within the former Uintah Indian Reservation, them relief, we turn around and make them pay it out of their Utah. own pockets. It is put in this form on the recommendation of The bill was ordered to be engrossed and read a third time. the Budget and the Reclamation Commissioner. As I stated a ''"as read the third time, and passed. moment ago, the local settlers on the project had not a single A motion to reconsider the last vote was laid on the table. word to say as to who is to be sent there to be engineer on the project, or ady-ise ·him in any particular. If he does wrong, if CLAIMS, YUMA RECLAMATION PROJECT, CALIFORNIA he fails to use ordinary care, it is chargeable to the Reclama The next business on the Private Calendar was the bill tion Service, which sent him there, and therefore should be paid (H. R. 650) for the payment of damages to certain citizens of · out of the reclamation fund. California caused by reason of artificial obstructions to the Mr. GREENWOOD. Will the g~ntleman yield? natural flow of water being placed in the Picacho and No-Name Mr. SWING. I yield. Washes by an agency of the United States. Mr. GREENWOOD. I do not quite agree with the gentle The title of the bill was read. man's conclusions, that because this damage arises over the The SPEAKER pro tempore. Is there objection to the whole project, therefore the project should bear the expense of pre ent consideration of the bill? the damage. No doubt special damages did not occur to all the Mr. COLLINS. Reserving the right to object, Mr. Speaker, people in the project, but to only a few, and there were some why should the Government pay this claim? who did not incur damages ; and to make the whole project pay Mr. SWING. Well, that is a fair question. I think that it does not mean, exactly as I see it, what the gentleman says. ordinarily the Government ought cheerfully to subject itself to Mr. SWING. If that principle was carried. to the extreme, it the same rules of law as it requires its private citizens to sub might result in the project being required to pay its own relief, ject themselves to in a case of injury done to one of them by although the damage was due to the gross negligence of the another. engineer over whom they had no control. · Now, while we do not want any precedent imposing on the Mr. GREENWOOD. I think the project ought to stand the Government any high duty in the performance of this kind of damages in this case, because these engineers were there for the 1 work, yet it seems to me that the Government engineers ought purpose of improving the project, by making a reservoir that ' to be required to exercise ordinary care, as you and I under would take care of the excess water, at time of special flood. stand that word in law. If the construction were done in a Surely the general reclamation fund should not be chargeable manner that would obviously defeat its purpose, if there had with a flood condition, and the project which was getting the ' been a lack of ordinary care, and the citizens had no control benefit of this construction ought to be willing to stand the over the selection of the engineer, he being an agency selected in expense of the damages. Washington and sent out there, and they having to permit him Mr. SWING. I would agree with the gentleman if it wRs a to do the job in the way he chooses, and the evidence shows special flood, different from what mmally happens in the dis- · clearly that he did not use ordinary care, I think the citizens trict, but the evidence which was pre~ented to the committee in : ought to be able to recover the loss sustained owing to the the form of convincing affidavits, showed that this kind of a ; Government officer's negligence. rainfall had happened in years before and that the engineers I am personally and intimately acquainted with this little were chargeable with knowledge of this sort of thing. It had i settlement, which exists in Imperial County in the district I happened the year before. In fact, it happened within a year have the honor to represent, and I visited this place many after they built this flimsy reservoir out of sand, insufficient in times when I was district attorney and have visited it since I size and material to do even what they undertook to do. have been a Member of Congress. I know most of these people 1\Ir. GREENWOOD. I think that the committee amendment personally. Some of them were owners and some had leases which says that the funds disbursed under this act shall not be thereon. This land is all held in small tracts, by comparatively chargeable to or repaid by the water users of the Yuma project, poor people. I think 20 acres would be the average size of the ought to go out, and I feel constrained to object unless that i~ tracts. Some are as small as 10 acres. But a large number eliminated from the bill, because this project ought to stand of poor people are located on this Government project, which that damage, and it should not be crowded over onto the gene-ral 1s a part of the Yuma project, largely in Arizona ; but this small part of it happens to be in California. reclRmation fund. Mr. COLLINS. This case is quite unusual. An embankment l\11·. SWING. I will be compelled to yield to the gentleman's broke and overflowed some lands, and the Government is now viewpoint, of course. cnlled upon to pay damages which these people claim to have 1.\'Ir. GREEl\TWOOD. Surely the other projects ought not to sustained by reason of that break in the embankment. come here and ask the general i·eclamation fund to make a con If Congress starts the precedent of paying such claims, then tribution to this damage. people along the banks of the Mississippi or other streams that Mr. STAFFORD. Will the gentleman yield? are subject to overflow should also be compensated when the Mr, SWING. I yield. levees break. This means that Congress will be called on in Mr. STAFFORD. Does not the gentleman view these projects the future to pay claims running into millions of dollars. as being separate entities, charged with the maintenance and Mr. CHINDBLOM. Mr. Speaker, will the gentleman yield care of conditions that arise in c~>nnection therewith? there? l\fr. SWING. Under all circumstances, yes; but as far as Mr. COLLINS. Yes. the selection of the engineers and managers of these projects Mr. CIDNDBLOM. I have observed that the committee has is concerned, the selection · is made -in Washington, and the prepar:xl an amendment which was recommended by the Com engineer or manager the settlers never see until he arrives, and -missioner of the General Land Office, and which is in accord they have no control over them as to what they shall ·do · or with the reeommendation- of the Bureau of. the --Budget, to the not· do; that ,is all controlled from--Wuhington; -so; in aU efrect that the money shall be paid out of the reclamation fund. fairness and justice, they should not be held :r.esponslble for - 9460 CONGRESSIONAL RECORD-HOUSE MAY 23 what this engineer does, if he is guilty of gross negligence. I priated in section 2 of this act is sufficient, or, it' such amount is am only holding the Government to ordinary care. insufficient, -to ·pay each person slich percentage of the amount of his Mr. STAFFORD. There is nothing in this record to show property loss as the amount approp~ted bears to the amount u ter that this person was guilty of gross negligence. mined by the Secretary as tbe property loss sustained. Mr. SWING. It is found by the committee on the evidence, With the following committee amendment: and it is on page 3 of the report: Page 2, line 4, strike out all of llne 4 and the word .. California " But even if it were otherwise. there appears to be a total failure on in llne 5, and insert the words " and other owners· of property damaged the part of the engineers in the ~nstruction of this reservoJr to provide by reason of said flood!' · a storage basin and gplllway adequate either in size .or construction to handle 1lood waters which ought to have been reasonably expected The committee amendment was agreed to. in that section. Mr. STAFFORD. .Mr. Speaker, I offer an amendment. At the end of section 1 tnsert the following : The words " gross negligence " are in the next sentence. · Yr. STAFFORD. There is nothing in the report of the In full settlement of each of theJr individual claims. Commissioner of Reclamation with reference to that statement. The SPEAKER pro tempore. The gentleman from Wisconsin I have read the report very carefully. · offers an .amendment which the Clerk will report. Mr. SWING. That is true; but the committee had before it The Clerk read as follows : some 12 or 15 affidavits, presented by responsible people, includ Amendment otrered by Mr. STAJI'FORD: On page 2, line ll, after the ing engineers, and the committee was convinced by careful study word "sustained," strike out the period, insert a comma, and tbe fol· of these affidavits that there was gross negligence. lowing: "In full settlement of each of their individual claims." Mr. GREENWOOD. If every engineering claim that is pro posed for the relief of a project goes wrong and results in .The amendment was agreed to. damage, and the damages are going to be crowded over onto The Clerk read as foUows ~ all the projects in the reclamation fund, we will have thousands SEc. 2. There is hereby approprlB.ted, out of any money In the of cases on a precedent like this. I am going to insist that these Treasury not otherwise appropriated, the snm of $40,000, or so much damages be paid out of the funds of this particular project. If thereof as may be necessary for the purposes of this act. you ru.·e willing to agree to truit amendment, I will not object. With the following committee amendments: Mr. COLLINS. What about the amount? · We are asked to pay people who have not even repaired their damag.es. Page 2, Jtne 13, ·strike out thi! words .. Treasury not otherwise appro MI. SWING. To me that is the strangest action on the part priated" and insert the words .. reclamation fund." of the board of appraisals that could be imagined. A man The committee amendment was agreed to. his the it left land in identical way in which was when dam Page 2, llne 15, atter the word "ad," msert the words .. the fnnd aged so that the appraisers could come and see it, instea{} of disbursed under this aet shall not be chargeable to o:r repaid by the having destroyed the evidence of damage ; but having left it water users of the Yuma project." there for them to inspect, they then hold that they will not compensate him because be has not repaired his property. Some .Ur. GREENWOOD. Mr._ Speak.er, I o.ffer an amendment to of them were too poor to repair it. They did not have the the committee amendment. In Hne 16, strike out the word money. They were down and out because they han lost that " not," so it will read : year's crop, and they could not repair it. To say that we will The funds disbursed under this act shaD be chargeable to or r~paid not compensate them until they have repaired their property, by the water users of the Yuma project. when we have destroyed the very means by which they could The SPEAKER pro tempore. The gentleman from Indiana pay fo1· it, namely, their crops, is unthinkable to me. offers an amendment, which the Clerk will report. Mr. COLLINS. I would like to read to the gentleman what The Clerk read as follows : • tbe report says. It says : Amendment offered by Mr. GREENWOOD to the committee amendment l The board, in rejecting these latter claims. .said it was in accord Page 2. line 16, after the word .. shall," strike ont the word "not." ance with an adopted policy of disallowing damages to lands and improvements whlch have not been repaired. The amendment to the committee amendment was agreed to. The committee amendment as amended was agreed to. Mr. SWING. The gentleman is a good lawyer, and he knows The bill was ordered to be engrossed and read a third time, there is no such provision of 1aw anywhere in any statute book was read the third time and passed. of any State. A motion to reconsider the vote by which the bill was passed ·Mr. COLLINS. It seems to be the policy of this board. was laid on the table. Mr. BACHMANN. :Mr. Speaker, the regular order. The title was amended. ·Mr. STAFFORD. Will the gentleman withhold that for a minute? RELIEF OF CONTRACTORS .AND SUBCONTRACTORS FOR POST OFFICES .AND Mr. BACHMANN. I will withhold it for a minute. OTHER BUILDINGS Mr. COLLINS. Well, we will object if the gentleman wants The next busine s on the Private Calendar was the bill (H. R. us to. 4064) to amend the act entitled "An act for the relief of con Mr. SWING. . I have agreed to accept the amendment which tractors and subcontractors for the post offices and other build is insisted upon by the g~ntleman from Indiana [Mr. GREEN ings and work under the _supervision of the Treasury Depart WOOD]. ment, and for other purposes," approved August 25, 1919, as Mr. GREENWOOD. Reserving the right to object further, amended by act of March 6, 1920. my proposal is to strike out the word " not " in line 16, page 2, The Clerk read the title of the bilL so that it shall read "the funds disbursed under this act shall The SPEAKER pro tempore. Is there objection? be chargeable t<> or repaid by water users of the Yuma Mr. COLLINS. Mr. Speaker, reserving the right to object, project." I do not see why this claim should be paid. The bidder was Mr. SWING. I accept the amendment. a warded the contract, accepted it, and now claims that he ought Mr. STAFFORD. Will the gentleman be willing to accept to have about $16,000 more than the amount of his bid because the following amendment? At the end of section 1, n In full be bad to pay more for lumber and labor than he thought be settlement of each of their individual claims "? should pay. Mr. SWING. Absolutely. Mr. LANKFORD of Virginia. The Post Office Department Mr. STAFFORD. I thought that would meet with the ap- evidently continued to let these conn-acts on a definite bid p;roval of the gentleman. while the war contracts throughout the country were being The SPEAKER pro tempore. I s there objection1 made on a cost-plus basis. There was no 9bjection. . Mr. COLLINS. Cost-plus contracts should never have been
