1936 CONGRESSIONAL RECORD-SENATE 5385 ADJOURNMENT Mr. AUSTIN. I announce that the Senator from Iowa Mr. ROBINSON. Mr. President, I am informed by the EMr. DICKINSON] is necessarily absent. managers on the part of the House that they desire to pro The VICE PRESIDENT. Eighty-two Senators have an duce some rebuttal testimony. The hour of 5 o'clock having swered to their names. A quorum is present. arrived, unless there is objection, I move that the Senate, sit New Jersey; and Hon. SAM HoBBS, of Alabama, accompanied by the clerk By Mr. Manager SUMNERS: of the Committee on the Judiciary of the House of Repre Q. Judge Ritter, when you and Judge Rankin formed your sentatives, Elmore Whitehurst, and by Thomas M. Mul association, Judge Rankin had a good, workable library, did herin, special agent, Federal Bureau of Investigation, De he not ?-A. He had it at his home in Andalusia, Ala. He partment of Justice, appeared in the seats provided for brought it down later for our library. Yes, sir. them. Q. You had been, I believe, while practicing law in Denver, The respondent, Halsted L. Ritter, with his counsel, Frank using an office in a building where there was a library for P. Walsh, Esq., and Carl T. Hoffman, Esq., and R. 0. Cullen, the use of the tenants, and therefore you, I believe, did not Esq., of Miami, Fla., associated with Mr. Hoffman, appeared have very much of a library at that time?-A. No; we did in the seats assigned them. not have to buy books. We used the building librarY'. But The VICE PRESIDENT. The Sergeant at Arms by proc I had a little private library in my own office, which I brought lamation will open the proceedings of the Senate sitting for down. I do ·not remember how many volumes, but I kllow I the trial of the articles of impeachment. brought down the Centennial Digest and the Decennial The Sergeant at Arms made the usual proclamation. Digest. I brought down quite a number of books. I cannot On request of Mr. AsHURsT, and by unanimous consent tell you just how many. We had a very· good, workable the reading of the Journal of the proceedings of the Senate' library. sitting for the trial of the articles of impeachment, for Sat~ Q. I will ask you, Judge Ritter, if this was not your state urday, April 11, 1936, was dispensed with, and the Journal ment before the committee when it had its hearings in was approved. Miami: Mr. ROBINSON. I suggest the absence of a quorum. When I decided to go in With Judge Rankin I did not send for The VICE PRESIDENT. The clerk will call the roll. the few books which I had out there, and while I do not think it is incumbent on me to go into the details of the situation, I just The Chief Clerk called the roll, and the following Senators want to say that I brought down- the Century Digest and the answered to their names: Decennial Digest, which out West was a very outstanding work Adams Clark Johnson Pope tool, but which down here is not much used.~ Judge Rankin said Ashurst connally Keyes Radcliffe he traded that off for $100; if he had let me know about it I would Austin Coolidge King Reynolds have paid him much more for it, and I wish I had it in my library Bachman Copeland La Follette Robinson now. Bailey Couzens Logan Schwellenbach Barbour Davis Lonergan Sheppard A. Yes, sir; I testified that way. Barkley Donahey Long Shipstead Q. Do you recall any books you brought down there except Benson Dufi'y McAdoo Smith Bilbo Fletcher McGill Steiwer the two sets of books mentioned in this statement?-A. I had Bone Frazier McKellar Thomas, Okla. some textbooks, as I remember, on questions of bonds and Borah George McNary Thomas, Utah questions of rates and questions of trusteeships. I just can Brown Gerry Maloney Townsend Bulkley Gibson Metcalf Truman not recall :q.ow. Bulow Glass Minton Vandenberg Q. It is a fact, however, is it not, that Judge Rankin had Burke Gufi'ey Murphy VanNuys Byrd Hale Murray Wagner the library with which you worked, in the main, which con Byrnes Harrison Norris Walsh stituted the contribution to the books?-A. Yes, sir; his con Capper Hastings Nye Wheeler tribution was far greater than mine. Caraway Hatch O'Mahoney White Carey Hayden Overton Mr. Manager SUMNERS. I am sorry, Mr. President, but Chavez Holt Pittman I do not seem to find in my portfolio the matter about which Mr. ROBINSON. I announce that the junior Senator from I intended to interrogate the witness. It will save time to Alabama [Mr. BANKHEAD], the Senator from Colorado [Mr. have him stand aside and let me call him again. CosTIGAN], the Senator from Nevada [Mr. McCARRAN], and Mr. WALSH (of counsel). Let me ask him a question or the Senator from Florida [Mr. TRAMMELL] are absent from two first. the Senate because of illness, and that the junior Senator Mr. Manager SUMNERS. Very well. from Illinois [Mr. DIETERICH], the Senator from Oklahoma FURTHER REDIRECT EXAMINATION [Mr. GoRE], the Senator from New Jersey [Mr. MooRE], the By Mr. WALSH (of counsel): Senator from Georgia [Mr. RussELL], the senior Senator from Q. As a matter of fact, when you went into partnership Alabama [Mr. BLACK], the senior Senator from Illinois [Mr. you fused the library, did you not?-A. We did. LEwiS], and the Senator from West Virginia [Mr. NEELY] Q. And it all became a part of the partnership assets? are necessarily detained from the Senate. A. Yes, sir. 5386 CONGRESSIONAL RECORD-SENATE APRIL 13 Mr. WALSH (of counsel). When I called your attention letter before it is offered. I have never heard of these letters to respondent's exhibit no. 45 the other day, which was the . before, and should like to consider them. inventory of the books which are alleged to have been in the The- WITNESS. Yes; I wrote that-- office at the time of the dissolution, the number of the books Mr. WALSH (of counsel). No; please do not make any vras not figured up, and I now annotmce the number. There answer until I read the letters. I have never seen theser were 894 books on the list. · [After read.ing letter J I ob.iect to this: as irrelevant and By Mr. Manager SUMNERS; immaterial.
Q. The books which were on that list were made up in the Mr r Manager SUMNERS. The others are of the same main of books which Judge Rankin had at the time when · sort. you and he became associated. Is not that true, Judge Rit- Mr. WALSH believe you stated you did nat have any written. agreement The VICE PRESIDENT What is the ob,iect of the testi- of association. Judge Ritter,. is not this what happene~ that many proposed to be introduced? you and Judge Rankin just moved in together and you put Mr. Manager SUMNERS. Mr. President, the letters are in your books and your furniture that you had, and he put effered. for the purpose of sh<>wing the length to which the in his books and what furniture he had, and you went to :respondent was- willing to gt> at that time in behalf of his. practicing law without any understanding or definite agree- former partner. The Chair will recall that the letters were ment with regard to who should own the property that ea-ch written a few months after the transactions in the court of you brought into the o:ffice?-A. No, sir; that is not the room of Judge Ritter, when, as we claim. Judge Ritter was fact. All the property was to go as common property in advised of the facts and cil'cumstances which showed a which each partner had a on-e-ba.lf interest, and it became champertous inception of the Whitehall case. The letters an asset of the firm. eontain statements-and I only go this far-by Judge Ritter Q. Do you mean if you had dissolved the next day after with regard to· the quallikati:ons, character, and professional that association was establislled you would have owned half equipment of his former partner. I think they throw a great the books: Jtrdge Rankin brought into the o:ffice?--A. Yes, sir. deal of light upon the relationship· between these two gen- Mr. Manager SUMNERS. That is all. tlemen with regard to whom it is charged in this case that By Mr WALSH (of cmmseD :- a conspiracy existed, and money passed from one to the Q. May I ask a question whic-h has been suggested to me. other with regard to the Whitehall case; and, to be entirely Are there or not upon this list of books which you have candid with the Chair, I think the letters touch the question given me any books that were purchased after the partner- of the veradty of the respondentr-an important matter in ship dissolution?-A. Yes, sir. this case. Q. I believe yon misunderstood me. They were not put Mr. WALSH (of counseD. Mr. President, I desire tare- upon the list, were they, after the dissolution?-A. Put there new my objection. and to enter on behalf of the :respondent after the dissolution? as strong a protest as I know how to enter. Q. Yes.-A. No, sir. That is the list that was made up at I say that the interjection into the case at this hour of a the time o! the dissolution. matter that is entirely politieal, because part of it is brought Mr ~ WALSH (of eounseD. That is all. out here, might obscure some of the elements in the case The VICE PRESIDENT. Let the. witness stand asider Are that we, at least, have been attempting to carry along to there any other witnesses,. gentlemen? refute the charge that has. been made. I do not understand Mr. WALSH (of counseU. I have the testimony of one that it would be any reflection upon the judge to admit the witness to read. I have submitted it to the managers. letters. At that time he had every confidence in tllls man, Mr. Manager SUMNERS. Have my cocou.nsel examined if the matter may be so expressed. At that. time he was as the data. you propose tn offer2 innocent as he now clanns to- be. So I say, this being purely Mr. WALSH {of eounseD. I do not know. I. gave it to a political matter, that it nught interfere with the serene you in the first instance Unless you gave it to them they flow of evid~nce to bring about a just result in this higb have not examined it. I desire to read the testimony of this Court of Impeachment. I say that the introduction into the witness. case of that element-1 will not characterize the reason for The VICE PRESIDENT. The Chair inquiied if other wit- offering it-is so far away from the question of the honesty nesses were to be called', but uncl.erstood it was desired to of the respondent that it might prejudice him in a way that have a conference between the managers on the part of the I think every member of the Court ought to desire to be,. House and counsel for the respondent. and should be, far above. Mr. Manager SUMNERS. I have the data now for which Mr. Manager SUMNERS~ Mr. President, may I make just I was looking a. moment ago, Let the respondent again take one observation? the stand. Whatever in the letters bas any smack of politics, has any The VICE PRESIDENT, The respondent will take the reference to- polities, the managers would be- glad to have stand again. deleted from the letters; but the letters eontain statements Mr. Manager SUMNERS. Mr. President, we offer at this by the respondent with reference· te- the eharaeter and quail time photostatic copy of letters written by the respondent fieations of his former law partne!' which we think, under to Han. William D. Mitchell, dated December 19, 19Zir; a the circumstances, in view of the character flf the Court that letter of January 2'9, 1930, to Hon. Walter H. Newton, Sec- is trying this question, would be of value to the Court in retary to the President at that time. and a letter to Hon. Wil- determining some of the most fundamental questions that liam D. Mitchell, Attorney General, dated January 23, 1930, arise in the case-, namely, the integrity of the respondent, and a letter of April ~. 1933, addressed to· Hon. Norma.n J. the credibility of the respondent, and the length to which Norris. the respondent was willing to go in order to render service Mr. WALSH (of counsel). May I look at the letter-, please?- to Mr. Rankin, with whom it is contended in this ease he Let Judge Ritter read it first. I should like to read the has been mixed up from the beginning of the Whitehall '\ 1936 CONGRESSIONAL RECORD-SENATE. 5387 case, before the Whitehall case, and extending now after the we were partners in the practice of law 1n West Palm Beach, Florida, under the name of Ritter and Rankin, for two years im partnership had been dissolve TESTIMONY OF MRS. HELEN FRANCIS, MIAMI BEACH, FLA. MANAGERS' ExHIBIT A-28 (The witness was previously sworn by Mr. TARVER.) HALsTED L. RITTER, Mr. YouMANs. Will you state your name and residence? UNITED STATES DISTRICT JUDGE, Mrs. FRANCIS. Helen Francis; 4621 Collins Avenue, Miami Beach. Miama, Florida, January 23, 1930 Mr. YouMANS. lvirs. Francis, how long have you been a resident Honorable WILLIAM D. MITCHELL, of Miami Beach, Fla.? Attorney General, Washington, D. C. Mrs. FRANCIS. Since about 1925, I think, 1925 or 1926. DEAR MR. MrrcHELL: Supplementing my former letter concerning Mr. YouMANS. And you and your husband had been residing in Judge A. L. Rankin, who is an applicant !or appointment as Fed Miami Beach, Fla., as your residence for a. good many years prior eral judge in the middle district o! Alabama. I want to say that to his death, had you not? 5388 CONGRESSIONAL RECORD-SENAT& APRIL 13
Mrs. Pu.Kcm. Oh, yes. Mrs. FRANCIS. I do not know, because· tt was nrlxoo up there with Mr. YoUMANs. Mrs. Fralfcjs, when did you first become a.c- business in the factory, I believe, and I do not know. qua.inted with Judge :Ritter? Mr. YOUMANS. With the factory in Flint? Mrs. FRANcrs. A great ma.ny years ago-all my life. Mrs. F'aANCIS. Yes. Mr. YoUMANS. Where were you reared, Mrs. Francis? Mr. YoUMANS. That is Flint, Mich.? Mrs. FRANcrs. Indianapolis. Mrs. FRANCIS. Yes. Mr. YoUMANs. You knew him when you were a child? Mr. YouMANs. Was that where you came from? Mrs. FRANCIS. Yes; a.nd my father and mother knew his father Mrs. FRANCIS. That 1s where the factory was located. and mother. Mr. YoUMANs. And there was a lot of insurance in connection Mr; YouMANs. Do you know how long your husband knew with the factory? Judge Ritter? Mrs. FRANCIS. That is my understanding; I could not be abso.. Mrs. FRANcis. I cannot answer that accurately, .but I know they lutely truthful about it. met 1n the West one of my years in California; I do not know Mr. YoUMANs. Do y<>u know whether or not Mr. Francis had any just what year, but a great many years ago. financial di1Iiculties and was unable to keep up the premiums on Mr. YoUlii[ANS. For the last 8 or 10 years were you and your hus- the Insurance for a time? band associated very much with Judge Ritter? Mrs. FRANcrs. Why, not to my knowledge. Mrs. FRANciS. Yes; ever since the Ritters came to Florida. Mr. YoUMANs. Do you know whether or not some of his creditors Mr. YouMANS. I believe they lived in-- carried his insurance for him and kept the premiums up for him Mrs. FRANCIS. West Palm Beach. in order to keep the insurance in good standing? Mr. YouMANs. Until he became judge? Mrs. FRANCIS. I do not know-- Mrs. FRANCIS. Yes. Mr. YoUMANs. You do not know about that. Did you ever make Mr. YoUMANS. Did you visit them up there quite often? any agreement with any of his creditors by which they would pay Mrs. FRANCIS. Yes. the premiums on his insurance a.nd keep it in good standing, pro Mr. YouMANS. Did they visit you quite often? Vided they could be paid Qut of the insurance? Mrs. FRANCIS. Quite often. Mrs. FRANCIS. No. Mr. YoUMANs. Were you ever In his omce? Mr. YoUMANs. You never made any such agreement? Mrs. FRANciS. You mea.n in Palm Beach? Mrs. FRANCis. No. Mr. YOUlii[ANS. Yes. Mr. YouMANs. Were you present when your husband made a. gift Mrs. FRANciS. I do not think so; I cannot recollect that I was. of $7.500 to Judge Ritter? Mr. YouMANS. Do you know that your husband ever visited Mrs. FRANCIS. I was not. Judge Ritter's office in West Palm Beach? Mr. YoUMANs. When did you first learn of that gift? Mrs. FRANcrs. Well, I do not know that he d1d. Mrs. FRANCIS. A little after Mr. Francis' passing. Mr. YouMANs. You never did go to Judge Ritter's office with yom Mr. You~s. Who brought that to your attention first? husband? Mrs. FRANCIS. I think Judge Ritter. Mrs. FRANciS. Never. Mr. YoUlii[ANs. What was the occasion of his calling your atten.. Mr. YouMANs. Did your husband discuss his business matters t1on to this gift? with you, Mrs. Francis? Mrs. FRANCIS. I do not know; in speaking of general affairs, I Mrs. FRANCIS. No; he did not. thin.k. but I do know it was a gift, and I think in payment o! Mr. YoUlii[ANS. Did you know in a general way about his busi services, as I recall. ness matters? Mr. YoUMANs. Do you know of any services that Judge Ritter Mrs. FRANCIS. I did not. had rendered to your husband? Mr. YoUMANs. Did you know that your husband ha.d made a loan Mrs. FRANciS. I know, in a general way. about quite a good deal of $15,000 to the Palm Beach Bus Co., in which Judge Ritter was of services concerning Boca Raton, and some lands, perhaps, front interested? ing on the beach. · Mrs. FRANCIS. I knew there was something about some business Mr. YoUMANS. Was your husband 1nterested in Boca Raton? up there, but just exactly what, I did not know. Mrs. FRANciS. Yes. Mr. YoUMANS. Your husband did not tell yQU about that? Mr. YoUMANS. What else was he interested in down there,• in a Mrs. FRANCIS. No; he did not. Just in a general way I knew there business way? . was something~ but I did not know what it was. Mrs. FRANCis. Except real estate, I know of nothing else. Mr. YoUllolANs. Did he ever discuss with you the tact that he had Mr. YoUMANs. What other real estate was he interested in? a $15,000 note? Mrs. FRANciS. There was Miami Beach, Coco Beach-I do not Mrs. FRANciS. He never did. know all; he did not tell me. Mr. YoUMANS. And that he had been unable to collect that? Mr. YoUMANs. Was he buying or selling real estate? Mrs. FRANCIS. Oh, no; never. Mrs. FRANCIS. Buying, not noticeably the selling. Mr. YoUMANs. Did you consider Judge Ritter any better :friend Mr. YoUMANs. Did he not have some difficulties about all that of your family than lots of your other friends? real estate after the boom was over and prices had drOpped, and Mrs. FRANciS. Yes; I believe I did. real estate became more or less w<>rthless? Mr. YoUMANs. Did you consider him the best friend that yQU Mrs. FRA:.rcrs. Except that it was a burden on my hands, I do not had? know _of any. Mrs. FRANCIS. I never gave it a thought. I think he and his wife Mr. YouMANs. You do not know of any other trouble, except a.s a are two of my very best friends. burden? Mr. YouMANs. Did you have other friends you felt as close to a.s Mrs. FRANCIS. No; 1 do not. you did to Judge Ritter and his family? Mr. YOUMANS. Why was it a burden? Mrs. FRANCIS. At the m<>ment I cannot recall any. 1 Mrs. FRANciS. Oh, Just because we did not want it. Mr. YouMANS. Did your husband invest to a considerable extent Mr. YoUMANS. You could not get rid o! it? tn Florida properties during what was known as the "real-estate Mrs. FRANciS. No. boom" down here in 1925? Mr. YouMANS. Could you not give it away? Mrs. FRANciS. He did. Mrs. FRANcrs. We did not try that. Mr. YoUMANs. Do you know approximately how much he in Mr. YouMANS. What did Judge Ritter say to you about this t7.~00 vested in Florida properties at that time? gift, when he brought it to your attention? Mrs. FRANciS. I do not know now. Mrs. FRANCIS. I cannot recall that. It was shortly after Mr. Mr. YoUJ4ANS; Was it in the neighborhood of a million dollars or Francis' passing, and I do not recall, but I do know it was intended more? as a gift, because Mr. Francis had taken me over to see a lot and Mrs. FRANCIS. I do not know. told me the judge was going to build there. I knew it was Judge Mr. YouMANs. Did he have some trouble about those properties Ritter's lot, and I knew it was a gift from Mr. Francis to the judge. after the boom was over? Mr. YoUMANs. Mr. Francis had taken you over to point QUt to Mrs. FRANCIS. I cannot answer. you the lot that was purchased with the $7,500? Mr. YouMANs. You do not know about that? Mrs. FRANciS: Yes; because he thought the judge was going to Mrs. FRANCIS. No. build there. . Mr. Y<>UMANS. Do you know whether any creditors were giving , Mr. YoUMANs. And told you that was Judge Ritter's lot? him any trouble after the boom was over in 1925? Mrs. FRANCIS. Yes; he did. Mrs. FRANCIS. Not to my knowledge. Mr. YoUMANS. Did he tell you he had given that lot to Judge Mr. YoUMANS. And along, say, in 1927, 1928, or 1929, did you Ritter? know of any creditors that were giving Mr. Francis some trouble? Mrs. FRANCIS. He did not. Mrs. FRANCIS. No. Mr. YouMANS. Did he tell you he had given Judge Ritter the Mr. YoUMANS. Did he owe a.ny money, to your knowledge? money to buy that lot? Mrs. FRANCIS. I do not know of any. Mrs. FRANCIS. He did not; he was not that type of man. Mr. YoUMANs. Did he pay cash for all the properties that he Mr. YouMANS. Mrs. Francis, after your husband's death. did you bought down here? find any record of the $7,500 gift in the recGrds of your husband's Mrs. FRANCIS. I do not know; as far as I know, he did. I do not estate? · know. Mrs. FRANCIS. No; I did not. Mr. YoUMANS. You do not know whether he did or not? ~- YoUMANS. Never saw any reference to that at all. Do you Mrs. FRANCIS. No; I do not. know why your husband made a gift of $7,500 to Judge Ritter? · Mr. YoUMANs. Mr. Francis carried a considerable bit o! life Mrs. FRANCIS. Knowing my husband, he was very apt to do that, insurance, did he not? partly for services and partly because he was generous. He was Mrs. FRANCIS. I think he did. exceptionally fond of Judge Ritter. Mr. YouMANs. Do you know about how much life insurance he Mr. YoUMANs. Judge Ritter's statement shows it was not for carried? services, but It was a gift. 1936. ~ONGRESSIONAL :RECORD-SENATE_ 5389 Mrs. FRANCIS. It might have been; I do not know. I do ·not know; Sunday afternoons and on other occasions ln a social way, or was but that is very probably true, 1f Judge Ritter says that. that in the office, do you know? Mr. YoUMANS. Do you know of any of your other good friends that Mrs. FRANciS. I do not know. your husband had made a gift to? Mr. YoUMANs. Are you an executrix ln your husband's will down Mrs. FRANCIS. Indeed, I do. here? Mr. YoUMANS. You do? Mrs. FRANCIS. I am. Mrs. FRANciS. Yes, sir. Mr. YoUMANs. Did you ever make any attempt to collect the Mr. YouMANS. Do you know of any other judges to whom your $15,000 note that the Palm Beach Bus Co. gave your husband? husband had given large sums of money? Mrs. FRANCIS. No. Mrs. FRANCIS. No; no other judges. Mr. YouMANs. Have you ever said anything to anybody about that Mr. YoUMANS. Judge Ritter Is the only judge that your husband note? had ever given any larg-e sum of money to, to your knowledge? Mrs. FRANcis. I do not know anything about it. Mrs. FRANCIS. To my knowledge. Mr. YoUMANs. Did you know Judge Ritter was interested in that Mr. YouMANS. Do you know about the date of that gift? bus company? Mrs. FRANCIS. No; I do not. Mrs. FRANCIS. I knew there was something he and Mr. Francis Mr. YouMANS. It was after Judge Ritter had. been appointed a were interested in together. I do not know anything about lt; to Federal judge, was it not? tell you the truth, I could not tell you a straight story. Mrs. FRANciS. I cannot answer that. Mr. YouMANs. You knew your husband had. such a note, did you Mr. YoUMANs. Do you know when Judge Ritter became a Federal not? judge? Mrs. FRANciS. No; I did not know anything about a note; I did Mrs. FRANCIS. No, sir; I do not. not. Mr. YoUMANS. Did your husband ever tell you about any legal Mr. YoUMANs. After your husband's death, when you were gather services that Judge- Ritter had. rendered him? ing your information about his estate and preparing an inventory Mrs. FRANCIS. Oh, no; because it was all done in such a friendly to be filed, you found that note among the assets? way; but I know that he depended on Judge Ritter a great deal for Mrs. FRANcrs. I did not find anything, because I turned that all all of his Florida advice. over to my son. Mr. YouMANs. Mrs. Francis, Judge Ritter's statement says your Mr. YoUMANs. So you in person, then, did not help prepare this husband had. become entangled in legal d..ifilculties on account of all inventory? these Florida purchases. Mrs. FRANCis. I had nothing to do with it. Mrs. FRANciS. That might be, but I could not tell you. He did Mr. YoUMANs. Was your son down here at the time this inventory not discuss it with me. was prepared and filed in the court here? Mr. YouMANS. You never heard of your husband being in any Mrs. FRANCIS. I do not know. legal d.tificulties on account of these Florida purchases? Mr. YoUMANS. You never did tal.k to Judge Ritter about the col- Mrs. FRANCIS. I did not. lection of that $15,000 note? Mr. YouMANs. Did your husband owe a good deal of money to Mrs. FRANCIS. No. the plant in Michigan you were speaking of? Mr. YouMANS. Do you know whether your son did or not? Mrs. FRANCIS. If he did, I did not know tt. Mrs. FRANcrs. I do not. Mr. YouMANS. Did your husband owe a good deal of money to Mr. YoUMANS. Do you know whether your attorney ever attempted some trust company in Cleveland, Ohio? to collect that $15,000 note? Mrs. FRANCIS. I do not know that; I think not-- Mrs. FRANCIS. I do not know. Mr. YouMANS. Do you know whether any ancillary papers have Mr. YouMANs. Do you know whether or not your husband ever been taken out with reference to your husband's estate in Cleveland, threatened to sue Judge Ritter on account of that $15,000 note? Ohio? Mrs. FRANCIS. He never would do such a thing. Mrs. FRANCIS. My son 1s ancillary. Mr. YoUMANs. Are you sure of that? Mr. YoUMANs. Those papers are in the court records at Cleveland, Mrs. FRANciS. Absolutely. Ohio? · Mr. YoUMANs. Did Judge Ritter say anything to you about paying Mrs. FRANCIS. I do not know. I turned everything over to my back the $7 ,500? son, and I do not know. Mrs. FRANCIS. No; there was no reason why he should. Mr. YoUMANs. Were ancillary papers taken out in Flint, Mich., do Mr. YouMANS. That was just a straight out gift because of the you know? love and a.trection your husband felt for Judge Ritter, was it? Mrs. FRANCIS. I do not know whether they were .taken out in Mrs. FRANCIS. That Is my understanding. Flint or Detroit; I do not know. Mr. YOUMANS. That is all. Mr. YoUMANS. What other lawyers did your husband have advis Mr. HoFFMAN. We have no questions. ing him about his business matters? Mr. WALSH (of counsel). I might add that I believe that Mrs. FRANciS. I cannot think of-there is one in Flint, I think; I cannot think of his name. Mr. Youmans and Mr. Tarver, the gentlemen mentioned, Mr. YouMANs. Is that a big law firm? were representing the managers on the part of the House Mrs. FRANcis. Really, I cannot answer that question. We just at that time. had one lawyer in Flint that looked after our atrairs-I mean Michi any gan affairs. The VICE PRESIDENT. Is there further testimony, Mr. YouMANS. He had. ·patent attorneys? gentlemen? Mrs. FRANCIS. No; he had patent attorneys ln Washington and in Mr. WALSH Chicago; I do not know their names. ent closes. Mr. YoUMANS. What other attorneys did he have in Florida? . Mrs. FRANCIS. I think he consulted. Shutts & Bowen on several REBUTTAL EVIDENCE ON BEHALF OF THE HOUSE MANAGERS occasions. Mr. Manager HOBBS. Ask Judge Freeland to be called, Mr. YouMANS. As a matter of fact, did they handle practically all of his business pertaining to all his large real-estate purchases? please. · Mrs. FRANciS. I do not know. DIRECT EXAMINATION OF W. L. FREELAND Mr. YouMANS. Do you know of any other attorneys he had besides W. L. Freeland, having been duly sworn, was examined Shutts & Bowen? Mrs. FRANciS. No. and testified, as follows: Mr. YoUMANS. Did he have any attorneys in Palm Beach or West By Mr. Manager HOBBS: Palm Beach? Q. Your name, please.