3132 ·coNGRESSIONAL RECORD-· HOUSE APRIL 8 without objection, the nominations on Blessed Lord, as we lift our. eyes to torial writer..;. In spite of this fact, the the executive calendar are confirmed en Thee in prayer, we catch the impulse gentleman from Ohio [Mr. SMITH] asks, bloc. from above: "Inasmuch as ye have done "Why all the secrecy?" . Mr. BARKLEY. I ask unanimous con­ it unto one of the least of these, ye have The answer is very simple: What se­ sent that the President may be immedi­ done it unto Me." We pray that we may crecy? ately notified of the confirmation of these descend into the valley of service and of The fact that the meeting with the nominations. sacrificial giving, not in condescension, Secretary was an eJtecutive meeting, a The PRESIDING OFFICER. Without but in loving humility; thus we shall see meeting which the gentleman from Ohio objection, the President will be. notified the right trail leading up. to spiritual [Mr. SMITH] attended, the only secrecy forthwith. heights where we may :find the self we about it was that the Secretary asked RECESS should be. that his answers to any questions be o:fi Mr. BARKLEY. I move that the Sen­ 0 God, free us all from personal van­ the record, the reason being one of ate take a recess until 12 o'clock noon ity, from love of applause and position. courtesy because the plan had not as yet tomorrow. Allow not ambition, nor jealousy, nor been published. The motion was agreed to; and (at 5 prejudice, nor any desire of advancement The distinguished gentleman assures o'clock and 13 minutes p. m.) the Senate keep us away from Thee, but rather · us that he will do all in his power to took a recess until tomorrow, Friday, bend our wil13 to the cross where we may inform his people of the peril that is April 9, 1943, at 12 o'clock noon. learn its undying lesson. Heavenly involved in this secret New Deal scheme. Father, there are those with spiritual Well, since the United States, Great windows darkened in the midst of lone­ Britain, and France have had a tripar­ NOMINATIONS liness and desolation, and the heart has tite agreement of this sort for some Executive nominations received by the become embittered; Thou knowest that years, and the result of the peril in­ Senate April 8 (legislative day of April there are long stretches which weary us. volved has been a $30,000,000 profit to 6), 1943: As the spring sun shines out of an empty the Treasury of the United States, I may WAR MANPOWER COMMISSION sky to warm and vitalize the barren be pardoned if I suggest .to the gentle­ Edmund J. O'Boyle, from the State of New earth ·that it may blossom and give man from Ohio that his effort to inform York, to be senior manpower utilization forth, so may the sad, the troubled, and comes rather late. consultant in the Division of Maiming Tables, the tempted lift~ up their souls and know The plan, which has a worthy and, I at $4,600 per annum, in the Washington that our great Companion is near. · He might adq, a vital objective, the sta­ office of the War Manpower Commission. lives and shall forever live. The Lord bilization of international currencies, is Agnes 8. Cronin, from the State of New is my Shepherd. I shall not want. In merely a plan ~o apply to the world the York, to be area director, at $4,600 per annum, His holy name. Amen. mechanism u~ed in our tripartite sta­ in the western Long Island area office of the bilization plan, and thus avoid the chaos War Manpower Commission. The Journal of the proceedings of yes- that would be inevitable, in the absence Joseph G. Dellert, from the State of Penn­ terday was read and approved. - of some plan, in the post-war world. sylvania, to be principal manpower utiliza­ EXTENSION OF REMARKS tion analyst, at $5,600 per annum, in the EXTENSION OF REMARKS Philadelphia regional office of the War Man­ Mr. EATON. Mr. ·Speaker, J: ask power Commission. unanimous consent to insert in the REc­ Mr.-LANE. Mr. Speaker, I ask \man­ - Walter Lee McDonald, from the State of ORD a letter from the Governor of New imous consent to extend my own re­ Ohio, to be area director, at $4,600 per an­ Jersey and a resolution from the board marks in the RECORD and to include an num, in the Toledo area office of the war of freeholders of my home county in editorial appearing in the ·Pilot of Manpower Commission. opposition to the proposed ship canal April 3. Thomas L. Gaukel, from the State of Mis­ across the State of New Jersey. The SPEAKER. Without objection, it souri, to be area director, at $6,500 per annum, The SPEAKER. Without objection, it is so ordered. in the St. Louis area office of the war Man­ There was no objection. power Commission. is so ordered. There was no objection. Mr. VOORms of California. Mr. Orville W. Erringer, froni the State of Speaker, I ask