The Clerk read as follows: f tolerated. Be it en.actecl~ etc., That the Secretary of the Interior is authorized Mr. LANKFORD of Virginia. That was not his fault. He nnd directed (1) to cause a survey to be made in such manner nnd could have bid four or five times as much if be wanted to be under such regulations as be deems necessary for the purposes of this dishonest and made it up, but he bid like he always bid. act to determine · the property loss by 1lood· by reason of the failure Mr. COLLINS. Then be would not have secured the contract on August 2, 1926, of the embankments of the detention reservoir because there were :five bidders. btrllt by the United State~t Reclamation Service in the Picacho and Mr. LANKFORD of Virginia. Here is the situation: He is NO-name Washes on the Bard unit of the Yuma reclamation project, a very old man and this old man bas lost his home by reason sustained by T. E. Wbite, Mrs. A. M. Rouse, 1. H. Hamblen, J. F. .of this contract. He had other contracts before and he always Goodwin, and other property owners residing on aaid Bard unit, . completed them. When he went to do this work he found they California; and (2) to pay •SUCh ·looses 1n lull if the amount appro- had commandeered his brick. A ca~load of brick would come in 1930 CONGRESSIONAL RECORD-HOUSE 9461 for him and then the Government would take it away and the The Clerk read the bill as follows : GoYernment took hi labor a way from him. Be it enacted., etc., That the Comptroller of the Treasury be, and he Mr. STAFFORD. Will the gentlemen yield? is hereby, authorized and directed to pay, out of any funds not other Mr. LANKFORD of Virginia. Yes. . wise appropriated, to ~rge F. Newhart, Clyde Hahn, and David Mc Mr. STAFFORD. But the Government waived any claims Cormkk the som of $628.75, being the amount paid out by them by for liquidated damages by reason of the building not having reason of expenses incurred by them and judgment rendered against been constructed within the specified time. them tb:roag'h the wrongfnl a.rreat of William Edward Benner, under a 1\II'. LANKFORD of Virginia. It took him over a year warrant issued by the United States Navy Department based upon an longer. . e-rroneous charge that the said William Edward Benner was a des{'rler 1\ir. STAFFORD. But the Government · made no claun for from the United States Navy. stipulated damages based upon noncompletion within the time specified, so no complaint can be lodged against the Govern With the following committee amendments: meut on that score. Page 1, line 5, a.fter the word " appropriated," insert the words " and Mr. LANKFORD of Yirginia. Prol>ably not on that score, in full settlement against the Government." but the GoYernment allowed other contracts to go on, and these Page 1, nne 7, strike out "$528.15" and insert "$398.76." Government contractors took his material and labor away from The committee amendments were agreed to. him ~o that he had to pay two or three times the amount he Mr. IRWIN. Mr. Speaker, I offer an amendment. wou'ld have had to pay to eomplete the contract. This is not The SPEAKER. The gentleman from Dlinois offers an a pre<:edent. amendment, which the Clerk will report. Mr. COLLINS, Right on the point of the precedent, Mr. The Clerk read as follows : Mellon in his report to the committee invites the attention of Amendment oft'ered by Mr. IRWrN: · Page 1, Unc 3, after the words Congre..;s to the following: " that the," strike out the word " Comptroller " and insert the word 'fhat the enactment of the proposed legislation would open the door " Secretary." to a large number of other claimants whose status is practically the same a that of - Mr. Brent, and the amount of such claims would The amendment was agreed to. The bill was ordered to be engrossed and read a third time, aggt·egate quite a large sum. was read the third time, and passed. Mr. LANKFORD of Virginia. But on page 2 of the report A motion to recon ider was laid on the table. you ·will see the committee reported that the same relief hacl been granted to the Mahoney Construction Co. and in other MARY J. DEID ca~es under exactly similar conditions as those that apply to The next business on the Pri"\"ate Calendar was the bill (H. R. this case. The committee after a full hearing reported _!his out !)39) for the relief of Mary J. Dee. as an equitable claim and they fully agreed on it. They went The Clerk read the title of the bill. into it very carefully. This does not give this claimant $16,000, The SPEAKER pro tempore. Is there objection to the present but gives him a chance to ubmit his claim to the Treasury con ideration of the bill? Department and to show what loss he actually sustained. I Mr. COLLINS. Mr. Speaker, reserving the right to object, hope .the gentleman will not object. because, as I have sa~d, how does the amount carried in this bill compare with the this is an old man who has bad his home taken away from him amount that this party would have received if the claim had and he is now in a pathetic condition just on account of this been filed with the Compcn!;lation Commission? contrad. He has never been able to get on his feet again. Mr. SPROUL of Illinoi . My understanding is that they fig Mr. GREENWOOD. Will the gentleman yield? ured up what he would have received had he made application 1\Ir. LANKFORD of Virginia. Yes. for compensation at the time he was injured. Mr. GREENWOOD. It strikes me it is a very questionable Mr. IRWIN. Y-es; with a reasonable amount for medical and Jf'ederal policy when a definite contract has been entered into, surgical attention. becau. ·e exceptional circum tances arise and the contractor loses Mr. COLLINS. Does the gentleman think he ought to ex moner, then the Government shall be asked to reimburse him or ceed the amount that would have been received had the claim refund him his lo. ses, when there were thousands of cases been filed under existing law with the commission? where contractors, becau ·e of peculiar circumstances, made Mr. IRWIN. · No; I think if it h~d been filed he -would have excessive profits, and the Government wa · never paid anything received about this amount. on that account; but when a loss arises they put in a claim so Mr. SPROUL of Illinois. And in addition, he would have that the Government under such a policy would lose both ways. received hospitalization and medical attention. I knew this Mr. LANKFORD of Virginia. I agree with the gentleman man Dee for many years ; in fact, he -worked for me for three thoroughly but this man did not have that kind of contract. years as a plasterer. During the war he was too old to enlist He had a iump-sum contract that he had to comply with. He and they wanted men to protect Government property-- did not have a cost-plus contract. Mr. COLLINS. I haYe no objection to the claim, except I Mr. GREENWOOD. That is exactly the reason this seems do not want it to exceed the amount he would have received to be a peculiar policy. Where a man binds him ·elf for a spe bad he filed his claim with the Compensation Commission. dfic figure to do a piece of construction work, that is a contract Mr. GREENWOOD. In that connection, if the gentleman that he ought to stand by even though he has some losses. will permit, it seems from the wording of the bill that there Mr. LANKFORD of Virginia. But these los ·es came through might be some question about whether this is not a straight- 1 no fault of his own. He was unable to do t11e work at the out lump-sum relief of $2,500, and also an additional payment price be had bid in good faith because of the action of the of $29.75 per month. Government. Mr. SPROUL of Illinois. For the balance of her life. Mr. GREENWOOD. I do not think it has been shown that 1\lr. GREENWOOD. Is that the situation? this ,...-as through the fault of the Government. Many contrac Mr. SPROUL of Illinois. That is the situation. , tor· lose because of Ullusual circumstances that arise after the Mr. GREENWOOD. There is first a lump sum given of contraet is taken, but that is a part of the speculation in $2,500, and then installment payments of $29.75 1-,er month in contradillg. addition. Mr. LA..~KFORD of Virginia. But it was the fault of the Mr. SPROUL of Illinois. If the gentleman will look over the Government in allowing the e cost-plus contractors to bid more report-- for the work which they were doing, and the more they bid the Mr. GREENWOOD. I am simply asking for information. more money they made, but this man was compelled to comply Mr. SPROUL of Illinois. This man was injured in 1920 and with his contract and the cost of his labor and material was he dietl in 1926. They had accumulated a little property, but constantly going up. his wife had to spend it all taking care of him. Mr. O'CONNELL. Regular order, Mr. Speaker. Mr. GREE~'"WOOD. I am not going into the merits of the The SPEAKER pro tempore. Is there objection? ca.,·e, but this bill gives a lump sum, and my inquiry is, Does Mr. COLLINS. I object, Mr. Speaker. it give the two items? GEORGE F. NEWHART, CLYDE HAHN, .A~~D D..\.VID M'OORMICK Mr. IRWIN. 'The committee considered this matter thor The next business on the Pl'ivate Calendar was the bill (H. R. oughly. It is a matter of six years that tltis woman bad to 885) for the relief of George F. Newhart, Clyde Hahn, and nm·se her husband. He would have been entitled to $2,500 at a David McCormick. very low rat~is salary was not large--he would have been The Clerk Tead the title of the bill. entitled to two-thirds of what he was being paid at the time of The SPEAKER pro tempore. Is there objection to the prel=lent the injury. That went on over a period of six years. She was com;;i(lerntion of the bill? compelled to take care of him, pay the doctor's bills and hospital Tlwre was no objection. bill!::, wl•ich would amount to about $2,500. 9462 CONGRESS! ON AL R.ECORD-HOUSE }fAY 23
::rtlr. GREE~WOOD. Th~ gentleman means to say that the ·The bill as amended was ordered to be engrossed and read a committee grants $2,500 in a lump sum, and then $29.75 monthly third time, was read the third time, and passed. from the passage of the bill, and that is not being charged up A motion to rec~msider was laid .on the table. against the $2,500? TIMOTHY J. MULCAHY Mr. IRWIN. Oh, no. If the gentleman will stop and con sider-this does not amount. to what he would have received had The next business on the Private Calendar was the bill (H. R. he filed right away. 1696) for the relief of Lieut. Timothy J. Mulcahy, Supply Corp , Mr. GREENWOOD. What limit does the employers' liability United States Navy. · · act place on installment payments? There being no objection, the Clerk read the bill, as follows: Mr. SPROUL of illinois. To the widow? Be it enacted, etc., That the Secretary of the Trea ury is hereby Mr. GREENWOOD. Yes; is it to the e:~.'tent of her life? authorized and directed to pay, out of any money in the Treasury not Mr. SPROUL of Illinois. Until she gets marl"ied or dies. otherwise appropriated, to Lieut. Timothy J. Mulcahy, Supply Corps, Mr. CHL."'{DBLOM. As a matter of fact, in an ordinary case, United States Navy, the sum of $315.65, to reimburse said ofHcer for the payments begin at the time of death. I observe the com Cei'tain unauthorized overpayments to various enlisted men while he mittee has amended the law so as to begin after the passage of was acting in the capacity of db;bursing officer at the United States this act. The $2,500 takes care of the claim up to the time of his receiving ship, navy yard, Philadelphia, Pa., which amount said officer death. refunded to the Government to remove the (lisallowance in his accounts Mr. STAFFORD. In many bills they give compensation from because of such overpayments. the time of the passage of the bill. Here the committee makes The bill was ordered to be engrossed and read a third time, an allowance for the remainder of his lifetime. was read the third time, and passed. 1\Ir. CIDNDBLOM. I am not complaining of the action of A motion to reconsider the vote by which the bill was passed the committee, but I think the committee has been careful not was laid on the table. to make the amount excessive. 1\fr. GREENWOOD. I am satisfied; I think it is fair, and if' MARGARET LEMI..E:Y the committee is ati fled with it I make no objection. The next business on the Private Calendar was the bill The SPEAKER pro tempore. Is there objection? (ll. R. 1724) for the relief of Margaret Lemley.. There was no objection. There being no objection, the Clerk read the bill, as follow : The Clerk read the bill as follows : Be it enacted, eto., That the Secretary of the Treasury be, and he is Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated and in full ettlement against Treasur·y not otherwise appropriated, the sum of $5,000 to Mary J. the Government, the sum of $344 to Margaret Lemley, of MissouJa, Dee, on account of permanent injuries and total disability sulrered by Mont., widow {)f Charles J. Lemley, in payment of expenses incurred her late husband, William J. Dee, as the result of an accident while for hoRpital and medical services and for the burial of said Charles J. he was employed as guard under the superintendent's office, State, War, Lemley, who died of personal injury received by reason of the care and Navy Departments Building; and the United States Employees' lessness on the part of a Government truck driver employed by the Compensati<>n Commission is hereby authorized and directed to pay Forest Service at Missonla, Mont. Mary J. Dee, until her death or remarriage, at the rate of $29.75 The bill was ordered to be engrossed and read a third time, per month from the date of the death of said William J. Dee. was read the third time, and pas ed. With the following committee amendments: A motion to recom.'ider the vote by which the bill was pa sed was laid on the table. On page 1, in line 5, strike out the figures " $5,000" and insert in PETERSON-coLWELL (INC.) lieu thereof the figures "$2,500." On page 2, lines 2 and 3, strike out the words " death of said Wil The next business on the Private Calendar was the bill liam J. Dee " and insert In lieu thereof the words " passage of this (H. R. 3072) for the relief of Peterson-Colwell (Inc.). act." The SPEAKER pro tempore. Is there objection? Mr. GREENWOOD. Mr. Speaker, reserving the right to ob The committee amendments were agreed to. ject, does this amount ru.·i e from extras in connection with the The bill as amended was ordered to be engrossed and read a contract that were not authorized in the regular way? third time, was read the third time, and passed. Mr. IRWIN. Part of it is from that source, but more of it A motion to reconsider was laid on the table. is from the fact that the Government prolonged the contract JOHN W. ADAIR without any fault on the part of the contractor. The next business on the Private Calendar was the bill (H. R. :Mr. GREENWOOD. The gentleman thinks the delay was 1057) for the relief of John W. Adair. clearly the fault of the Government? The Clerk read the title to the bill. Mr. IRWIN. It was. The gentleman will notice at the top The SPEAKER pro tempore. Is there objection? of page 4 of the report there is a recommendation by Mr. There was no objection. McCarl, Comptroller General, to allow not to exceed the sum The Clerk read the bill, as follows: of $5,378.25. Mr. McCarl went into the inatter very carefully. Be it enacted, etc., That the United States Employees' Compensation Mr. GREENWOOD. I see a paragraph in the report on page Commission is hereby authorized to examine into the claim of John W. 3 which states that there were some extras due to changes in Adair, of Pinetop, Ariz., in respect to the death of his oon, John Robin the specification , that were· not ordered as the contract Adair, who lost his life while fighting a forest fire on the Fort Apache provided. Indian Reservation on June 21, 1916, and to pay compensation in Mr. IRWIN. The contract did not provide it, but they were accordance with the provisions of the employees' compensation act ap sanctioned by officers of the Government. proved September 7, 1916 (39 Stat. L. 742-750), in the same man Mr. GREEL'fWOOD. The- gentleman is satisfied that the Gov- ner and to the same extent as if said act had been passed prior to and ernment recei•ed the benefit and the contractor did the work? was in effect at the time of the death of said John Robin Adair: Pro- :M1·. IRWIN. I am. 1J-ided, That no compensation or other allowance hall accrue prior to :Mr. GREENWOOD. I have no objection. the pas age of this act, and that said John Robin Adair shall be con The SPEAKER pro tempore. Is there objection? sidered to have been a civil employee of the United States at the time of 'I here was no objection. his death. · The Clerk read the bill, as follows: With the following committee amendment: Be it etwctea, etc., That the Secretary of the Treasury be authorized and directed to pay, out of any money in the Treasury of the United Strike out all after the enacting clause and insert in lieu thereof the States not otherwise appropriated, to Peterson-Colwell (Inc.) the sum following: of $5,378.25, with interest, in full settlement of all claims of Peterson "That the provisions of the act of September 7, 1916, entitled 'An Colwell (Inc.) under its claim for additional compensation in connection net to provide compensation for employees of the United States suffering with work performed under contract covering the construction of beat injuries while in the performance of their duties, and for other pur ing-plant builillng at the nm·al !!aining station (hospital), Great Lakes, pose ,' are hereby extended to John W. Adair, of Pinetop, Ariz., for Ill. the death of his son, John Robin Adair, who lost his life on June 21, With the following committee amendments: 1916, while fighting a forest fire on the Fort Apache Indian Reserva tion, and the United States Employees' Compensation Commission is Page 1, line 6, strike out the word " with " and insert the word authorized and directed to pay compensation to John W. Adair as a "without." partial dependent parent at the rate of $15 per month for a period Page 1, line 11, after the word " Dllnois," insert a colon ancl the of eight years from and after the passage of this act." following: u P1·ovided, Tbat no part of tbe amount appropriated in thls act HI The committee amendment·was agreed to. excess of 10 per cent thereof shall be paid or deli\ered to or received 1930 CONGRESSION Ali RECORD~-HOUSE 9463 by any agent or· agents, ,a.ttoxney ox attorneys, on account of services Mrs. OWEN. I see no reason to suppose that he would know rendered in connection with said claim. It sball be unlawful for any that they were officers of the GoYernment. agent or agents, attorney ot attorneys, to exact, collect, withhold, or Mr. COLLINS. Was it in the daytime or at night1 receive any sum of the amount appropriated in this act in excess of Mrs. OWEN. At night. 