-A. W. L. Freeland. Mrs. FRANCIS. Yes, sir; the judge. Q. You are a practicing attorney in the city of Miami, Mr. YouMANS. Besides the judge, I mean. Mrs. FRANCIS. Not to my knowledge. Fla.?-A. I am; yes, sir. Mr. YouMANS. When did Mr. Yates first become your attorney? Q. Have you ever been on the bench down there?-A. I Mrs. FRANCIS. Afte:l." the passing of Mr. Francis. have; yes, sir. I served 5% years as circuit judge. Mr. YoUMANS. Did he represent your husband in any matters at all before your husband's death? Q. Of the State court in Florida?-A. Circuit judge of the Mrs. FRANciS. I cannot answer that question, unless he did when eleventh judicial circuit of Florida. he was connected with Shutts & Bowen. Q. Judge Freeland, exclusive of the time that you were Mr. YoUMANs. Judge Ritter in his statement says Mr. Francis on the bench, how long have you been practicing law in had become entangled in legal difficulties on account of his pur chases down here, and he mentions the fact that he had a beautiful Florid.a?-A. I was admitted to practice law in Florida in home in Miami Beach at 4621 Collins Avenue. Were there any 1911, and practiced continuously from that time until the legal difficulties ln connection with that home, Mrs. Francis? -present, with the exception of a period of a year during the Mrs. FRANcis. I do not know; I do not think so; not as far as that World War and a period of 5Y years that I served as circuit particular matter was concerned. 2 Mr. YoUMANS. Do you know whether there was any mortgagage judge. on your home? Q. Are you familiar with the fees allowed in foreclosure Mrs. FRANCIS. There Is no mortgage on the home. cases in Florida ?-A. I am. Mr. YoUMANS. Was there in 1928 or 1929? Q. Judge, I will ask you if you ever heard of any such Mrs. FRANCIS. I do not think so. Mr. YoUMANs. As a matter of fact, was the advice Judge Ritter thing in a foreclosure case as a conservation fee?-A. No, gave your husband given principally when they were out riding on sir; I never have. LXXX-341 5390 PONGRESSIONAL RECORD-SENATE APRIL 13 Q. Is there any such fee allowable under the Florida prac Court that he had other witnesses that he was not putting tice, in your opinion?-A. No, sir. I have never heard of on. I do not think that is proper. any such fee in a foreclosure suit. The VICE PRESIDENT. The Senate is sitting as a jury. Q. Judge, did you hear the testimony given by Judge A. L. The Chair believes it is a jury which will not be infiuenced Rankin in this case?-A. Yes; I heard him testify. I am by statements of that kind. This jury is not young or is quite sure that I heard all of it. I may have missed some not what might be designated as "trash", so it could be small part of it. thought that it would be infiuenced by any such matter. Q. Did you hear him testify as to the service he performed Mr. ~ALSH (of counsel). I should not want to say that in the Whitehall case?-A. Yes, sir. I think 1t would be influenced. In my practice of law I try Q. Have you examined the exhibit introduced in evidence to observe every rule, and I should attempt especially to keep by the respondent listing the several hundred items of pro- every rule when I am undertaking-poor as it is-to repre cedure in that case? . sent a person in the highest Court known to the Constitution of this country. Mr. WALSH (of counsel). One minute, please. If Your Honor please, I object to any testimony upon that question Mr. Manager HOBBS. Mr. President, I wish to say to as not being proper rebuttal. The law is that they should the Court that nothing was further from my mind. It was introduce in support of their charges all the testimony they only in my mind to excuse these witnesses. have on a subject or all the testimony that they could get. The VICE PRESIDENT. Is there any further testimony They put on two witnesses, and we met them with four wit on the part of the House managers or the respondent? nesses, and we left o1I three witnesses, two of whom have been Mr. WALSH This timony. He could not put on this witness before Mr. Rankin has not been admitted in evidence before? Mr. Manager HOBBS. I do not think so. testified. Mr. WALSH (of counsel). We have no objection. Mr. WALSH (of counsel). If Your Honor please, Mr. By Mr. Manager HOBBS: Rankin testified. and so did all the witnesses, on the question Q. Judge Rankin. I ask you if this is a statement that of fees. That is a part of the case in chief. Now we meet you had prepared or prepared yourself and submitted in that by our testimony, and our testimony, I will say for the the subcommittee during the hearings?-A. To the best of purpose of this argument, might perhaps overwhelm their my recollection it is. testimony. They cannot, when they close their case and we . Mr. Manager HOBBS. We offer this in evidence and ask close ours, put in testimony of like character as they put in that it be given the appropriate exhibit number. directly. It would be a manifest injustice to this respondent The VICE PRESIDENT. Does the manager desire it to to do so, and it would be a violation of the order and rule of be read at this time? procedure in every court, State and Federal, that I know Mr. WALSH (of ~ounseD. One moment, if Your Honor anything of in the United States. please. I object to that for the same reason heretofore Mr. Manager HOBBS. May it please the Court. we take given. The manager examined this witness on the topic; he the position that this is an expert, qualified under the rules put him on as his own witness, and went into the entire of evidence to give testimony upon this subject, provided he question as to what was taken in and what they had in has knowledge of the matters about which he is giving hypo fees, and all about it. Now he cannot add to it after we have thetical testihlony. Until he heard the evidence, both in closed our case. · behalf of the House and in behalf of the respondent, he The VICE PRESIDENT. The Chair thinks the witness would not be fully advised as to these matters sufficiently could identify the paper, if there is any objection to the to give him a standing to testify upon a hypothetical case. paper being put in. Mr. WALSH (of counsel). One minute. Mr. Davis was Mr. WALSH . I object to the introduction an expert. Judge Akerman was an expert. Every witness of the paper. we put upon the stand was an expert on that subject. Is The VICE PRESIDENT. Does the counsel object be it now contended by counsel on the other side that after the cause it has not been put in before? case is closed and, perchance, now we have allowed our wit Mr. WALSH (of counsel). I object on account of the nesses to go, content with the showing made by you and the fact that it is not rebuttal; that the manager introduced showing made by us, that you can again reopen that ques evidence that lasted more than a day on the very subject tion at the close of the case and put in testimony of another that he now wishes to offer something else. expert or more experts as to fees? I submit that is highly Mr. Manager HOBBS. May it please the Court, just one improper, and it would be very unjust to the respondent. statement. I challenge the statement that the witness was The VICE PRESIDENT. The Chair thinks the objection examined about anything even remotely related to this mat is well taken. You should have put the witness on the stand ter on direct examination. at the proper time in the case. The VICE PRESIDENT. The Chair is going to admit the Mr. Manager HOBBS. All right, sir. paper. Judge Chillingworth, Mr. Paul D. Barnes. Mr. William L. (The paper was admitted in evidence and marked "Man- :Freeland, Mr. H. H. Eyles, and Mr. Marshall F. Sanders will agers' Exhibit A-31.") be excused. Mr. WALSH (of counsel). May I have that document? Mr. WALSH . Mr. President. I should not (The paper was handed to Mr. Walsh. of counsel.) want to characterize that statement. but I hope the gentle Mr. Manager HOBBS. With the permission of the Pre man did not put that in with the idea of suggesting to the siding omcer, I read this exhibit now. 1936 (JONGRESSIONAL ~ECORD-SENATE 5391 MANAGERS' ExHmiT A-31 MANAGERS' Ex:mBIT A-32-Contlnued Collected fees bv A. L. Rankin from cases pending when H. L. Statement of fees collected and divided on cases pending at the Ri tter retired Feb. 25, 1929, and not reserved by H. L. Ritter time of dissolution of the firm of Ritter and Rankin, which were not included in the sale of Halsted L. Ritter's interest in the firm-Continued Uncollected Fee col- but pend- 2. C. Leo Lutz vs. Gordon Thorne-Continued. Case Style Fee paid by- no. lected ing and Distribution: conditional Check of Dr. BlieL ______$1, 678. 67 Check to Halsted L. Ritter______209. 00 Retained by Rankin------~------210. 65 7357 S. E. N ichols v. Frank H. Frank H. Brown__ $300.00 3. Ernistine Natusek vs. Palm Beach Bank and Trust Brown et al. Company (and/ or) Orel J. Myers, receiver. 231 H ighsmith v. Okeechobee Co ____ ByGeo. ------$500 addi- Coleman $97. 50 tional to Ernistine Natusek act ing for Frederick Bliel; suit was By High- be paid brought in name of Natusek. smith ___ 202.50 when Fee was based on 20 % of amount recovered from -- 300.00 judgment closing bank, and divided equally. collected. Amount collected------$25, 922. 38 4271 Briar Holding Co. et al. v. By Fred. Bleil, 1, 225. ()() Distribution: Palm B each Bank ~ '!'rust officer Briar Co. Bldg. Frederick BlieL------$20, 402. 37 4052 Con.st4nce Birchard v. Flmida By plaintiff ______62.50 Halsted L. Ritter______2, 590.90 Power &: Light Co. Retained by Rankin for fee and ex- In re Thomas M. Campbell, By Baker Camp- 150.00 penses------2,929.11 deceased. bell. 6346 Palm Beach AUapattah Co., By Howard CoJe, 250. 00 By Mr. Manager HOBBS: Inc., v. AUapattah Land Co., one of defend- et al. ants. Q. Judge Rankin, I will ask you to look at this statement, which shows a list of the law library and equipment of To be paid when Allapattah case finished. (Con------$3, 250.00 tingent if case is won.) H. L. Ritter, at the time the partnership began, and ask Total contingent in Allapattah case------3, 500.00 you if you caused that to be made and filed in the hearings 2, 287. 50 6, 750. ()() at Miami ?-A. (After examining document.) To the best of my recollection, I did. By Mr. Manager HOBBS: Mr. Manager HOBBS. We offer that in evidence, and Q. Judge Rankin, I will ask you if you did not testify, ask that it be given an appropnate number. when giving your testimony before the committee at Miami, (The statement was admitted in evidence and marked in answer to this question by Mr. SUMNERS: "Managers' Exhibit A-33.") Mr. Rankin. there were other cases that you testified with ref By Mr. Manager HOBBS: erence to, pending on your docket, but I understand from the Q. I will ask you to look at this list headed "List of statement made that with reference to the other cases 'they were library and equipment of A. L. Rankin, at the time the either insignificant in the amount of fees expected, or they had already been paid and distributed between you and Judge Ritter? partnership bega.n", and state if that statement was made by you and filed with the subcommittee at the hearings in And if you did not answer, '•Tilat is right?"-A. As I Miami.-A. (After examining document.> It was caused to recall it, I did. be made. · Q. I will ask you to look at this statement, Judge Rankin, Q. Did you submit it in your evidence at the hearings? and ask if you filed that in_the hearing before the subcom A. It is fairly correct. mittee at Miami, or had it done? Mr. Manager HOBBS. I show it to opposing counsel and (The paper was handed to the witness, who ex-amined it.) ask that it be admitted in evidence and given an appropriate Mr. Manager HOBBS. Please show it to counsel for the number. respondent. · The PRESIDENT pro tempore. It may be received and (The paper was handed to Mr. Walsh, of counsel, who numbered. examined it.) . I object to this offer for two A. If it says so in the record, I certainly testified to that. reasons: First, there is no charge or specification laid in - Q. Does it say so in the record? I hand you the record. A. (After examining the record.> Yes. any of the seven articles with respect to this. The second reason is that if there had been, the managers had their op Q. That is it on page 276?-A. Yes. portunity to introduce it in their case in chief. Mr. Manager HOBBS. We offer in evidence this list of .· law library books and ask that it be given an exhibit The PRESIDENT pro tempore. What do the managers number. say to that? . I withdraw the objection, Mr. Law books: Cook on Corporations; Carson's Florida Common President. I forgot that. Go right ahead and introduce it. Law Pleading; General Laws of Florida, 1921, 1923, 1925; Jones on Mr. Manager HOBBS. We introduce those three certifi . Legal Forms; Mills' Annotated Code, 1925; Revised General Stat utes of Florida, 1920; Mills' Annotated Statutes, ·1891-96; Florida cates, and ask that they be given appropriate numbers. State Reports, values 1 to 22; Southern Reporter, volumes 1 to 60; The PRESIDENT pro tempore. It is so ordered. American Decisions, American Reports, and American State Re (Stock certificate no. 6 was marked "Managers' Exhibit ports; Lawyers' Reports Annotated, 100 volumes; Cyclopedia of Law and Procedure, 50 volumes; United States Supreme Court A-37", the stock certificate no. 7 was marked "Managers' Ex Reports; Cyclopedia of Pleading and Practice, 23 volumes;· Purdy's hibit A-38", and the stock certificate no. 8 was marked "Man Beach on Corporations, 3 volumes; Cyclopedia of Words and agers' Exhibit A-39." Phrases, 8 volumes; Cyclopedia of Evidence, 19 volumes; Ruling · Case Law, 28 volumes; A. L. R., volumes 1 to 83. Mr. Manager HOBBS. These certi:flcates are numbered. Equipm_ent: 5 desks, davenport, book cabinets, stationery cab respectively, 6, 7, and 8. They are signed by Judge Ritter inet, chairs, and typewriter. as vice president, and two out of the three are signed by By Mr. Manager HOBBS: A. L. Rankin as secretary. They are dated October 26, 1929. Q. Judge Rankin, I will ask you to look at this income-tax and they are issued to H. L. Ritter for 50 shares, 25 shares. return of yours for 1931 and see if this is a true and correct and 25 shares, respectively. The first one is marked across copy, according to your recollection and best judgment, of its face "Canceled." the return you made for the calendar year 1931 for income )3y Mr. Manager HOBBS: tax purposes.-A. (After examining document.> Yes. Q. Judge Rankin, I show you the minutes of special meeting Q. Judge, I will ask you to look at this, please, and see of the stockholders and the directors of Palm Beach Bus how much you listed there, 2 years after the dissolution of Service, Inc., held on the 17th day of February A. D. 1930 and the partnership, as expended by you for law books. ask you if you signed those minutes as secretary? . Mr. WALSH (of counsel>. I object to that as incompetent, (The paper was handed to the witness who examined itJ irrelevant, and immaterial, and being in no way binding A. Yes. upon the respondent. Mr. Manager HOBBS. I show the document to opposing The PRESIDENT pro tempore. The Chair thinks all this counsel. [After counsel had examilied same.] I introduce testimony has ·gone in on bo~h sides as to the value of the this paper in evidence and ask that it be given the appropriate partnership assets. The objection is overruled. exhibit number. A. (After examining document further.) I do not see any (The document was marked "Managers' Exhibit A-40.") · item on there. Mr. Manager HOBBS. I read as follows: By Mr. Manager HOBBS: MANAGERS' ExHIBIT A-40 Q. Judge, you listed in 1931 "Books for library, $1,375", MIN'U'l'ES OF SPECIAL MEETING OF STOCKHOLDERS AND DIRECTOXS OF did you not, as expended in 1931 ?-A. Expended in 1931? PALM BEACH BUS SERVICE, INC., HELD ON THE 17TH DAY OF FEBRUARY Q. Yes, sir.-A. No. If that is on there that way, I did A. D. 1930 not intend it. A special joint meeting of the stockholders and directors of Palm Q. You have here "Explanation of deductions claimed on Beach Bus Service, Inc., pursuant to call of the president, was held at 812 Comeau Building, West Palm Beach, Florida, at eleven lines 5 and 16, "Rent and light, telephone", and so on, o'clock a. m., on the 17th day of February, A. D. 1930. "Books for library, "$1,375."-A. Well, I did not pay any There were present at said meeting V. S. Mulford, president o! thing like that, and I misunderstood it if it is on there. Mulford Realty Company, which corporation is the owner o! one hundred and fifty (150) shares out of the two hundred (200) shares Q. In the 1930 return you showed over $700 expended in of capital stock of said corporation, the remaining fifty (50) shares the same way, did you not?-A. If that statement shows being held by H. L. Ritter and A. L. Rankin. A. L. Rankin was that, I did not understand it at the time. I left it.- present in person at said meeting and represented H. L. Ritter by 1936 CONGRESSIONAL RECORD-SENATE 5393 proxy, both as stockholder and director. All of the stockholders The VICE PRESIDENT. Eighty-two Senators have an and directors being present or represented by proxy. swered to their names. A quorum is present. What is the Mr. V. s. Mulford stated at the meeting that his business was such that practically all of his time was required in New York,' and pleasure of the managers on the part of the House or counsel that he could give no time to the affairs of the Palm Beach Bus for the respondent? Service, Inc., and for th!s reason his resignation as president was (At this point, on request of Mr. RoBINSON, and by unani tendered. Upon motion to be made and carried, Mr. Mulford's resignation as president was accepted. Mr. Mulford then put in mous consent, the Senate, sitting for the trial of the articles nomination the name of Judge H. L. Ritter for president, which of impeachment, suspended its session in order to receive a nomination was seconded, and on motion duly made and carried message from the House of Representatives, by Mr. Haltiga~ he was elected president. A. L. Rankin then put in the resignation of H. L. Ritter as vice one of its reading clerks. The message having been received, president of the corporation, and on motion duly made and sec and noted elsewhere in the RECORD of today's legislative pro onded his resignation as vice president was accepted. ceedings, on motion of Mr. RoBINSON, the Senate resumed Mr. Mulford then stated at the meeting that he had sold one its session sitting. for the trial of the articles of impeach share of stock to J. Lamar Webb, of Palm Beach, Florida, and was now transferring this share of stock to him; -and that he would put ment.) in nomination Mr. J. Lamar Webb for vice president of the corpo Mr. ASHURST. Mr. President, I inquire if all the testi ration. This nomination was seconded. and upon motion duly mony has been adduced? made and carried Mr. J. Lamar Webb was elected vice president of the corporation. The VICE PRESIDENT. The present occupant of the Upon motion duly made and carried J. Lamar Webb was also chair was not in the chair when the Court took a recess. Is made a director of the corporation. the evidence eoncluded in the case, gentlemen? Upon motion duly made and carried the president and secretary Mr. WALSH (of counseD. It is on behalf of the respond of the corporation were authorized and directed to execute to Mulford Realty Company the corporation's note for $2,635 for ent, except for a few questions to ask the witness, who was moneys borrowed from the Mulford Realty Company to be used on the stand at the time of taking a recess. in the purchase of new busses for the corporation. and as securtty Mr. Manager HOBBS. We have two more exhibits to for said note and said indebtedness to execute a mortgage to Mul ford Realty Company on the property owned by the corporation 1:f offer. required by it. The VICE PRESIDENT. Let the witness resume the There being no further business the meeting adjourned. stand. (Signed) A. L. RANKIN, FURTHER CROSS-EXAMINATION OJ' A. L. RANKIN Secretary. Approved. By Mr. WALSH the Senate, spondent's Exhibit No. 48.) By Mr. WALSH (of counsel): sitting for the trial of the articles of impeachment, took a Q. I ·will ask you if it is not a fact that Mr. Mulherin, to recess until 2 o'clock and 15 minutes p. m., at which time it reassembled. whom you gave this statement, testified before the same committee and stated, among other things: Mr. ROBINSON. I suggest the absence of a quorum. The VICE PRESIDENT. The clerk will call the Mr. MULHERIN. On November 3, 1933, A. L. Rankin furnished roll. me with a list of cases which he stated were those pend1ng at the The Chief Clerk called the roll, and the following Senators time of the dissolution of the partnership of Ritter & Rankin. answered to their names: This list included 41 cases, 3 of which were later stated by Mr. Adams Clark Johnson Pope Rankin to have been concluded before the dissolution of the AshUrst Connally Keyes Radcillfe partnership. Austin Coolidge King Reynolds Bachman Copeland La Follette Robinson Is that correct?-A. As I recall it, it is correct. Bailey Couzens Logan Schwellenbach Q. I will ask you if the following was not also stated by Barbour Davis Lonergan Sheppard Mr. Mulherin, representing the House committee, referring Barkley Donahey Long Shipstead Benson Duffy McAdoo Smith to this list that they had just uffered in evidence: Bilbo Fletcher McGUI Steiwer That is signed by A. L. Rankin 1n my presence on December 6, Bone Frazier McKellar Thomas, Okla. Borah George McNary Thomas, Utab 1933. Brown Gerry Maloney Townsend A. L. Rankin stated that the $3,950 in fees shown by the state Bulkley Gibson Metcalf Truman ment just furnished you is not the whole of moneys received by Bulow Glass Minton Vandenberg him from clients brought to him b"y Judge Ritter but was all he Burke Guffey Murphy VanNuys could recall at the time of the preparation of the list. Byrd Hale Murray Wagner Byrnes Harrison Norris Walsh Is that correct?-A. That is correct. Capper Hastings Nye Wheeler Q. Did you examine this long list that was introduced here Caraway Hatch O'Mahoney White Carey Hayden Overton while Mr. Salisbury was on the witness stand?-A. I ex Chavez Holt Pittman amined it. 5394 CONGRESSIONAL RECORD-SENATE APRIL 13 . Q. And did you help in the preparation of it?-A. I did. I will ask you whether or not those were the moneys re · Q. Did you give all the information that you could give ceived at the time of the dissolution in cases which had been as to the amounts received when this was gotten -ap?-A. I fully tried, and in which there was nothing to do but collect gave all that I could give. the fees. Look at that. If that is not correct, state what it Q. Were they checked off by Mr. Salisbury and the ac is. Is that anything more than the Matusek case?-A. This countant?-A. They were. is correct, so far as my record shows. Q. I will ask you just one question about this. This has all Mr. HOFFMAN. Mr. President, we ·note that respondent's been introduced except the bottom :figures. The bottom fig exhibit 47 has not been printed in full in the RECORD. We ures are: ask that that be done. H. L. Ritter received $2,899.90. . There being· no objection, respondent's exhibit 47 was A. L. Rankin received $2,999.01. ordered to be printed in the RECORD, as follows:
RESPONDENT'S EXB1BIT 47 List of clients oftMfirm of RieUr~ Rankin at the time of dusolution of the partnership Feb.15, 19£9, casu pendin(l or in prO(Irus at tht time, as well as work done subsequent · to dusolution for clients brcnt,ght. into the firm bv Ritttr durin(l the time he was a partmr in the firm.
Date filed or appeared Style of ca.c;e Representing Amount Court no. Nature involved
11- -28 (0. K., 1. W. 8.) Indianapolu Life Im. Co. vs. CheTT11------*Plaintiff______Mortgage foreclosure ($300 $3, 700. 00 less costs). 7672------···---- • 3-~29 (0. K., 1. W. 8.) Indianapolis Life Im. Co. vs. Alma Gatu______*Plainti1L ______•• ($300 3, 500. ()() I~ costs). (0. K., 1. W. 8.) Indianapolis Lift Im. Co. vs. E. A. Coates______*Plaintlf.L ______($200) ------ (0. K., 1. W. S.) Indianapolu Life Im. Co. vs. Hutson.------*Plaintifl' ______($200) ------ 7'457 -----·-··--·---- 1-23-29 (0. K., 1. W. 8.) Indianapolis Life lm. Co. vs. H. J. Jurv------*Plaintiff______($300 I 4, 888. 58 less costs). • 4-12-29 (0. K., 1. W. S.) Lanfranchi, Inc. vs. Luckenbach ______*Plaintifl'______Collection open account_____ 2, 000. 00 5551.------La1~anchi, Inc. vs. Lonu ~Baker ______7300._ ------11-23-28 (0. K., 1. w. 8.) *Plaintiff..______Quiet title______3, 960.00 10928 (Dade) ••••••• • &- 1-28 (0. K., 1. W. 8.) 0. . Mvers, Receiver, vs. Lockhart~ Stapper ______*Defendant______Promissory note ______75,000.00 ·~~~}2 caseg______12-17-28 (0. K., 1. W. 8.) Ntehols vs. Brown------*Defendant______------12,500.00 4777------• 4-23-28 (0. K., 1. W. 8.) Real Estate Bld(l., inc. vs. Stiles C. HaU (judgment ob- *Plaintifl'______Stock subscription ($187) ___ _ 1,000.00 tained 1-15-29, collected 4-17-29). 1. P. Court______• 3- 5-29 (0. K., 1. W. S.) Webb vs. Noel. ______------·------*Defendant______Claim______96.40 3295 ______------*12-14-26 (0. K., 1. W. S.) Wealherbv vs. Clavton ______*Plaintifl'______Recovery bank deposits_____ 1, 572. 66 297 (Martin) ______3-31-28 (0. K., 1. W. S.) Tucker vs. Tavlor --·------ *Plaintiff______Damages______1, 800.00 5240.------12- 3-28 (0. K., 1. W. S.) Tucker vs. Adduon, Mizmr, ~ Paris Si11(1er ------*Plaintiff______Recovery payment land 6, 500. 00 5241 ______contract. 12- 3-28 (0. K., 1. W. 8.) Thomas vs. Addison, Mizmr, ~Paris Si11(1er ------*Plaintiff______Recovery payment land 45,000.00 contract. 5384.------2- 8-29 (0. K., 1. W. S.) Stint vs. Bemton ______~------*Defendant...... Contract damages ______12,000.00 7376 ______-- 12-22-28 (0. K., 1. W. S.) Smith vs. Smith_------*Plaintiff______Divorce. ____ ------_ 4846.------• 5- 9-28 (0. K., 1. W. S.) RiUfT vs. Manni11(1 (for client) ______*Plaintiff______Damages______3, 71-3.00 4776_------4-23-28 (0. K., 1. W. 8.) Real Estate Bld(l., Inc. vs. Cohen------*Plaintiff..______Stock subscription______3, 750.00 ~~i~}2 ~es------1o-29-27 (0. K., 1. W. 8.) Pieru ~ SUvemon vs. N.J., Florida Land Co ______*Defendant.------Commission______23,996.55 (0. K., 1. W. Palm Beach Co. vs. Benston ______70966346 ..______------_ 1- 7-29 S.) *Defendant._.---- Mortgage foreclosure.------1, 980. 00 2-~28 (0. K., 1. W. 8.) Palm Beach Allapatah Co. vs. Allapatah Land Co., *Defendant. ______Equity suit______183,000.00 Howard Cole ~ Faith B. Cole. 546() ______- *3- 8-29 (0. K., 1. W. S.) Noel vs. J. B. McDonald Co ______*Plaintiff______Commission______1, 500.00 *1928 (0. K., 1. W. 8.) Palms Ice Co. Matter (office client)------Owner ______Sale of plant and dissolution corporation ($800). *Plaintiff______•co. ct ______3-25-29 (0. K., 1. W. 8.) Malcolm vs. Pace.------Claim ($50) __ ------200.00 1- 9-29 (0. K., 1. W. S.) *Defendant._----- Contract (Judg. $191.73) ____ _ 1,000.00 4555~ ------JohmonLinderman vs. vs.Jett_ Duncan.------______*Plaintiff ______Damages______*4446 ____ ------1- 4-28 (0. K., 1. W. S.) Damages______5,000.00 1- 4-28 (0. K., 1. W. S.) *Plaintiff______•4445. ------Roberson vs. Jett. _------ *Plaintiff.. ______5,000.00 5533------4- 1-28 (0. K., 1. W. S.) Hoo~~tr vs. Eckler------ Damages ______------___ _ 800.00 231 (Okeechobee) __ _ 5-14-27 (0. K., 1. W. S.) Highsmith vs. Okuclwbu Co. (this fee was $2,500, Geo. *Plaintifl' ______-· Collection judgment ($500 10,000. ()() Coleman sharing 50%). or $600). 5355.------1-23-29 (0. K., 1. W. 8.) Fernandez vs. Addison Mizner ~ Paris Singer------*Plaintifl'______Recover amount paid land 6, 500. 00 contract. *799 (Indian River)_ 5-15-28 (0. K., 1. W. 8.) Gulf Stream In11utment Co. vs. Harman, d aL ______*Defendant ______Mortgage foreclosure ______------3- 8-29 (0. K., 1; W. 8.) Phil Fosur vs. L. Somos______*Plaintiff______Distress rent ($75?)______700.00 *5620. ------ InuaUs Iron Works vs. Vonbthren d at______*Defendant______Damages______8, 000. 00 . *46375239 ------______4- 2-28 (0. K., 1. W. 8.) 12- 3-28 (0. K., 1. W. 8.) Daui3 vs. Addison Mizmr and Paru Singer __ ------*Plaintiff______Recover amount paid land 65, 000. 00 contract. 5354______1-23-29 (0. K., 1. W. S.) Calhoun vs. Addison Mizmr and Paris Singer______*Plainti1f..______Recover amount paid land 3, 500.00 contract. 7233______1G--24-28 (0. K., 1. W. S.) Central Farmers Trust Co. vs. Mortuaue Finance Co ______*Plaintiff______Bill for receiver______(1) *4271.------5-19-28 (0. K., 1. W. 8.) Bovnton Finance Co. vs. Grun ______*Plaintiff______Mortgage foreclosure (later 3, 500.00 dismissed). 8-1&-27 (0. K., 1. W. S.) Birchard vs. Florida Power ~ Light Co______*Plaintiff..______Damages______2, 500.00 *5830______10... 4-29 (0. K., 1. W. S.) Bemton vs. Lake View Co______*Plaintiff______Damages (interest in land)__ 6, 000.00 •u. s. Ct______7-18-28 (0. K., 1. W. S.) Ernst ~Ernst vs. Pint Wood De~~elopment Co ______*Plaintiff______Claim______7, 127.72 *5848______7-29-29 (0. K., 1. W. S.) John J. Hamon vs. Montuomerv------*Plaintiff______CiviL------1, 866.50 *84276525 LCh______} 1927 .lf.Kr(l=-· l a des ""lub...,, vs. A . Sh erman D owm______*De'endant,, ------\[Mortgage amt. on notes).foreclosure ($200 }50 ' 000 . 00 *9-2o-28 (0. K., 1. W. S.) Smith McDonald Ins. Co., Claim______*Plaintiff______Adjustment (Ins. Co.)______2, 257.38 *1929 ~0. K., 1. W. 8.) Smith McDonald, Repairs ______•owner ______Repair building______850.00 2-14-29 0. K., 1. W. S.) .Moorman vs. Smart______*Plaintiff______Collection notes______6, 000.00 *7777 ------4-29-29 0. K., 1. W. S.) .Oldhann vs. Weatherby __ ------Defendant.------Accounting ______------· 6887 ---·------Out.______Worth Aile. Corp. vs. H. Gordon.------*Plaintiff __ ------Rent claim ______------__ • 4-22-29 (0. K., 1. W. S.) Thomas Amorv vs. W. C. Rhoda______*Plaintiff.------Damages______450.00 • 1928 (0. K., 1. W. 8.) McCrav Refriuerator Satu______*Plaintiff ______Collection retain ($50) title ------note. · 4271..------'------8-1G--27 (0. K., 1. W. 8.) Bridr Holdi11(1 Co. vs. Palm Beach Bank~ Trust ______*Piaintifl' ______Recover bank deposits.. ••••• 14,283.76 &-11-28 (0. K., 1. W. 8.) Keller vs. Tucker______*Defendant______Damages.------2, 000.00
ADDmONA.L FEES NOT LTSTED ABOVE, EARNED AND COLLECTED SUBSEQUENT TO FE1l •. 15, 1929
•Jessup, Inc______------_ •watt-Sinclair, Inc______------______----__ ------______------______•w orth A venue Corporation______------(0. K., 1. W. S. They •worth Avenue Investment Co ______------were clients of the office.) *Mulford Realty Corporation ______------*J no. J. Hanson•. __ ------*Michael J. Jennings______------*Lan!ranchie & Allied corporations______------
I Final decree. I Trust deed. • Ritter brought into firm. 1936 _CONGRESSIONAL RECORD-SENATE 5395 RESPONDENT'S EXHIBIT 47-Continued. List of clitn.U of the firm of Ritter & Rankin at the time of dil!solution of the partnership Feb. 15, 19!9, casu pending or in proqrua at tltat time, 111 well as work done subsegue"' ro dissoLution [or clients br0t£(1ht into the firm bu Ritter during the time he was a partner in the firm-Continued ¥RES ALREADY EARNED AND DIVIDED ON CASES IN OFFICE AT TDlE OF DISSOLUTION Date filed Court no. or ap Style of case Representing Involved !ill~~ peared
7270 •------11-17-28 Indianapolis Life Ins. Co. vs. H. J. l8Tael et aL ------Mortgage foreclosure______$3,500.00 $100. 00 1m •------11-~28 IndianapolU Life Im. Co. vs Sum/Line Construction Co______" " ------~----- 3, 605.00 200. 00 4271•------1-21-27 Ernestine Matusek vs. Palm Beach Bank ~ Trust Co______Recovery bank deposits______25,922.38 5, 181.81 3551•------2-28-28 C. Leo Lutz vs. Gordon Thorne------Collection of judgmenL------2, 098.32 418.00 TotaL_------___ ------_ ------_------5, 899. 81 H. L. Ritter received------$2,899.90 A. L. Rankin received------2, 999. 91
a 0. K. in office. Mr. REYNOLDS. Mr. President, I submit a question. The VICE PRESIDENT. The Senator w111 have to pro The VICE PRESIDENT. The Senator from North Caro pound his inquiry in writing. The rules require all inquiries lina propounds a question which will be read by the clerk. by Senators to be propounded in writing. The Chief Clerk read the question propounded by Mr. Mr. McADOO. Mr. President, I ask that the question be REYNOLDS, as follows: again read by the clerk, because it is a simple question, and Did you at any time infer, suggest, or request support of you can be answered. as district judge of Alabama. to succeed Judge Clayton? The VICE PRESIDENT. The clerk will again read the A. Read the question again. question. The Chief Clerk re-read the question. The Chief Clerk again read the question propounded by Mr. REYNOLDS. Mr. President, you will notice the ques Mr. McADoo, as follows: tion says "Judge Ritter,s support." How long had you resided in Florida. before you sought appoint The VICE PRESIDENT. The clerk will again read the ment as district Judge in Alabama? question, and the witness will answer it. A. W ~ll, I do not just know how to answer the question. The Chief Clerk again read the question propounded by The question of residence is a very broad question-where Mr. REYNOLDS, as follows: you reside-but I had been in Florida, I had been living in Did you at any time Infer, suggest, or request Judge Ritter's Florida, about 4 years, to the best of my recollection. support of you as district judge of Alabama to succeed Judge By Mr. WALSH (of counsel): Clayton? Q. I wish you would look at the case at the top of the A. I did. second page of ·respondent's exhibit no. 47, and state Mr. LA FOLLETI'E. Mr. President, I submit two ques whether or not you recall that case as being in your office tions which I desire to propound to the witne~. at the time of the dissolution.-A. (After examining docu The VICE PRESIDENT. The Senator from Wisconsin ment). Yes; I recall that case. submits two questions which will be read by the clerk. Q. Has that case ever been brought to a :final close; and The Chief Clerk read the first question propounded by if so; when?-A. Yes; it has, some 3 or 4 months ago. Mr. LA FoLLETTE, as follows: Q. I see that case is entitled "Palm Beach Allapatah Co. How many cases have you had in Judge Ritter's court? against Allapatah Land Co.", and the amount involved is quite a large amount. Did you have any guarantor on that A. I do not recall the exact number; but not very many. fee?-A. That was a case- The Chief Clerk read the next question propounded by Q. Can you answer? Did you have a guarantor for that Mr. LA FOLLETTE, as follows: fee? Did any person guarantee the payment of it?-A. Yes; Were you ever allowed any fees by Judge Ritter other than Howard Cole. those you received in connection with the Whlteha.Il case? Q. Where does Howard Cole live?-A. He was one of the A. As I recall, two or three small fees for acting as spe defendants. · cial master. Q. Where does he live?-A. He lived in New York. Mr. McADOO. Mr. President, I submit a question. Q. Was ·he a man of means at that time, so far as you The VICE PRESIDENT. The Senator from California know, and is he now?-A. Well, he had, and I understand he propounds a question, which the clerk will read. still has, large property holdings. The Chief Clerk read the question propounded by Mr. Q. How much is the fee in that case?-A. The original fee McADoo, as follows: was $7,000 if we won and $3,500 if we lost. How long had you resided in Florida. before you sought appoint Q. Did you win or lose?-A. We won it. ment as district judge in Alabama? Mr. WALSH (of counsel). I think that is all. A. I do not recall; but I maintained my citizenship in The VICE PRESIDENT. Are there any other questions? Alabama, paid taxes, had property there, and I voted there, Mr. Manager HOBBS. Yes, sir. and was voting there at the time that·! filed that application. FUltTitER REDIRECT EXAMINATION Mr. McADOO. Mr. President, I should like an answer to By Mr. Manager HOBBS: the question I submitted. Q. Judge Rankin, why did you, on September 1, 1926, make The VICE PRESIDENT. The Senator from California a residence affidavit for the purpose of registering as a quali does not think the witness has fully answered the question. fied voter in precinct 12, West Palm· Beach, Fla., if you con Mr. McADOO. No; he has not. He does not tell how sidered yourself still a resident of Alabama?-A. Well, I did long he had resided in Florida before he sought the judge that. ship in Alabama. Q. And you voted down there, did you not?-A. My recol The VICE PRESIDENT. The clerk will again read the lection is that I never voted in Florida. question, and the witness will answer it more fully if he can. Q. But you renewed your registration, did you not ?-A. I (The written question propounded by Mr. McADoo was did register there, and then, after I registered there, I changed handed to the witness, who examined it.) my mind about it and decided, on account of all my property The WITNESS. I had been in Florida, practicing law in interests in Alabama, that I would maintain my voting place Florida, as I recall it, about 4 years. in Alabama. Mr. McADOO. The question is how long he had resided Q. And your registration has been renewed from that good there. hour to this, has it not?-A. It has been what? 5396 CONGRESSIONAL RECORD-SENATE APRIL 13 Q. Renewed in Florida?-A. No; I reregistered. Mr. CLARK. Mr. President, I desire to submit a question. Q. I say, you reregistered every 2 years, did you not?-Yes. The VICE PRESIDENT. The clerk will read the question. No; I do not recall that I reregistered every 2 years, but I The Chief Clerk read the question propounded by Mr. have reregistered there. CLARK, as follows: Q. And you registered your wife; you took her with you and Had you not been discharged as attorney for the complainant of registered her on May 19, 1928, did you not?-A. I believe record? that I did, or she did. A. I did not consider that I had, for the reason that he Mr. McGILL. Mr. President, I send forward several ques had sworn in court, or made the statement in court, that he tions. had transferred and assigned, or deposited all of his bonds The VICE PRESIDENT. The Senator from Kansas pro with the bondholders' committee, and therefore he had no pounds several questions which will be read by the clerk. power or control over the litigation. I so considered. The Chief Clerk read the first question propounded by Mr. Mr. SCHWELLENBACH. Mr. President, I desire to pro McGILL, as follows: _pound a question. Were you ever admitted to the practice of law in Florida? The VICE PRESIDENT. -The clerk will read the question. A. Yes. The Chief Clerk read the question propounded by Mr. The Chief Clerk read the next question propounded by Mr.- SCHWELLENBACH, as follOWS: McGILL, as follows: Just what does a client have to do to discharge you as his lawyer? When were you so admitted, if you were admitted? A. I was admitted in 1926. A. He has to have control and authority over the suit. The Chief Clerk read the next question propounded by Mr. Mr. BACHMAN. Mr. President, I submit a question to be McGILL, as follows: propounded. · The VICE PRESIDENT. The clerk will read the question. In order to be licensed to practice law in Florida, did you have to be a citizen of that State? The Chief Clerk read the question propounded by Mr. BACHMAN, as follows: A. I believe so. As an appllcant for the district judgeship in Alabama to succeed Mr. DAVIS. Mr. President, I submit a question. . Judge Clayton, did you approach Judge Ritter for his support, or The VICE PRESIDENT. The Senator from Pennsylvania did he suggest the. application to you? When and where were con propounds an inquiry, which will be read by the clerk. ferences between you and Judge Ritter held as to this application, The Chief Clerk read the question propounded by Mr. and what was their tenor? DAVIS, as follows: A. As I remember, Judge Ritter did not suggest or request · You testified that as master in Judge Ritter's court you were or had nothing to do with ·my filing an application. I ap allowed a few small fees. What do you call small fees? proached him one day in Miami and told him that I either A. Well, as I recall it, I was paid $500 in two or three cases, had or would file my application, .and asked him if he would and then-now, I remember another case. Shall I proceed? write me a letter of recommendation, and he said he would. The VICE PRESIDENT. The clerk will reread the ques I do not recall that I had any conversation with him other tion. than that over the matter. - The Chief Clerk again read the question propounded by Mr. CLARK. Mr. President, I desire to submit another question. Mr. DAVIS, as follows: The VICE PRESIDENT. The clerk will read the question. You testified that as master in Judge Ritter's court you were allowed a few small fees. What do you call small fees? The Chief Clerk read the question propounded by Mr. CLARK, as follows: A. Well, I call $500 a small fee. Did you file an amended bill in the . name of Holland some 2 , By Mr. WALSH (of counsel): . months after Holland had discharged you as his attorney? Q. What was the one you say you remember? Did you A. I think the record shows that I did. remember another one? I thought you said, in answer the to Mr. KING. PreSident, I suggest several questions to question of a Member of the Court, that you remembered -Mr. be asked of the witness. . another.-A. Yes. I ruid overlooked being special master in The VICE PRESIDENT. The clerk will read the questions. the Comeau foreclosure. _ In that suit I was appointed special The Chief Clerk read the questions propounded by Mr. master to hear the testimony and make finding of both law ·KING, as follows: and fact, and in that case, to the best of my recollection, I mething like four or five thousand dollars. Did you represent all the first-mortgage bondholders through the have drawn So bondholders' committee. Mr. WALSH. Mr. President, I desire to submit a question. The VICE PRESIDENT. The clerk will read the question A. I did not. propounded by the Senator from Massachusetts. Were all the bondholders represented by the bondholders' com- The Chief Clerk read the question propounded by Mr. mittee? WALSH, as follows: A. As I recall it, there were about 90 to 93 percent. When you signed the final agreement that led to the decree for Did the bondholders regard you as their attorney, and did you final attorney's fees as "A. L. Rankin, attorney for complainants regard yourself as their attorney? and interveners", what complainants and interveners did you rep- A. I did not regard myself ·as their attorney, At the same resent? Name them all. time, I felt that if the bondholders' committee wanted this A. I represented the complainants that were named; I do suit dismissed, they would give me instructions to dismiss it. not recall just now the complainants named in the bill of Mr. ADAMS. Mr. President, I send two questions to the complaint and the interveners. desk to be asked of the witness. Mr. WALSH. Mr. President, I should like to have the ques- The VICE PRESIDENT. The clerk will read the questions. tion answered. The Chief Clerk read the questions propounded by Mr. The VICE PRESIDENT. Read the latter part of the ques- .ADAMs, as follows: tion. The witness may wish to answer it further. were you employed as attorney by the bondholders' committee The Chief Clerk read the latter part of the question pro- I to which you say Holland had transferred his int~rests? pounded by Mr. WALSH, as follows: · A. I was not. What complainants and interveners did you represent? Name If not, how did you continue to appear as attorney for either them all. Holland or the committee? A. May I see the bill of complaint? A. I was not employed by Holland. . Mr. Mulherin, be sworn. If not, how did you continue to appear as attorney far either DmECT EXAMINATION OF THOMAS M. MULHERIN Holland or the committee? Thomas M. Mulherin, having been duly sworn, was exam A. Well, Mr. Holland had stated that he had transferred ined and testified as follows: all of his bonds--that he and his associates had transferred By Mr. WALSH (of counsel): 2.-ll of his bonds to the bondholders' committee, and I con strued that to mean that he had no power or authority to Q. Mr. Mulherin, I want to ask you just one question, and discharge me. it is this: This is the $3,950 item that was just introduced Mr. O'MAHONEY. Mr. President, I send a question to the in evidence. When you introduced that in evidence before desk to be asked of the witness. the subcommittee, I will ask you if you did not make the The VICE PRESIDENT. The clerk will read the question. following statement: The Chief Clerk read the question propounded by Mr. That is signed by A. L. Rankin in my presence on December 6, O'MAHoNEY, as follows: 1933. Did you serve as city attorney at West Palm Beach? A. Yes, sir; I did A. I did not. Q. [Reading:] Mr. McGILL. Mr. President, I desire to submit a question. A. L. Rankin stated that the $3,950 1n fees shown by the state The VICE PRESIDENT. The clerk will read the question. ment just furnished you is not the whole of moneys received by The Chief Clerk read the question propounded by Mr. him from clients brought to him by Judge Ritter, but was all he could recall at the time of the preparation of the list. McGn.L, as follows: When Judge Ritter recommended to Attorney Genera.! Mitchell A. I did. I submitted that list to the subcommittee at that you be appointed United States district judge in Alabama., do that time. · you not know from your association and conversation with him Q. that Judge Ritter knew you were a. citizen of Florida? I just asked you whether or not you made that state ment, Mr. Mulherin.-A. I did; Jes, sir. A. I cannot say that he did. Q. All right. . Now you may make any explanation you The VICE PRESIDENT. Have the managers any further may think proper.-A. I submitted that list to the subcom questions? mittee at that time. They neglected to print the heading By Mr. Manager HOBBS: as well as the body of it. It obviously is an item of good Q. Judge, you have in front of you a statement which I will, rather than fees received from pending cases. In other want you to examine and identify, and state whether or not words, they are moneys received from clients which were you had that statement made, and whether you presented it brought to the firm of Rankin through the instrumentality to the subcommittee at the hearing in Miami.-A. [Examin of Judge Ritter after Judge Ritter took the bench. That is ing statement.J I did. the inference I gather. Q. Was it correct at that time? Did you know it to be? A. It was correct, to the best of my knowledge, at the time. Mr. WALSH : By Mr. WALSH (of counsel) : Q. A member of ·the Court sent you up a question, the Q. Look at that statement, please, Judge, and see whether purport of which was whether or not you had been city or not that is the statement you gave to Mr. Mulherin, and attorney· at· Palm Beach. You never were city attorney at told him that there were other cases, but those were all you Palm Beach?-A. I never have; no, sir. is could remember at that time.-A. That true. This state Q. Did I understand you to testify on your direct examina ment was made along about the time of the hearing in tion that you were county attorney of Palm Beach County?...:.. Miami, as I recall it; and afterward I told Mr. Mulherin, as I A. Yes. formerly testified here, that there were some other collections Q. I that I had made, and I would have to go through my records Then will follow the question that was not repeated in order to determine just what they were. after the city attorney question. Are you still county attor sir. Q. And you heard Mr. Mulherin testify to that fact, did ney of Palm Beach County?-A. Yes, you ·not, when he testified before the subcommittee in Q. When were you appointed county attorney of Palm Florida?-A. No; I do not recall that I heard him. Beach County?-A. I was appointed or elected by the Board Mr. WALSH (of counsel). That is all. of County Commissioners of Palm Beach County in 1933. FURTHER REDIRECT EXAMINATION Mr. WALSH (of counsel) . That is all. By Mr. Manager HOBBS: Mr. O'MAHONEY. Mr. President, I send forward a ques Q. Do you know that the hearings down there were in tion which I ask to have read. November, and that you gave him this statement on Decem The VICE PRESIDENT. The clerk will read the inquiry ber 6 ?-A. That might be true. to the witness. Q. After the hearings were concluded?-A. Well. if that The Chief Clerk read the question propounded by Mr. is the date, it probably is. O'MAB:oNEY, as follows: Mr. Manager HOBBS. We have already offered this paper Was that before or after the vacancy in the Alabama. bench? in evidence. I will now read it [reading]: MANAGERS' ExmBrr A-41 A. That was subsequent to that. Amounts collected from clients of H. L. Ritter from lm.!in~ brought The VICE PRESIDENT. Are there any further questions? to A. L. Rankin by them since dissolution of partnership If not, the witness is excused. Jessup, Inc., Palm BeaclL-----~------$400 Mr. WALSH (of counsel). You are excused. Watt & Sinclair, Palm Bea.clL------.. 400 Lanfranchi, Inc., a.nd allied corporations, Palm Beach______900 Mr. Manager HOBBS. "Mr. President, we should like to Worth Ave. Corporation and a.llied corporations, Palm Beach_ 2, 000 offer in evidence the copy furnished us by Judge Ritter of Worth Ave. Investments anc1 allied corpora..tions, Palm Bea.cb._ 250 his 1929 income-tax return, and ask to have it marked with the appropriate identification number as an exhibit. 3,950 (Signed) A. L. RANKIN. (The income-tax return was marked "Managers' Exhibit December 6, 1933. A-42". and is as follows:> .CO_NGRESSIONAL RECORD-SENATE APRIL 1_3 MANAGERS' EXHIBIT A-42 [Italics show answers by person filing return] Form 1040 INDIVIDUAL INCOME TAX RETURN TREASURY DEPART- MENT FOR NET INCOMES FROM SALARIES OR WAGES OF MORE THAN $5 100> 1 AND INCOMES FROM INTERNAL REVENUE SERV BUSINESS, PROFESSION, RENTS, OR SALE 01!' PROPERTY DUPLICATE ICE FoR CALENDAR YEAR 1929 File this return with the collector of internal revenue for your district on or before DUPLICATE March 15, 1930 IF YOU NEED AS. BIBTANCE GO TO A DETACH AND RETAIN Print name and address plainly below 1 THIS COPY AND DEPUTY COLLEC THE INSTRUCTIONS Name, Halsted L. Ritter. TOR OR TO THE Street and number, or rural route, U.S. District Court. COLLECTOR'S OF FICE Post office, County, State, Miami, Fla. Occupation, Judge, U. S. District Court. 1. Are you a citizen or resident of the United States?_------6. If not, were you on the last day of your taxable year supporting in your household 2. If you filed a return for 1928, to what Collector's office was it sent? ______one or more persons closely related to you?------3. Is this a joint return of husband and wife?------7. If your status in respect to questions 5 and 6 changed during the year, state date 4. State name of husband or wife if a separate return was made and the Collector's and nature of change ______------____ ------_ office where it was sent __ ------8. How many dependent persons (other than husband or wife) under 18 years of 5. Were you married and living with husband or wife on the last day of your taxable year?------~~: f~fnJ:j~~~o~sfai~~fe~~?-~~-~~~~-~~~~-:~e!_~~~~~~-~~-=~~-~~
Item and INCOME Instruction No. Amount received Expeme8 paid 1. Salaries, Wages, Commissions, etc. (State name and address of employer): (Explain in Schedule F) Salar11 as U. S. District Judue------$------$------18, 6(]7. ~~
2. ilicoiiiefioiill3U8illes5-oii>i<>re5Sioii~--------4. Interest on Tax-free Covenant Bonds Upon Which a Tax was Paid at Source ______------5. Income from Partnerships. (State name and address>------
6. rncofii6ri<>m.-:Ff------9. Dividends on Stock of Domestic Corporations ______------_ 10. Taxable Interest on Liberty Bonds, etc. (From Schedule E>------11. Other Income (including dividends on stock of foreign corporations). (State nature of income): (a) ------ (b) ------12. Total Income in Items 1 to 1L------~------11!, 169. ttl DEDUCTIONS 13. Interest Paid __ ------__ ------11, 706. 6! 14. Taxes Paid. (Explain in Schedule F>------656.10 15. Losses by Fire, Storm, etc. (Explain in Table at foot of page 2)------16. Bad Debts. (Explain in Schedule F) ___ ------17. Contributions. (Explain in Schedule F)------600. (}() 18. Other Deductions Authorized by Law. (Explain in Schedule F>------8, 607. SS 19. Total Deductions in Items 13 to 18------111,410.05
20. Net Income (Item 12 mines Item 19) _------~------699. t1
EARNED INCOME CREDIT COMPUTATION OF TAX (Sn INSTRUCTION 23)
21. Earned Income (not over $30,000)______$699. t1 33. Net Income (Item 20 above) ______$ ______46. Normal Tax (5% of Item 43) ______. ------22. Less Personal Exemption and Credit for 47. Surtax on Item 20 (see Instruction 23) ____ ------M. Less: Dividends (Item $______Dependents------~. 500. (}() 9)______35. Interest on Liberty Bonds, etc. 48. Tax on Net Income (total of !tams 44 to 23. Balance (Item 21 mines 22)------$------(Item 10)------47)------$•• ------36. Credit for Dependents ______------49. Tax on Capital Gain or Loss (1272% of 24. Amount taxable at lW~ (not over $4,000) $------37. Personal Exemption______------Col. 8, Schad. D>------25. Amount taxable at 3% (not over $4,00>) ___ ------26. Amount taxable at 5% (balance over 38. Total or Items 34 to 37------$ ______50. Total of or difference between Items 48 $8,000 of Item 23) ------and 49------$______39. Balance (Item 33 minns 38) ______$ ______51. Less Credit of 25% of Tax on Earned In- 'n. Normal Tax (172% ofitem 24) ______$ ______40 . .Amount taxable at l}i% (not over $4.000). ------come (Item 32) _------28. Normal Tax (3% of Item 25) ______------29. Normal Tax (5% of Item 26) ______------41. Balance (Item 39 mines 40)______$ ______52. Total Tax (Item 50 mines 51)_------$ ______53. Less Income Tax Paid at Source ______.• ------30. Surtax on Item 2L ------42 . .Amount taxable at 3% (not over $4,000) __ ------54. Income Tax paid to a foreign country or 31. Tax on Earned Net Income (total of 43. Amount taxable at 5% (Item 41 minus U.S. possession ••• ------Items 27 to 30)------$______Item 42)------$ ______55. Balance of Tax (Item 52 mines Items 53 --- 44. Norm:ll Tax (l}i% of Item 40) ______$ ______and 64)------$______32. Credit or 25% or Tax (not over 25% of 45. Normal Tax (3% of Item 42) ______------Items 30, 44, 45, and 46>------$ ______
TAXPAYER'S RECORD OF PAYMENTS
Payment .Amount Date Check or M. 0. No. Bank or office of issue
First___ ------Second ______------___ ------__ ------___ _~ ------_------______Third _____ ._------_ ------_ ------Fourth ____ ------__ ------______------__ ------______------
An amended return must be marked "Amended" at top of return. Checks and drafts will be accepted only if payable at par. 1936. CONGRESSIONAL ~ECORD-SENAT:m 5399
(Page 2 of duplicate income-tax blank of Halsted L. Ritter] SCHEDULE A-INCOME FROM BUSINESS OR PROFESSION (SEE INsTRUCTION 2)
1. Total receipts from boslness or profession (state kind of business). Lawver until Feb. t5 and U.S. Dis't Judge &ince------11!,169. t8 COST 0"6 GOODS SOLD OTHER BUSINESS DEDUCTIONS
2. Labor•• ------$______------10. Salaries not included as "Labor," in Line 2. (Do not Above total deduct compensation for your services)------$______------i8 di8tribut 3. Material and supplies .•• ---~------11. Interest on business indebtedness to others ______------edunderin 4. Merchandise bought for sale------12. Taxes on business and business property ______------come on p. Other costs (itemize below or on separate sheet) ______------13. Losses (explain in table at foot of page)------other &ide of 6. Plus inventory at beginning of year------14. Bad debts arising from sales or services ______------this &heet. 15. Depreciation, obsolescence, and depletion (explain in 7. Total (Lines 2to 6)------$______------table provided at foot of page) ______------16. Rent, repairs, and other expenses (itemized below or on 8. Less inventory at end of year·------separate sheet)_------9. Net Cost of Goods Sold (Line 7 minos Line 8)______$______17. Total (Lines 10 to 16)------$ ______------
18. Total Deductions (Line 9 plus Line 17) ______~------$ ______Enter "C," or "C or M," on Lines 6 and 8 to indicate whether inventories are valued at cost, or cost or market, whichever is lower. 19. Net Profit (Line 1 minus Line 18) (Enter as Item 2) __ ------Itt, 169. t8
Explanation of deductions claimed on Lines 5 and 16.------__ ------______------______------, SCHEDULE B-IN COME FROM RENTS AND ROYALTIES (SEE INS'l'RUCTION 7)
3. Cost or Value . 4. Depreciation 7. Net Profit 2. as of March 1, (Explain in Table 6. Other Expenses L Kind of Property Amount Received 1913, Whichever 5. Repairs (Itemize Below) (Enter as Item 7J Greater at Foot of Page)
Apartment HOU&e, Denver, Colo ______()() ~3.60i I ¥1 $1,6051 13 $8891 85 11, 7!91 50 11.!30 1 5! ~.~651 As of Sept. 19!3. Explanation of deductions claimed in Column 6: Coal, janitor, water, tlectricitv, and general txpt'llsu of upkeep SCHEDULE G-PROFIT _FROM SALE OF REAL ESTATE, STOCKS, BONDS, ETC. (SEE INSTRUCTION 8)
5. 3. Amount 4. Depreciation Cost or Value 6. Subsequent 7. Net Profit 1. Kind of Property 2. Date Acquired Allowable Since as of March 1. 1913, (Enter as Item 8) Received Acquisition Whichever Greater Improvements
$______J_____ $.. ______J_____ $______J_____ $______J_____ $ ______J ------State how property was acquired _------_____ ------____ ------______------______------__ .- SCHEDULED-CAPITAL NET GAIN OR LOSS FROM SALE OF ASSETS HELD MORE THAN TWO YEARS (SEE INSTRUCTION Sa)
5. Depreciation AI· 6. Cost or Value 7. Subsequent lm· 8. Net Gain or Loss 2. Date as of March 1, provements, and (E 01 1. Kind of Property Acquired 3. Date Sold 4. Amount Received lowable Since Ac· 1913, Whichever Capital Deduc- nter 12 ~~ ;a as quisition Greater tions Item 49)
Mo. Day Year Mo. Day Year $ ______J_____ $______J_____ $_- ______J_____ $______------'------$. ______J----- State how property was acquired------______------______------______:_------SCHEDULE E-INTEREST ON LIDERTY BONDS AND OTHER OBLIGATIONS OR SECURITIES (SEE INsmucnoN 10)
6. Interesj; on 4. Principal 5. Amount Owned Amount in Es L Obligations or Securities 2. Interest Re- 3. Amount Owned Amount in Excess of Ex cess 'of Exemp ceived or Accrued Exempt From emption tion (Enter as Taxation Item 10)
(a) Obligations of a State, Territory, or political subdivision thereof, or the District of Columhia. ______$.••••••••••• ------$------All ______------X X X X X X X X X X X X X X X X (b) Securities issued onder Federal Farm Loan Act or as Amended, and Certificates of Indebtedness issued after June 17, 1929 ...•• ------AlL ..•••• ------X X X X X X X X X X X X X X X X (c) Liberty 37\1% Bonds and other obligations of United States issued on or before September 1, 1917, and obligations of U. S. possessions------······- . .:.... AlL ••••••• ------X X X X X X X X X X X X X X X X (d) Liberty 4% and 4~% Bonds, Certificates of Indebtedness issued before June 18, 1929, Treasury Bonds, and Savings Certificates.------$5,000 _____ ------$ ______------$------(e) Treasury Notes..• ------None...••• ------SCHEDULE F.-EXPLANATION OF DEDUCTIONS CLAIMED IN ITEMS 1,14, 16,17, AND 18 Taxe8 paid on apartment how1e above and belmD and furni&hings, Denver, Colo. Salary as United States District Judge for Southern Di&trict of Florida. Contributions toY. M. C. A., Y. W. C. A., community chest, civic theaur, etc. EXPLANATION OF DEDUCTION FOR DEPRECIATION CLAIMED IN SCHEDULES A AND B
5. Cost or Value as Amount of Depreciation Charged off 1. Kind of Property 3. Age When 4. Probable Life of Mar. 1, 1913, (II Buildings, State Material of which 2. Date Acquired Acquired Alter Acquirement Whichever Greater Constructed) (Exclusive of Land) 6. Previous Years 7. This Year
6 apartment house, brick and concrete______&pt. !3, 19!3______New.------SO vear&______150,6041 ¥J _ 19,630 I 18 11,6051 13 ... -.. ------...... ------... --- .. ------EXPLANATION OF DEDUCTION FOR LOSSES BY FIRE, STORM, ETC., CLAIMED IN SCHEDULE A, AND IN ITEM 15
3. Cost or Value as 5. Depreciation Al- 1. Kind of Property of March 1, 1913, {. Subsequent Im 6. Insurance and 7. Deductible Loss 2. Date Acquired Whichever provements lowable Since Salvage Value Greater Acquisition
$ ______L----- $ ______J------s------.1 ------$ ______,______$ ______! ______5400 CONGRESSIONAL RE~ORD-SENAT;E_ APRIL 13 Mr. Manager HOBBS. Mr. President, we also offer in evi Mr. WALSH (of counseD. Let me look at those, please. dence two sheets,· being photostat copies of Judge Ritter's [After examining papers.] We have no objection. bank account in the First National Bank of Miami, Fla. We
THE FmsT NATIONAL BANX MIAMI, FLORIDA Name: Mail H. L. Ritter or Grace M. Ritter. Address: Office of U.S. Dist. Ct., P. 0. Bldg., city.