10 per cent thereof on account of services rendered in connection with Mr. LAGUARDIA.. Were the officers convicted 1 said claim, any contract to the contrary notwithstanding. Any person Mrs. OWEN. Yes ; in the supreme court. violating the provisions of this act shall be deemed guilty of a mis 1\fr. GREENWOOD. When I first read this report it was demeanor and upon conviction thereof shall be fined in any sum not hard for me to determine which was the aggressor. The report exceeding $1,0QO." • says each side was shooting. Perhaps the officers were shooting The committee amendments were agreed to, and the bill as in self-defense. But the report says that the deceased did not amended was ordered to be engrossed and read a third time, fire a gun at all, and it seems that more aggression was done was read the third time, and passed. by the officers than by the deceased. " A motion to reconsider the vote by which the bill was passed Mr. STAFFORD. The statement of the gentlewoman from was laid on the table. Florida seems to sustain the contention. Mr. LAGUARDIA. What was the business of this man? LA._M~H F. THOMAS Mrs. OWEN. He was a traveling salesman. The next business on the Private Calendar was the bill (H. R. Mr. LAGUARDIA. No alien was found in his car? 7205) for the relief of Lamirah F. Thomas. Mrs. OWEN. None. The Clerk read the title of the bill. The SPEAKER pro tempore. Is there objection? The SPEAKER pro tempore. Is there objection to the There was no objection. present consideration of the bill? The SPEAKER pro tempore. The Clerk will report the bill. Mr. COLLINS. Mr. Speaker, reserving the tight to object, The Cler~ read follows : will the lady from Florida [Mrs. OWEN] please explain the as bill. It seems that the officers were acting in the proper dis Be it enacted, eto., That the Secretary of the Treasury is authorized charge of theh· dQties at the time of this homicide. and directed to pay, out of any money in the Treasury not otherwise Mrs. OWEN. r· shall be very glad to supply the gentleman appropriated, and in full settlement against the Government, the sum from Mississippi with the facts, because I happen to be per of $10,000 to Lamirah F. Thomas, of Fort Pierce, Fla., as compensation sonally familiar with the circumstances surrounding the case. for the death of her husband, Perle S. Thomas, who was killed on the On February 4, 1927, Perle S. Thomas, the husband of night of February 4, 1927, by certain officers of the United States. Lamirah Thomas, was driving along a road not far from Fort With committee amendments as follows: Pierce, in my district. When he reached a point on that road where just a few months before he had actually been held up Page 1, line 6, strike out "$10,000 " and insert " $5,000." by highwaymen, he was confronted by these officers of the On page 1, line 10, insert: Immigration Service, who were not in any special way uni u Pt"01Ji.ded, That no part of the amount appropriated in this act in formed, so that he would know their position. It is said that excess of 10 per cent thereof shall be paid or delivered to or received there was a sign in the road, which should have informed him by any agent or agents, attorney or attorneys, on account of services that they were of the Immigration Service, but I think every rendered in connection with said claim. It shall be unlawful for any one will understand the attitude of a man who had been held agent or agents, attorney or attorneys, to exact, collect, withhold, or up at that snme point, when he was suddenly confronted in the receive any sum which in the aggregate exceeds 10 per cent of the road by men who were not uniformed. He would naturally be amount appropriated in this act on account of services rendered in confused and try to escape. He drove as fast as he could away connection with said claim, any contract to the contrary notwithstand from these men and was pursued for 8 miles. At that point ing. Any person violating the provisions of this act shall be deemed there was a struggle, and he was shot, and from his injuries guilty of a misdemeanor and upon conviction thereof shall be fined in -he died within an hour. any sum not exceeding $1,000." The trial that followed resulted in the conviction of the three The SPEAKER pro tempore. The question is on agreeing to agents of the Immigration Service who had shot and caused the committee amendments. the death of Mr. Thomas. Two of the men were sentenced to The committee a.m_endments were agreed to. life imprisonment, and one to death. That sentence was later The bill as amended was ordered to be engrossed and read commuted to a sentence of life imprisonment. It was held at a third time, was read the third time, and passed. the time of the trial that Mr. Thomas had been armed, but I A motion to reconsider the last vote was laid on the table. have a later finding of the Supreme Court of the State of Florida GUY E. TUTI'LE in which it is specifically stated that Mr. Thomas did not fire ·his pistol on the night that he was shot by these officers. The next business on the Private Calendar was the bill (H. R. Mr. COLLINS. I understood the report to state that he was 655) for the relief of Guy E. Tuttle. anned. There being no objection to its present consideration, the Mrs. OWEN. Here is later evidence contained in the finding Clerk read the bill as follows : of the supreme court, because the murder trial was can·ied to Be it enacted, etc., That the Secretary of the Treasury be, and he is the supreme court. I would like to read a paragraph from here y, authorized and dixected to pay to Guy E. Tuttle, out of any the Southern Reporter. This is the finding of the Supreme money in the Treasury not otherwise appropriated, the sum of $302.50, Court of the State_of Florida, under date of April24, 1928.: together with interest thereon at the rate of 6 per cent per annum from and after the 12th day of December, 1925, in full payment for It is true that there is some evidence which does not agree with damages to lands owned by said Guy E. Tuttle in.tlicted thereon by the the state of facts, but there is sufficient legal evidence for jury the Government while using said lands in conneetlon with an Army training .to conclude that this state of fact actually existed, and, furthermore, camp at Camp Kearny, Calif. that the deceased dld not fire his pistol on the night that he was killed. With a committee amendment as foliows: Mr. STAFFORD. If the lady will permit, in reading the re Page 1, line 6, after the figures " $302,50 " strike out all down to port, I had difficulty in reconciling myself with ·the conclusion and including t:J:le fi.,
LAURA A. DEPODESTA The letter referred to follows : The next business on the Private Calendar was the bill (H. R. NAVY DEPARTMENT, 1759) for the relief of Laura A. DePodesta. Washington, December 23, 11J21, The Clerk read the title of tbe bill. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, The SPEAKER pro tempore. Is there objection to the HOUBe of Representatives, Wash4ngto-n., D. 0. present con ideration of the bill? MY DEAR MR. CHAIR~IAN : Replying to the committee's letter of De Mr. COLLINS. Mr. Speaker, reserving the right to object, I cember 12, 1927, relative to the bill (H. R. 1406) granting six months' would like to ask someone on the committee if the gentleman pay to Lucy B. Knox, I have the honor to advise you as follows: know about the Lucy B. Knox case? The purpose of this bill is to authorize payment to Lucy B. Knox of Mr. KELLY. I do not think I am familiar with the Lucy six months' pay at the rate received by her husband, the late Lieut. Knox case. · Commander Forney Moore Knox, United States Navy, at the time of his Mr. COLLINS. That case is on all foUl-s with this case. The death. The records show that this officer died at. Annapolis. Md.. on Secretary of the Navy" stated in connection with the Lucy February 16, 1920, as the result. of pneumonia. Knox: ca e that the cost of these claims would aggregate The act approved May 18, 1908, which was repealed by the act of $3,331,569, and recommended to the Naval Affairs Committee October 6, 1917, provided for the payment to the beneficiary of an that if they wanted to pay such claims they should pass general officer or enlisted man of the Navy or Marine Corps, who died as the legislation on the subject. I quite agree with him. If we are result of wounds or disease contracted in fhe line of duty, of an amount going to pay one of these claims, we should pay them all. equal to six m{)nths' pay at the rate received by her late husband at Mr. KELLY. When I intrdouced this bill I bad thought of the time of his death. This provision of law was reenacted under the having some kind of compensation in line with the compensation act of June 4, 1920 (41 Stat. 824-825: U. S. C., title 34, sec. 943), but law, but the committee took the Navy Department recommenda at the time of Lieutenant Commander Knox's death there was no law in tion and fixed it for n 6-month period which he would have effect that authorized the payment of the gratuity in question to his received had he been in the regular service. widow. It is hardly fair to say that because of his status as a reserve Had Lieutenant Commander Knox's death occurred on or after June officer his widow should not have any payment whatever. 4, 1920, his widow would have·been entitled to six months' pay at the Mr. LINTHICUM. Will the gentleman yield? rate received by her late husband at· the time of his death. However, Mr. KELLY. I yield. , the date of this officer's death precludes payment of the gratuity to his Mr. LINTHICUM. I would like to say to the gentleman, widow under the law, and it seems pertinent here to remark that since the gentleman mentions the Lucy B. Knox case, which was there are many other deserving claims of a similar nature. my bill, there are at least seven or eight precedents for that Th.e Navy Department is of the opinion that legislation of this kind bill and for the gentleman's bill in which these funds have been is meritorious : however, the total cost of legislation granting six given to the widows of men who died in the service during the months' pay to the dependents of all officers and enlisted men who died time when the Jaw was in abeyance. while on active duty between October 6, 1917, and June 4, 1920, would Mr. STAFFORD. This biU, as the gentleman's bill, relates be $3,331,569, which is an expense that the Naval Establishment can to the payment of a six months' gratuity for a reserve officer. ill aft'o.rd to bear at tbis time, and for this reason the Navy Department When I read this bill and the other bills on the calendar I would not recommend the enactment of such general legislation. questioned the propriety of the Committee on Claims taking The bill H. R. 1406, if enacted, will result in an aHditional cost to jurisdiction over a matter which relates directly to the Com the United States of $2,370. mittee on Military Affairs. At this session of Congress our A bill (H. R. 1110, 69th Cong.) similar- to_ the bill H. R. 1406 was committee has not given any consideration to any policy eon referred to the Bureau of the Budget with the information that the cerning the widows of Teserve officers. I know my friend, the Navy Department contemplated lnaking an unfavorable recommendation chairman of the Committee on Claims, has sufficient work and on the bill, and under date of March 12, 1926, the Navy Department doe. not wi h to encroach upon the work of any other com was informed that this report would not be in conflict with the financial mittee ; yet his committee has taken jurisdiction of this claim. program of the President. and I submit to him whether it would not be better to have rn· view of the above, and for the further reason that this proposed claims of thi character-which involve a policy with reference legislation is individual in character and is not for the general good of to a branch of the Government like the Army--eonsidered by the naval service, the Navy Department recommends that the bill H. R. the Committee on Military Affairs. 1406 be not enacted. Mr. ffiWIN. I think the gentleman is right, but then it Sincerely yours, would be necessary to have an appropriation carried in a gen CURTIS D. WILBUR, eral appropriation bill to cover these cases, while many of these Secretary of the Navy. bills are sent to the Claims Committee because that committee has the right to make a direct appropriation. '.rhat is the only l\lr. . LINTHICUM. Admiral Leigh said it was a meritorious reason the e bills are sent to us. bill and did not make any very serious objection to it but did Mr. STAFFORD. I do not recall that the question has been feel there should be a bill passed to cover all of these cases. considered as to whether we should extend the gratuity feature Mr. IRWIN. The policy of the committee in reporting out of six mo-nth ' pay to other than the officers of the Navy and these bills was that we should treat all of these cases alike and of the Army. not wait for a general bill, even though the department feels Mr. KELLY. That is the recommendation of the depart there should be such a bill passed to cover all of these ·cases. ment in this case. The committee felt they should all be treated alike. Mr. STAFFORD. I do not so understand. Where is there Mr. COLLINS. If you are going to do that you should have any support of that a sertion? the Committee on Naval Affairs bring in a bill for $3,331,567 ·and Mr. KELLY. The letter from the Secretary of War indicates pay them all. That would only cover the amount of such naval that. claims. I do not know the amount of such claims for the Army. Mr. IRWIN. We are not asking the Naval Affairs Commit It js recommended that this bill .be changed to provide for the pay tee to pass legislation. We are passing on the legislation that ment of an amount equal to six months' pay at the rate received by comes to our committee, and as the War Department said this Lieutenant DePodesta at the time o:f his death. was a just claim we were willing to accept that recommendation. Mr. ·sTAFFORD. In the same paragraph the Secretary of Mr. GREENWOOD. In this instance I am inclined to sup 'Var uses this language: port the committee. I will agree there ought to be general The War Department can see no valid rea on why the widow of n.n legislation to cover all these cases, but in the absence of general officer of the Re erve Corps should in effect receive a greater pension legislation we have here the case of a widow whose husband lost than tbat provided for a widow of an officer of the Re..,"lllar Army under his life in line of duty. I do not care whether the officer was a like conditions. · · reserve officer or in the Regular service. If he lost his life in line of duty I believe his widow should receive what all ought Mr. IRWIN. We are not providing a greater pension. to receive under a general law. Mr. KELLY. That was the original bill. Mr. IRWIN. That is the view the committee took with refer 1\fr. COLLINS. In the Lucy Knox case we have this: ence to this particular bill. In view of the above, a.nd for the further reason that this proposed Mr. COLLINS. I do not know why you should extend your legislation is individual in character and is not for the general good of sympathies to one case. If we have hundreds of these cases we the naval service, the Navy Department recommends that the bill ought to treat them all exactly alike. H. R. 1406 be not enacted. Mr. GREENWOOD. I agree with the gentleman. At this point I will insert all of the letter written by the Sec Mr. COLLINS. And should let everybody walk up to the retary of the Navy on December 23, 1927. table and take a slice of the pie. 9466 CO~GRESSIOXAL RECORD-HOUSE }fAY 23 .Mr. KELLY. Why penalize this widow who deserves this tion is made by the State and the second inspection is made by relief and, according to tlle War Devartment, should have it"! the Federal Government, and in thi case they were exactly Mr. COLLINS. I tlo not JJelieve \Ve hould ingle out certain the same. indh~idu a l s and gh·e them a gratuity and n9t give it to the rest Mr. BACH:\IAl~~. Now, let me interrupt the gentleman right of them. I object. there. The State inspector said it was No.2 hard winter wheat, BRUCE BROS. GRA.IX CO. and then the Federal inspector came along and fotmd the same The next bu ·iness on the Private Calendar was the bill (H. R. thing. Now, the Government and the State are both in the 1944) for the relief of Bruce Bros. Grain Co. same situation that far. 