Old bal· Newbal· ance Date Checks In detail Date Deposits Date ance
Balance brought forward ••••••• Apr. 9, '3L------~------414.40 Apr. 9, '31------·- 414.40 414.40 Apr. 9, '3L••••••••••••••••••• 7. 15 4. 50 26. 89 Apr. 9, '3L------10.55 2. 95 Apr. 9, '31.------ 362.36 362. 36 Apr.A.pr. 9,13, '3L------'31. ______?:1.50 Apr. 9, '31------334.86 334.86 14.00 Apr. 13, '3L------320.86 320. 86 Apr. 14, '3L------ 100. 00 15. 00 Apr. 14, '31.·------205. 86 205.86 Apr. 14, '31. •• ______Apr. 14, '31------5.00 Apr. 15, '31. •• ______200.86 200.86 Apr. 15, '31.------:------2,000.00 2, 200.86 2, 200. 86 Apr. 18, '3L•••••••••••••••••• 88.75 10.00 Apr. 18, '31------2, 102. 11 2,102.11 6.00 Apr. 20, '3L______AprApr.. 20, '31.'31.. •. ______------_ 2, 096.11 2,096.11 15.00 Apr. 20, '31------2,081.11 2, 081. 11 Apr. 21, '31..______35.83 6.00 • Apr. 21, '3L••••••••••••••• __ 2, 039.28 2, 039.28 Apr. 22, '31. •••••••••••••••••• 200.00 Apr. 22, '31.·------1,839. 28 1, 839. 28 Apr. 23, '31.•••••••••••••••••• 100.00 Apr. 23, '31. •• ______1, 739.28 1, 739.28 Apr. 24, '3L •••••••••••••••••• 15.00 Apr. 24, '31. ••••• ______1, 724. 28 1, 724.28 Apr. 24, '31 ••••••••••••••••••• 15.00 Apr. U, '31.·------1, 709.28 1, 709.28 Apr. 25, '31. •••••••••••••••••• 6.00 Apr. 25, '31.------1, 703.28 1, 703.28 Apr. 28, '31. •••••••••••••••••• 5.85 200.00 Apr. 28, '31·------ 1,497.43 1,447.43 Apr. 28, '31. .••••••••••••••••• 21.75 Apr. 28, '31.------1,475. 68 1, 475. 68 Apr. 29, '31. •••••••••••••••••• 15.00 7.00 Apr. 29, '31------ 1,453. 68 1,453. 68 Apr. 30, '31. •••••••••••••••••• 22.88 Apr. 30, '3L------ 1,430. 80 1,430.80 May 1, '31.~ •• .; ••••••••••••••• 15.31 May 1, '31.------1,415. 49 1, 415.49 May 2, '31. ••••••••••••••••••• 64.25 May 2, '31 •• ------1, 351.24 1,351. 24 May 2, '3L ••••••••••••••••••• 10.00 180.00 May 2, '31.------ 1, 161.24 1, 161.24 May 2, '31.·------ 126.81 May 2, '3L------ 1833.33 May 2, '31.------ 1,967. 76 1,967. 76 May 2, '31. ••••••------26.08 May 2, '31. ------126.81 May 2, '31 •• ------1, 968.49 1,968. 49 May 4,5, '31. ______••••••••••••••••••• _ 4.50 May 4, '31. ------· 1, 963.99 1,963. 99 15. 00 266.66 25.00 May 5, '31 ••------· 5. 00 May 5, '31------:..·------1, 652.33 1, 652.33 May 5, '3L------·· 7. 72 May 5, '31.·------1, 644.61 1, 644.61 May 5, '31..------·-··· 3.00 May 5, '31------1, 641.61 1,641. 61 May 6, '3L••••••••••••••••••• 8. 31 4.42 7. 50 May 6, '31. ••••••••••••••••••• 5.00 3.04 24.26 May 6, '3L------····-·-··· 100.00 May 6, '31.------1,489.08 1,489. 08 May 6, '31.------29.09 May 6, '31.------1, 459.99 1, 459.99 May 12, '3L------· 100.00 May 12, '31.------ 1, 359.99 1.359. 99 May 13, '31----·------·-· 2.50 May 13, '3L------··· 1,357.49 1,357. 49 May 14, '31.·-·------··-----· 100.00 May 14, '3L------··· 1, 257.-19 1, 257.4.9 May 14, '3L------ 12.00 May 14, '31.------ 1, 245.49 1, 245.49 May 15, '3L.------·-·- 1.19 May 15, '31------ 1, 244.30 1, 244.30 May 15, '3L---·------1.100. 00 May 15, '31------144.30 Balance brought forward ••••••••••• May 16, '3L------1«. 30 May 16, '31·------'31 ______144.30 144.30 May 16, '31------ 13.86 18.03 112.41 112.41 May 18, '31.------32.18 May 18, '31.------ 80.23 80.23 May 21, '3L------ 11.76 May 21, '3L------68.47 68.47 May 21, '31. •••------·-· 22.28 May 21, '31·------ 46.19 46.19 May 25, '31------14.95 May 25, '3L------ 31.24 31.24 May 28f '31.------18.00 May 28f '31. ••••- •• .!••••.... 13.24 13.24 Jun. 1, 31------ 300. 00 Jun. 1, '31.------I 833.33 Jun. 1, 3L------·- 546.57 546.57 Jun. 2, '31------ 18.65 Jun. 2, '3L------ 527.92 [5?:1.92 Jun. 2, '31. ••••••••••••••••••• 226. 66 26.08 Jun. 2, '31..------··· 235.18 235.18 Jun. 4, '31. ••••••••••••••••••• 1. 85 7.00 Jun. .. '31. ______Jun. 4, ''3L------31. ______226.33 226.33 Jun. 4,5, '31.------'31 ______3.15 8.02 215. 16 215.16 8. 00 Jun. 5, '31.'31------______207.16 207.16 Jun. 5, '31------ 13.36 27.75 5.25 Jun. 6, '31______160. 80 160.80 Jun. 6, '31------'31 ______7. 50 50.00 103.30 103.30 2.00 Jun. 6, '31..------101.30 101.30 Jun. 10,8, '31.·------'31 ______3.83 2.00 Jun. 8, '3L.------95. 47 95.47 5.04 Jun. 10, '31. ______90. 43 90.43 Ian. 10, '31.------100.00 Jun. 10, '31. •• ------190. 43 190.43 Jun. 10, '31------ 100.00 Jun. 10, '31•• ------90.43 90. 43 Jun. 13, '31------25.00 Jun. 13, '31..------ 65.43 65.43 Jun. 16, '31.------19.38 Jun. 16, '3L.------·-· 46.05 46.05 Jun. 116,8, '31.------'31 ______7.36 Jun. 16,18, '31..------'31. ______38.69 38.69 18.00 20. 69 20.69 Jun. 20, '3L------4. 95 Jun. 20, '31. ••••••••••••••••••• 15. 74 15. 74 Jun. 26, '3L------19.45 Jun. 30, '31. ______Jun. 26, '31. ••••••••••••••••••• 3. 7L 3. 71 Jun. 30, '31.------50.00 833.34 Jul.Jun. 2,30, '31 '31. ______.•••••••••••••••••• _ 779.63 779.63 18.00 Jul. 3,2, '31.'3L------______761.63 761.63 Jul. 3, '31. ______289.08 ]ul. 3, '31.------·····- 472.55 472. 55 Jul. 6, '31 ______11.10 JulJul.. 6,3, '31.-'31 ______·····-·····------_ 461.45 461.45 Jul. 7, '31. ______7.~ Jul. 7, '31 ______453. 65 453.65 Jul. 7, '31. ______4.15 Jul. 7, '31 ______449.50 449.50 3.20 7.81 27.50 410.99 Jul. 7, '31. ______Jul. 7, '31 ______410.99 Jul. 8, '31. ______10.60 400.39 400.39 Jul. 9, '31 ______7.92 Jul. 8, '31.------ 392.47 392.47 7.50 Jul. 9, '31 .•••••••••••••••••••• 384.97 384.97 Jul. 9, '31------· 3. 75 Jul. 9, '31 .•••••••••••••••••••• 381.22 381.22 Jul. 10, '31.------3. 75 4.00 Jul. 10, '31'31. ______·-····------· _ 373.47 373.47 1,100.00 1, 473.47 Jul. 10, '31. •••• ______Jul. 10, '3L------1, 473.47 50.00 Jul. 10, '31 .• ·------· 1, 423. 47 1, 423.47 5.10 Jul. 11, '31______Jul. 11, '31.-. ------Jul. 13, '31. ______1, 418. 37 1, 41 8.37 Jul. 13, '31. _. ------22.08 1, 396. 29 1, 396.29 Jul.Jul. 1416,, ''331L______. ------_ 10.45 Jul. 14, '31 ••••••••••••.•••••.• 1, 385.84 1, 385. 84 28.38 Jul. 16, '31 .••••••••••••••••••• 1, 357.46 1, 357.46 Jul. 16, '31. ••••••••••••••••••. 125.00 1, 232.46 Jul. 17, '31..______Jul. 17,16, '31_'31. ______------·-···-· _ 1, 232. 46 Jul. 18, '31. ______3. 50 1, 228. 96 1, 228. 96 41.03 Jul. 18, '31.------··· 1, 187.93 1,187. 93 Jul. 22, '3L •• ·-·-········-·-· 2. 05 Jul. 22, '31.------·-· 1, 185.88 1,185. 88 Jul. 22, '31.·-····------85. 00 Jul.Jul. 22, '31 ______..•••••••••••••••••. _ 1,100. 8S 1,100. 88 Jul. 22, '31 ______50.00 1,050. 88
1 Pencil notation, 26.08. 2 Pencil notation, 5 das. a Pencil notation, 10 das. 1936 CONGRESSIONAL RECORD-SENATE .5401 The VICE PRESIDENT. Is there any further testimony of the House of Representatives. We are here as the serv to be offered? ants of the Senate. The whole purpose of the argument Mr. Manager HOBBS. That is all, may it please the which we shall try to advance in this case shall not for one Court. second be construed by us as being to make an impression The VICE PRESIDENT. Does that close the case for or to make a speech or to seek to sway one iota the mind of you, Mr. Counsel? a single Senator. What we shall try to do is to advance for Mr. WALSH (of counsel). Yes, Mr. President. your consideration in an orderly presentation a digest of the The VICE PRESIDENT. The evidence is closed. evidence, in the hope that it may be of service to you in your Mr. ROBINSON. Mr. President, the Senator from Utah weighing the vast nia.ss of testimony which has been pre [Mr. KINe] will present an order. sented. Mr. KING. I submit an order for the consideration of The statement of the law of the case, as we see it, will the Court. largely be left to the distinguished chairman of the Judiciary The VICE PRESIDENT. The proposed order will be read. Committee of the House [Mr. Manager SUMNEJU)], the chair The Chief Clerk read as follows: man of the managers on the part of the House in this case, Ordered, That the time for final argument of the case of Halsted and I will not attempt to go into that, save to observe these L. Ritter shall be llmited to 4 hours, which said time shall be three points which, to my mind, should be in the minds of divided equally between the managers on the part of the House of Representatives and the counsel for the respondent, a.nd the the Members of this high Court of Impeachment at all times time thus assigned to each side shall be divided as each side !or in weighing this evidence: itself may determine. First, that impeachment trials are not criminal trials in The VICE PRESIDENT. Do the managers on the part of any sense of the word. the House and counsel for the respondent desire to make Second, that the burden of proof in this case is not "be any argument whatever? That is the first thing the Court yond a reasonable doubt", as it is in criminal cases. desires to ascertain. The next thing is as to the limitation Third, that the presumption of innocence, which attends of time. a defendant in a criminal case, is not to be indulged in be Mr. KING. Mr. President, I suggest that before sub half of the respondent in an impeachment trial. mitting the order I had ascertained that the counsel for Those three principles of law, I believe, are well recog the managers and the counsel for the respondent desired to nized, and we respectfully ask the Members of this high make arguments. Court of Impeachment to bear them in mind. The VICE PRESIDENT. The Chair had understood that The present distinguished senior Senator from Nebraska probably the case would be submitted to the jury without [Mr. NoRRIS], when acting as one of the managers on the argument. part of the House in the impeachment trial of Judge Robert Is there objection to the order presented by the Senator W. Archbald, made as clear and cogent a statement as has from Utah? ever been made upon the subject of impeachable conduct. Mr. Manager SUMNERS. Mr. President, I assume it is With his kind permission, I should like to take that as my understood that the managers on the part of the House text, so to speak, for the remarks that will follow: will open and close. If judges can hold their offices only during good behavior, then The VICE PRESIDENT. ·That is the general practice in it necessarily and logically follows that they cannot hold their court procedure, as the Chair understands. offices when they have been convicted of any behavior that is not Is there objection to the proposed order? good. If good behavior 1s an essential of holding the office, then misbehavior 1s a sutncient reason for removal from office. There being no objection, the order submitted by Mr. KING was entered. May I now take up, seriatim, some important points in DISMISSAL OF WITNESSES the testimony of Judge Ritter. The VICE PRESIDENT. The Chair will state, at the sug I respectfully refer the Members of this distinguished gestion of the Sergeant at Arms, that all witnesses in the body to page 275 of the book that is before you, the pam case are now excused. phlet containing the proceedings in this case, if you care to The Chair recognizes the managers on the part of the follow me. I desire to call your attention to what I conceive House to proceed with the argument. to be the most flagrant attempt to mislead this Court and Mr. ASHURST. Mr. President, I should like to ask the its Members that has been undertaken during the course of managers on the part of the House a question. Do the man this trial. agers desire to open their argument now, or within the next When Judge Ritter took the witness stand in his own 20 minutes; or what is their pleasure in the matter? behalf and made a statement, unguided by questions from The VICE PRESIDENT. What are the wishes of the counsel, he said that it was easier to read what he had copied managers? from article 7 of the deed of trust than it would be to read Mr. Manager SUMNERS. Mr. President, of course, we are the deed of trust or the pertinent provisions of that article. glad to act in accordance with the convenience and wishes I call your attention solemnly to the fact that he omitted of the Senate; but if the matter is left entirely to the man the most vital, the only really important part of that para agers on the part of the House, we are ready to proceed graph of article 7, which he said he was reading, to wit, he now, if the Court is willing. left out the provision that bondholders holding less than The VICE PRESIDENT. Very well. $50,000, the qualifying amount, while they could proceed to ARGUMENT ON BEHALF OF THE HOUSE OF REPRESENTATIVES BY ME. foreclose the mortgage for their own benefit, must do so in MANAGER HOBBS subordination to the continuing lien of the mortgage, and Mr. Manager HOBBS (speaking from in front of the Vice that they should proceed only for themselves, and the rights President's desk> . Mr. President, Members of the High Court which they acquired would be junior and subordinate to the of Impeachment, my distinguished opponents, and colleagues, rights of the continuing lien ·of the trust deed or mortgage. this, it seems to me, is the voice of 124,000,000 people, for the May I quote the words which constitute this vital omission? articles of impeachment in this case are brought in the name Subject to the continuing lien of this trust deed (and junior a.nd of the House of Representatives of the United States Congress subordinate thereto) • and of all the people of the United States. Therefore at the I submit that article 7 was emasculated by the omission very outset I wish to make it clear that at no time when any which Judge Ritter made. It included the heart of the para manager on the part of the House is speaking-and I feel graph he purported to quote, which I have Just quoted. sure that the distinguished counsel representing the respond There is nowhere in that article, or anywhere else, any pro ent will feel the same responsibility-will we descend from vision giving bondholders holding less than the qualifying the high level of fairness and impartiality which governed the amount any remedy whatsoever to sue or foreclose for other presentation of the evidence. bondholders or to intervene, but to the contrary, in the next The managers on the part of the House are here, as you succeeding article, article 8, where foreclosures are provided distinguished gentlemen know, in obedience to the mandate for, this matter is again taken up and made clear. 5402 CONGRESSIONAL RECORD-SENATE APRIL 13 I am not going to take your time to read in its entirety $19,000 of the $600,000 ever found ·its way into the channels either of those sections, but the article from which Judge of the court for distribution to the bondholders (REcoRD, Ritter claimed to be quoting deals with the power to declare p. 5340. All the rest was dissipated by the fees which bonds due after default. The next section or article gives the Judge Ritter allowed to Walter S. Richardson, his attor right of foreclosure. I submit that the omission may not neys, and to A. L. Rankin and the other attorneys in the have been accidental, and I urge you most earnestly to read case. And of this $19,000, $12,000 came from the adminis those two articles of the original deed of trust for your tration of the hotel in the bankruptcy, the year before. selves-article 7 and article 8. Such reading will show, I So, out of some $1,000,000 of so-called profits from the venture to predict, a deliberate purpose of Judge Ritter to operation · of the Whitehall Hotel during the 3 years of mislead you by his testimony. Richardson, the total turned over ·by Richardson to Winters Judge Ritter also testified that the bill alleged that a de for distribution among the nondepositing bondholders, was mand had been made on Trustee Moore, or that such a $19,000. The rest had gone for fees and expenses. And demand would have been futile. I can find no such averment Richardson got a considerable part of that $19,000. The in the bill. No one had a right to intervene; no one had a depositing bondholders, 93 percent of all first-mortgage right to foreclose unless the qualifying amount of bonds bondholders, got nothing. $50,000--was in his possession, unless there wa& fraud alleged They talk about a conservation fee. Conservation of and proven, and we have undisputed evidence in this case what? Whitehall stood and still stands. The land has not that there was no such testimony ever taken, and that when disappeared, and neither have the buildings. The first the testimony was taken disproving fraud Mr. Rankin did mortgage bondholders had a first mortgage on all the prop not even see fit to file a cross-interrogatory, much less to go erty, authorizing the trustee named therein to ask for are to Chicago and resist. Rankin admits that the testimony ceivership and take possession, as he did long before any taken in Chicago disproved his averment of fraud in the proceedings in this case were ever started. He had posses case. sion of it at the time for the benefit of the first-mortgage Then, although he had averred, and sworn to the aver bondholders. ment on information and belief, that Moore and his asso What was cons~rved? Certainly not the proceeds which ciates had been guilty of fraud. collusion, and conspiracy; came from the operation of that hotel during the admin yet, in the final decree, which he swears he wrote, he specifi istration of WalterS. Richardson as receiver. cally acquits them of tha,.t charge. Therefore we submit To sum it up, ·here is the situation I challenge anyone that there was no basis whatsoever, in law or in fact, upon to dispute. When the first-mortgage bondholders started which the final decree in this case could have been ren they had a first mortgage, paramount and supreme, upon dered. There was no word of evidence taken in support of the Whitehall Hotel and everything in it, and upon the in the averments of the bill of complaint. The only ground come. When Richardson, Rankin, and Ritter finished with upon which any one of them, except Bert Holland, had any them they had the property, which they had in their pos standing whatsoever in the court was completely dissipated. session before this suit was filed; but, instead of a clear title absolutely taken away by the terms of the final decree itself, t{) it, as they had when they started, it was then subject to and when it was adjudged that the Moores were not guilty the $300,000 mortgage which had to be put on there to pay of fraud. collusion, or conspiracy, the right of action, which off Walter S. Richardson and his wife, who had bought up had been asserted on that ground alone, ceased, and no for a song $48,700 of the nondeposited bonds during his valid decree could possibly have been rendered. The case trust administration, and the fees of the bondholders' com was dead! mittee out in Chicago, and the fees of Richardson, Rankin, Please bear in mind that even with Bert Holland in the and the others. case-and he had twice discharged Rankin, the latter time Do not misunderstand me. We hold no brief for that com .in writing-the case could not lawfully proceed to final de mittee. We hold no brief for the Moores. We hold no brief cree, for only when they had made a deposit of the money for anyone except the sovereign people of the United States. necessary to defray or indemnify against the cost and ex Who was consulted of those who really had an interest in penses of the foreclosure, and had shown demand had been the division of the money, namely, the ones who had in made upon the trustee named in the deed of trust, or had vested their hard-earned money in those bonds? Not one! shown fraud on the part of the trustee had they any stand Of course the committee was paid, and paid handsomely, ing whatsoever in any court to foreclose the mortgage. If out of the proceeds of the $300,000 mortgage, but the in fraud be stricken down-and there was not a scintilla of vestors, supposedly represented by that committee, got noth evidence to prove it, while the proof and the decree were ing. Some $152,000, I think it was, including the $19,000, both contra--there can be no standing in court of any com went to pay off Walter S. Richardson and his wife and the plaint or intervener in the case, because the evidence is other nondepositing bondholders, and the fees allowed by utterly silent as to any demand made upon the trustee to Judge Ritter. foreclose or as to the deposit of money to indemnify. Hence, The next point I want to make is that Judge Ritter says the final decree in the Whitehall case was an illegal nullity. in his testimony that although he wrote Judge Akerman to The next point I wish to make with reference to Judge fix the total allowance to be made to Judge A. L. Rankin, Ritter's testimony is that he swore he thought on the first his former law partner, for his services in the Whitehall case, hearing, October 28, 1929, that it was a fight between Hol he did not mean that; he meant the total conservation fee. land and Moore to see who would get the fees. Yet near the I am not going to argue that in detail. top of the same page-5371--on which his testimony just I just call your attention to the discrepancy in his testi referred to appears in the RECORD he had sworn that he mony, the confiict .between the letter itself; which he wrote naturally thought that Mr. Moore had bought Holland off, (RECORD, p. 5168). Judge Akerman has explained to you and that they were working together. Here we have an gentlemen he took that letter· at face value, and without absolute inconsistency, a contradiction of himself. I merely reading, signed the decree or order granting the conserva desire to call your attention thereto, in passing. tion fee to A. L. Rankin, which he thought was a "total al Judge Ritter further testified that over $600,000 net profit lowance" for all services, throughout the case. Judge was made under Richardson's administration as receiver Akerman "trusted not wisely, but too well." January 1. The damage done by the September storm must have been completely repaired before any guest was Judge Ritter has never denied it. He knows it is true. entertained in the hotel. What does that mean? It means that he had an engage I call your attention from his testimony, further, to these ment with Judge Chillingworth on March 4; and the same two matters: F"rrst, the fact that he stood here on this stand docket shows that on the afternoon of the 3d of March and testified that he would accept a gift from anybody. the entry is: A Federal judge, bound to be familia.r with the canons of 3:00 Rankin. ' judicial ethics as adopted by the American Bar Association, Differentiating, if you please, between the two members canon 32 of which reads: of this partnership which had been so recently dissolved He should not accept any presents or favors from litlga.n.ts, or Rankin on the afternoon of the third; Ritter on the fourt~ from lawyers prac.tising before him, or from others whose interests are likely to be submitted to him for judgment. talking about a supersedeas bond, demanding a heavy one! And the file in this case, which has been introduced in evi We may assume he knew the ancient law of Holy Writ: dence with privilege of reference, shows that Rankin filed Thou shalt not wrest judgment; thou shalt not respect persons, a written brief in aid of Ritter and Rankin's motion for a neither take a gift; for a gift doth blind the eyes of the Wise, and pervert the words of the righteous. $35,000 supersedeas bond, and that Judge Ritter rested con tent with the citation of that book lying there, 111 Southern, Both of these, in specific terms, condemn such judicial page 626. If you will read headnote 4 in that case (RECORD, conduct; yet Judge Ritter, here, before you, swears that he p. 5253) you will see that the SUpreme Court of Florida there would accept a gift from anybody; to use his exact words, holds that in a case involving $108,000 and the judge's order "Just the same as I would accept a gift from anybody." fixing the amount of $6,000 attorney's fee, a supersedeas The second big fact that looms as large as Mars on bond at $25,000 is not an abuse of judicial discretion. perihelion, is that he made no denial whatsoever in all his In other words, we have Judge Ritter, on March 11, say testimony of the engagement which he made with Judge ing: "I am judge now. I cannot go on openly, but I will Chillingworth. Judge Chillingworth's notation on his en carry on to the end surreptitiously. I will consult with Ran gagement docket of May 4, 1929, reads: kin about this case to the end. I will keep in touch with 111 So. 626, Ritter-,supersedeas bond. him. I will follow through. We will see that a heavy The day before, the same docket shows, Rankin had been supersedeas bond is demanded-so heavy that we hope to see Judge ChilliP..gworth. D'Esterre cannot make it." Then we find him making an I now wish to take up very briefly the facts with reference engagement with Judge Chillingworth for March 4, 1929, to the Brodek case-impeachment article m-and digest the after he had been on the bench nearly 2 months, citing an evidence, if I may, proving that article. The law says that authority, and urging, apparently, that a high supersedeas no judge may, after assuming office, exercise his profession bond-to wit, $25,000-be required. The court, however, or practice law (U. S. Judicial Code, sec. 258). Did Judge required only a $7,500 bond. So the case went on for a Ritter do so? I call your attention to the letter which he couple of years, and was not terminated until sometime in wrote to Mr. Brodek on March 11, 1929, barely a month after 1932, when the Supreme Court of Florida affirmed Judge he had been confirmed by this honorable body as judge of Chillingworth. Judge Ritter said that he would carry on that district. He said in that letter, if you will recall: "until it was all closed up." Does the evidence show that he did so? We shall demand a very heavy supersedeas bond, which I doubt whether D'Esterre can give. In proof of that, we have introduced letters from Rankin telling of a conference about a. compromise of that case U1 At another place therein: his-Rankin's--office in West Palm Beach, where D'Esterre's Of course, now that I a.m on the Federal bench, I cannot practice attorney came and tried to compromise the case. The letter any further, and my partner, A. L. Rankin, w1ll carry throl.lgh the further proceedings 1n that case. I will, however, be consulted said Judge Ritter was there-"we merely smiled and gave about matters by him until it ts all closed up. · him no satisfaction whatever." Again: So we have Judge Ritter in consultation about a settle ment of the case in West Palm Beach in Rankin's office, and This matter 1s one among very few which I am assuming to continue my interest 1n until finally closed up. we see him up yonder in Brodek-'s office. Brodek says, "He did not consult with me. It was a mere luncheon engage Again: ment"-! am now reading Brodek's own words-"but-- We hope to get Mr. Howard Paschal or some other person as I think I may have said to Judge Ritter something to the effect receiver who w11l be amenable to our directions. that "Rankin seems to be scared, but I do not see any reason for Please bear these quotations in mind. He said that he being scared. We are just as strong as we were before." The only would follow through to the end. He did. He said that he thing- would be consulted by Rankin about the matter until it was Listen to this, if you please- all closed up. He evidently was. He said, "We hope to get The only thing was to have the appeal disposed of quickly, I think a receiver who will be our tool." Did they? He said, "We I told him, because it had been hanging fire over 4 years (RECoKD, shall demand a very heavY supersedeas bond." They both P· 5332) · did-Judge Ritter, one for $25,000. we may be sure from the Gentlemen of the Senate, how else can a lawyer consult authority he cited before Judge Chillingworth when he ap- with a client? Judge Ritter goes up to New York afte,r peared before ·him on May 4, 1929; Rankin, one for $35,000, Rankin had written Brodek and told him that Judge Ritter according to his letter to Brodek (RECORD, p. 5254). would be there, and after Brodek had written back and That alone shows the caliber and the character and the said, "I will review the authorities you submit, familiarize attitude of this man toward litigants, if possible to shut off myself with the law of the case, and I will see Judge Ritter a defendant from his right of appeal by demanding an when he comes." Brodek did so twice, at least; and he tells excessive supersedeas bond-we will do it. Gentlemen of you that although they did not consult about the matter, the Senate, what does that mean in the light of Judge Chil- he said to Judge Ritter, "You need not be worried. Rankin lingworth's docket? is scared, but I am not. We are just as stror..g as we ever Judge Ritter: in his letter of March 11, 1929, to Brodek, were. Go down there and get that appeal disposed of as promised to do that thing. Judge Chillingworth's engage- quickly as possible. The matter bas been hanging fire for ment docket shows that he did it. The words and figures over 4 years." 