'Vhy should you come in now and The Clerk read the title of the bill. ask the Government to make this reimbur ement? 'Vhy do you The SPEAKER pro tempore. Is there objection to the pre - not go to the State of l\lis ouri? ent consideration of the bill? Mr. HOPKINS. Because the State never changed its opinion. 1\lr. BA.CHl\I.ANN. 1\fr. Speaker, reset">ing the right to object, It was the Federal Government that changed its certificate. will the gentleman from Mis ·ouri [1\lr. HoPKINS] explain to the Mr. STAFFORD. Is this company in dire financial distress? committee how there is any liabllity on the Government in this 1\Ir. HOPKINS. If the gentleman will permit, I would like particular case? • to make a complete answer first to the gentleman from West Virginia. Mr. HOPKINS. I will be plea ·ed to add orne facts and to amplify some of the facts contained in the report. I think, in The Federal Government assumes the authority or the re considering the background, the gentleman must take into con sponsibility of saying whether wheat is bard winter No. 2 or siueration the procedure that wa · followed in the establishment hard yellow or whatever it happens to be. They made an error of the Feueral grain inspection service. Under the Federal in thi case, not in saying it was No. 2 hard winter, but in grain inspection service, when wheat is purchased, ready for saying it was No. Z yellow hard. When it got to Minneapolis shipment by commission men from one center to another, it the purcha. er there thought it was No. 2 hard winter, but the is graded by a State grader and an appeal eertificate is then final and unauthorized certificate of the board of review said taken by the Federal inspector, so that the shipper will know it was No. 2 yellow, and there was nothing else to do but sell he is paying the farmer or the dealer the right price, and that it as that. They would have had to wait nine or more days for he can ship that to the commis. ion man or to the firm to which an appeal, and the demurrage or the freight back wou.lu have he is selling it in the other city. This was done in this case. more than eaten up the difference. So they had to sell it there Both the State and the Federal inspection service agreed that and they had to sell it according to the final certificate. this wa · No. 2 hard winter wheat. The pm·cha ·er paid the Mr. BACHMANN. The mistake in the first instance was that price on No. 2 hard winter wheat and sold it to a Minneapolis the man sold it as No. 2 hard · winter wheat instead of No. 2 dealer as No. 2 hard winter wheat and shipped it. · yellow. The Department of Agriculture instituted about this time a Mr. MOUSER. Regular order, Mr. Speaker. new .. ervice, a review board, in which they would review these The SPEAKER pro tempore. The regular ot·(]er i demanued. FedP.ral grade certificates, as the Sceretary states here, to ad Is there objection? vise them on certain things. However, tlre review board was Mr. BACHMANN. I object. not to act unle s requested by the shipper or by the purchaser. MABY R. LONG Thi · was not done in this case, but inadvertently, and by error, The next business on the Private Calendar was the bill (H. R. the board of review acted, nine days after the wheat had been 887) for the relief of Mary R. Long. f'hippe
W.A.'I'E& SUPPLY, SALINA AND REDMOND, UTAH Mr. STAFFORD. Well, if the Committee on Agriculture The next busine on the Privat e Calendar was the bill (H. R. wishes to have the regular order of consideration of large ques ' 3203) to authorize the city of Salina and the town of Redmond, tions of moment interrupted by the consideration of these small tate of Utah, to "ecure adequate upplies of water for munici clai.m8, I have no objection to its consideration of them. pal and domestic purposes through the development of sub Mr. HUDSON. Mr. Speaker, the regular order. terranean water on cert ain public lands within said State. The SPEAKER pro tempore. Is there objection to the present The title of the bill was read. consideration of the bill? The SPEAKER pro tempore. I s there objection to the pres There was no objection. ent consideration of the bill? The Clerk read the bill, as follows : Mr. SPROUL of Kan a . Re erving the right to object, Mr. Be it enacted, etc., That the Secretary of. the Treasury be, and he is Speaker, there are different ques?ons concerning this P.r?~si hereby, authorized and ·directed to pay, out of any money ilfl'tbe T1·easury t ion which I should like to have time to look up and familianze not otherwise appropriatOO. the sum ot $16.90 to Dalton G. Miller, senior my. elf with. drainage engineer ot the Bureau of Public Roads. in full settlement of. ·They are not answer ed in the gentleman's report. all payments made by him for repairs to a truck belonging to the Uni Mr. COLTON. I am thoroughly familiar with the facts. I versity of Minnesota, which was loaned to the Bureau of Public Roads for wonder if I can give the gentleman the infarmation he desires. use in conducting a cooperative investigation during the fiscal year ending Mr. -sPROUL of Ka.n.'Uls. I doubt if the gentleman can do so. June 30, 1929, to determine the effect of soil alkali and acid upon drrun I just ask that the bill go over until I can have an opportunity to tile. look up the information. The bill was ordered to be engrossed and read a third time, Mr. COLTON. The only question involved is that these towns was read the third time, and passed. are without an adequate wate1· supply, and this simply gives A motion to reconsider was laid on the table. them an opportunity to drill for water on a tract of public land, and if they find water to protect this watershed. That is all JOSEPH K. MUNHALL there is to this bill. The next business on the Private Cadendar was the bill Mr. SPROUL of Kansas. But I have opposition to the Gov (H. R. 6210) to authorize an appropriation for the relief of ernment giving away property to municipalities ·such as we Joseph K Munhall. have been doing. The Clerk read the title of the bill. Mr. COLTON. This does not give it to them. It simply per The SPEAKER pro tempore. Is there objection to the mits them to drill the ground for water. Everything is re present consideration of the bill? served to the Government except the right to take the water, Th~re was no objection. if discovered, and protect it The Clerk read the bill, as follows : Mr. SPROUL of Kansas. It is withdrawn from alienation Be it enacted, etc~ That there is hEreby authorised to be appro by process of law? priated, out of any money in the Treasury not otherwise appropriated, Ml'. COLTON. It is already withd1·awn and is within a the 8UID of $116.25 for payment to Joseph K. Munhall. of Corona. forest reserve. It simply permits this higher use now. It is Calltornia, in full compensation for the value of equipment belonging already withdrawn from private entry. to him destroyed 1n the burning of the Oak Grove ranger station Mr. SPROUL of Kan as. I want to look into two or three bouse, Cleveland National Forest, Ca.IJfornia, on Marcil 25, 1927. questions. I do not mind stating to the gentleman what I want to look into. I want to know the size of these towns; I want The bill was ordered to be engrossed a.nd read a third time, to know something about the wealth of these people and their was read the third time, and passed. opportunity to get other sites for investigation besides this par A motion to reconsider was laid on the table. ticular 1,.200 acres. A. H. OOUBINS Mr. COLTON. I will say that there are no other available The next business on the Private Calendar was the bill (H. water source for these towns. They have exhausted every R. 6211) for the relief of A. H. Cousins, district fiscal agent, other practical means of getting water. United States Forest Service. Mr. SPROUL of Kansas. That would be a conclusion, of The Clerk read the title of the bill. course, unle you have the opinion of capable geologists. The SPEAKER pro tempore. Is there objection to the pres Mr. COLTON. I have letters to that effect. ent consideration of the bill? 1\Ir. SPROUL of Kansas. Those are the things I would like There was no objection. to look into. If the gentleman cares to allow it to go over, very Mr. LEA. Mr. . Speaker, I ask unanimous consent to substi well, but in the absence of any information, I would like to tute a similar Senate bill ( S. 2245). have an opportunity to look it up. The SPEAKER pro tempore. The gentleman from California 1\Ir. COLTON. I would be glad to supply the gentleman with [Mr. LEA] asks unanimous consent to substitute a similar any information be desires. Senate bill. Is ·there objection? 1\Ir. SPROUL of Kansas. I think the gentleman might be There was no objection. . able to do that. The Clerk read the Senate bill, as follows: Mr. HUDSON. M.r. Speaker, the regular order. Be it CJWd6d, etc., That the Comptroller . General of the United Mr. SPROUL of Kansa . Mr. Speaker, I ask unanimous con States is authorized and directed to adjust, settle, and certify to Con sent that the bill may go over without prejudice. gress the daim of A. H. Cousins, district: fiscal agent. Forest Service, The SPEAKER pro tempore. Objection is beard. The clerk Department of Agrlcolture, for the S'tlm of $60, which amount he will report the next bilL refunded to the
CONGRESSION .AL RECORD-HOUSE, 9471 The bill was ordered to be engrossed and read a third time, The SPEAKER pro tempore. Without objection, the bill will was read the third time, and passed. be laid on the table. . A motion to reconsider the vote by which the bill was passed There was no objection. 'Yas laid on the table. CHARLES H. H.ARLOW F. D. HUEBEL BELIEF CORPS, NO. 103, OF HILLSBORO, ILL. The next business on the Private Calendar was the bill (H. R. The next business on the Private Calendar was the bill (H. R. 4660) to authorize the President to appoint Capt. Charles H. 4050) donating trophy gun to F. D. Hubbel Relief Corps, No. Harlow a commodore on the retired list. 103, Hillsboro, Ill. The Clerk read the title of the bill. The Clerk read the title of the bill The SPEAKER pro tempore. Is there objection to the pres The SPEAKER pro tempore. Is there objection to the ent consideration of the bill? present consideration of the bill? :Mr. COLLINS. 1\Ir. Speaker, reserving the right to object, There was no objection. this is a congressional promotion, is it not? The Clerk read the bill, as follows : Mr. WATSON. The gentleman may recall that Captain Bar· Be it enacted, etc.~ That the Secretary of War, ln his discretion, is low was promoted in the normal course to the rank of lieuten hereby authorized to deliver to the order of the F. D. Hubble Relief ant in 1895, and while in that grade was advanced two numbers Corps, No. 103, Hillsboro, Ill., auxiliary to the Grand .Army of the for eminent and conspicuous conduct in 1898, during the Span Republic, one trophy gun, stored in the Watervliet .Arsenal at Watervliet, ish War, and by reason of this advancement in rank he became N. Y., and described as follows : Twelve pounder, weight 1,000 pounds, an extra number in grade, therefore could not be advanced to diameter bore 4% inches, length 58% inches, and marked 1862: Pro the rank of commodore at the time when commodores were vided, That the United States shall be put to no expense in connection appointed. Because of his conspicuous service it seems to be with the delivery of said gun. quite unfair that he should not be promoted as all others of that day and time. Captain Harlow made his application before With the following committee amendment: the act of 1912 and was within the proper limits in making his Page 1, line 4, strike out the name " Hubble " and insert the name application. Secretary Adams is of the opinion it would be "Hubbel." unfair that Captain Harlow should not have the prhi.lege of The committee amendment was agreed to. being promoted to commodore. He is the last man who can be a The bill was ordered to be engrossed and read a thirtl time, commodore under the law. was read the third time, and passed. Mr. COLLINS. Of com·se, I would like to see them all A motion to reconsider the vote by which the bill was passed admirals and commodores, but I think the question of promo tion ought to be left with the department. I do not believe was laid on the table. we are qualified to pass upon such questions. V.ARIN.A DAVIS CHAPTER, NO. 1980, UNITED DAUGHTERS OF THE l\.fr. WATSON. Commander Wilkinson, in giving his testi CONFEDERACY mony before the committee, stated he was fully in accord with The ne·xt business on the Private Calendar was the bill (H. R. the purposes of this bill. Captain Harlow is the last officer who 6348) donating trophy guns to Varina Davis Chapter, No. 1980, can be promoted to a commodore, and it seems to me that a man United Daughters of the Confederacy, Macclenny, Fla. who gives extraordinary service to the Government ought to be The Clerk read the title of the bill. fully recognized by Congress. The other officers contempomry The SPEAKER pro tempore. Is there objection to the pres- with him have obtained this promotion. ent con idera tion of the bill? Mr. COLLil~S. I am just upholding the Navy Department in There was no objection. its promotions. I do not think the Congress knows enough The Clerk read the bill, as follows: about the subject to decide whether this man ought to be pro Be it enacted, etc., 'That the Secretary of War, in his discretion, is moted to the rank of commodore or not. hereby authorized to deliver to the order of the Varina Davis Chapter, Mr. WATSON. Does not the gentleman think the Naval No. 1930, United Daughters of the Confederacy, Macclenny, Fla., Affairs Committee has some knowledge of that? auxiliary to the Florida Division United Daughters of the Confederacy, l\Ir. COLLINS. No ; I do not think they know more about it two trophy guns, stored in the Watervliet Arsenal at Watervliet, N. Y., than I do. and described as follows : One 12-pounder, muzzle-loading, smooth-bore Mr. WATSON. Then, what is the use of having hearings? field gun No. 122; diameter of bore, 4% inches; length over all, 58¥.! Mr. COLLINS. I do not think they are any better qualified inches; approximate weight, 1,200 pounds, " Confederate" ; and one to determine the que. tion of whether this man should be a com 12-pounder, No. 105, muzzle-loading, smooth bore; length over all, 72 modore than I am. The question of promotion is a matter that inches ; diameter of the bore, 4% inches; approximate weight, 1,200 should be decided by the Navy Department. pounds, "Confederate": Pro-r:lded, That the United States shal3 be put Mr. WATSON. Bow about the Secretary of the Navy; doe.· to no expense in connection with the delivery of said guns. he not know? Mr. COLLINS. If the Secretary of the Navy wanted to pro The bill was ordered to be engrossed and read a third time, mote him he should have promoted him. He should not ask was read the third time, and passed. Congress to promote him. A motion to reconsider the vote by which the bill was passed Mr. WATSON. The Secretary would promote him, but he has was laid on the table. not the power. The bill authorizes the President to appoint ~ DONATION OF BROXZE CANNON TO THE CITY OF MARTINS FERRY, OHIO Captain Harlow a commodore on the retired list. The next business on the Private Calendar was the bill (H. R. Mr. COLLINS. I have uniformly objected to all congressional ! 9425) to authorize the Secretary of War to donate a bronze promotions. cannon to the city of Martins Ferry, Ohio. :Mr. WATSON. It seems to me very unfair when all the other , The Clerk read the title of the bill. officers of the same status and the same age of service have been 1 The SPEAKER pro tempore. Is there objection to the pr sent p;romoted, because of the extra numbers which this officer re- , consideration of the bill? ceived on account of conspicuous service, should he ·be ostrac'ized? 1 There was no objection. 1'11r. COLLINS. Oh, I am not ostracizing him. That question · The Clerk read the bill, as follows : is not involved here. Be it enacted, etc., That the Secretary of War is authorized and The regular order was demanded. directed to donate, without expense to the United States, to the city of Mr. COLLINS. I object, Mr. Speaker. Martins Ferry, Ohio, a bronze fieldpiece, 12 pounder, cast muzzle load DAVID M'D. SHEARER ing, diameter of bore 4% inches, now located at Watervliet .Arsenal, Mr. COLLIER. Mr. Speaker, I ask unanimous con ent to Watervliet, N. Y. return to Calendar No. 392, the bill (H. R. 1825-) for the relief of David McD. Shearer. The bill was ordered to be engro sed and read a third time, I have agreed to accept the amendment of the gentleman from was read the third time, and passed. Wisconsin [Mr. STAFFORD]. A motion to reconsider the vote by which the bill was passed The SPEAKER pro tempore. The gentleman from Missis was laid on the table. sippi asks unanimous consent to return to Calendar No. 392, FREDEPJCK SAMUEL GILB-ERT the bill H. R. 1825. Is there objection? The next business on the Private Calendar was the bill (H. R. There was no objection. 653) for the relief of Frederick Samuel Gilbert. The Clerk read the title of the bill. The Clerk read the title of the bill The SPEAKER pro tempore. Is there objection to the Mr. SWING. Mr. Speaker, I ask unanimous consent that present consideration of the bill? this bill go off the calendar, the beneficiary named having died Mr. STAll,FORD. Mr. Speaker, reserving the right to ob since the bill was reported. ject, I understand the author of the bill, the gentleman from 9472 CONGRESSIONAL RECORD-HOUSE }fAY 23 Mis •i ippi [Mr. Cor.LIER] is willing to accept the proposed line 13, page 2, and ending with the words "United States" amC'Jldments which I suggested a few. minutes ago. in line ~3. Mr. COLLIER. I will ace~pt the amendments, yes; and let The SPE~KER pro tempore. Tlte gentleman from Wiscon~ln it go over to the Senate. o:trers nu amendment, which the Clerk will report. 1\fr. STAFFORD. With thnt understanding, I have no The Clerk read as follows: objection. by The SPEl..t\KER pro tempore. Is there obj~tion? Amendment offered Mr. STA¥FORD to the committee amendment: There was no objection. Page 2, line 1;), strike out, lx'ginning with the words "The court,'' in The Clerk read the bill. a follows: Une 13, down to and 1nclnding the WQrd.s " United States" in line 25. Be it c11acted, etc., That the claim of Da,·id ~cD. Shearer fot· com The amendment to the eommitt~e amendment was agreed to. pensation for the adoption and u e by the Government of the United The commHiec amendment, as amended, was agreed to, Stnte · of certain in>entions relating to reinforced-concrete revetment And the further committf'e amendment: and construction and laying of eame, made l).v sflitl David McD. Shearer, Page 3, line 4, after the word ·• consideration," strike out the words a.nd for which Letters Patent of the rnited States, Nos. 1173879, "as bearing on the question of reducing or increasing such compen 1173880, and 1220152, were issued to him, be, and the same is hereby, sation." referre
The Clerk read as follows: EUGENIA A. HELSTON Amendment offered by Mr. SCHAFER of Wisconsin : At the end of The next business on the Private Calendar was the.bill (H. R. tbe bill add a new section, a s follows : 3935) for the relief of Eugenia A. Helston. " SEC. 2. Provided, That no part of tbe amount appropriated in The Clerk read the title of the bilL this act in excess of 10 per cent thereof shall be paid or delivered to The SPEAKER pro tempore. Is there objection to the pl'e~S- or received by any agent or agents, attorney or attorney , on account ent con ideration of the bill? of services rendered in connection with said claim. It shall be unlaw There was no objection. ful for any agent or agents, att orney or attorneys, to exact, collect, The Clerk read the bill, a follows : withhold, or receive any sum of the amount appropriated in this act Be U enacted, etc., That in the administration of any laws conferring In exce s of 10 per cent thereof on account of services rendered in rights. privileges, and benefits upon honorably discharged soldiers connection with said claim, any contract to the contrary notwithstand Joseph Helston, who was a member of the Second Regiment Illinois ing. Any person violating the provisions of this net shall be deemed Volunteer Cavalry, shall h E.' reafter be held and con idered to have been guilty of a misdemea nor and upon conviction thereof shall be fined in mustered in July 1, 1861, and honorably discharged October 17, 186:i, any um not exceeding · $1,000." from the military• service of the United States as a member of that The SPEAKER pro tempore. The question is on agreeing organization: Pro·vid.ed, That no bounty, back pay, pension, or allo.w to the amendment. ance shall be held to have accrued prior to tbe passage of this act. The amendme11t wa. a!rreed to. The bill was ordered to be engros ed and read a third time, The bill as amended was ordered to be engrossed and read was read the third time, and pa ed a third time, was read the third time, and passed. A motion to recon ider was laid on the table. A motion to reconsider the last vote was laid on the table. PARKE, D.A VIS & CO. WATER SUPPLY, SALINA AND REDMOND, UTAH The next business on the Private Calendar was the bill (H. R. Mr. COLTON. Mr. Speaker, I ask unanimous consent to 328) for the relief of Parke, Davis & Co. return to the bill H. R. 3203, No. 393 on the calendar. A little The Clerk read the title of the bill. while ago, when that was reached, the gentleman from ~ansas The SPEAKER pro tempore. Is there objection to the pres- [Mr. SPROUL] asked to have it passed over fo1· a short bme. ent consideration of tl1e bill? The SPEAKER pro tempore. The Chair will decline to There was no objection. recognize the gentleman at this time for that purpose. After The Clerk read the bill, as follows: the calendar is finished the Chair will recognize the gentleman. Be it enacted, etc., That the Secretary of the Trea ury be; and he is J. A. LEMIRE hereby, authorized and direeted to refund the payment by Parke, Davis The next busi.I-;ess on the Private Calendar was the bill (H. R & Co., of Detroit, Mich., of the sum of $70.70, being the ' amount ot 2432) for the relief of J. A. Lemire. duties demanded by the Treasury Department on certain bales of orange peel imported from BelgiUID' and later rejected at D etroit in the month The title of the bill was read. of March, 1927. The SPEAKER pro tempore. Is there objection to the pres ent consideration of the bill? The bill was ordered to· be engrossed and read a third time, There was no objection. was read the third time, and passed. Mr. EVANS of Montana. Mr. Speaker, there is a similar A motion to reconsider was laid on the table. Senate bill on the Speaker's table. ELLA E. HORNER The SPEAKER pro tempore. Yes; the Chair understands that a similar bill is on the Speaker's table. The next business on the Private Calendar was the bill (H. R. Mr. EVANS of Montana. I ask unanimous consent that the 692) for the relief of Ella E. Horner. Senate bill 2524 be considered in lieu of the House bill. The Clerk read the title of the bill. The SPEAKER pro tempore. Is there objection? The SPEAKER pro tempore. Is there objection to the present There was no objection. consideration of the bill? The SPEAKER pro tempore. The Clerk will report the Sen There was no objection. ate bill. The Clerk read the bill, as follows : The Clerk read as follows: Be it enacted, etc., That the Secretary of the Treas ut-y be, and be is s. 2524 hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, in full settlement against the A bill for the relief of J. A. Lemire Government, to Ella E. Horner, the sum of $240 as compensation for Be it encwtea, etc., That the Postmaster General be, and he is hereby, injuries r eceived on September 16, 1922, at Auburn, N. J., when she authorized and directed to credit the account of J. A. Lemire, former was struck by a truck operated by the United State Army. postmaster at Ronan, Mont., in the sum of $586.10, and certify said credit to the General Accounting Office, being the amount of official The bill was ordered to be engro sed and read a third time, fonds lost through the failure of the First National Bank of Ronan, at was ·read the third time, and passed. Ronan, Mont., without fault or negligence on the part of the former A motion to reconsider was laid on the table. postmaster: P·rov-id.ed, That the said postmaster shall assign to the S. A. JONES Postmaster General any and all claims he may have to dividends arising The next business on the Private Calendar was the bill (H. R. from the liquidation of said bank. 1964) for the relief of S. A. Jones. The Senate bill was ordered to be read a thiru time, was read The Clerk read the title of the bill. the third time, and passed. The SPEAKER pro tempore. Is_there objection to the pres- A motion to reconsider the last vote was laid on the table. ent consideration of the bill? The SPEAKER pro tempore. Without objection, the similar There was no objection. House bill will be laid on the table. The Clerk read the bill, as follows: There was no objection. Be U enacted, etc., That the Secretary of the Treasury be, and he is EDW.ARD B. EGAN hereby, authorized and directed to pay, out of any funds in the Treas ury of the United States not otherwise appropriated, to S. A. Jones tbe The next business on the Private Calendar was the bill (H. R. sum of $136.35 on account of the destruction of his personal property 7484) for the relief of Edward R. Egan. by fire in the Lassen National Forest, Calif., while be was employed tiy There being no objection to its consideration, the Clerk read the United States Forest Service as a forest guard in fighting said fire the ~ill, as follows : · on September 20, 1928. Be it enacted, etc., That in the ad.ministration of any laws conferring bill wa to rights, privileges, and lleneflts upon honorably discharged soldiers The ordered be engrossed and read a third time, Edward R. Egan, who served in Troop L. Fourteenth Regiment United was read the third time, and passed. States Cavalry, shall hereafter be held and considered to have been A motion to recon ider wa· laid on the table. bonorably discharged f.rom the military service of the United States as DR. CHARLES F. DEWITZ a member of said organization on October 5, 1915: Provided That no The next busine son the Private Calendar was the bill (H. R. bounty, back pay, pension, or allowance shall be held to have accrued 2776) for the relief of Dr. Charles F. Dewitz. prior to the passage of this act. The Clerk read the title of the bill. The bill was ordered to be engrossed and read a third time, The SPEAKER pro tempore. Is there objection to the pres was read the third time, and passed. ent consideration of the bill? A motion to reconsider the last vote was laid on the table. There was no objection. l. 1930 CONGRESSIONAL RECORD-HOUSE. 9481 The Clerk read the bill, as follows: the Reserve Officers' Training Corps, and there will be no end to it. . Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Dt·. Charles F. Dewitz, out Mr. SWANSON. The War Department makes no objection to of any money in the Treasury not otherwise appropriated, the sum of this bill. This man was in the World War, in the Aviation $109.60, being the amount due him for services to Federal prisoners in Service, and after he got out of the service he went into the the Erie County (N. Y.) jail during the fiscal year 1928. Re~erve Corps. Then he was called into active duty, was on active duty for eight months, and was killed in line of duty in The bill was ordered to be engrossed and read a · third time, the Air Service. I think it is a proper case. · was read the third time, and passed. Mr. COLLINS. The law relating to six months' gratuity does A motion to recons:der was laid on the table. not relate to the reserve, and there is no wisdom in extendino KATHERINE ANDERSON it to the resen-e by piecemeal. If it is necessary to pass ~ The next business on the Private Calendar was the bill (H. R. general law, it will be satisfactory to me, but we ought not by 2810) for the relief of Katherine Anderson. special legislation to extend it. Why not face the subject as The Clerk read the title of the bill. we ought to and decide if we wish to inClude these additional The SPEAKER pro tempore. Is there objection to the pres- classe~? ent consideration of the bill? Mr. SWANSON. I will agree with the gentleman there ought There was no objection. to be a gener·al law, but there is no such general law. The Clerk read the bill, a:s follows: Mr. COLLINS. I am not advocating a general law but I Be it enacted, etc., That the Secretary of the Treasury be, and he is say if it is to be done it ought to be done by general law: hereby, aut~orized and directed to pay, out of any money in the Mr. . SWANSON. The War Department believes there ought Treasury of the United States not otherwise appropriated, to Katherine to be some general legislation along this line. Anderson, the sum of $10,000, in full settlement of her claim against Mr. COLLINS. I shall have to object to this bill. the Government of the United States for injuries sustained and for l\Ir. SWANSON. If the gentleman will withhold his objec reimbursement of ·expenses incurred as a result of being negligently tion, just a few moments ago a bill was pa sed which is on all . shot and seriously injured on November 1, 1925, by a regularly en: fours with this bill, H. R. 1759. The gentleman objected to it listed soldier of the United States Army then and there on duty as a but withdrew his objection and the bill was passed. That bill sentry at Fort SnelJing, Minn. related to a first lieutenant who was in the Air Service, was in th.e reserve, and was killed in line of duty. The gentleman With the following committee amendment: Withdrew his objection to that bill, and I do not see why this Page 1, line 6, strike out " $10,000 " and insert " $4,000." case should not receive the same. consideration. The amendment was agreed. to. Mr. COLLINS. That is the result of my mistake in with Mr. SCHAFER of Wiscons:n. Mr. Speaker, I offer an amend drawing my other objection. ment. I might as well begin somewhere. I regret exceedingly I have The SPEAKER pro tempore. The gentleman from Wisconsin to begin with the gentleman whom I admire very much. [Mr. ScHAFER] offers an amendment, which the Clerk will Mr. SWANSON. 