5404 CONGRESSIONAL RECORD-SENATE APRIL 13 - There is only one other observation I wish to make, and two lawyers who, according to Mr. Gedney's theory and testi that is with respect to the fact that Judge Ritter told Mr. mony, represented the two sides in that issue, and they were Brodek in that letter of March 11 twice that he was a judge Judge Ritter and Mr. Gedney. on the bench, we also find from the evidence in the case Gedney's testimony, on page 5251 of the CoNGRESSIONAL that the Mulford Realty Corporation owned a hotel in his RECORD, is to the effect that it was not a continuation of the district, and had other property holdings there, so those former transaction, which involved the Mizner Development -averments of the articles of impeachment have been proved; Co., then long since bankrupt and gone, but was an entirely ·and in proof of the further averment of our third article of new transaction, and that the receipt for the initial payment impeachment, Judge Ritter swears that Rankin first learned ·to the Spanish River Land Co. initiated it, with Judge Ritter's -of the $2,000 payment -in July, when the final decree was letter, the new one of February 3, 1930. rendered (RECORD, p. 5380). It is true that the fee paid by Mr. J. R. Francis to Judge So much for that. I submit that each and every word of Ritter was paid on April 18, 1929, by a check for $7,500; but the averments, beyond· the peradventure or shadow of a whether it . was paid before or after the services were per doubt, has been proven, and is practically undenied. If the formed, he was violating section 258 of the Judicial Code respondent did a single overt act in compliance with the of the United States, and is guilty under that article of promise contained in the letter of March 11, he is as guilty impeachment. He is guilty, just the same, if he exercised as though he had hung out his shingle, solicited the public his profession gratuitously. to come to him thereby, and had run a law office in West Then there was the Cocoa Beach transaction, in which he Palm Beach. · says he saved J. R. Francis $200,000, claimed of him, by . The law recognizes no distinction. The respondent is drawing a contract before he went on the bench, but that either guilty or not guilty. If he exercised his profession in it was afterward verified by him after he went on the 'the slightest degree, he is guilty; and we show that he did. bench. That may be only a slight infraction, but the fee We show that he got a $2,000 fee for past-due services, they was paid almost immediately after the conclusion of those all say now-but at the ·same time that the respondent services and after Judge Ritter went on the bench. asked for it, he promised to "carry on." The Mulford Realty Now, very rapidly, I want to touch upon the two income Co. had large property holdings in his district. It would be tax articles. The 1929 income, the proof in this case shows, a wise move to give an extra fee to a man who, by reason consisted (over and above his salary as judge, which was of diversity of citizenship, might have had brought in his exempt) of $1,945.23 received from Mulford; $2,000 received court any of those cases that might have come up in. the from Broqek, which was an extra fee, paid by the bank on future. April 4; $120 received from Rankin on April19; $7,500 fr9m Now we go on to the Boca Raton matter, article IV. Francis on April 19; and $100 more from Rankin in Decem Febnia:iy 3, 1930, after ·Judge Ritter had been -on the _ber 192~, a split of anot}J.er · fee that had come in since ~he bench for nearly a year, we find this remarkable statement dissolution of the firm, making a total of $11,665.23, over ·in the letter which Judge Ritter then wrote. If you will and above. his sal~ry as judge. · - look on page 5247 Of the CONGRESSIONAL RECORD YOU will Gentlemen; tha~ is the issue. He admits he never paid a find it: cent of taxes on it. What became of it? He says he re Mr. Francis is more than a mere client • • . •; he is one of turned $331.40 of the $50Q which he claims wa.S the balance my intimate friends. of that $i,945.23 after deducting expenses. By way Qf paren . An absolute admission that a. year after the respondent thesis I should like tO call attention to this fact just a min .went on the bench he still had a friend who was ."more than ute. Orie thousand nine hundred forty-five dollars and a mere client." What right does a judge on the bench have twenty-three cents was paid. He says $1,445.23 was expense -to have clients, when the law which he has sworn to uphold inoney "which we· as a firm ha.d paid out fo:r Mulford, so I collected that and put it into my pocket." What became of says he must not? Rankin's balf of that refund? It. is still in Judge Ritter's as : Then, on December 29, 1930, we have this promise, set pocket, unless he has taken it out. But that has nothing to -forth on page 5248 of the RECORD. do with this case, except to show the practice of these part And he and I will get in touch with you at that time. ners. Judge Ritter says that he and Francis will get in touch At least $500 as a fee was collected by him 'in cash, an_d he ·with Mr. Gedney. admits that he failed to return or pay taxes on $168.60 of it. March 27, 1931, after Judge Ritter had been on the bench Small? Yes; but he' admits thaf plain violation of" the law. -for 2 years and more, he writes this,' and yet he says there He only denies the $7,500 which Francis paid him !n cash ·were no l~gal services performe~: · not in a lot, for that was an afterthought 5 years later.· Any . I hav~ ~xamined the deed, and it appears to _be a special warranty. taxpayer knows that after evading the payment of income tax, if given 5 years to make up an explanation, a good one Then, omitting some matters that are not pertinent to will be forthcoming. Judge Ritter desired to conceal this this inquiry: $7,500 for several reasons. He knew-that if he scheduled that 1 understand there was to be a general warranty deed, and that as a fee either 'in 1929 or 1931 it would have proved him guilty a policy of title insUrance would be issued in conformity there of practicing law after he went on the bench. He hoped to With. The deed can readily be 1nterl1neFebruary 19, 1931, with regard to the content of the war knew that Mr. Francis considered it partly as a gift and partly ranty clause in those deeds with Mr. Gedney, and he never in payment for your services." denied it. · Judge Ritter said, "All right; I will take it and wipe out On pages 5248 and 5249 we find evidence that there were any claim I have against him for services." Then he said, gathered, according to Gedil.ey's testimony, Mr. Geist,· Mr. "I believed from that moment that any·money I got out of Anderson, and Mr. Francis, none of whom was a lawyer, and that lot would be regarded rightly as returnable." CONGRESSIONAL RECORD-SENATE 5405 · But you did not return it as income of 1931, even after you So here we have the case, conceived in champerty, filed became so conscious. Why? "I did not return it,'' says the in defiance of his client's will, interventions conceived and judge, "because I had not then sold the lot." Very plausibl~. delivered in fraud, and sworn to with the knowledge of per But you remember the next question: "You had not sold 1t jury at the time the pen was touched to paper, and Rankin in 1934, either, when you did return it?" And he said, "No; admits it. Those facts were presented by McPherson to I had not." . Judge Ritter on the bench in his court on October 28, that So his excuses fail. He cannot escape the fact that a part is, with regard to the activities of Walter Richardson, and of his taxable income was not returned. He adm_its that the telegrams and letters, soliciting those interveners. I do himself. So much for that. He did evade the payment of not mean with respect to A. H. Hill. There is no evidence the tax to the Government. that that was brought to his attention. Yet with those facts · He denies that the Francis transaction was returnable. presented to him, we have Judge Ritter saying, "Why, that We submit that it was, and that his amended return in 1934, does not make any difference. That does not disqualify where he scheduled it himself in his words and swore to it as him." He appointed this man Richardson over the protest an attorney's fee, shows that it was properly returnable in of McPherson and in spite of the evidence produced before 1929. Therefore he is guilty on that charge. him there. We have Mr. Bert E. Holland, who came in there telling He admits alro, categorically, in so many words, on page Judge Ritter that he wanted to withdraw or stop the suit, 5384 of the RECORD that he failed to schedule in his 1930 and five witnesses who were there, each corroborated what income-tax return part of the $5,300 of earned income ~ny Mr. Holland said about it. Mr. Holland is so careful of the over and above ·his salary ·for that year. If you can make truth that he would not swear positively that he used the heads or tails out of his 1930 income-tax return you can· do word "dismissed", but four out of the other five witnesses do more than anyone I have seen. But whether it be deducible swear it. He got his idea across to the judge. But what that he owed a tax or not under his 1930 return, he admits happened? In aid of that conspiracy that had been brewed that he concealed $5,300 of taxable income by failing to Judge Ritter said: "The time has come for me to take a show it by even the scratch of a pen. hand in this matter. If my coconspirators are to get the Gentlemen, having run rapidly through those five articles, benefit of this case, I have got to step in and act positively." I want to come now to the two others. I com~ now to dis So he said to Mr. Holland: "You folk from out of the cuss very briefly the Whitehall case. I want to call y~ur State cannot file suits in this court and then come in and attention to a thing which_is utterly abhorr~nt to az:1Y stand ask for dismissal." ard of ethics known to any bar with which most of us are Bert Holland was the only man who could, the only man familiar. The first thing that looms large on the horizon who had. the legal right to do it. A little later, Lautmann, in· the consideration of that case is that_ the client was representing 93 percent of all the bondholders, tried to pro solicited for Rankin with his knowledge and consent. That test, but Judge Ritter most postively and abruptly denied alone, to my way of thinking, makes it a champertous and the request, and in language-so say McPherson and the iniquitous transaction. The duty of lawyers is not to foment others there: "I would not say that his language was re litigation, or to have others do it for them, but their duty is spectful." to keep down litigation wherever possible. '!bat is a well The judge ordered him to sit down when he was trying to known, cardinal principle of professional duty and et~cs. voice the sentiments of 93 percent of all the bondholders. We find, in the next place, that that client, so solicited for So there is... the picture. him with his knowledge and consent, Bert E. Holland, wired The thing goes merrily on. Not one word has been shown to him on October 10 not to file the bill of complaint in his of any legal activity or services which Rankin rendered name. Did he pay attention to that? Not at all. Although during the course of that case. He admits that Ernest Met on October 10 Rankin wired Bert Holland that he had the calf drew the rough· draft of the original bill, and then he ·bill ready and would file it "tomorrow or the next day", after dictated it to a stenographer, incorporating any changes receiving that reply wire from Holland he waited until the that might have occurred to him in con{erence with Melcalf. 11th, and then wired him, "I filed it yesterday afternoon." Gentlemen, there ·is the picture. They go on up to the Yes; it had left Palm Beach. It may have reached Miami concluding chapter in this drama. Seventy-five thousand some time during the 11th before he sent that wire, but he dollars allowed. as a fee, and the only observation which I admits, and you know, that it was locked up, or being con- will take time to make as to that is to ask you if you think .fidentially guarded for the 10 days that Judge Ritter tarried that A. L. Rankin, of whom we have made profert before in New York. Rankin admits under oath that he had the you, is .. a $75,090-:-a-year man, much less a $90,000-a-year ·absolute control over it, .and could have withdrawn the bill man. I am not going to insult your intelligence by arguing .at any moment; and.he could have~ done so. to you that he is worth the money. But we submit that it . But instead. of obeying the instruction of his. client, he was a champertous case to start with, and champerty alone said, "Here is· my chance. I have a week or 10· days now to should deny him the right to any fee. With respect to the tear around and solicit other clients to thwart the will of work that he has detailed as being done, although there are Bert E. Holland, my only client." So he said that Walter many papers filed, 90 percent of them are filed by the re Richardson solicited Kirkland and Shopps to intervene, al ceiver and his attorney and for petitions for Rankin's fees though Rankin himself swore to the intervention for them. to be allowed and paid pendente lite. So he is not entitled ·He says that he himself suggested the name of and got his to even 10 percent of the fee allowed, because he did prac own brother-in:..law, A. H. Hill, of Alabama, to intervene, and tically no work-took no testimony, made no fight. that he swore that he owned that $3,800 worth of bonds, al The mere fact that he agreed to split his fee in half and though he knew that was not true. So we have not only divide it up among the opposing and other counsel in the Rankin permitting. others to do dishonorable and unethical case, shows conclusively that his services were not the basis things in his behalf, but now we have him doing it himself of the allowance of that exorbitant fee. and admitting the crookedness here under oath. And so it goes. You have had the testimony of man We have him then, although he had on the 16th of Octo after man that there is no such thing, in a foreclosure case, ber wired Bert Holland that he would not file an applica under the law of Florida, as a conservation fee, and you tion for receiver for him-we have Rankin then filing in have conclusive evidence in this case that there was no court and swearing to interventions for these three parties. conservation of anything save for the benefit of the con We have him violating, and Judge Ritter participating in spirators, each of whom, if you will pardon the expression, it, rule 22 of Judge Ritter's own court's rules of practice, got a cut of the .swag. That is the case, gentlemen. - because no notice was given to anybody. They had no right This is not the case of a stupid fool ignorantly erring. It to intervene under article 7, or article 8, or any other article is the case of a judge on the bench, of proud lineage, they of the deed of trust, or iaws of Florida. So the lawyers who say, with a distinguished career in Colorado, elevated to testified in this case tell yoo. the bench in Florida, transacting business in the calm, coo~ LXXX-342 5406 CONGRESSIONAL RECORD-SENATE APRIL 13 suave way which he displayed before you on the witness that group of lawyers, represented by many of those in whose stand, a man of outstanding intellect, as is evidenced by presence I am appearing this afternoon, who give something the speech he made to you in testifying. to the public, who give something to their fellow men. That man cannot be excused as ignorant. His ability is Judge Ritter has assumed in every community in which proven by the fact that he has adroitly and plausibly ex he has lived a leadership in those activities which, I believe, plained and tried to cover up his guilt in every one of the the world agrees are commendable on the part of a lawyer. five or six cases in which-he has been caught committing He was selected by the Governor of Colorado as a member of impeachable offenses. the first public service commission of the State. He was the I beg of you that you consider the dignity, the grandeur, lawyer member of that commission. In 30 years of hon the honor of the bench. This man's crimes and misde orable practice in Denver, he rose to the leadership of the meanors would be heinous if they had been committed bar, and all the while engaged in public activities of a volun against one follow man, but he has sinned against the bench tary character, wlth the spirit of a man who looked beyond he occupied and, therefore, against all the people of the his own law office, beyond material gain, beyond the victory United States. This man, we say in the concluding charge, of the courtroom, to the upbuilding of those things which which has nothing whatever to do with the others, has by solidify a community. reason of his conduct, both officially and privately, brought Now, I am going to meet, if I possibly can, every issue that disrepute upon the bench. Confidence in the administration has arisen in this case. I believe I have in my mind and of justice in his court has gone forever. If doubt once heart this afternoon what every Member of this Court has. enters the mind, confidence may never be restored. We talk about other things, but always in my mind has been We ask you to convict, not in passion, not in prejudice, the question of the $5,000 paid by Rankin. Other thingS but because the evidence in this case proves conclusively, need explanation; other things I will be glad to discuss, if I beyond any peradventure or shadow of doubt, what we have the power and time to do so here this afternoon, but I maintain. could not proceed with that in my mind without referring to The clinching argument, which will be made in conclusion it now. on the part of the managers by my distinguished conferee One man paid another man $5,000. The man who re and friend, will demonstrate his guilt of each and every one ceived payment was a judge of one of the highest courts in of these charges. We pray you that the consideration you christendom. He took the $5,000, and he said that it was shall give may be, as we are sure it will be, in the spirit of for a debt, honestly contracted; that it was for an obliga high duty, nobly done. The restoration and preservation of tion voluntarily assumed on both sides; he said it was for the respect for the bench is in your hands. You :fix the the sale of a business. Now, I wish to lay down the propo standard by which judicial conduct is measured. Justice sition, and I will discuss it fully later, that when Judge lives or dies by your decisions. Pull down the pillars of this Ritter took that money he sold his business or be sold his temple, and we all perish. Whatever your conclusion may soul. I want to meet that question fairly and squarely be.;. be rests in the sound and enlightened discretion of Your fore this assemblage. I would remind the Court as I stand Honors. In the performance of your duty, according to the here today that, while in my argument I sum up from the high standard, which we feel sure is fixed in every mind in testimony, Judge Ritter has stood on this platform and ex this Chamber, you shall know no fear nor favor. We reiter posed the innermost· recesses of his heart. He raised his ate that our confidence in the case we have made is un hand and took another oath, a very solemn one before this measured, and we commit it to you confidently in the hope Court, and if he did not tell the truth, then to the despicable that the services we have rendered, according to the man crime of corruption in office he added perjury. date of the House and in the name of the House and all the The gentleman who preceded me said that· the House people of the United States, may not be unavailing to purge managers, after 3 years of investigation, only "caught" acts the bench of this man who, the evidence in this case, we of wrongdoing in four or five cases. I know that he would respectfully submit, shows, has disgraced it. not intend to leave that insinuation. I will take what the For right is right, as God is God! Presiding Officer of this Court said when I took some excep And right the day must win! tion to something else that had been brought in; that this To doubt would be disloyalty I is too high a body, these judges are too alive and sensible To falter would be sin! to their duty and to the great responsibility that devolves The PRESIDENT pro tempore. Do the managers on the upon them to take an insinuation that this man committed part of the House desire to make further argument at this some crime from which he escaped, that he committed some time? crime that was undiscoverable and that is not charged in Mr. Manager SUMNERS. Mr. President, the managers the articles of impeachment. The truth is that they reserve the balance of the time allotted to them for the searched the record in this case from the day he went upon conclusion of the argument in this matter. that benc:h until the day we meet these gentlemen in Miami, The PRESIDENT pro tempore. Counsel on behalf of the as appears from the evidence. respondent have the opportunity to proceed with their argu They took his bank account for every month and every day ment at the present time. and every year, and for the same period they took his wife's ARGUMENT ON BEHALF OF RESPONDENT BY FRANK P. WALSH, ESQ. bank account. '!'hey took his correspondence. They took Mr. WALSH (of counsel). Mr. President and Members of the correspondence not only of Judge Ritter but they took the Court of Impeachment, it would take a man bolder than the correspondence of everybody who might have been con myself to come before this Court hoping to meet the expec nected with him and which would have shown ·anything tation of a tribunal consisting, in such very great measure, wrong or anything disgraceful. I am not going to character of lawyers who have acquitted themselves at the bar before ize -the suggestion that he committed some unnamed crime becoming Members of the greatest legislative body in the and escaped. but -I am going to say that, on the basis of world, sitting upon this occasion as a Court higher in au that record, with those documents, with all that correspond thority, more sweeping in its judgments than any other ence, with all those books, with all those bank accounts, it known to the Constitution of the United States. has been demonstrated that this is an honorable and up I do not feel that I can do very much to enlighten the right man who has been subjected to perhaps the most Court, yet I wish to discuss, fairly and impassionately, the searching investigation of a member of the judiciary in the evidence in this case, and to that I will address myself if I whole history of the United States. have the intelligence and strength to do so. If I depart from the evidence in this case I shall beg the We have a right to look into the surroundings; we have a pardon of my adversaries and feel, as welL that I should right to look into the background not only of this case but of receive the condemnation of this honorable Court. But I this man. I go back briefly to his career in Colorado. He must say now that there is nothing in evidence; there is was not one who devoted himself to the material profits of not a line in aU the correspondente that justly points the the law or to practice of the law exclusively; but he came of finger of suspicion at him, though no effort was spared to 1936 CONGRESSIONAL RECORD-SENATE 5407 find something to his discredit. He was sitting on the bench sion. Rankin was at about the same age as Judge Ritter• . in a community that went through two depressions and two he was reputed to be a good common-law lawyer, and periods of recovery; and if this man is a mYstery, if this Florida, unlike Colorado, where Judge Ritter had practiced man would sell his souL he has had an opportunity to ac for 30 years, was a CIJmmon-law State. quire hundreds of thousands of dollars, instead of placing During the 2 years Judge Ritter was in that partnership himself in the power of another man, giving away all that it was conducted properly. Here were two men in their men love and hold dear, giving away all that -he struggled fifties, starting like boys, starting like Judge Ritter did, first for, the respect of his community, the respect of his wife with his father in Indianapolis, then in Denver. In the and family, giving away everything for $5,000, to be paid second year they had a net of around $10,000 profit out of on the installment plan. their firm and had at the end of 2 years a long list of There is one suspicious circumstance in the matter of the cases, according to the evidence which has been introduced $5,000 payment, and only one, and that is that it was taken here. in cash. I will call attention to the elements in that trans During all that time Judge Ritter kept the books. There action which, to my mind, at least, show that the truth has was no question about that. If it had not been true these been told about it, but I should like, if I can possibly do so, gentlemen representing the House would stirely have shown to come to it in an orderly way and discuss the testimony that it to you here. has been presented here. . Everything that went before the Whitehall case, both after I am not here to praise Judge Ritter, but I saw something he was on the bench and prior to his going on the bench, has manly in him the other day. I believe that a judge been shown to you. He had no reason to believe, and no charged with corruption in a case who could not be aroused notice had been brought to him of any kind, that Judge in the middle of the night and go before his-fellow men and Rankin was not fair and honest in his dealings. vindicate himself and tell the truth about it ought to come The Whitehall property was already in court and in bank in here and plead guilty. He would not be fit to sit upon ruptcy when Judge Ritter took office in February 1929, the any bench otherwise. This man comes here and waives third mortgage was foreclosed and the property sold for every right of a respondent on trial and takes the stand $2,600. That gave the man that bid it in, one of the Moores, himself. the title to that property for $2,600. I am not going to waste time in trying to answer the The evidence. shows that the Moores were planning to argument that he skipped something. That argument is not foreclose the second mortgage, still doing nothing about the in consonance with the argument that he is a brilliant and first mortgage. H. E. Bemis and Martin Sweeny, the actual skillful man, that he should come in and read something to managers and original owners of the Whitehall Hotel, were the Court and omit something else. Those of you who were opposed to that scheme; they were determined to retain con here will recall that many of the witnesses were interro trol of their own property and to organize the bondholders gated on the contents of the trust deed itself. under the first mortgage who had invested out of faith in I objected at the time on the ground that the trust deed their good name and reputation. was the best evidence, but the Presiding Officer overruled my Martin Sweeny is named here as a coconspirator with the objection, so the first opportunity I had, you will recall, I respondent. You heard him on the stand; he needs no de produced the documents covering everything that took place fense from anyone. You know the sort of man his partner, in this case and read it into the RECORD. Mr. Bemis, was. You know that everyone in this case that It was I who read section 7, not Judge Ritter. I read it as said anything of him at all showed that he was a man of a whole, and I read it for the purpose of commenting upon it. parts, a good businessman, a loyal citizen, and a fine friend. I may be wrong about it and the judge may be wrong about Mr. Rankin was asked here, in a searching and sarcastic it, but in my opinion he had a right to do everything he did cross-examination, whether he did not know that the Moores there at the hearing on the receivership on October 28, 1929. were trying to prevent a receivership to save a large amount I would not place my judgment against that of any other of money. I am going to talk from the evidence now, and lawyer who has a different view, but I do say that under the say that was not the purpose at all. I will say that what circumstances there I believe from the evidence that he had they were doing-and I am going to put it straight and a sound basis in law for everything he did. boldly-was trying to steal the property, and that fact is Up to that point there is not a word said against this man, established by the evidence that has been produced here. not a breath of