'l'his case is a meritorious case. This widow has a child in high school dependent upon her, and if report. there ever was a case where help was needed, it is this case. I The Clerk read as follows :• ask the gentleman to withdraw his objection. Amendment offered by Mr. ScHAFER of Wisconsin : Add a new section Mr. COLLINS. I object. at the end of the bill, as follows~ ".SEC. 2. No part of the amount appropriated in this act in excess of WATER SUPPLY, SALINA AND REDMOND, UTAH 10 per cent thereof shall be paid or delivered to or received by any ag€nt 1\Ir. COLTON. Mr. Speaker, I ask unan~mous consent to re or agents, attorney or attorneys, on account of services rendered in con turn to Calendar No. 393, H. R. 3203, to authorize the city of nection with said claim. It shall be unlawful for any agent or agents, Salina and t.he town of Re The bill was ordered to be engrossed and read a third time, & Northern Railr~ad Co.'s Pier No . .3. From the initial point of the was read the third time, and passed. . parcel the boundary extends north 7• 4u' east (true) along said west A motion to 1·econsider the vote by which the bill was pas~ed bulkhead line a distance of 115 feet to a point; thence to the left with was laid on the table. angle of goo 80 feet to n point ; thence to the left with an angle of BRIDGE ACROSS THE A.ILEGHENY RIVER AT KITTANNING, PA. goo and parallel to said wt>st bulkhead line a distance of 190 feet to a point ; thence to the left with an angle of 90° 80 feet to a point Mr. DENISON. Mr. Speaker, at the request of the gentleman in said west bulkhead line ; thence north 7° 45' east along said west from Pennsylvania [Mr. CocHRAN] I ask unanimous consent for bu~ead line a distance of 75 feet to the point of beginning, con the immediate consideration of the bill (H. R. 12131) granting taimng 0.348 acre. the consent of Congress to the Commonwealth of Pennsylvania (b) A pier of pile and timber construction, mentioned above and to construct, maintain, and operate a free highway bridge across known as the Gulf, Mobile & Northern Railroad Co. Pier No. 3, ex the Allegheny Rive1·, at or near Kittanning, Armstrong County, tending south 81 o 48' east true from shore, or from the line of bulk· Pa., due to an emergency which is quite urgent. The gentle head as it now exists, approximately 1,020 feet long, with all tracks man from Pennsylvania spoke to the Speaker about the bill. and improvements thereon. The Clerk read the title of the bill. SEc. 3. The said warranty deed shall contain the following provisions : The SPEAKER pro tempore. Is there objection to the present (a) No pier or wharf, exclusive of the present Pier No. 2, which con ideration of the bill? shall remain in its present position and shall not be extended, shall be There was no objection. , maintained closer than 300 feet northward of Pier No. 3. The Clerk read the bill as follows : (b) No pier or wharf parallel to Pier No. 3 shall be built within Be it enacted, etc., That the consent of Congress is hereby granted 300 feet southward of it, other than the -pier which the said railroad to the Commonwealth of Pennsylvania to construct, maintain, and company reserves the right to build and maintain, commencing on its operate a free highway bridge and approaches thereto across the Alle- shore end within 200 feet of Pier No. 3 at the bulkhead, and ex gheny River, at a point suitable to the interests of navigation, at or tending in a straight line which would bring its outer end, or the pro near Kittanning, Armstrong County, Pa., in accordance with the provi longation of the line, 400 feet southward of the end of Pier No. 3. f'ions of an act entitled "An act to regulate the construction of br!dges (c) The United States shall have free access at all times across over navigable waters," approved March 23, 1906. the tracks of said railroad company by the most convenient route to be SEc. 2. The right to alter, amend, or repe.al this act is hereby ex· determlned by the Lighthouse Service and the said railroad company pressly reserved. for pedestrians and vehicles, and the said railroad company shall pro The bill was ordered to be engrossed and read a third time, vide a road therefor which will be shown on a map to be recorded in was read the third time, and passed. the office of the judge of probate of Mobile County, Ala. No change A motion to reconsider was laid on the table. shall be made in the route presently uS(>d and shown on said map· with out the consent of the Lighthouse Service. EXCHANGE OF LAND IN MOBILE, ALA. (d) The said railroad company shall continue to maintain railroad Mr. DENISON. :Mr. Speaker, I ask unanimous consent to switch-track privileges to Pier No. 3 as the needs of the Lighthouse take from the Speaker's table the bill ( S. 4481) authorizing the Service reasonably require and so long as such Lighthouse Service exchange of certain real properties situated in Mobile, Ala., continues. between the Secretary of Comme1·ce on behalf of the U¢ted (e) The said railroad company shall carry fire insurance for two States Government and the Gulf, Mobile & Northern Railroad years on Pier No. 3 in the sum of $30,000, payable to the United States Co., by the appropriate conveyances conta1ning certain condi Government, until July 31, 1931. tions and reservations, a similar House bill having been re (f) The said railroad company may use or permit the use of, for ported and now on the calendar, and consider the same in the a period that shall expire not later than July 31, 1931, the north side House as in Committee of the Whole. of Pier No. 3 for a distance of 500 feet from the bulkhead for the This is a bill upon which there is no contr<>versy, and I may accommodation of vessels and boats to be loaded or unloaded : Provided , say the matter is quite urgent. That the maintenance and repair of Pier No. 3 and the dredging of The SPEAKER pro tempore. Is there objection to the request the water approaches thereto for Lighthouse Service vessels shall hel·e of the gentleman from Illinois? after be at the expense of the Lighthouse Service. There was no objection. SEC. 4. The lease of the Choctaw Point Lighthouse Reservation The Clerk 1·ead the hill, as follows : granted under the act of Congress approved April 23, 1902 (Public, No. 80, 57th Cong.; 32 Stat. 119), shall be automatically terminated upon Be it enacted, etc., That the SeCJ.·etary of Commerce is hereby author completion of the conveyances herein authorized. ized to convey by quitclaim deed to the Gulf, Mobile & Northern Rail· road Co. the Choctaw Point Lighthouse Reservation, Mobile County, Mr. STAFFORD. Will the gentleman make some explana Ala., described by metes and bounds as follows : tion of the bill? This is not a bridge bill. A tract of land situated in the southeast corner of sec. 37, T. 4 S., l\Ir. DENISON. No; it is not a bridge bill. n is an ex R. 1 W., St. Stephens meridian, Alabama, the northern boundary of change of certain property, and I will state to the gentleman which is 4.845 chains true south of a point 4 chain north 82° 12' that this is a bill prepared by the Director of the Lighthou ·e west true from the eastern end of the northern boundary of section Bureau of the Department of Commerce and is urged by the 37. From the above-mentioned point on the northern boundary of department. It has been very carefully considered by the Com the lighthouse tract, said northern boundary being a true east and mittee on Interstate and Foreign Commerce, and I know of no west line, the northeast corner of the lighthouse tract is 3.381 opposition or objection to it from any source. chains true east. Beginning at the northeast corner of the tract marked The bill was ordered to be read a third time, was read the by a wooden post set at the water's edge, the northern boundary extends third time, and passed. true west 7 chains to the northwest corner marked by a l-inch gas pipe; A motion to reconsider was laid on the table, thence true south 11.03 chains to the -water's edge, also marked by A similar House bill was laid on the table. a l-inch gas pipe; thence by meandet'S of shore line, north 83° 53# BRUOE BROS. GRAIN 00. east, 5.u6 chains to a point by triangulation ; then north 7° 19·' east. 6.52 chains, 1 · chain of which is along sand beach and remainder Mr. SCHAFER of Wisconsin. Mr. Speaker, I ask unanimous along wooden retaining wall of' south edge of pier; thence north 10° 7' consent to return to calendar No. 390, the bill (H. R. 1944) for east, 1.14 chain across wharf to north edge nt shore; thence n~rth the relief of Bruce Bros. Grain Co. go 47' east to a wooden stake at the northeast corner of the tract, This is a bill which the Claims Committee subcommittee, of containing 6.67 acres, all as per survey of October 20-31, 1911, executed which I am the chairman, has carefully considered. It was by R. M. Tow on, of the United States General Land Office, approved reported out by the Claims Committee by unanimous vote. DPcember 5, 1911. One of the Members of the House objected to the bill to-day, SEC. 2. The tract of land described in the foregoing sections is to and I find that upon further consideration he realizes that the be given in exchange for, and dependent upon, the Gulf, Mobile & North bill is one that should pass. ern Railroad Co. conveying to the United States, by warranty deed and Mr. COLLINS. Reserving the right to object, what is the such abstracU. and certifica1:ions as may be ecessary to convey a title bill? acceptable to the Attorney General of the United States, the following Mr. SCHAFER of Wisconsin. It is a bill for the relief of property, consisting of a parcel of land and a pier 1,020 feet long, the Bruce Bros. Grain Co., providing for an appropriation of described in paragraphs (a) and (b) of this section. $279.90 to pay an actual loss su.ff'ered by that company due to (a) A parcel of Iand embraced within the boundary of the· above- the admitted negligence of Government officials. mantioned ligllthouse reservation, the initial point of which is 227.615 The C~erk read the tiUe of the bill. feet south 7° 45' west from the northeast corner of the Choctaw The SPEAKER pro tempore. Is there objection to returning Point Lighthouse Reservation and is at the interseetion of the West to the bill? bulkhead line of Mobile lliver and tb~ center line ot the Gulf, Mobile Tbere was no objection. 1930 CONGRESSIONAL RECORD-HOUSE 9483 The Clerk read the bill, as follows: Victory Hall-it was a poignant experience. They bud planted a row of little palmetto palm along the main sh·eet, bordered by a new cement it That the Secretary of the Treasury be, and he is Be enacted, etc., curbing; they bad built a traffic island, where the traffic turns in the hereby, authorized and directed to pay, out of any money in the Treas main street, and planted it also with brave little palmettos. ury not otherwise appropriated, the sum of $279.90 to the Bruce It went to my emotions as the actual disaster had not, because in B1·o . Gt·ain Co. to cover loss sustained by said company on a car of the storm you saw nature destroying the hopes of human beings ; wheat, car No. 96110, Chicago, Burlington & Quincy, shipped from St. one year later you saw something in the pioneer American spirit that J o:::epb, Mo., July 15, 1921, to Minneapolls, ~linn. a storm can not defeat; something stronger than the wind and the The SPEAKER pro tempore. Is there objection to the pres waves. It was the courage of our people, their perseverance, their ent consideration of the bill? optimism, which impelled them to go back to that same spot again There was no objection. and rebuild their little community. There was the main street; there The bitl was ordered to be engros8ed and read a third time, were the stores and the houses, and the fields were being cultivated. wn: read the third time, and passed. The first question they asked was what the Government was going to A. motion to reconsider was laid on the table. do to protect them. I outlined the plans that we bad made to present OKEECHOBEE FLOOD COXTROL PROJEX..nf to Congress. I told them what we hoped we would be able to do, and Mrs. OWEN. Mr. Speaker, I ask unanimous consent to ex· at the close of the meeting one of the ,.men who bad acted as chairman tend my remarks in the RECORD by printing a statement m:tde said, "We feel safer when we know that the officials at Washington by me before the Commerce Committee of the Senate. are making plans to protect us." The SPEAKER pro tempore. Without objection, it is so or Now, can you see why this bas been on my mind day and night since I have been in Washington, and why every move that has been dered. made in the committee to give consideration to this problem and the There waR no objection. Mr··. OWEN. Mr. Speaker, under the leave to extend my solution to it has been u matter that has been very clo!)e to my heart? In a great many pl'Ojects that are brought before you, you have the remarks in the REcOBD, I include the following statement made success of commerce to consider; you have the material advantage. by me before the Commerce Committee of the Senate: Ilere, too, you have the developldent of a tremendously rich country, STATEliEXT OF HON. R'GTH BRYA~ OWE~, REPRESENTATIVE JN CONGRESS which means an asset to our whole Nation as well as to the people im FRO!\f THE STATE OF FLORIDA mediately around the lake. Yon have the safeguarding of the invt>st· Repre ·entative OWEN . Mr. Chairman and members of the committee, ment of millions of people over our country who are interested in Congressman DRANE and I share the Lake Okeechobee region between Florida, a great many thousand who are actually financially interestt>d u..:. The east half of the lake is in my district and the west half is in in this particular locality. You have that commercial advantage to con the district of Cong1:essman DRANE. sider, but beyond it all you have something in this project, I think, I am very glad to have the privilege of saying a few words to you that separates it from most projects that come to this committee for to-day, because ever since 1928 this problem of Lake Okeechobee has consideration-you have the lives of thousands of pioneer American been on my mind constantly. I realize that I can not add in respect citizens who are drawn back by the promise of that soil, to live around of the engineering features of the problem anything to the very clear the edge of that lake-. And when by one project you can provide a statement which bas been made by Mr. George B. Hills, and I realize waterway that is essential for the development of that counti·y, an that in presenting the financial problem that confronts our State yon economically sound project; and at the same time safeguard the lives ha>e in the statement of Mr. Howard Selby a very accurate picture o"f of those citizens, I feel sure that the sympathy and the interest of this the situation. I wish, however, I could convey to you the pictures in committee will be assured. my memory and the thoughts that have been in my mind and heart I feel that we only ask for a just consideration when we ask Con ever since the storm swept over this district of mine. gress and the Senate to reduce the amount required f1·om the State of Immediately the word reached Miami that the Lake Okeechobee region Florida. You have reviewed the amount Florida bas contributed in bad been swept by a hurricane, all of us there knew what the situation the past. It seems only just that those contributions toward navigation must be, because only two years before we had undergone a similar and flood control should be considered as contributions toward tWs gen experience. All of the sympathy, all the as istance we could give eral project. Florida bas paid her millions without, until now, asking poured down to the Red Cross headquarters, and for the first 10 days anything f1·om the Federal Government. after the storm I was myself working at the central clothing depot, When we ask for the lowering of our contribution and for _such con where we were trying to carry forwru·d the work of coordinqting the cessions as you are able to make in the matter of making more easy various agencies who were collecting clothing and .supplies and sending the financial payment of our share, I feel it is justice we ask and not them up to the storm area. m"ercy. But even if we were asking special concessions, if we were Ten days after the storm I went to Belleglade. You see by your