dishonor, not a breath of corruption. You Why do I say that? Martin Sweeny and Mr. Bemis and will recall a great deal of evidence has been put in the Ed Sweeny put in $437,000, buying that place. They were RECORD as to what preceded that meeting when a receiver the ones, when the hurricane came, who endorsed the notes was appointed. I am going to try to discuss it as briefly as for $75,000. They were standing there in Florida, making a possible, but what happened before that time is a very im fight to hold that property. portant piece of history in this case. What was Moore's proposition to them? The testimony I lay down the definition of what a champertous proceed about what happened to the Moores afterward-! shall not ing is, and I say again that this proceeding had no element refer to it here-is a part of the record of the Congress and of champerty in it whatsoever-and why? Because the men of the criminal records of the United States. Moore came who originated this suit, who fought for it, had the greatest and made a proposal-it was read here-that they would interest in the case that anyone had, that any group or any organize a corporation with a capital stock of $25,000 to corporation hacL save and except the first-mortgage .bond take over and manage this concern, and he proposed to them holders, who held $2,500,000 worth of bonds. that they go in and divide the profits in three ways. You We must go back of this hearing to see the flimsiness of heard me ask Martin Sweeny what Moore was to do for that. the charge .that any lawyer, in a conspiracy with a judge, He said, "Give advice, I suppose." fomented this litigation. ·Mr. Rankin has been paraded on Moore had gone in there, and if those men had not been the witness stand to support that charge, which is disproven men of energy and capacity and honesty, and entitled to by every line of sworn testimony in the record of this case. credit from backers who had faith and confidence in their I certainly would not try to be humorous about it, but there ability, he would have ruined them. Those mortgages were must be in your minds what is in my mind, that is, that he all mortgages that came out of the building, and the corpo is the world's worst witness and he is very slow payr ration that did · the building was owned by the Moores. [Laughter.] Moore went to them and proposed to take over that property I am sure you will remember how Mr. Rankin came into and operate it. association with Judge Ritter. Judge Ritter had taken the Moore proposed to get up this corporation and he was to bar examination at Tallahassee and there he met Rankin. have half the profits, and the Sweenys and Mr. Bemis were The exigencies of life brought Judge Ritter there. He was to have the other half. Moore was to get control, and not an interloper; he came to Florida on account of his simply because they refused to yield, I do not believe it is wife's health and went on with the practice of his profes- just to drag Mr. Bemis out of the grave-because he is the 54-08 CONGRESSIONAL RECORD-SENATE APRIL 13 man under whose c:Urection Mr. Rankin was employed-to Let us see what occurred at the hearing on October 28. drag him out of the grave, with his fine reputation, and to Holland had asked in his letter to Rankin October 3 that denounce Martin Sweeny, the one who is alive, as conspira the suit be hurried, and Holland gave the same reason tors in bringing a champertous proceeding! When the Sweeny did. Why should it be hurried? It should be hur proposition was made, these men refused it. You can see ried because the season would open and unless they acted what they said. It is all in writing in the correspondence at once they would lose the bookings which were being held which forms a part of the record in evidence. up in New York. Gentlemen of the Court, I do not know how you feel about Mr. Sweeny, at the request of Mr. Bemis, had recom the matter, but I do not rely very much on the testimony of mended Mr. Rankin as the lawyer to file the Holland bill, anybody who claims to have a memory as to statements as a cross suit for the benefit of all first-mortgage bond made in court or elsewhere, unless there is some document holders. Mr. ·Bemis may have known, or thought, as many a to back it up to show that the verity is there. layman does, that it would be good to hire a man who had The documents are in this case. Moore wrote a letter to been in partnership with a judge. Many of you probably Sweeny when Mr. Bemis was in Paris. He knew the rela have had partnerships with men who were judges before or tionship of these men, and the letter was cleverly worded; after the partnership. I have stated what might have been but as sure, I believe, as I am facing you gentlemen he in the case, but if that was the case the judge did not know it. tended to corrupt those two young men. Mr. Martin Sweeny He was cut off absolutely from any knowledge and cannot be took that letter to his counsel, and, in indignation, told him charged with any responsibility with regard to it. He knew to write a letter in reply that that man would understand. nothing :::.bout the case until it came before him in open There is no use using the language here again. They did court. so; and so the fight went on over the control of that hotel. The charge in the article of impeachment is that Rankin These men wanted it, because it was theirs. These men went to New York in company with Richardson while the wanted it--when I say "these men" I mean the Sweenys and judge was on the bench in Brooklyn and upon that visit he Mr. Bemis-becalise they had put in all of this money, an conspired to bring this action into court. It is the positive original investment of $437,000, and lost their S140.000. eyidence that Richardson never saw the judge about it and They did something more than that, as shown by the evi never spoke to him in regard to it. Three witnesses have dence in this case. It was the name of Bemis, the names sworn, in uncontradicted testimony, that there was no dis of Martin and Ed. Sweeny, that enabled them to book these cussion of the case between Judge Ritter and Rankin. Re wealthy people in the North to go down and stay at that member, this was on the 24th of September. If you want great hotel; and they had a right to do that. They had to conjecture, or to entertain a suspicion, and an unworthy a right to protect their own interests. They had a right to one, of course, there is nothing to prevent you from exercis protect their own names, because many people throughout ing that right; but I ask you as a Court not to allow the sus this country-many of those 7,000 bondholders depended picions of an investigator, and not to allow the conjectures upon them, and I do not believe I exaggerate when I say, of anyone to take the place of positive evidence. judging from the evidence here, that none of them believed There is not a word of evidence that such a conference in Mr. Moore. took place, so that charge is wiped out unless the Court can In that situation, after a conflict of months, Holland be induced to take mere conjecture or suspicion and place it comes into this case. He inquires of Richardson as to against sworn testimony. According to all the uncontra whether the conditions of the first mortgage are being main dicted testimony, none of those men ever talked to Judge tained. "Are they making the payments?" Ritter about it; none of them saw him about it. Rankin Richardson was then trustee in bankruptcy-not by the went there for an express purpose; it was to have an order election of Judge Ritter, who did not come into office for signed in the Highland Glades Drainage District case. The months afterward, but by choice of the creditors, confirmed order was prepared, and Tucker, the receiver, went with him. by the then judge of the court--Richardson wrote Holland They went there for an express purpose, and it is shown by and recommended Metcalf & Hiatt as a firm of lawYers to the fact that the order was signed by Judge Ritter upon that consult on the rights of first-mortgage bondholders. very date. That could not have been a simulated thing, that Mr. Holland went to Martin Sweeny in New York. could not have been a manufactured thing, because it is a Sweeny, acting with Bemis, wanted to get all the bonds part of the court record in an important case. he could. They got the bonds that were afterward put in Then these men were interrogated here-I thought ir Mr. Rankin's name. In this whole case you would think relevantly. Rankin was interrogated as to what that order it was Mr. Rankin who is being tried. The judge knew was about. I do not know why that was done, but it ap absolutely nothing at all about those things. He has sworn peared to me that it was to leave the impression that it was to God that he knows nothing about them, and there is no a bad order, that it was an order which should not have witness who has come forward and given any facts at all been made, that it was to reduce the taxes which should to contradict him. not have been reduced. That was exploded. It was an Holland made a fair agreement with Martin Sweeny and order to reduce taxes, but because later they did not take agreed to become a member of an independent bondholders• the advice of the man who originated the order, involving committee to perform the thing that the Sweenys wanted to a compromise, and therefore the taxes were lost altogether. do and Mr. Bemis wanted to do to foreclose the first mortgage. The House manager who preceded me has intimated that Martin Sweeny and his brother and Mr. Bemis agreed that in the receivership suit the lawyers got together and looted they would guarantee the payment of $200,000, which would the revenues of the Whitehall Hotel. I cannot believe that have paid the interest on the bonds, and not ask for any of the men who were involved in this matter. Rankin is an salaries until they paid that interest out of their successful humble sort. He had not been there practicing in Florida management of the hotel. very long. Counsel would not have you believe, I am sure Holland's name was put on that list and sent down to that Shutts & Bowen, who got a very considerable part of Florida. that fee. went in there to loot anything or to rob anybodY It was in Mr. Sweeny's office in New York that the con of anything. They would not have you believe, certainly, tract was made. It was in Mr. Sweeny's office that Mr. that Mr. Loftin, later the president of the Americ.an Bar Holland arranged for the employment and the sending of Association, or Judge stokes, or Senator Calkins would go in the bonds and their numbers and the data for the suit to there to rob anyone or to do something that was wrong. Mr. Rankin. · I do not believe it, and I know that not a shred of testi Mention is made of the fact that Rankin put some of the mony has been introduced in this case which would directly, bonds used for the intervenors in the name of his brother or by any proper inference, indicate that Judge Ritter had in-law. The judge did not know about that. It has been any knowledge of such a plan or that he contributed to such held over and over again that there is nothing improper a result by any act on the bench or off the bench. about transferring or assigning a,n obligation either to get His word alone should settle that, because that alone into a Federal court or to get out of a Federal court. would be enough in any court to upset any conjecture or 1936- ~ONGRESSIONAL RECORD-SENATE 5409 suspicion or lnference. He says he was surprised when at The answer to the Whitehall Building & Operating Co. the hearing Mr. Holland, the plaintiif, whom he did not had been filed. That answer backed up the charge of fraud, know, was introduced by the lawyer for the defendant. and asked for the appointment of a receiver. Mr. McPher I am not very strong in -the belief that Mr. Lautmann, or son, of the firm of Shutts & Bowen, protested against the Mr. Grill, the young insurance man, or Mr. Fordham, could appointment of a receiver. He did not want a receiver. come in 6 years afterward, where the line of demarcation Moore was operating the new bondholders' committee which was so clooe as to whether a man said on a certain occa Mr. Holland had gotten into. They wanted no receiver for sion, "I want the case to stand as it is", or "I want to dis the same reason that they wanted no receiver when they miss the case", and say with certainty what Holland did at talked to Martin Sweeny about the matter. They wanted that hearing. I cannot believe that, on a line so weak as to take charge of that great property themselves. But that, so dim as that, it is proper to take the belief-because Sweeny and Bemis wanted no such thing. They wanted to it then becomes a matter of belief-of some person who get control of the property to save themselves and the bond heard the words something like 5 or 6 years ago. holders. Mr. McPherson, of the firm of Shutts & Bowen, goes on I desire to say, in passing, that I am afraid my brother the stand here and says that he thinks Mr. Holland said upon the other side inadvertently thinks some of his ques he wanted to dismiss the case, but that he-McPherson tions were testimony. The question was asked whether a .would not be sure of anything except that Mr. Holland mortgage of $300,000 was not afterward put upon that proP was there to see that they should not appoint a receiver. erty; and my recollection of the testimony is that the wit Now, why should they not appoint a receiver? What ness of whom he asked it said he knew of no such thing. was in the judge's mind at the time? He had a duty to I have gone through the record, and I think all that was perform, and on that occasion he had to go by the bill of said about that so-called mortgage was the question as to complaint. He interrogates the gentleman who got up. He whether or not it was put on the property. did not know Holland's background at that time, about his We know reasonably well what took place in the court agreement with Martin Sweeny, about Holland's joining room. Nothing was said about champerty; but when Mr. the bondholders' committee, and the letters he had sent. McPherson saw that the judge, who lived in West Palm There is no doubt that Holland, freely and willingly, and Beach and who knew something about the property, was in of his own accord, without fomenting anything, ar inciting tent upon appointing a receiver, he came back after lunch any human being, went into that matter and, on the advice with the proposition that they should appoint Mr. Bemis. ·of Martin Sweeny, asked Rankin to bring the suit. On that As I said, Sweeny and Bemis were consenting to this mat point there is not a word of countervailing evidence in the ter. When McPherson came back in the afternoon he case. brought two letters. I am not going into those letters again. The record here shows that after Holland entered into I will have to ask you gentlemen of the Court to be content that agreement they formed a general bondholders' com with your memory, unless you want some particular ones mittee at Chicago, to take over the bonds of the Moore read, because it is very difficult for us who have sat at that chain of hotels that went all over the United States. table and who have worked day and night with this matter Sugden-the employer of Holland-was placed upon that to carry all of it in our heads. However, I will say that the committee, and Holland was appointed to a position out of two letters put in evidence, if read alone without the context, which he received, he said, his pay from the persons for might perhaps indicate that the lawyers were gotten into whom he was trustee. The judge, of course, knew nothing the case solely and alone by Mr. Richareson or Mr. Bemis, or about that. Neither did Rankin. So Rankin sent Holland both of them. the telegram which you heard read in evidence, repeating But after the body of those letters came in-not nearly the reason that Holland had theretofore given him about all of them, but those which told the true story, which re the opening of the hotel and the urgency of the matter. created the context· of what was going on, and the effort that It will prevent reading all of this correspondence to refer to was being made-when those letters came in, the matter was Holland's testimony before this Court. made very plain. Now, I wish again to refer to the subject of the receiver I asked him the following: ship. Judge Ritter, who testified positively that he knew Q. In answer to the wire that you sent Mr. Rankin-he sent you a wire, did he not?-A. Yes. nothing about it in advance of the hearing, had every reason Q. In which he urged reasons why you should not refrain from to believe that what was finally done there was satisfactory filing the suit?-A. Yes. to all concerned, to Mr. Bemis, who had the experience the Q. And you took those into conslderation?-A. Yes. year before with Mr. Richardson, and who said that he would Q. And then you sent him a telegram telling him to let the matter remain just as it was, but not to have a receiver a.p not take the receivership himself. pointed?-A. I did. Mr. McPherson :flied his answer and his cross-bill; and in (That telegram was read in evidence.) his answer and cross-bill he asked for the identical relief. He denied the fraud, the antagonism of the trustee under Q. Yes. So when you started down there, the matter was 1n status quo, was it not?-A. Well, that was the standing of the the trust deed to the bondholders in the first trust deed matter; yes. and to the owners; but he came back and asked for the Q. That was the standing of that matter until you got down identical thing that the others asked for. there, was it not? Is that correct?-A. Yes. There was no champerty present. There was no such I took him on further cross-examination to the record in thing as a stranger to that case coming in, which would have which he had testified before the Judiciary Committee of the been necessary to constitute champerty, without any reason House in Miami in 1933. I asked him: except to profit after paying out money to carry on the liti Q. You did not ask Judge Ritter to dismiss this suit?-A. I am gation with an agreement that he should get from the fruits not certain that I did or did not. of the litigation, if successful, division of the property, either in real estate or cash. There was no such thing at all. It Then I read from his testimony before the House commit did not exist. tee, in which he testified that he had said he wanted the case The managers asked the witness question after question, to remain just as it was and in which he made the following "Would you say that that was a proper fee if a man solicited statement: a case? Would you say it was a proper fee if he did this or I stated to the judge that I wished nothing further done 1n that did that?" Well, the judge knew nothing of any solicitation particular case • • • that I wished the case to remain just as it was. or any of the other alleged acts leading up to the :filing of the bill. The manager was examining on a predicate that did not In the testimony here the other day I asked Mr. Holland: exist. There was no champerty in it. If there had been Q. Did you tell him that?-A. If the record so states, I suppose champerty all they would have had to do in the beginning-! I did. do not care when it was, even right down to writing the Q. I am just reading this to refresh your memory. It 1s not a matter of contradiction. Do you now remember that that 1s what final decree-all they would have to do was to come in and you stated ?-A. I so assume. show it; and, as Judge Davis said, they not only would have 5410 CONGRESSIONAL RECORD-SENATE APRIL 13 been removed from tlia! case but they would have been sub- Now we come down to the making of the final decree. ject to prosecution and to disbarm-ent from their profession. Mr. ROBINSON. Mr. President, at this point I should When that case was started it was started in the name uf like to inquire whether it would suit counsel to suspend his Bert E. Holland and others. From the common experience argument this evening -at 5: 15 o'clock and resume in the that we all have at the bar, we know that once the title is morning? given to a case it remains there until the case is finished. Mr. WAI.SH (of counsel>. Yes; it would not only suit me There may be several defendants in a case; there may be and be very agreeable but I should like very much to do it. several plaintiffs in it; but so long as that case is on the I am hurrying through the argument as rapidly as possible, calendar the title of the case remains unchanged. but I am afraid that to conclude will take the balance of the Mr. Rankin was examined and cross-examined. He was time so generously given me. not our witness, but we, of course, readily yielded to the Mr. ROBINSON. Would eounsellike to-suspend now? gentlemen <>n the Qther side the propriety of using him as a Yr. WALSH (of cGUD:SeD. I think it would be well, be- hostile witness and to cross-examine him as though he was cause it is now ahnost the time the Senator has suggested for our witness. When be was pressed .on these questionS, the suspendi.ngA most obvious thing that appeared to me, that might have been to his eredit .or discredit was that he did not seem to ADJOURNMENT FOR DAY A~ wo::::s:a~R SESSIONS ON TUESDAY be able to answer. Mr. ROBINSON. Mr. President, I ask unanimous con- I am going to say this much in his behalf. I could tell sent that the Senate, sitting for the trial of the articles of from the way he acted--and I have no doubt the .Members impeachment, do now adjourn until 12 o'clock noon to of the Court could tell-that he is a man who is very bard morrow; that when the Senate, in legislative session, con of hearing, and he seemed to be trying to follow the lips as eludes its business today it take .a recess until 12 o'clock noon · he went along. Many times I observed, as I think probably tomorrow; and tha,t at not later than 2 o'clock p. m. to the members of the Court did, that he answered before he moiTOw, the Senate, sitting for the trial of the articles of had a clear understanding of the question which was asked impeachment, and the Senate, as in legislative session, take him. · , a recess until12 o'clock noon .on Wednesday next. Rankin came in .after a receiver was appointed and made a . request for a conservation fee. Judge Ritter allowed a nomi- The PRESIDENT pro tempore. Is there objection? The nal advance of $2,5ou. Chair hears none, and the order is made. Judge Ritter referred the matter of fixing the total amount Thereupon (at 5 o'clock and 5 minutes p. m.> the Senate, of the conservation fee to .Judge Akerman. So Rankin went 'Sitting for the trial Qf the articles of impeachment, under to Judge Akerman, and Judge .Akerman comes in here now th~ order previously entered, adjoorned until tomorrow, and says that he signed the order without reading it closely; Tuesday, April 14, 1936, at 12 o'clock meridian. but there is the order. The order states upon its face that LEGISLATIVE SESSION Rankin is to get that fee for services rendered up to that date The Senate proceeded to the consideration of legislative in bringing the assets into court and nothing else. business. Judge Akerman signed that order; and 1 want to suggest Mr. ROBINSON. Mr. President, before the Senate re- to the Court, in all justice, that being the case, it would not cesses under the order previously made, we should. like to be fair to charge the $15,000 fee against Judge Ritter. have a brief legislative session for the convenience of Sen Judge Ritter could not .assume and would not assume that .ators who have more -or less routine business to transact. Judge Akerman would sign that order withont reading it The PRESIDENT pro tempore. The Senate is in legisla- carefully; that he would not read the brief that the lawYer tive session for the transaction of legislative business. in the case presented to him. He testified that Rankin had a brief but he did not pay any attention to it; that he paid MESSAGES FROM THE PRESIDENT AND THE HOUSE no attention to the .application; that he paid no attention February 16, 1929, en secured or thus created, there will appear a cloud on the titled ~ 'An act to amend the act entitled 'An act to readjust title which, on a building like that would be disclosed as a the pay and allowances of the commissioned and enlisted defect costing hundreds of thousands of dollars to correct. personnel of the Army, Navy, Marine Corps, Coast Guard, You gentlemen heard the reading from the testimony Coast and Geodetic Survey. and the Public Health Service', given in Florida that Rankin did nothing from the time he approved June 10, 1922, as amended"; filed the bill until the final decree. Everything that came S. 3453. An aet limiting the operation of sections 109 and into the .case had to be examined. 113 of the Criminal Code and section 190 of the Revised We brought the whole record here. Down to the day the Statutes of the United States with respect to certain counsel; decree was entered there were 174: separate papers .filed. and More than one-half of them were filed by Rankin .himself. S. J. Res.165. Joint resolution directing the Architect o! With the others he had something to do, to pass on them the Capitol to accept a copy of the painting. "Liev Eiriksson or otherwise. Discovers America.n ,1936 CONGRESSIONAL RECORD-SENATE 5411 On March 19, 1936: PETITIONS AND MEMORIAI.S s. 1307. An act to establish the Homestead National Monu The VICE PRESIDENT laid before the Senate the pe.tition ment of America in Gage County, Nebr.; of the Workers' Alliance of America, signed by David Lasser, S. 2664. An act to aid in defraying the expenses of the its president, praying for the adoption of measures for the third triennial meeting of the Associated Country Women of benefit of workers and relief of the unemployed, which was the World, to be held in this country in June 1936; and referred to the Committee on Appropriations. s. 3173. An act for the relief of certain formerly enlisted Mr. TYDINGS presented a resolution adopted by the Mid- . members of Battery D, One Hundred and Ninety-seventh dletown (Md.) AGHA Cincinnati, He also presented a resolution adopted by Madison County Ohio, as a center of music, and its contribution to the art of Pomona Grange, Cazenovia, N. Y., protesting against the music for the past 50 years. enactment of legislation to include national waterways under On April 3, 1936: the jurisdiction of the Interstate Commerce Commission, s. 4212. An act to amend section 2 of the National Housing which was referred to the Committee on Interstate Com Act, relating to the insurance of loans and advances for merce. improvements upon real property, and for other purposes. He also presented a resolution adopted by the board of On April 10, 1936: directors of the Hamburg (N. YJ Chamber of Commerce, s. 2496. An act to amend the Railway Labor Act; protesting against the enactment of the bill Boston (Mass.) Terminal, insisted upon its amendment to the bill (S. 3483) to provide praying for the enactment of the bill (S. 4174) to foster and for rural electrification, and for other purposes, disagreed to protect interstate commerce by authorizing the Interstate by the Senate; agreed to the conference asked by the Senate Commerce Commission to approve or disapprove of the con on the disagreeing votes of the two Houses thereon, and that solidation or abandonment of carrier facilities of public serv Mr. RAYBURN, Mr. HUDDLESTON, and Mr. MAPES were appointed ice, which was referred to the Committee on Interstate Com managers on the part of the House at the conference. merce. PROTECTION OF LITERARY AND ARTISTIC WORKS He also presented a letter in the nature of a memorial from the bureau of transportation and public service of the New The VICE PRESIDENT laid before the Senate a message Bedford (Mass.) Board of Commerce, remonstrating against from the President of the United States, which was read, and, the enactment of the bill (S. 4174) to foster and protect in with the accompanying papers, referred to the Committee on terstate commerce by authorizing the Interstate Commerce Foreign Relations, as follows: Commission to approve or disapprove of the consolidation or To the Congress of the United States: abandonment of carrier facilities of public service, which was I commend to the favorable consideration of the Congress referred to the Committee on Interstate Commerce. the enclosed report from the Secretary of State,. with an He also presented a letter in the nature of a memorial from accompanying memorandum, to the end that legislation may the bureau of transportation and public service of the New be enacted authorizing an appropriation of the sum of $6,500, Bedford (Mass.) Board of Commerce, remonstrating against or so much thereof as may be necessary for the expenses of the enactment of the so-called Pettengill bill, being a bill to participation by the United states in the conference at Brus repeal the fourth section Hong- and short-haul clause) of the sels in 1936 for the purpose of revising the convention for the Interstate Commerce Act, which was referred to the Com protection of literary and artistic works, concluded at Rome, mittee on Interstate Commerce. September 9, 1886, and revised at Rome on June 2, 1928. He also presented letters in the nature of petitions from FRANKLIN D. ROOSEVELT. George W. King & Son and Charles D. Cady Printing Co., THE Wm'l'E HouSE. April 13. 