map asking you to consider Florida, to show mercy to us in this situation, that Helleglade is there at the southern end of the lake, down at the if we were asking the Government to give us what we had not -actually intersection of the two lines at the bottom of your map. met by State contributions, I should feel my elf justified, because in I just want to suggest to you what it was to drh-e from Palm Bench these last five years Florida has been visited by a series of almost to BellPglade when at that time more than 20 miles of the road was unparalleled calamities. These calamities have put a burden on the under water still, so much so that we had to gage the position of the people of my State, and they have borne that bnrd~n with the greate t road by the distanoe from the telegraph poles and hope not to drop off courage and fortitude, and now when they are not able financially to the raised roadway into a canal. bear this cost of a project to develop the inland waterways and at the Wllen we reached the town of Belleglade, we found that the.re was same time safeguard their own lives, I feel a special consideration from practically nothing left of the community. One house bad been swept our Government could be justly given to Florida. u miles before it had anchored, tipped up against the side of tbe rnised We are very grateful for the privilege of presenting our requests to road. llouses were folded together like a pack of cards. Some places you, and I hope that if the request, Mr. Cbairmuu, for accepting ot you would see a foundation protrude without walls ; here and there were our bonds in lieu of cash has no precedent, you will keep in mind tbe houses upside down. fact that our disasters also are without precedent. We met the military force on guard as we entered the town. It was COMPENSATION OF DISABLED EX-SERVICE MEN OF THE WORLD W.A.R. under martial law. The people were still hunting for bodies. As many as had been recovered in the enrly days, many hundreds of them were Mr. PATMAN. Mr. Speaker, I ask unanimous consent to ex sent in to the coast, where the land was a little higher, at Palm Beach. tend my own remarks. But very soon it became impossible, as the condition of the bodie was The SPEAKER pro tempore. Without objection, it is so or such that they coulu not be sent across for burial when found, und I dered. believe Mr. Selby gaYe the first order for the burning of bodies. There was no objection. Mr. SELBY. Yes. Mr. PA'l'MAN. Mr. Speaker, I can not vote for adjournment Mrs. OWEN. It soon became endent they would have to burn the of this session of Congress until the bill to compensate disabled bodies as they were found, and they were piled in piles and covered ex-service men of the World War and their dependents has with oil and burned. passed and received the approval of the President. There was a community in a state of desolation and destl'Uction that It has already been said on the floor of the House that a I think is seldom paralleled in the history of disasters. It is not neces vote to adjourn before the passage of this legislation is a vote sary to any more than suggest such a picture to you to have you know against the interests of . these disabled veterans and their just what impression it would have on the mind of the person who dependents. · visited the storm area, with its families disrupted, its people searching To-day tens of thousands of ex-service men are helpless and for their loved ones who were lost. Tile extent and completeness of the bedridden by reason of disabilities incurred in line of duty destruction stunned and horrified tlJe beholder. during the World War and are not dt·awing 1 penny of com Just a year after that I went back to Belleglade. My first \isit I pensation from the Government. The proposed J obnson bore with controlled emotion, but when I went back to this little town Rankin law will remove the reel tape and legal technicalities of llellcglade ana found thu t just one year after they had built up and permit these disabled veterans and their families to receive their houses- again ; and had a meeting in their city meeting place, called the relief to which they are entitled. 9484 CONGRESSIONAL RECORD-_HOUSE MAY 23 . Within the next 10 days the tariff bill will probably become a Government employees spending their time in Indian affairs law. It leTies a tax on practically everything that goes into the work. The number of employees is growing larger every year. ltome of an American citizen, including food, clothing, and other The money required is increasing every year. The Indian prob· conveniences and necessaries of life. It will take each year lem is growing bigger every year, and yet substantially nothing $1,000,000,000 from the people of the United States and deliver toward ending it is being done. The Indians should be emanci it to the O\Yners of a few industries. The large income-tax pated first for their own welfare, and, secondly, for the welfare payers have ah·eady 1·eceived from this Congress a huge refund of tbe Federal Government. To accomplish such purpose the amounting to almost $200,000,000. The ocean-shipping interest following bill was introduced to-day: ba received enormous ubsidie from the United States Treas A bill providing for teaching, training, developing, qualifying, and ury. Special intere ts have been liberally and generously taken emancipating the Indians of the United States &for independent citi care of by this Congre s. I hope that every friend of the vet- zenship, and for other purposes, within the period of 50 years ran of the World War in this Congress will vote against ad journment until a bill for the relief of the disabled veterans has Be it enacted, etc., That it is hereby declared to be the policy and become a law. purpose of the Congress to provide for teaching, training, developing, and qualifying the Indians of the United States. as early as possible, to PER.MISSION TO ADDRESS THE HOUSE become industrious, self-reliant, qualified, independent, and self-maintain Mr. KVALE. Mr. Speakei·, I ask unanimous consent that ing citizens of the United States. And it is further declared to be the to-morrow morning, immediately after the reading of tbe P<•licy and purpose of the Congress to at once provide for entering upon Journal and the disposition of business on the Speaker's table, and continuing such intensive and comprehensive training, developing, I mas- be permitted to address the House for five minutes. and qualifying of said Indians for capable, independent citizenship that Mr. LElA VITT. i\lr. Speaker, reserving the right to object, within the period of 50 years further guardianship by the United States on what subject? over the Indians and their property shall be unnecessary and, therefore, l\lr. KVALE~ I wi.,h to address myself, I will say to the di continued. gentleman, to a memorandum that was issued by the Depart Sxe. 2. That in order to carry out the purposes of this act a com ment of the Interior on Monday ef thi week. mission on Indian education is hereby created, which shall be composed 1\Ir. LEAVITT. With regard to what subject? of the Secretary of the Interior, the Secretary of Agriculture, the Mr. KVALE. With regard to the disposition of the Flathead Secretary of Labor, the ColDlllj.ssione.r of Indian Aft'airs, and the Com power site. missioner of Education, of which commission the Secretary of the Mr. LEAVITT. I shall object, Mr. Speaker, unless I can Interior shall ex officio be chairman. have a like amount of time to follow the gentleman. SEC. 3. That such commis ion on Indian education shall cause to be Mr. TILSON. Mr. Speake1·, let us not start a controversial prepared such curriculum, course of teaching, study, and training as in matter to-morrow-- its judgment will be necessary for use in teaching, training, and de Mr. KVALE. I withdraw the request, Mr. Speaker. veloping the Indian to be independent, self-supporting, qualified citizens. INDIAN EDUCATION Sl!lC. 4. That to carry out the purposes set forth in this act, special training or normal schools shall be provided for Indian teachers at Mr. SPROUL of Kansas. Mr. Speaker, I ask unanimous con such places and for such length of time as may be determined neces sent to extend my remarks in the REOoRD on the subject of sary by said commission on Indian education for qualifying said teach Inilian education and to include therein a short bill on the ers to teach, train, and develop the Indian students in accordance with subject. such curriculum and course of teaching and training as shall from time The SPEAKER pro tempore. The gentleman from Ka·nsas to time be provided by or under the direction of the commission on a~ks unanimous consent to extend his remarks in· the manner Indian education. indicated. Is there objection? SEC. 5. That the said commission on Indian education shall select There was no objection. and employ such normal training teachers to specially in truct the Mr. SPROUL of Kansas. Mr. Speaker, Indian education is a Indian teachers of the Indian schools what and how to teach, to de subject of momentous importance. The right type of education, velop, and to train the Indian students to become qualified for inde properly adlninistered, is of the greatest importance to the In pendent, self-reliant, self-supporting citizens of the United States in dians, and of very great importance to the Federal Government accordance with the purpo ~s of this act. And the said commission also. shall fix1 and determine the salaries to be paid said normal training Tbe courts have held that the Federal Government is the instructors. which sa!aries shall be paid as the salal'ies of other Indian guardian of the Indians until they are declared by the agencies teachers. of the Go•ernment to be qualified for independent citizenship. SEC. 6. That among the elements embraced in the qualifications for It is the duty of the Government through its agencies, when citizenship sought by this act to be developed in the Indian students and that time comes in the education and development of the In which shall be taught are: Industry, continuity of effort, loyalty, effi dians to emancipate them by a written declaration of compe ciency, perseverance, ambition, economy, busine s administration, neat tency and freedom from further guardianship. On such date nes , sobriety, truthfulness, integrity, self-preservation and protection, it also is the duty of the Government to deliver to such com law observance, self-reliance, self and family support, participation in petent, emancipated Indian ~s property. In short, it is the governmental activities, mental growth and development, and love of duty of the Government to educate the Indians, as it is the duty country. of parents to edU<~ate their children. SEc. 7. That 50 years from and after the approval of this act the The Indians have been under governmental domination and United States shall cease to be the guardian of the Indians, and all control for approximately 150 years. They now are represented Indians shall then and thereafter be regarded as independent, qualified by something like 100 to 200 tribes and in population number citizens of the United States, with the same liberties, privileges, immuni about 350,000. Up to this time the Government has not had a ties, and responsibilities of other citizens. well-defined standard and c~riculum for educating, training, SEC. 8. That as the Indians become qualified for independent citizen and developing the Indians. _ _ _ ship, as determined by the Secretary of the Interior, such Indiaus shall TI1e Indian race of people has at least two prominent char upon their application, or upon the initiative of the Secretary of the acteristics which our other citizens do not have. The one is Interior, be given a certificate of independence and competency. natural and peculiar to the race and the other is largely ac SEc. 9. . That the special education, training, and development of the quired through their paternalistic treatment by the Federal ~ndians, as herein provided for, shall continue until all the Indians Government. The first characteristic is that of reluctance to become qualified for self-support and citizenship, or until the expiration engage in acti\e, arduous, and continuous labor. The Indian of 50 years, in 1980. prefers hunting and fi . bing, racing and sports of various kinds SEC. 10. That it shall be the duty of the Secretary of the Interior to the character of industries engaged in by other citizens. to preserve and protect all the property of each Indian, and upon such The second characteri tic of the Indians, which is the result of Indian arriving at the state of competency for independent citizenship, the Go,ernment's paternalistic care of them, is a feeling on the Secretary of the Interior shall deliver over said property to such their part that the Government owes the Indians an everlasting Indian when be shall have recei>ed his competency papers. paternalistic care; that the white people have taken their land SEC. 11. The Secretary of the Interior shall make all necessary rules and country, and out of it have grown wealthy, and for this and regulations for carrying out the purposes of this act. reason owe the Indians a care and support. These two condi tions in the Indian mind and make-up constitute a real handi· ORDER OF BUSINESS cap to the Government in educating, training, and qualifying Mr. TILSON. Mr. Speaker, I ask unanimous consent that the Indians for self-1·eliant and capable citizenship. It is at to-morrow's session, bills on the Pl'ivate Calendar unobjected largely-to overcome these two handicaps that our special educa to, may be considered in the House as in Committee of the tional program is designed. Whole, beginning where the call left off to-day. It now costs the Government from $15,000,000 to $18,000,000 The SPEAKER pro tempore. The gentleman from Connecti per year to care for the Indians. There ~e many hundred cut asks unanimous consent that it be in order to-morrow to 1930 CONGRESS! ON AL R.ECORD-HOUSE 9485 consider bills on the Private Calendar unobjected to, in the II. R. 6807. An act establishing two instituti~ns for the con- / House as in Committee of the Whole, beginning where we left finement of United States prisoners; off to-day. Is there objection? H. R. 7390. An act to authorize the appointment of an Assistant Mr. MAPES. Mr. Speaker, re erving the right to object, Commissioner of Education in the Department of the Interior; does that mean that no other business will be in order except H. R. 7412. An act to provide for the diversification of em- ./ bilL'S on the Private Calendar? ployment of Federal prisoners, for their training and schooling V 1\fr. TILSON. There will be conference reports and privi in trades and occupations, and for other purposes ; leged matters of that sort in order, but with respect to any new II. R. 7933. An act to provide for an assistant to the Chief business not on the Speaker's table and without reference to of Naval Operations; conference reports, it is not the intention to call up any new H. R. 7962. An act to extend the times for commencing and busines~. completing the constn1ction of a bridge across the Ohio River Mr. MAPES. Of course, that could be prevented by making at Mound City, Ill.; only the Private Calendar in order, if the gentleman wanted to H. R. 9805. An act to extend the times for commencing and By 1\Ir. ENGLEBRIGHT: A bill (H. R. 12574) to add ~er PETITIONS, ETO. tain land.s to the l\lod.oc National Forest in the State of Cali Under clause 1 of Rule XXII, petitions and papers were laid fornia ; to the Committee on the Public Lands. on the Clerk's desk and referred as follows: By Mr. JOHNSON of Washington: A. bill (H. R. 12575) to 7353. By Mr. BLOOM: Petition of the Philip Bernstein Sick extend the time for completing the . construction of a bridge Benefit Association, opposing the enactment of the said volun across the Columbia River between Longview, Wash., and tary al:en registration bill now before Congress, or any other Rainier, Oreg.; to the Committee on Interstate and Foreign legislation requiring the registration of aliens, whether volun Commerce. tary or compulsory, for the reason that such legislation will in By Mr. SPROUL of Kansas: A bill (H. R. 12576) providing fringe the rights and liberties of foreign-born citizens as well as for teaching, training, developing, qualifying, and emancipating of every citizen of the United States and will subject every the Indians of the United States for independent citizenship, citizen of the United States to investigations and make it and for other purposes, within the period of 50 years; to the almost imperative for e>ery person to carry with him either a Committee on Indian Affairs. <;ertificate of naturalization or some other evidence of citizen By Mr. CRAMTON: Joint resolution (H. J. Res. 345) prohib sh:J.}, in order to sa>e himself annoyance and possible arrest, iting location or erection of any wharf or dock or artificial fill and such a law would become a source of espionage, provoca or bulkhead, or other structure, on the shores or in the waters tion, corruption, and graft; to the Committee on Immigration of the Potomac River within the District of Columbia without and Naturalization. the approval of the Commissioners of the District of Columbia 7354. By Mr. BRUNNER: Resolution of the National League and the Director of Public Buildings and Public Parks of the of Women Voters, expressing to the President of the United National Capital; to the Committee on the District of Columbia. States its appreciation of the statement in his annual ·message By Mr. WOOD: Joint resolution (H. J. Res. 346) to supply recommend:ng to Congress that the purpose of the Sheppard a deficiency in the appropriation for the employees' compensa Towner Act should be continued through the Children's Bureau tion fund for the fiscal year 1930 ; to the ·Committee on Appro for a limited period of years, and urging the passage of ade priations. quate and immediate legislation for the promotion of maternal PRIVATE BILLS AND RESOLUTIONS and child hygiene, with provision for cooperation between the health and educational agenc:es of the Federal Government nnd Under clause 1 of Rule XXII, private bills and resolutions for the administration of the act by the United States Chil were introduced and severally referred as follows: dren's Bureau; to the Committee on Interstate and Foreign By Mr. AYRES: A bill (H. R. 12577) for the relief of James Commerce. H. Co~ert; to the Committee on Military Affairs. 7355. By Mr. CELLER: Petition of the Brooklyn · Hebrew By Mr. BEERS: A bill (H. R. 12578) granting an increase of Horne and Hospital for the Aged, at Brooklyn, N. Y., protest pension to Sarah Alice Hane; to the Committee on Invalid Pen ing the enactment into law of bills now pending in Congress sions. providing for the reg:stration of aliens in any form, whether Also, a bill (H. R. 12579) granting an increase of pension to compulsory or voluntary ; to the Committee on Immigration Tillie M. Schmittel ; to the Committee on Invalid Pensions. and Natm·alization. Also, a bill (H. R. 12580) granting an increase of pension to 7356. Also, petition of the veterans of the Wc.rld War, honor Henrietta Johnson: to the Committee on Invalid Pensions. ably discharged from the United States Army or Navy, and hold By Mr. CARTER of Wyoming: A bill (H. R. 12581) validat ing- service certificates, petitioning the Members of Congress to ing application for entry upon public lands; to the Committee unanimou'·ly pass the bill providing for immediate payment of on the Public Lands. the face value of all service certificates of veterans at present By Mr. CHASE: A bill (H. R. 12582) g~anting an increase outstanding, believing that, due to the great unemployment of pension to Fannie A. McFeeters; to the Committee on In situation now prevailing throughout the United States, this is valid Pensions. the opportune time to get this money into circulation; to the By Mr. COYLE: A bill (H. R. 12583) to further amend the Committee on Ways and 1\leans. act of l\1arch 4, 1925, ·as amended l\farch 3, 1926, and April 6, 7357. Also, petition of the Brooklyn section of the National 1926, and to amend the act of February 16, 1929, to further Council of Jewish Women, opposing the bills now pending before carry out the provisions of the award ·of the National War Congress, known as the Aswell bill, H. R. 9109, the Cable bill, Labor Board of July 31, 1918, and the action of the War De H. R. 10207, and the Blease b-ill, S. 1278, which provide ·for partment Claims Board of July 6, 1921, and for reimbursing the registration of aliens; to the Committee on Immigration Bethlehem Steel Co. for additional compensation paid by it to and Naturalization. certain of its employees in compliance with such award; to the 7358. Also, petition of the Eastern Parkway section of Ivriab Committee on Claims. · of Brooklyn, N. Y., opposing the bills now pending before Con ;.BY Mr. DENISON: A bill (H. R. 12584) granting a pension gress, known as the Aswell bill, H. R. 9109, the Cable bill, -to Charle-s Lasswell ; to the Committee on Invalid Pensions. · H. R. 10207, and the Blease bill, S. 1278, which bills p·rovide By M1~. HUDSPETH : A bill (H. R. 12585) for the relief of for the registration of aliens; to the Committee on rmmigra Alfred Frank Wagoner; to the Committee on Naval Affairs. tion and naturalization. By l\Ir. LAGUARDIA: A bill (H. R. 12586) granting an in 7359. By 1\Ir. CLARKE of New York: Petition of Woman's crease of pension to Josefa T. Philips; to the Committee on Christian Temperance Union of Johnson City, N. Y., favoring Pensions. Federal supervision of motion pictures in interstate commerce; By Mr. LAMBERTSON: A bill (H. R. 1~587) for the relief to the Committee on Interstate and Foreign Commerce. of Charles W. Peppers; to the Committee on Claims. 7360. By 1\Ir. ENGLEBRIGHT: Petition of Fresno County By 1\Ir. MANLOVE: A bill (H. R. 12588) granting a pension Chamber of Commerce, California, indorsing House bill 8000; to to Judah Wormington; to the Committee on Pensions. the Committee on the Public Lands. By Mr. McFADDEN: A bill (H. R. 12589) granting an in 7361. By Mr. HOWARD: Petition signed by Mrs. Frank E. crease of pension to Emma Raymond; to the Committee on Tripp, route 1, Creighton, Nebr., and other members of the Invalid Pensions. Women's Civics Club, of Creighton, Nebr .. urging immediate con Also, a bill (H. R. 12590) g1·anting an increase of pension sideration of the Robsion-Capper educational bill; to the Com to Alma. E. Brown; to the Committee on Invalid Pensions. mittee on Education. By Mr. MILLER: A bill (H. R. 12591) for the relief of 7362. By Mr. KORELL: Memorial of the council of the city Stillwell Bros. (Inc.) ; to the Committee on Naval Affairs. of Portland, Oreg., urging the preservation of the old post-office • By Mr. MOUSER: A bill (H. R. 12592) granti:eg a pension to building at Portland, Oreg. ; to the Committee on Public Build l\fartha L. Burne; to the Committee on Pensions. ings and Grounds. By Mr. O'CONNOR of Oklahoma: A bill (H. R. 12593) grant 7363. By l\Ir. LINDSAY: Petition of Brooklyn Council, Kings ing a petlsion to John Eigel; to the Committee en Pensions. County, Brooklyn, N. Y., petitioning that the Sabath measure By Mr. RUTHERFORD: A bill (H. R. 12594) for the relief granting Philippine independence be favorably acted upon; to of Truman E. Pound, deceased ; to the Committee on Military the Committee on. Insular Affairs. · Affairs. , 7364. By Mr. O'CONNOR of New York: Resolutions of the By 1\lr. SANDERS of New York: A bill (H. R. 12595) for New York Board of Trade (Inc.), indorsing the report of the the relief of Jacob G. Ackerman; to the Committee on Claims. Port of New York Authority recommending that the New York By ·1\fr. STOBBS: A bill (H. R. 12596) for the relief of Quarantine Station be opened 24 hours of the day und that the Susan A. l\Iargerum; to the Committee on Military Affairs. same quarantine fees for special services should apply at the Also, a bill (H. R. 12597) granting an increase of pension to port of New York as now apply at other ports, and that addi Eliza A. Gleason ; to the Committee on Invalid Pensions. tional personnel and modern equipment be furnished s..t the By Mr. TILSON: A bill (H. R. 12598) for the relief @f Leslie quarantine station; to the Committee on Interstate and l!'oreign lll. Babcock; to the Committee on Military Affairs. Commerce. 9488 CONGRESSIONAL RECORD-HOUSE MAY 24 7365. By Mr. ROBINSON! Petition signed by Mrs. F. H. S. J. Res. 76. Joint resolution authorizing the Secretary of Reuling, president~ and Mrs. Charles M. Young, secretary the Treasury to purchase farm-loan bonds issued by Fede'ral Chapter F. E. of P. E. 0., Waterloo, Black Hawk County, Iowa, land banks. urging the passage of legislation for the Federal supervision of THE REPUBLIO OF GREECE motion pictures establishing higher standards before production The SPEAKER pro tempore laid before the House the fol for films that are to be licensed for interstate and international lowing co~unication from the Assistant Secretary of State: commerce; to the Committee on Interstate and Foreign Com- mei·ce. · DEPARTMENT OF STATE, 7366. Also, petition signed by the president, Mrs. William Washitlgton, May 28, 1930. Mr. WILLIAM TYLER PAGE, Briden. and the secretary. Mrs. John D. Theimer, of the Oak Ridge Woman's Christian Temperance Uniop, Cedar Falls, Black OLerk of the House of Representatives, Washington, D. 0. SIR : This department is in receipt of a note from the minister of Hawk County, Iowa, urging the passage of legislation for the Greece, at this ·capital, requesting that his sincere thanks and highest Federal supervision of motion pictures, establishing higher appreciation be transmitted to the House of Representatives for its tandards before production for films that are to be licensed good wishes und congratulations on the one hundredth anniversary of for interstate and international commerce; to the Committee on the independence of Greece. Iuterstate and Foreign Commerce. I take pleasure in inclosing a copy of the Greek minister's note here 7367. By Mr. SWANSON: Petition of the Woman's Christian with. Temverance Union of Villisca, Iowa, favoring Federal super Very truly yours, vision over motion pictures in interstate and international com For the Secretary of State : WILBun CARR, merce ; to the Committee on Interstate and Foreign Com Assistant Becretat·fl. merce. (Inclosure: Copy ol note from the Greek minister.) 736 . By ·Mr. WELCH of California: Petition of members of MAY 16, 1930. Veteran 'Welfare Worker and members of sundry other organi EXCELLENCY: I have the honor to acknowledge the receipt of your zations of San Francisco and vicinity, urging the speedy enact letter inclosing the resolution adopted by the House of Representatives Ment of House bill 8371; to the Committee on Ways and on May 5, 1930, extending to the Republic of Greece the best wishes Mean. and congratulations of the House of Representatives on the one hun 7360. By Mr. YATES: Petition of. W. G. Grady, president dredth anniversary of the independence of Greece. Fonies Manufacturing Co., Decatur, Ill., protesting against the In expressing my deepest appreciation for this communication I Wagner bill, S. 3060, which passed the Senate; to the Com should be exceedingly obliged i1' your excellency were kind enough to mittee on Labor. , transmit to the House of Representatives my sincere thanks, as well as my highest appreciation, for their good wishes and congratulations on the occasion of the one hundredth anniversary of Greece's independ HOUSE OF REPRESENTATIVES ence, with the assurance that this resolution will be immediately SATURDAY, May ?34, 1930 brought to the knowledge of my Government. Accept, your exeellency, the renewed assurances of my highest con The House met at 12 &'clock noon and was called to order by sideration. Mr. SNELL, Speaker pro tempore. His Excellency Mr. HENRY L. STIMSON, The Chaplain, Rev. James Shera Montgomery, D. D., offered Becreta-r11 of State, eto., eto., Washington, D. 0. the following prayer : THOMAS L. BLANTON Merciful God, our Father, we thank Thee that we are brought Mr. GARNER. Mr. Speaker, the Member elect from the together again upon this day; Thy mercies are so constant and seventeenth district of Texas, Mr. BLANTON, is in the Hall, and abundant. We al'e grateful that Thou art not an avenging God. I ask unanimous consent that he be sworn in at this time. I Thou ·art infinitely above man, for all Thy judgments are ad will state in this connection that his opponent, Mrs. Lee, has mini ta·ed in compas ion and goodness. Though an infinite conceded his election and there is no contest from that district. Creator, yet Thou do t love us all. Even the universe claims Mr. TILSON. Will the gentleman. yield? the devotion of our souls. So long as there is a flower to lift Mr. GARNER. Certainly. . its face toward the sun·; so long as there is a bird to sing away Mr. TILSON. I understand that the credentials have not the el:fi hness of man; so long as there is .a sunlit breast to feel been received? the pul ations of redeeming love; so long as there is a wander Mr. GARNER. I do not think that they have, but there is no ing vagabond, wearing the scarred image of the Father, there question of Mr. BLANTON's election. will be everlasting love in the heart of the Almighty. Through · The SPEAKER pro tempore. The Chah· is informed that Jesus Cb'l'ist our Lord. Amen. the c1·edentials have not been received. There is serious doubt The · Journal of the proceedings of yesterday was read and in the Chair's mind about the authority of the Speaker pro approved. tempore to administer the oath to a Member, and the present MESSAGE FROM THE SENATE occupant of the· chair will request the gentleman to present his request on Monday. A message from the Senate by Mr. Crockett, its Chief Clerk, Mr. GARNER. Very well. announced that the Senate had passed bllls and joint resolu tions of the following titles, in which the concurrence of the THE TARJFF House of Representatives was requested: Mr. CROWTHER. Mr. Speaker, I ask unanimous consent t(} S.1164. An act autho'rizing and directing the Secretary of address the House for 10 minutes. Agriculture to investigate all phases of crop insurance ; The SPEAKER. Is there objection to the request of the S. 1918. .An act for the relief of Irene Strauss ; gentleman from New York? S. 2218. An act to authorize an appropriation for the relief There was no objection. of Joseph K. Munhall; Mr. CROWTHER. Mr. Speaker and Members of the House, S. 2231. An act to reserve ce'rtain lands on the public domain we have bad in connection with all our tarifr bills a constant in Arizona for the use and benefit of the Papago Indians, and :flood of criticism from the free-trade and low-tariff advocates. for other purposes ; For years they have been predicting disaster and ruin if the S. 2332. An act for the relief of Milburn Knapp; policy of protection should be adopted. S. 3156. An act providing for the final enrollment of the In The attacks on the Hawley-Smoot bill are the most vicious dians of the ·Klamath Indian Reservation in the State of and untruthful that have eve1· been published. Tbe oft-repeated Oregon; charge that it will cost the consumers a billion dollars is with S. 4195. .An act fctr the relief of Samuel W. Brown ; out foundation, and those who persist in disseminating this S. 4235. .An act to prohibit the sending of unsolicited mer type of false doctrine ought all to be made charter members of chandise through the mails; the Ananias club. S. 4531. An act authorizing a survey by the Surgeon General The great triumvirate that seems to be indis olubly linked of the United States Public Health Service in connection with together for the purpose of discrediting the Hawley-Smoot bill the control of cancer; is made up of the Democratic Party, the international bankers, S. J. Res. 9. Joint resolution for the amendment of ·the acts and the importers. Their objective is that of the pirates of of February 2, 1903, and March 3, 1905, as amended, to allow long ag