1936. both of Worcester, Mass~ praying for the enactment of the 5412 .CONGRESSIONAL RECORD-SENATE APRIL 13 . bill (S. 4296) to amend section 11 of the act of March 1, 1919 S. 3777. An act to authorize the Secretary of the Treas (40 Stat. 1270), pertaining to printing for the Cklvernment, ury to execute an agreement· of indemnity to the First which' were referred to the Committee on Printing. Granite National Bank, Augusta~, Maine; . He also preSented a letter in the nature of a memorial from S. 3872. An act for the relief of the present leader of the William Minot, of Boston, Mass., remonstrating against the Army Band; and enactment of the so-called Robinson-Patman anti-price S. 4232. An act to create a commission and to extend fur discrimination bill, which was ordered to lie on the table. ther relief to water users on United States reclamation proj REPORTS OF COMliUTTEES ects and on Indian irrigation projects. . Mr. SHEPPARD, from the Committee on Military Af BILLS INTRODUCED fairs, to which was referred the bill (S. 4309) to increase Bills were introduced, read the first time, and, by unani the efficiency of the Air Corps Reserve, reported it with mous consent, the second time, and referred as follows: amendments and submitted a report February 14, 1826. During the intervening time no istrator shall prescribe in order to make credit available for the less than 187 joint resolutions of a similar nature were introduced purposes of this section; and (2) unless the amount of such in Congress. loan, advance of credit, or purchase is not in excess of $2,000, In taking this action Congress was but yielding to a well-nigh except that in the case of any such loan, advance of credit, or unanimous public opinion in favor of direct election, which was purchase made for the purpose of such financing with respect to being made articulate through the contemporary press and period apartment or multiple family houses, hotels, office, business or icals, National and State party platforms, legislative memorials, other commerclal buildings, hospitals, orphanages, colleges, schools, direct petitions, and popular referenda. A -series of disgraceful churches, or manufacturing or industrial plant-s, such insurance legislative deadlocks involving senatorial elections assisted in stir may be granted if the amount of the loan. . advance of credit, or ring Congress to action. purchase is not in excess of $50,000.'" Within 11 months after Congress bad submitted the proposed And the Senate agree to the same. amendment the requisite number of States had· ratified. Only Amendment numbered 8: That the House recede from its dis three (Utah, Rhode· Island, and Delaware) actually rejected it. It agreement to the amendment of the Senate numbered 8, and was officially promulgated as the seventeenth amendment by Sec agree to the same with an amendment as follows: In lieu of the retary of State William J. Bryan on May 31, 1913. matter proposed to be inserted by tho Senate amendment lnsert . The beneficial results have been: (a) Elimination of legislative the following: deadlocks often resulting in no election; (b) encouragement to "SEc. 4. (a) The third sentence of subsection (a) of section 2 the separation of State and National issues in State political cam of the National Housing Act, as amended, is amended to read as paigns; and (c) prevention of the recurrence of certain scandal follows: 'The total liability incurred by the Administrator for aU ous legislative elections. On the other band the change has fre insurance heretofore and hereafter granted under this section and quently' necessitated the expenditure (often legitimate) of enor section 6 shall not exceed in the aggregate $100,000,000.' " mous sums of money to secure election to the Senate, and has And the Senate agree to the same. greatly accentuated the time-consuming nonlegislative functions DUNCAN U. FLETCHER, of our Senators. Furthermore, it has encouraged demagogy. Lit ROBERT F. WAGNER, tle or no change, however, is to be found in such matters as age ~ ROBERT J. BULKLEY, length of service, and the previous occupations of the Senators JAMES COUZENS, elected under the two systems. Popularly elected Senators have JoHN G. ToWNSEND, Jr., had less previous governmental service than their predecessors Managers . on the part of the Senate. prior to 1913. On the other hand the Senate elected by the people T. ALAN GOLDSBOROUGH, bas included more ex-Governors than the Senate chosen by legis M. K. REILLY, latures. Men of great wealth continue to be elected to the Senate. JESSE P. WOLCO'l"l', Managers on the part of the Hoil.se. RECESS Mr. ROBINSON. I move that the Senate take a recess The report was agreed to. until 12 o'clock noon tomorrow. EXPENDITURES FOR COTTON COOPERATIVE8--LETTER FROM The motion was agreed to; and , under the order previously entered, the Senate took Mr. McKELLAR. Mr. President, in connection with Sen a recess, to meet, for the trial of the articles of impeachment ate Report No. 1819, submitted by me and published in last against Halsted L. Ritter, tomorrow, Tuesday, April14, 1936, Friday's CONGRESSIONAL RECORD, I ask unanimous consent to at 12 o'clock meridian. have published in the RECORD at this point a letter received by me from Hon. J. G. TovvNSEND, Jr., a Senator from the NOMINATIONS State of Delaware. Executive nominations received by the Senate April 13 There being no objection, the letter was ordered to be (legU}lative day of Feb. 24>, 1936 ' printed in the RECORD, as follows: DIPLOMATIC AND FOREIGN SERVICE UNITED STATES SENATE, Washington, D. C., April 8, 1936. Fay A. Des Portes, of South Carolina, now Envoy Extraor Bon. KENNETH McKELLAR, dinary and Minister Plenipotentiary to Bolivia, to be Envoy United States Senate, Washington, D. C. Extraordinary ana Minister Plenipotentiary of the United MY DEAR SENATOR: It is my understanding that you, as chair man of the subcommittee which conducted hearings at Memphis, States of America to Guatemala. Tenn., from October 28, 1935, to and including November 28, 1935, R. Henry Norweb, of Ohio, now a Foreign Service officer authorized under Senate Resolution 185, providing for the inves of class 1 and counselor of Embassy at Mexico, Mexico, tigation of the expenditures by the Federal Government for cotton to be Envoy Extraordinary and Minister Plenipotentiary of cooperatives and their losses, are anxious to have the report of the hearings published at an early date. the United States of Amertca to Bolivia. In view of the fact that an early publication of the report is The following-named persons for appointment in the For desired, I have signed it as a member of the subcom.mlttee, with eign Service of the United States of America, as follows: out committing myself either in favor of or against the report, not having been able to attend the bearings nor having the oppor Raymond E. Cox, of New York, now a Foreign Service tunity of studying it fully. officer of class 3 and a secretary in the Diplomatic Service, · I hope you understand my position in the matter and that it to be also a consul general. meets with your approval. J. Webb Benton, of Pennsylvania, now a Foreign Service VVith kind regards, I am. Very truly yours, omcer of class 4 and a secretary in the Diplomatic Service, J. G. TOWNSEND, Jr. to be also a consul. 5414: CONGRESSIONAL RECOR·n·-SENATE APRIL 13 Joseph F. Burt, of Dllnois, now a Foreign Service officer of Maj. Lehman Wellington Miller, Corps of Engineers, from · class 6 and a consul, and Daniel M. Braddock. of Michigan, April 1, 1936, subject to examination required by law. now a Foreign Service officer of class 8 and a consul, to be Maj. Douglas Lafayette Weart, Corps of Engineers, from also secretaries in the Diplomatic Service. April 1, 1936. Ware Adams, of Georgia; William K. Ailshie, of Idaho; Maj. Earl Ewart Gesler, Corps of Engineers, from April 1, Ralph J. Blake, of Oregon; Claude B. Chiperfield, of lllinois; 1936. Albert E. Clattenburg, Jr., of Pennsylvania; Montgomery H. Maj. John French Conklin, Corps of Engineers, from April Colladay, of Connecticut; William S. Farrell, of New York; 1, 1936. R. Borden Reams, of Pennsylvania; Arthur R. Ringwalt, Maj. William Frazer Tompkins, Corps of Engineers, from of Nebraska; William E. Scotten. of California; Elvin Seibert, April 1, 1936. of New York; Llewellyn E. Thompson. Jr., of Colorado; and Maj. Douglas Hamilton Gillette, Corps of Engineers, from Milton Patterson Thompson, of Tennessee, now Foreign April 1, 1936. Service officers, unclassified, and vice consuls of career, to Maj. Paul Alfred Hodgson, Corps of Engineers, from April be also secretaries in the Diplomatic Service. 1, 1936. PuBLIC WoRKS ADMINISTRATION Maj. Donald Angus Davison, Corps of Engineers, from Alvin D. Wilder, of California, to be State director of the April1, 1936. · Public works Administration in California. Maj. Henry Spiese Aurand, Ordnance Department, from Forrest M. Logan, of Indiana, to be State director of the April 1, 1936. Public Works Administration in Indiana. To BE MAJORS P. Francis Hopkins, of Iowa, to be State director of the Capt. George Warren Cooke, Finance Department, from Public Works Administration in Iowa. April 1, 1936. Robert A. Radford, of Minnesota. to be State cllrector of Capt. Shiras Alexander Blair, Air Corps, from April1, 1936. the Public Works Administration in Minnesota. Capt. Franklin Denwood Shawn, Quartermaster Corps, Louis A. Boulay, of Ohio, to be State director of the Public from April 1, 1936. Works Administration in Ohio. Capt. William Henry Johnson, Infantry, from March 5, John Hirst Caton, 3d, of Rhode Island, to be State director 1936. of the Public Works Administration in Rhode Island. Capt. Roland Capel Bower, Quartermaster Corps, from PUBLIC HEALTH SERVICE April 4, 1936. Assistant Surgeon Edward c. Lutton to be passed assistant Capt. Donald Van Niman Bonnett, Infantry, from March surgeon in the United States Public Health Service, to rank 1., ~!;~: Charles stalsburg, Quartermaster corps, from April as such from March 6, 1936. L 1936. APPOINTMENTS, BY TRANsFER, IN THE REGULAR ARMY Capt. Henry John Hunker, Quartermaster Corps, from TO COAST ARTILLERY CORPS April 1, 1936. Second Lt. Robert Emmett Gallagher, Infantry, with rank , Capt. Frederick Eugene Hagen, Quartermaster Corps, from from June 13, 1933. April!, 1936. Capt. Murdock Allen McFadden, Quartermaster Corps, TO QUARTERMASTER CORPS from April 1, 1936. Maj. Theodore Porter Heap, Infantry, with rank from Capt. Clifford Michael Ollivetti, Judge Advocate General's February 28, 1931. Department, from April 1, 1936. Capt. Bradford W. Kunz, Infantry, with rank from March Capt. John Wesley Orcutt, Ordnance Department, from 25, 1932. April 1, 1936. TO FINANCE DEPARTMENT Capt. Vance Whiting Batchelor, Cavalry, from April 1, Maj. William Henry Kasten, Cavalry, with rank from April 1936. 9, 1928. Capt. Norman Paul Williams, Infantry, from April1, 1936. First Lt. John Raymond Gilchrist, Infantry, with rank Capt. Robert Grant Cousley, Infantry, from April 1, 1936. from September 1, 19a4. MEDICAL CORPS TO FIELD ARTILLERY To be major First Lt. Joseph Franklin Trent, Infantry, with rank from Capt. Otis Blaine Schreuder, Medical Corps, from March October 1, 1934. TO AIR CORPS 29, 1936. Second Lt. Jerome Edward -Blair, 2d, Cavalry, with rank DENTAL CORPS from June 12, 1934. To be major Second Lt. Paul Burlingame, Jr., Infantry, with rank from Capt~ James Harvey Pence, Dental Corps, from April 1, June 12, 1934. 1936, subject to examination required by law. Second Lt. Stanley Joseph Donovan, Infantry, with rank from June 12, 1934. . CHAPLAIN I Second Lt. Edward Flanick, Field Artillery, with rank from To be chaplain with the rank ot lieutenant colonel June 12, 1934. Chaplain (Major) Milton Omar Beebe, United States PROMOTIONS IN THE REGULAR ARXY Army, from March 24, 1936. - TO BE COLONELS . . APPOIN'l'MENT IN THE REGULAR ARMY Lt. Col. Abbott Boone, Field Artillery.. from March 24, MEDICAL CORPS 1936. Lt. Col. Barton Kyle Yount, Air Corps, from April 1, 1936. To be first lieutenant with rank trom date of appointment Lt. Col. Den.ham Bohart. Crafton, Infantry, from April 1, First Lt. Frank Hiram Van Wagoner, Medical Corps Re 1936. serve. Lt. Col. William Carroll Christy, Cavalry, from April 1, VETERINARY CORPS 1936. To be first lieutenants with rank from date of appointment Lt. Col. John Logan Jenkins, Infantry, from April 1, 1936. First Lt. Walter Tederoff Carll, Veterinary Corps Reserve. Lt. Col. Charles Henry White, Infantry, from April 1, 1936. Lt. Col. Stanley Livingston James, Signal Corps, from First Lt. Donald Clifford Kelley, Veterinary Corps Reserve. April 1, 1936. PROMOTION IN. -THE PHIWPINE SCOUTS TO BE LIEUTENANT COLONELS TO BE MAJOR Maj. John Scott Smylie, Coast Artillery Corps, from Capt. James Donison Carter, Philippine Scouts. from March 24, 1936. March 24, 1936. 1936 CONGRESSIONAL RECORD-SENATE 5415
APPOINTMENT IN THE NATIONAL GUARD OF THE UNITED STATES Marion R. Buckalew to be postmaster at Roanoke, Ala., GENERAL OFFICER in place of S. H. Tatum, removed. Brig. Gen. Newell Castle Bolton, Ohio National Guard, to William H. Stroud to be postmaster at Verbena, Ala. be brigadier general, National Guard of the United States. Office became Presidential July 1, 1935. Velma F. Todd to be postmaster at Wilson Dam, Ala. APPOINTMENTS AND PROMOTIONS IN THE NAVY Office became Presidential April 1, 1934. Lt. Charles H. Murphy to be a lieutenant commander in Gladys M. Bomar to be postmaster at Woodward, Ala., in the NavY from the 1st day of July 1935. place of G. M. Bomar. Incumbent's commission expires Lt. John T. Bottom, Jr., to be a lieutenant commander in June 1, 1936. the NavY from the 1st day of September 1935. ALASKA Lt. William Hibbs to be a lieutenant commander in the NavY from the 1st day of January 1936. Charles A. Sheldon to be postmaster at Seward, Alaska, Lt. (Jr. Gr.) Herbert E. Schonland to be a lieutenant in in place of C. A. Sheldon. Incumbent's commission expires the NavY from the 1st day of September 1935. June 1, 1936. The following-named lieutenants (junior grade) to be ARIZONA lieutenants in the NavY from the 1st day of October 1935: William I. Welker to be postmaster at Bowie, Ariz., in place Andrew E. Harris of W. I. Welker. Incumbent's commission expires June 23, Edwin R. Swinburne 1936. Lt. (Jr. Gr.> Virgil F. Gordinier to be a lieutenant in the NavY from the 4th day of October 1935. ARKANSAS The following-named lieutenants (junior grade) to be Alfred J. Jefferies to be postmaster at Clarendon, Ark., lieutenants in the NavY from the 1st day of November 1935: in place of A. J. Jefferies. Incumbent's commission expires Arthur B. Thompson July 7, 1936. James M. Smith Lawrence H. Green to be postmaster at Crawfordville, Ark., Lt. (Jr. Gr.> Percy H. Lyon to be a lieutenant in the NavY in place of K. S. Rolley. Incumbent's commission expired from the 1st day of December 1935. January 11, 1936. The following-named lieutenants (junior grade) to be lieu- Bennie H. Lucy to be postmaster at Elaine, Ark., in place of tenants in the NavY from the 1st day of January 1936: J. D. _Lowrie. Incumbent's commission expired March 23, Paul M. Clyde Gordon B. Rainer 1936. Charles W. Truxall Richard A. Guthrie Hazel P. Screeton to be postmaster at Hazen, Ark., in place The following-named passed assistant paymasters to be of C. A. Proctor. Incumbent's commission expired March 23, paymasters in the NavY, with the rank of lieutenant com 1936. mander, from the 1st day of June 1934: Rhetta L. Cooper to be postmaster at Hughes, Ark., in place Matthew T. Betton of R. L. Cooper. Incumbent's commission expires May 26, Clark H. Miley 1936. Assistant Paymaster Philip White to be a passed assistant Paul B. Garrett to be postmaster at Okolona, Ark., in place paymaster in the NavY, with the rank of lieutenant, from of B. 0. Phelps. Incumbent's commission expired February the 1st day of August 1935. 5, 1936. The following-named radio electricians to be chief radio Gertrude A. Parrish to be postmaster at Rector, Ark., in electricians in the NavY, to rank with but after ensign, from place of E. A. Casner. Incumbent's commission expired Jan the 1st day of October 1935: uary 11, 1936. Louis S. Butler Faun S. Fritts James A. Watson to be postmaster at Springdale, Ark., in Thomas C. Thrasher Robert E. Trapeur place of J. R. Joyce. Incumbent's commission expired April The following-named pharmacists to be chief pharmacists 1, 1936. in the NavY, to rank with but after ensign, from the 1st day Joe Davidson to be postmaster at Winslow, Ark., in place of of October 1935: R. L. Maddox. Incumbent's commission expires April 27, Willard C. Calkins Clyde V. CUson 1936. Ericson Fernquist Ralph W. Price CALIFORNIA Carl J. Stommel Winfred E. Robb to be postmaster at Arlington, Calif., in MARINE CORPS place of J.D. Myers. Incumbent's commission expired March Maj. Gilder D. Jackso~ Jr., to be a lieutenant colonel in 29, 1936. the Marine Corps from the 1st day of December 1935. Samuel E. Burum to be postmaster at Dinuba, Calif., in Maj. Fred G. Patchen to be a lieutenant colonel in the place of A. G. Beerman. Incumbent's commission expired Marine Corps from the 9th day of February 1936. March 17, 1936. First Lt. James Snedeker to be a captain in the Marine Clyde Burgett to be postmaster at El Segundo, Calif., in Corps from the 27th day of March 1936. place of L. P. James. Incumbent's commission expires May First Lt. John D. Blanchard to be a captain in the Marine 10, 1936. Corps from the 1st day of April 1936. Sidney C. Moon to be postmaster at Hemet, Calif., in place POSTMASTERS of N. S. Dilworth. Incumbent's commission expired March 17, 1936. ALABAMA Irene F. Tallis to be postmaster at Hilts, Calif., in place of Troy A. Phillips to be postmaster at Altoona, Ala., in place B. W. Miller, deceased. of John Thompson. Incumbent's commission expired Feb Linnie Jouett to be postmaster at Hobart Mills, Calif., in ruary 9, 1936. place of Linnie Jouett. Incumbent's commission expires June William Lee English to be postmaster at Elba, Ala., in 28, 1936. place of J. W. Maddox, removed. Eugene Francis O'Donnell to be postmaster at Holl.!ster, Sister Mary Teresa to be postmaster at Holy Trinity, Ala., Calif., in place of Daniel McCloskey. Incumbent's commis in place of Sister Mary Teresa. Incumbent's commission sion expires May 10, 1936. expires May 19, 1936. Paul Vernon Howell to be postmaster at Needles, Calif., in Ruth K. Bullard to be postmaster at Lockhart, Ala., in place of E. G. Farmer. Incumbent's commission expires place of R. K. Bullard. Incumbent's commission expired May 10, 1936. · February 9, 1936. Clara Belle Daly to be postmaster at Montrose, Calif., in George B. Pickens to be postmaster at Moundville, Ala., place of F. W. Brown. Incumbent's commission expires May in place of G. B. Pickens. Incumbent's commission expires 10, 1936. May 19, 1936. Jasper L. Moss to be postmaster at Morgan Hill, Calif., in Lillian J. Arnold to be postmaster at Pisgah, Ala., in place place of C. G. Barnes. Incumbent's commission expired of S. B. Wininger, deceased. January 26, 1936. 5416 CONGRESSIONAL RECORD---:SENATE APRU. 13 Hugh L. Appling to be postmaster at Oakdale, Calif., in Rhubert R. German to be postmaster at Delmar, Del., in' place of W. N. Garland. Incumbent's commission expired place of R. R. Gennan. Incumbent's commission expired January 9, 1936. February 24, 1936. Gertrude Ford to be postmaster at Pacific Palisades, Calif .. FLORIDA in place of F. E. Buckner. Incumbent's commission expired Thomas J. Bulford to be postmaster at Hilliard, Fla., in January 9, 1936. place of T. J. Bulford. Incumbent's commission expired Frederick W. Kickbush to be postmaster at San Bruno, March 28, 1936. Calif., in place of G. G. Hughes. Incumbent's commission Maggie B. Hardin to be postmaster at Pass-A-Grille Beach, expired January 26, 1936. Fla., in place of E. C. McPherson. Incumbent's commission Frank R. Harwood to be postmaster at Santa Ana, Calif., expired January 9, 1934. in place ofT. E. Stephenson, resigned. GEORGIA Walter S. Young to be postmaster at Spreckels, Calif., in Chessie M. Pelfrey to be postmaster at Roswell, Ga.• in place of D. L. Plant. Incumbent's commission expired De place of E. H. Wood. Incumbent's commission expired Janu cember 16, 1934. ary 7, 1936. Morgan J. Kavanagh be postmaster at Trona, Calif., in to Jett M. Potts to be postmaster at West Point. Ga.• in place place of M. J. Kavanagh. Incumbent's commission expires of J. M. Potts. Incumbent's commission expired February June 20, 1936. _ 5, 1936. J. Howard Clark to be postmaster at Tulare, Calif., in Walter R. Hall to be postmaster at Young Harris. Ga., in place of R. c. Odell. Incumbent's commission expired March place of T. R. Berry. Incumbent's commission expired Feb 17, 1936. ruary 17, 1936. Milburn M. Brame to be postmaster at Turlock, Calif., in place of W. M. Brown. Incumbent,s commission expired IDAHO March 17, 1936. Clarence M. Friend to be postmaster at Elk River, Idaho, in place of Norman O'Donnell. Incumbent's commission COLORADO expired March 22. 1934. Roscoe D. Mutz to be postmaster at Fowler, Colo., in place ILLINOIS of B. H. Glaze. Incumbent's commission expired March 18, John R. Engleman to be postmaster at Bellwood, Dl., in 1936. place of Herman Meyer. Incumbent's commission expired Joseph B. Perkins to be postmaster at Fruita, Colo., in December 20, 1932. . place of L. H. Dewey. Incumbent's commission expired Louis D. Fuess to be postmaster at Mount Olive, Til., in January 22, 1936. place of H. J. Troeger. Incumbent's commission expired George W. Snider be postmaster at Granby, Colo., in to January 7, 1936. place of Frances Lessley. Incumbent's commission expired Harry L. Roberts to be postmaster at Mulberry Grove, ill.• April 4, 1936. . in place of F. H. Creswick. Incumbent's commission expired Clyde D. Moslander to be postmaster at Grand JunctiOn, February 9, 1936. Colo., in place of C. B. Pond. Incumbent's commission ex Wilbert E. Poos to be postmaster at Trenton. m. in place pires April 27, 1936. of H. A. Eisenmayer. Incumbent•s commission expired Jan Charles M. Burrell to be postmaster at New Castle, Colo., uary 7. 1936. in place of E. A. Weller. Incumbent's commission expired Clarence N. Ginther to be postmaster at West Salem. m, January 22, 1936. in place of H. J. Busefink. Incumbent's commission expired AnnaL. Grabow to be postmaster at Ouray, Colo.• in place January 28, 1936. of Anna Richards. Incumbent's commission expired Janu INDIANA ary 22, 1936. Meryl D. Haynes to be postma.Ster at Seibert, Colo., in Nathan P. Lewis to be postmaster at Campbellsburg, Ind., place of z. M. Hutchens. Incumbent's commission expired in place of s. c. Morgan. Incumbent's commission expired January 28, 1936. January 22, 1936. Floyd E. Cooper to be postmaster at Silverton, Colo., in William H. Ashba to be postmaster at Delphi, Ind., in place place of E. F. Sutherland. Incumbent's coiillllission expires of B. s. Balser. Incumbent's commission expired January June 10, 1936. 9, 1936. Mark s. Cole to be postmaster at Yampa, Colo., in place Robert c. Mayhall to be postmaster at Edinburg, Ind., in of J. c. Wilson. Incumbent's commission expired February place of J. A. Thompson. Incumbent's commission expired 26, 1936. January 9, 1936. Matthew Halbig to be postmaster at Haubstadt, Ind., in CONNECTicuT place of c. W. Bertram. Incumbent's commission expired William S. Meany to be postmaster at Greenwich, Conn., January 9, 1936. in place of Joseph Brush, removed. John Nichols to be postmaster at Odon, Ind., in place of Evelyn P. Estabrooks to be postmaster at Hampton, Conn. D. M. Hayes. Incumbent's commission expired January 9, . Office became Presidential July 1, 1935. 1936. Martin J. Donahue to be postmaster at Litchfield, Conn., Fonzo Martin to be postmaster at Shelburn, Ind., in place in place of W. B. Allen. Incumbent's commission expired of A. W. Hill. Incumbent•s commission expired January 9, January 9, 1936. 1936. James T. Kelley to be postmaster at New Canaan, Conn., Elijah A. Gebhart to be postmaster at Warren, Ind., in in place of W. B. Simon. Incumbent's commission expired place of V. U. Slater. Incumbent's commission expired February 10, 1936. January 9, 1936. James c. Bransfield to be postmaster at Portland, Conn., IOWA in place of E. S. Lewis. Incumbent's commission expires Rose M. Fischbach to be postmaster at Granville, Iowa, in June 1, 1936. place of R. M. Fischbach. Incumbent's commission expires Daniel G. Sullivan to be postmaster at Watertown, Conn., June 1, 1936. 1n place of J. V. Abbott. Incumbent's commission expired Vern U. Waters to be postmaster at Havelock, Iowa, in January 9, 1936. J. Edward LaCroix to be postmaster at Yalesville, Conn., place of v. U. Waters. Incumbent's commission expires June 23, 1936. in place of W. T. McKenzie. Incumbent's commission ex Louis A. Hasselbrink to be postmaster at Kellogg, Iowa, in pired December 16, 1933. place of C. W. Woodward. Incumbent's commission expired DELAWARE January 12, 1936. Byron c. Dunn to be postmaster at Camden, Del, in place Joseph L. Lichty to be postmaster at Luverne, Iowa, in of s. w. Miller. Incumbent's commission expired January place of H. H. Phillips. Incumbent's commission expired 27, 1936. January 12, 1936. 1936 CONGRESSIONAL RECORD-SENATE 5417 George M. Smith to be postmaster at North English, Iowa, Francis M. Stocker to be postmaster at Yates Center, in place of L. A. Lawler. Incumbent's commission expired Kans., in place of J. F. Allen. Incumbent's commission ex January 12, 1936. pired January 8, 1936. Clifford P. Shane to be postmaster at New Virginia, Iowa, KENTUCKY 1n place of A. J. Irwin. Incumbent's commission expired Jan Stanley H. Jones to be postmaster at Fort Knox, Ky., in uary 12, 1936. place of J. A. Hargan. Incumbent's commission expires Viola F. McCartan to be postmaster at Pocahontas, Iowa, May 19, 1936. in place of S. L. Mcintire. Incumbent's commission expired George M. Roach to be postmaster at Fulton, Ky., in place January 12, 1936. of C. P. Freeman, resigned. Hattie Bandy to be postmaster at Redfield, Iowa, in place Anna May Moore to be postmaster at Hazard, Ky., in of H. F. Chance, deceased. place of Dewey Daniel. Incumbent's commission expired Lyman L. DeFreece to be postmaster at Sidney, Iowa, in April 4, 1~36. place of R. B. Laird. Incumbent's commission expired June Isaac N. Combs to be postmaster at Lexington, Ky., in 19, 1933. place of G. R. Warren, retired. Peter T. Belgard to be postmaster at Tipton, Iowa, in place George J. Covington to be postmaster at Mayfield, Ky., in of T. c. Moffit, removed. place of C. T. Winslow, resigned. . KANSAS Benjamin F. Shepard to be postmaster at Wayland, Ky., Julia G. Christy to be postmaster at Altamont, Kans~ in in place of B. F. Shepard. Incumbent's commission expired place of F. E. George. Incumbent's commission expired March 10, 1936. March 23·, 1936. LOUISIANA Lloyd A. Johnson to be postmaster at Belleville, Kans., in George E. Johnson to be postmaster at Boyce, La., in place place of W. T. Perry. Incumbent's commission expires April of J. T. Boone. Incumbent's commission expired December 27, 1936. 16, 1934. Earl Hoefgen to be postmaster at Burden, Kans~ in place Moise Bellard to be postmaster at Church Point, La., in of J. R. Galyon. Incumbent's commission expired January place of J. R. Murrel Incumbent's commission expired Jan 8, 1936. uary 28, 1936. Otho E. McMullen to be postmaster at Courtland, Kans., John A. Moody to be postmaster at Cotton Valley, La., in in place of E. L. Kier. Incumbent's commission expires April place of J. A. Moody. Incumbent's commission expires May 27, 1936. 3, 1936. Roy E. Wetherall to be postmaster at Cunningham, Kans., Veronica J. Lambert to be postmaster at Goodhope, La., in place of H. B. Gibbens. Incumbent's commission expires in place of J. G. Bourgeois, Sr., removed. May 10, 1936. Ella A. McDowell to be postmaster at Hodge, La., in place Clarence H. Johnson to be postmaster at Enterprise, Kans., of E. A. McDowell. Incumbent's commission expires May in place of c. E. Meyer. Incumbent's commission expired 23, 1936. February 5, 1936. Lillian D. Gayle to be postmaster at Independence, La., in Gay Small to be postmaster at Galva, Kans., in place of place of L. D. Gayle. Incumbent's commission expired J. I. Cramer. Incumbent's commission expired January 8, March 10, 1936. 1936. Fred E. Callaway to be postmaster at Jonesboro, La., in Jack Butcher to be postmaster at Garnett, Kans., in place place of F. E. Callaway. Incumbent's commission expires of A. M. Graves, deceased. June 23, 1936. Otis Barngrover to be postmaster at Hamilton, Kans., in Mildred P. Prescott to be postmaster at Lutcher, La., in place of R. R. Carson. Incumbent's commission expired place of M. P. Prescott. Incumbent's commission expires February 5, 1936. June 1, 1936. Laurence C. Forker to be postmaster at Haven, Kans., in John E. Butler, Jr., to be postmaster at Port Allen, La., in place of L. B. Blachly. Incumbent's commission expired Feb place of J. E. Butler, Jr. Incumbent's commission expires ruary 5, 1936. May 23, 1936. Otho M. Koontz to be postmaster at Jetmore, Kans., in Stephen 0. Wilson to be postmaster at Vivian, La., in place of J. A. McDowell. Incumbent's commission expired place of S. 0. Wilson. Incumbent's commission expires June February 19, 1936. 23, 1936. Joseph M. Steffen to be postmaster at Neodesha, Kans., MAINE in place of Ernest Toomey. Incumbent's commission ex Lyman Ellis to be postmaster at Canton, Maine, in place of pired February 6, 1934. R. A. Bessey. Incumbent's commission expired March 28, Chester M. Cook to be postmaster at Ness City, Kans., in 1936. place of L. T. Miller. Incumbent's commission expired Frank X. Oakes to be postmaster at Fairfield, Maine, in February 5, 1935. place of C. W. McClintock. Incumbent's commission expires Edwin Fitzgerald Hammond to be postmaster at Osage April 27, 1936. City, Kans., in place of H. F. Kiesow. Incumbent's commis William Gerald Jordan to be postmaster at Fryeburg, . sion expired January 8, 1936. Maine, in place of J. E. Sargent. Incumbent's commission · Mason V. Dunlap to be postmaster at Osawatomie, Kans., expired January 7, 1936. in place of K. 0. Ranney. Incumbent's commission expired Wade P. Clifton to be postmaster at Greenville Junction, January 8, 1936. . Maine, in place of W. P. Clifton. Incumbent's commission Fred SWisher ·to be postmaster at Pratt, Kans., in place expired February 17, 1936. of A. P. Barrett. Incumbent's commission expires May 19, Marita E. Peabody to be postmaster at Houlton, Maine, in 1936. place of P. N. Burleigh. Incumbent's commission expired Jeannette Byrnes to be postmaster at St. Marys, Kans., January 22, 1935. in place. of A. E. Kerns. Incumbent's commission expired Embert Worcester to be postmaster at Phillips, Maine, in January 8, 1936. place of C. E. Toothaker. Incumbent's commission expired Harry D. Burke to be postmaster at Severy, Kans., in March 28, 1936. · place of A. M. Ludvickson. Incumbent's commission ex Eugene P. Lowell to be postmaster at South Paris, Maine, pired March 10, 1936. in place of E. R. Clifford. ·Incumbent's commission expired Anna L. Hicks to be postmaster at Sharon Springs, Kans., January 7, 1936. . in place of G. E. WoodhoUse, Jr., removed. Maynard A. Lucas to be postmaster at Union, Maine, in Bessie M. Anderson to be postmaster at Tribune, Kans., in place of C. W. Mitchell. Incumbent's commission expired place of F.-A. Moore, deceased. March 10, 1936. Grover P. Nutt to be postmaster at Waverly, Kans.. in Howard F. Wright to be postmaster at Wilton, Maine, in place of c. E. Painter. Incumbent's commission expired place of G. E. Sands. Incumbent's commission expired January 8, 1936. March 10, 1936. 5418 _CONGRESSIONAL RECORD-S~NATE APRIL 13 Mildred A. Holbrook to be postmaster at Wiscasset, Maine, Esther Bacon to be postmaster at Pillager, Minn., in place in place of P. B. Stinson. Incumbent's commission expired of L. M. Bennett, resigned. March 10, 1936. Alfred Granner to be postmaster at Underw<><>d, Minn., in MARYLAND place of Alfred Granner. Incumbent's commission expires T. Francis Martin to be postmaster at Esse~ Md., in place April 12, 1936. of J. J. Banz, resigned. Robert L. Bard to be postmaster at Wheaton, Minn., in MASSACHUSETTS place of E. F. Joubert. Incumbent's commission expired February 20, 1935. Richard E. O'Brien to be postmaster at Ballard Vale, Mass., in place of G. R. Bruce. Incumbent's commission expired MISSISSIPPI January 9, 1936. James T. Skelton to be postmaster at Goodman, Miss., in Alphonse E. Roberts to be postmaster at Chicopee Falls, place of J. T. Skelton. Incumbent's commission expires May Mass., in place of A. E. Roberts. Incumbent's commission 23, 1936. expires June 10, 1936. Cornelius V. Thurmond to be postmaster at Mound Bayou, John A. Bell to be postmaster at Leicester, Mass., in place Miss., in place of C. V. Thurmond. Incumbent's commission of J. A. Bell. Incumbent·~ commission expires April 27, 1936. expired March 23, 1936. :r.o:cmcAB MISSOtJP Joseph H. Hardgrove to be postmaster at Atlanta, Mo., in James A. Maxwell to be postmaster . at Auburn, Mich. place of A. C. Atterberry. Incumbent's commission expired Office became Presidential July 1, -1935. April 16, 1934. Harold P. Snyder to be postmaster at Bear Lake, Mich., in place of M. E. Jones, removed. Harry 0. Travis is to be postmaster at Belle, Mo., in place of G. R. Steiner. Incumbent's commission expires April 27, William D. Pinkham to be postmaster at Belding, Mich., 1936. in place of J. G. Wilbur. Incumbent's commission expired Roy Clodfelter to be postmaster at Essex, Mo., in place of December 11, 1932. R. A. Prater. Incumbent's commission expired January 9, Anne C. Parsal to be postmaster at Benton Harbor, Mich., 1936. in place of W. E. Banyan, retired. George Petrus to be postmaster at Hermann, Mo., in place Samuel Robinson to be postmaster at Charlotte, Mich., in of J. M. Schermann. Incumbent's commission expired March place of M. H. DeFoe. Incumbent's commission expired 10, 1936. January 25, 1936. Ruby M. Farr to be postmaster at Kingston, Mo., in place Delwin J. McDonald to be postmaster at Cheboygan, Mich., of M. W. Duston. Incumbent's commission expires June 1, in place of A. R. Gerow. Incumbent's commission expired 1936. March 10, 1936. Newton E. Young, Sr., to be postmaster at La Plata, Mo., Francis Jackson to be postmaster at Clare, Mich., in place in place of W. T. Robinson. Incumbent's commission expired of L. E. Davy. Incumbent's commission expired January 7, February 9, 1936. 1936. John Y. Glasscock to be postmaster at Maysville, Mo., in Elizabeth H. Ronk to be postmaster at Clarkston, Mich., place of J. B. Wilson. Incumbent's commission expires April in place of Floyd Andrews. Incumbent's commission expired 27, 1936. February 5, 1936. · George E. Scott to be postmaster at New Hampton, Mo., in Frank H. Crowell to be postmaster at East Jordan, Mich., place of J. B. Chipp. Incumbent's commission expires June in place of W. A. Stroebel. Incumbent's commission expired 10; 1936. . February 5, 1936. Mary S. McMahill to be postmaster at Osborn, Mo., in Joseph J. Voice to be postmaster at Fife Lake, Mich., in place of Anna Everett. Incumbent's commission expires place of J. J. Voice. Incumbent's commission expires June April14, 1936. 23, 1936. Edgar E. Smith to be postmaster at OWensville, Mo., in Fred W. Zehnder to be postmaster at Frankenmuth, Mich., place of A. B. Burchard. Incumbent's commission expired in place of W. J. Kern. Incumbent's commission expired February 1, 1936. January 25, 1936. G. Emmett Moore to be postmaster at Parkville, Mo., in Ralph Edward Peterson to be postmaster at Frankfort, place of J. W. Fleming. Incumbent's commission expired Mich., in place of M. E. Chadwick, resigned. February 9, 1936. Robert H. Edsall to be postmaster at Greenville, Mich., in Leonard V. Parker to be postmaster at Plattsburg, Mo., in place of H. I. Walker, transferred. · place of W. A. Porter. Incumbent's commission expired Feb Walter C. Schoof to be postmaster at Imlay City, Mich., in ruary 9, 1936. place of E. E. Secor. Incumbent's commission expired Feb Floyd E. Birkhead to be postmaster at Winfield, Mo., in ruary 5, 1936. place of H. E. Jackson. Incumbent's commission expired James 0. Peet to be postmaster at Ithaca, Mich., in place January 9, 1936. · of F. J. Gibbs. Incumbent's commission expired February 5, Charles H. Oney to be postmaster at Wright City, Mo., in 1936. place of C. F. Strack. Incumbent's commission expired Feb William A. Seegmiller to be postmaster at Owosso, Mich., ruary 9, 1936. in place of 0. L. Sprague. Incumbent's commission expired NEBRASKA ·January 25, 1936. · Carl K. McCleery to be postmaster at Blue Hill, Nebr., in Frank Knight Learned to be postmaster at Plymouth, place of c. K. McCleery. Incumbent's commission expired Mich., in place of B. E. Giles. Incumbent's commission ex January 25, 1936. pired March 22, 1936. Ethel Talcott to be postmaster at Crofton, Nebr., in place Myron L Lutz to be postmaster at Pullman, Mich. Office of Ethel Talcott. Incumbent's· commission expire~ May 23, became Presidential July 1, 1935. 1936. La in Arthur J. Bo to be postmaster at Rockwood, Mich., Frank Ainsworth to be postmaster at Exeter, Nebr., in place of W. F. Cunningham, removed. place of Frank Ainsworth. Incumbent's commission ex MINNESOTA pires July 7, 1936. Paul B. Sanderson to be postmaster at Baudette, Minn., in Merwyn C. Johnson to be postmaster at Hyannis, Nebr., in place of P. B. Sanderson. Incumbent's commission expired place of M. C. Johnson. Incumbent's commission expired March 31, 1936. February 10, 1936. Alvin A. Ogren to be postmaster at New London, Minn., in Charles Hugh Miner to be postmaster at Red Cloud, Nebr., place of A. A. Ogren. Incumbent's commission expires April in place of E. S. Garber. Incumbent's commission expired 29, 1936. February 9, 1936. 1936 CONGRESSIONAL RECORD-SENATE 5419 Albert E. Pratt to be postmaster at Tobias, Nebr., in place Samuel Eugene Potts to be postmaster at ffighlands, N.C., of A. E. Pratt. Incumbent's commission expires May 23, 1936. in place of E. C. Cleaveland. Incumbent's commission ex NEW HAMPSHIRE pired February 25, 1935. Robert L. Mattocks to be postmaster at Maysville, N. C. Ernest L. Richardson to be postmaster at Conway, N. H., Office became Presidential July 1, 1935. in place of A.M. Sloans, resigned. Howard W. Moody to be postmaster at Murphy, N.C., in Mary L. Doyle to be postmaster at Hillsboro, N. H., in place of Thelma Dickey. Incumbent's commission expired place of J. C. Parker, deceased. March 10, 1936. Charles L. McGinness to be postmaster at Troy, N.H., in Samuel D. Mauney to be postmaster at Newton, N.C., in place of H. E. Gates. Incumbent's commission expired Feb place of D. M. Cloninger. Incumbent's commission expired ruary 5, 1936. March 17, 1936. NEW JERSEY Everetts. Stevens to be postmaster at Smithfield, N.C., in George J. Imley to be postmaster at Allenhurst, N. J., in place of J. C. Stancil. Incumbent's commission expired April place of A. E. Hoffman. Incumbent's commission expired 4, 1936. February 19, 1936. Kate Reagan to be postmaster at Weaverville, N. C., in Reuben Coyte to be postmaster at Coytesville, N. J.,in place place of R. E. CarmichaeL Incumbent's commission expired of Reuben Coyte. Incumbent's commission expired February March 10, 1936. 9, 1936. . NORTH DAKOTA Raymond A. McGrath to be postmaster at Cresskill, N.J., in place of W. R. Mayer. Incumbent's commission expired Ethel L. Powers to be postmaster at Lawton, N. Dak. Office February 25, 1935. became Presidential July 1, 1935. Raymond W. McGreevey to be postmaster at Manasquan. Chase E. Mulinex to be postmaster at Tolley, N.Dak., in N.J., in place of G. C. Kloss. Incumbent's commission ex place of C. E. Mulinex. Incumbent's commission expired pired January 9, 1936. March 10, 1936. John N. Rumley to be postmaster at Towaco, N.J., in place omo of L. L. Jacobus. Incumbent's commission expired December Walter J. Miller to be postmaster at Beach City, Ohio, in 16, 1934. place of A. B. Wingate, resigned. NEW MEXICO Weston Thomas Dressel to be postmaster at Belpre, Ohio, Helen B. Hickman to be postmaster at Hurley, N.Mex., in in place of P. W. Athey. Incumbent's commission expires place of H. B. Hickman. Incumbent's commission expires June 1, 1936. July 13, 1936. James A. Hart to be postmaster at Beverly, Ohio, in place of N. J. Taylor. Incumbent's commission expires June 1, NEW YORK 1936. Agnes G. Polley to be postmaster at Andes, N. Y., 1n Louis J. Elsaesser to be postmaster at Canton, Ohio, in place of D. M. Dickson. Incumbent's commission expired place of H. H. Weiss, deceased. May 2, 1934. Howard 0. Ward to be postmaster at CUmberland, Ohio, in Joseph G. Mattes to be postmaster at Avon, N. Y., in place of E. C. Allison. Incumbent's commission expired place of W. J. Leighton. Incumbent's commission expired March 10, 1936. February 20, 1935. Elmyra L. Griswold to be postmaster at Macedonia, Ohio, Will J. DaVY to be postmaster at Bergen, N. Y., in place in place of E. L. Griswold. Incumbent's commission expired of W. J. DaVY. Incumbent's commission expired March 23, January 7, 1936. 1936. John W. Berentz to be postmaster at New Matamoras, Ohio, Perley M. Hall to be postmaster at Carthage, N. Y., in in place of C. T. Cline. Incumbent's commission exPired place of Michael Gleason. Incumbent's commission expired January 22, 1936. . February 4, 1935. Luella Sommers to be postmaster at Ottawa, Ohio, in place Joseph T. O'Donnell to be postmaster at Elizabethtown. of Edwin Sommers, deceased. N. Y., in place of E. E. Wood. Incumpent's commission ex Robert A. Durbin to be postmaster at Stockport, Ohio, in pired February 14, 1935. place of D. M. Lane, deceased. Thomas N. Manion to be postmaster at Ferndale, N.Y., Charles E. Folsom to be postmaster at Smithville, Ohio, in in place of G. H. P. Hackett, deceased. place of c. M. Sauder, resigned. Sarah B. Keenan to be postmaster at Hague, N. Y., 1n Charles Norman Wenzlau to be postmaster at Tippecanoe place of S. H. Scott. Incumbent's commission expired April City, Ohio, in place of Henrietta Bennett. Incumbent's com 22, 1934. mission expires May 3, 1936. Dorothea E. Blum to be postmaster at Hawthorne, N.Y., Charles A. Conry to be postmaster at Wakeman, Ohio, in in place of Alfred Cox. Incumbent's commission expired place of Ben J. Filkins. Incumbent's commission expired December 16, 1933. April 12, 1936. Katherine A. Slattery to be postmaster at Maryknoll, George Geer to be postmaster at Wauseon, Ohio, in place N. Y., in place of K. A. Slattery. Incumbent's commission of C. 0. Eastman. Incumbent's commission expired March expired February 17, 1936. 10, 1936. NORTH CAROLINA Jesse Ralph Short to be postmaster at Winchester, Ohio, in place of E. T. Siddens. Incumbent's commission expired Francis L. Andrews, Jr., to be postmaster at Bethel, N.C., January 7, 1936. in place of W. H. Manning. Incumbent's commission ex Edward J. Westerman to be postmaster at Woodsfield, Ohio, pired March 17, 1936. in place of A. 0. Earley. Incumbent's commission expired Ruth F. White to be postmaster at Colerain, N. C., in place of R. F. White. Incumbent's commission expires June March 10, 1936. 1, 1936. OKLAHOMA Thomas W. Armstrong to be postmaster at Columbia, Mary H. West to be postmaster at Ada, Okla., in place of N. C., in place of B. R. Cohoon. Incumbent's commission J. W. Lewis. Incumbent's commission expired February 5, expires May 19, 1936. 1936. Basil G. Farmer to be postmaster at Elm CitY, N. C., in Gladys E. McEwen to be postmaster at Aline, Okla., in place place of W. C. Thome. Incumbent's commission expired of G. 0. Fields. Incumbent's commission expired February 3, February 9, 1936. 1936. Benjamin Otto Turnage to be postmaster at Farmville, Wayne E. Mead to be postmaster at Allen, Okla., in place N.C., in place of W. G. Gay. Incumbent's commission ex of J. K. Malone. Incumbent's commission expired February pired April 12, 1936. 5, 1936. 5420 CONGRESSIONAL RECORD-SENATE APRIL 13 John C . .Affholder to be postmaster at Blackwell, Okla... in John W. Geraty to be postmaster at Yonges Island, S. C., place of T. H. W. M.cDowell. Incumbent's commission ex in place of J. W. Geraty. Incumbent's commission expires pired March 18, 1934. June 10, 1936. John J. Skinner to be postmaster at Cleveland, Okla., in SOUTH DAKOTA place of 0. A. Gilbert. Incumbent's commission expired Feb Ra!ph L. Chambers to be postmaster at Clear Lake, S. Dak., ruary 1, 1936. in place of C. I. Force. Incumbent's commission expired George J. Martin to be postmaster at Guthrie, Okla., in January 25, 1936. place of F. M. Deselms, removed. Emil P. A. Erdmann to be postmaster at Groton, S. Dak., Hal A. McNutt to be postmaster at Stillwater, Okla., in in place of E. J. Meredith. Incumbent's commission expired place of T. W. Kelly. In-cumbent's commission expired January 25, 1936. February 4, 1935. Arthur A. Van Voorhis to be postmaster at Hitchcock, James F. Nicholson to be postmaster at Talihina, Okla., S. Dak., in place of C. H. Cotton. Incumbent's commission in place of D. W. Robinson. Incumbent's commission ex expired January 25, 1936. pired December 18, 1934. Jolm T. Schneider to be postmaster at Lebanon, S. Dak., OREGON in place of Thorvalt Jordetb. Incumbent's commission ex John B. Wade to be postmaster at Bandnn, Oreg., in place pired January 25, 1936. of A. K. Gallier. Incumbent's commission expired January Anthony J. Rozum to be postmaster at Mitchell, S. Dak., 26, 1936. in place of 0. W. Coursey. Incumbent's commission expired Lawrence G. Allen to be postmaster at Joseph, Oreg., in January 25, 1936. place of C. V. Fairchild, removed. Helen E. Becker to be postmaster at Turton, S. Dak., in Fred Randolph Peat to be postmaster at Lakeview, Oreg., place of H. E. Becker. Incumbent's commission expires June 28, 1936. · in place -of G. W. Johnson. Incumbent's commission expired in January 26, 1936. Victor M. Dalthorp to be postmaster at Volga, S. Dak., Merrill V. Smith to be postmaster at Lebanon. Oreg .• in place of V. M. Dalthorp. Incumbent's commission expired place ofT. R. MacMillan. Incumbent's commission expired January 26, 1936. January 26, 1936. Thomas J. Delaney to be postmaster at Webster, S. Dak., Charles F. Cox to be postmaster at Ontario, Oreg., in place in place of E. A. Wearne. Incumbent's commission expires of P. W. Platt. Incumbent's commission expired February April 27, 1936. 5, 1936. Nick V. Anton to be postmaster at Wessington Springs, Ruth N. Johnson to be postmaster at Sheridan, Oreg., in S.Dak., in place of W. C. Bidleman, deceased. place of G. W. Epley. Incumbent's commission expired TENNESSEE March 23, 1936. Walter E. Nixon to be postmaster at Dayton, Tenn., in PENNSYLVANIA place of B. L. Morgan. Incumbent's commission expired R6oert E. Giles to be postmaster at Coalport, Pa., in place January 7, 1936. of P. S. Lemire. Ineumbent's commission expired February John Cort Sadler to be postmaster at Gainesboro, Tenn., 25, 1935. in place of J. F. Gaines. Incumbent's commission expired Samuel M. Carnell to be postmaster at Dott, Pa., in place February 5, 1936. · of S. M. Carnell. Incumbent's commission expires May 19, TEXAS 1936. Tom Caudle to be postmaster at Ballinger, Tex., in place Marcella T. Pawlowski to be postmaster at Glenlyon, Pa., of J. A. Reese, resigned. in place of Constanty Tarnowski. Incumbent's commission R. Nelson Gray to be postmaster at Bertram, Tex., in place expired January 19, 1933. of Vina Johnson. Incumbent's commission expired January Cleo W. Callaway to be postmaster at Shawnee on Dela 8, 1936. . ware, Pa .~ in place of C. W. Callaway. Incumbent's commis Patrick S. Hendricks to be -postmaster at Midlothian, Tex., sion expires May 3, 1936. in place of A. T. Baggett, Jr., Incumbent's commission ex Oscar F. Sutliffe to be postmaster at Somerset, Pa., in pired February 19, 1936. place of 0. F. Sutliffe. Incumbent's commission expires Thomas B. Higgins to be postmaster at Reagan, Tex., in July 15, 1936. place of T. B. Higgins. Incumbent's commission expired James A. McCoy to be postmaster at Turtle Creek, Pa., in April 4, 1936. place of J. H. Watson. Incumbent's commission expired William J. Davis to be postmaster at Silsbee, Tex., in place December 18, 1934. of W. J. Davis. Incumbent's commission expires May 23, PUERTO RICO 1936. Marie 0. Reyes to be postmaster at .Arecibo, P.R., in place Hattie Waller to be postmaster at Trinity, Tex., in place . of Jose Mayo!, deceased. of R. D. Gilbert. Incumbent's commission e:xPired January Juan V. Hernandez to be postmaster at San Sebastian, 8, 1936. P.R., in place of J. V. Hernandez. Incumbent's commission Edwin C. Dickschat to be postmaster at Washington, Tex., expired March 28, 1936. in place of W. F. Borgstedte. Incumbent's commission ex pired June 2, 1934. RHODE ISLAND Chester L. Lewis to be postmaster at Wheeler, Tex., in James J. Martin to be postmaster at Newport, R.I., in place place of C. L. Lewis. Incumbent's commission expires June ofT. T. Bowler. Incumbent's commission expired February 10, 1936. 3, 1936. VIRGINIA Antonio Prince to be postmaster at Woonsocket, R. I., in Louise J. Taylor to be postmaster at Beaverdam, Va., in place of F. A. Rixford. Incumbent's commission expired place of Noah Markey. Incumbent's commission expired February 9, 1936. March 10, 1936. SOUTH CAROLINA Andrew T. Organ to be postmaster at Chester, Va., in place Robert Emmett Love to be postmaster at Clover, S. C., of C. B. Graves. Incumbent's commissi-on expired January in place of W. L. Gettys. Incu.mbent~s commission expired 18, 1936. January 25, 1936. Charles Alfred Goodykoontz to be postmaster at East Rad James D. Mackintosh to be postmaster at McClellanville, ford, Va., in place of J. M. Nunn. ln~umbent's commission s. C., in place of J. D . Mackintosh. Incumbent's conun1ssion expired March 10, 1936. expires June 10, 1936. John W. Helvey to be postmaster at Emory, Va .• in place George K. Dominick to be postmaster at Newberry, S. c .. 'Of L. A. Merrihue, removed. in place of P. E. Scott. Incumbent's commission ~xpired Jesse T. Hylton to be postmaster a.t Hillsville, Va., in place March 29, 1936. of Clyde DeHaven. deceased. 1936 CONGRESSIONAL RECORD-HOUSE 5421 - Lloyd C. Pulley to be postmaster at Ivor, Va., in place of sary of the founding of the capital of South Carolina ·at C. E. Bristow. Incumbent's commission expired .March 10, Columbia, S.C.; 1936. H. R. 10265. An act to authorize the Secretary of War, the Nannie L. Curtis to be postmaster at Lee Hall, Va., in place Secretary of the Navy, the Secretary of the Interior, the of N. L. Curtis. Incumbent's commission expires May 10, Secretary of Agriculture, and the Secretary of the Treasury 1936. to lend Army, Navy, Cqast Guard, and other needed equip Thomas N. Carruthers to be postmaster at Purcellville, Va., ment for use at the National Jamboree of the Boy Scouts in place of M. R. Piggott. Incumbent's commission expired of America; and to authorize the use of property in the January 18, 1936. District of Columbia and its environs by the Boy Scouts of Claude Neale to be postmaster at Saluda, Va., in place of America at their national jamboree to be held during the Claude Neale. Incumbent's commission expires June 28, summer of 1937; and H. J. Res. 443. Joint resolution to amend Public Resolu 1936. tion No. 31 of the Seventy-fourth Congress, first session, WASHINGTON approved June 17, 1935, so as to extend its provisions to Harvey H. Hartley to be postmaster at Goldendale, Wash., cover the National Boy Scout Jamboree now scheduled to be in place of W. F. Byars. Incumbent's commission expired held in 1937. January 8, 1936. On March 19, 1936: WISCONSIN H. R. 9863. An act making appropriations for the Execu Michael P. Becker to be postmaster at Brillion, Wis.. in tive Office and sundry independent executive bureaus, place of C. H. Kuehl. Incumbent's commission expires April boards, commissions, and offices for the fiscal year ending 27, 1936. June 30, 1937, and for other purposes. Henry J. Thoma to be postmaster at Hartford, Wis., in On March 30, 1936: place of F. M. LeCount. Incumbent's commission expires H. J. Res. 543. Joint resolution making an additional appro April 27, 1936. priation for the fiscal year 1936 for emergency relief of Karl C. Neubauer to be postmaster at Horicon, Wis., in residents of the District of Columbia. place of E. C. Rehfeld. Incumbent's commission expired On April 10, 1936: February 10, 1936. H. R. 381. An act granting insurance to Lydia C. Spry; William Wright to be postmaster at Kewaunee, Wis., in H. R. 605. An act for the relief of Joseph Maier; place of F. A. Hanson. Incumbent's commission expired H. R. 685. An act for the relief of the estate of Emil Hoyer February 10, 1936. (deceased) ; Joseph C. Harland to be postmaster at Mukwonago, Wis., H. R. 762. An act for the relief of Stanislaus Lipowicz; in place of W. F. Martin. Incumbent's commission expired H. R. 977. An act for the relief of Herman Schierhoff; February 10, 1936. H. R. 3184. An act for the relief of H. D. Henion, Harry William Reuschlein to be postmaster at Plain, Wis., in Wolfe, and R. W. McSorley; place of L. J. Bettinger. Incumbent's commission expired H. R. 3254. An act to exempt certain small firearms from January 18, 1936. the provisions of the National Firearms Act; H. R. 3369. An act for the relief of the State of Alabama; Louis J. Albrecht to be postmaster at Sheboyg~ Wis., in place of H. E. Thomas. Incumbent's commission expired H. R. 4439. An act for the relief of John T. Clark, of February 10, 1936. Seattle, Wash.; H. R. 5764. An act to compensate the Grand View Hospital L. Allison McNeight to be postmaster at Stratford, Wis., in and Dr. A. J. O'Brien; place of Mourits Mortenson. Incumbent's commission ex . H. R. 6335. An act for the relief of Sam Cable; pjred February 10, 1936. H. R. 7024. An act to authorize the sale by the United States to the municipality of Hot Springs, N. Mex., the north half of the southeast quarter and the northeast quarter of the HOUSE OF REPRESENTATIVES southwest quarter of section 6, township 14 south, range 4 MONDAY, APRIL 13, 1936 west, New Mexico principal meridian, New Mexico; H. R. 7788. An act for the relief of Mrs. Earl H. Smith; The House met at 12 o'clock meridian. H. R. 8030. An act to authorize a preliminary examination The Chaplain, Rev. James Shera Montgomery, D. D., of Republican River, Smoky Hill River, and minor tributaries offered the following prayer: of Kansas River, with a view to the control of their floods; Lord God of the rolling years, while we walk the changeful H. R. 8032. An act for the relief of the Ward Funeral ways of time. grant us grace to feel and lament our sins. Home; By prayer and meditation, prepare our hearts for deeper H. R. 8038. An act for the relief of Edward C. Paxton; penitence and better lives. We pray for urgent wills and H. R. 8061. An act for the relief of David Duquaine, Jr.; constructive spirits in all that we shall do, that the Republic H. R. 8110. An act for the relief of Thomas F. Gardiner; may have a most honorable part in the world's life and H. R. 8300. An act to authorize a preliminary examination character. Again we lift our souls in praise to Him who took of Suwannee River in the State of Florida, from Florida up the morning stars and made them chime and swung them Georgia State line to the Gulf of Mexico; in the chanting choirs of the universe. Heavenly Father, H. R. 8559. An act to convey certain land to the city of keep alive in our breasts the One who faced failure, saved .Enfield, Conn.; humanity, unsealed earth's tombs, and brought to man new H. R. 8577. An act to amend the Teachers' Salary Act of courage and fresh inspiration. Through Jesus Christ our the District of Columbia, approved June 4, 1924, as amended, Lord. Amen. in relation to raising the trade or vocational schools to the The Journal of the proceedings of Thursday, April 9, 1936, level of junior high schools, and for other purposes; was read and approved. H. R. 8797. An act to provide a preliminary examination of Onondaga Creek, in Onondaga County, State of New MESSAGES FROM THE PRESIDENT York, with a view to the control of its floods; Sundry messages in writing from the President of the H. R. 8901. An act to provide for the establishment of a United States were communicated to the House by Mr. Latta, Coast Guard station at or near Apostle Islands, Wis.; one of his secretaries, who also informed the House that on H. R. 9200. An act authorizing the erection of a marker the following dates the President approved and signed bills. suitably marking the site of the engagement fought at Co and joint resolutions of the House of the following titles: lumbus, Ga., April 16, 1865; On March 18, 1936: H. R. 9671. An act to authorize the Secretary of the Treas H. R. 8886. An act to authorize the coinage of 50-cent ury to dispose of material to the sea-scout service of the Boy pieces in commemoration of the sesquicentennial anniver- Scouts of America; LXXX--.343