unanimous consent to Texas, to be area director at $5,600 per annum, Mr. ROLPH. Mr. Speaker, I ask in the Dallas area office of. the War Manpower unanimous consent to extend my own extend my own remarks in the RECORD Commission. remarks in the RECORD in connection and to include therein a speech by Mr. Fay William Hunter, from the State of with the public service of Hon. HIRAM William Green. North Dakota, to be head employment spe­ JOHNSON, Senator from California, and - The SPEAKER. Without objection, it cialist, at $6,500 per annum, in the Agricul­ to include a newspaper article. is so ordered. tural Division in the Washington office of the The SPEAKER. Without objection, it There was no objection. War Manpower Commission. is so ordered. Mr. BROWN of Ohio. Mr. Speaker, I There was no objection. ask unanimous consent to extend by own CONFIRMATIONS remarks in the RECORD and to include THE INTERNATIONAL MONETARY PLAN therein an editorial from the Oakwood Executive nominations confirmed by Mr. FORD. Mr. Speaker, I ask unan­ ·(Ohio) Press, which I believe so well the Senate April 8 time of the gen­ poration down to this time amount in report on this bill. tleman from Massachnsetts has expired. round figures to $474,000,000. The Mr. VOORHIS of California. Will the amcunt paid out in its operations for the PERMISSION TO ADDRESS THE HOUSE gentleman yield? protection of its depositors is approxi­ 'Mr. STEAGALL. I yield to the gen­ Mr. FOLGER. Mr. Speaker, I ask mately $250,000,000. The actual losses tleman from California. unanimous consent to proceed for 1 min­ that have been sustained by the Corpo­ Mr. VOORms of California. May I ute and to revise and extend my own ration amount to $48,000,000. The num­ ask the gentleman whether this change remarks in the RECORD. ber of depositors protected down to this time amounts to 99% percent of the in reserve requirements would mean that The SPEAKER. Is there objection to when a bank purchases Government the request of the gentleman from North total. The amount of deposits that have been made are a little above 98 percent bonds it would not have to have any re­ Carolina [Mr. FoLGER]? serves to back the deposits which they There was no objection. of the total deposits. The record is extremely gratifying and give the Government uncier those cir­ [Mr. FoLGER addressed the House. His cumstances? remarks appear in the Appendix. l it demonstrates beyond question the suc­ cess of the law and the able and re­ Mr. STEAGALL. That is correct. It SUSPENSION OF CERTAIN PROVISIONR OF markable manner in which the Corpora­ means that the bank will not be required SECTIONS l2B AND 19 OF THE FEDERAL tion has been administered under Mr. to carry reserves against the Govern­ RESERVE AC'r Leo T. Crowley and his associates. ment's account, arising from the sale of Mr. STEAGALL. Mr. Speaker, I ask The second provision of the bill would bonds. That account is not large on the unanimous consent for the immediate suspend for a similar ·period the reserve average. It is a checking account, as the consideration of the bill the problem of ab- partment of Labor, Bureau of Labor Sta- l943 CONGRESSIONAL RECORD~HOUSE 3139 tistics, which are limited to the ship­ tie coast -rates were the highest, averaging Transportation problems result in an­ building and airplane industry. Wit­ around 8 percent other significant percentage of absences. The range among the individual yards ·was Many workers travel from 10 to 50 miles nesses, however, pointed out that .ab­ very large.· One-quarter of the yards ac­ sentee rates are bound to ·increase· in counted for more than half the absenteeism. to work in the morning and back in the wartime. The average absentee rate in A study of absenteeism in 90 shipbulli:ilng evening. They have to depend on car England now is 10 percent, while a study companies in the last w~rld War showed pools. Cars break down and weather con­ of absenteeism in shipbuilding during that the rate at that time averages 17.8 per­ ditions make driving almost impossible. the last war, in this country, revealed cent over a 9-month period. That is more Fatigue, arising out of long hours, in­ an average rate of 18 percent. Even so, than twice as high as the rate of absenteeism creases accidents and illness. Workers spokesmen for some industries told the today. who cannot stand the pace finally must committee that some plants today have Airplane study just being completed for January 1943 shows that absenteeism av­ take a day o:ff to rest up. absenteeism so well under control that erages 6.4 percent. It was highest on the Responsibilities outside the plant re­ it presents little or no problem. In other Pacific coast with an average of 7.1 percent sult in absences. E...c:pecia.Uy when hours word!, preventive measures can be de­ and was lowest in the midwestern distriet­ of work are long, workers take time oJI to veloped in plants locally. Nebraslca, Kansas, Oklahoma, and Texas­ do their shopping, visit the doctor and Witnesses brought out that the great­ where the average was 4.1. the dentist, pay bills in cash, cash their est percentage of absenteeism occurs Testimony of witnesses from other in­ checks, do household chores. Women •among workers previously not employed are usually called upon to carry out the in industry. As our young men from dustries indicates the same situation. Causes and success in remedying them major part of their domestic duties even 21 to 38, in the prime of physical health, though they are working full time in a enter the services, they are replaced in vary, but there are certain general prin­ ciples which ar'e important in working war plant. Lack of child-care facilities industry by people often physically un­ results in many· absences. Because the der par, even handicapped workers, and out a solution through the voluntary ac­ tion of management and labor, with number of existing nurseries where moth­ by women with domestic responsibilities, ers while employed can leave their chil­ which they must meet along with their Government assistance. For example, poor scheduling and dren is totally inadequatey these women jobs. As this group increases in the usually have to resort to makeshift ar­ coming nionths, absenteeism will inev­ planning of production and labor hoard­ ing were cited frequently by witnesses as rangements for care of their children, itably increase, unless remedies are ap­ leaving them with a neighbor or rela­ plied. The size of the problem is indi­ among the most important causes of ab­ senteeism. The worker who is told by tive or even free to roam the streets. cated in part by Bureau of Labor Statis­ Under such unsatisfactory conditions tics estimates presented to the commit­ management to slow down or lay off be­ cause parts or material that should have these women are bound to stay home from tee by the Secretary of Labor: two and time to time, especially when children thre~quarter million woman not now in been available are not yet ready can hardly understand why he should main­ become ill, as is likely when they receive the labor force will be in industry by the little care. end of this year. tain a good attendance record. And yet CLnsequently, we have no time for his time off may come just when he is sud­ Poor housing conditions are important false starts nor. can we delay in meeting denly most needed. The Government in causes of absenteeism. Many of the so­ this problem. In developing corrective awarding contracts and assigning pro­ called Monday-morning absences rep­ measures, management and labor need duction quotas should do all within its :r;esent the extra time workers must take a yardstick to measure the success of power to prevent such situations. It is to spend a week end at home when they their efforts. Any given plant should also apparent that more effective plan­ cannot secure housing facilities for their know its own absentee rates. Individual ning on the part of management is vital families near the plant. Often workers plants also need average figures for the to a reduction in absenteeism. have to take time oti to look for housing industry as a whole to view their prob­ It was evident from the testimony that accommodations. Where families are lems in perspective. plants with good industrial relations had living under unsanitary conditions in From all the testimony it has taken, a head start in approaching the problem shacks and trailers, they frequently be­ the committee concludes that figures of absenteeism. Good industrial rela­ come ill. available today are not adequate. There tions cannot be developed overnight or Absence, resulting from these causes is is a wide difference in the definition of applied from the top by Government but obviously beyond the workers' control, absenteeism on which records are based must grow up in the plant through the none the less such absences delay pro­ in different establishments, and there­ r·esponsible efforts of labor and manage­ duction, and every effort must be made fore absentee rates in one plant are ment. Plants where union and manage­ to remedy the causes. Where the cause usually not comparable with those in an­ ment have developed good working re­ cannot be eliminated, management in other, even within the same industry and lations have already had a great deal of some cases has authorized time off for will vary in different sections of the success in reducing absenteeism through workers, to prev~nt unscheduled absence country. the joint efforts of these two groups. and permit better planning in produc­ The Bureau of Labor Statistics figures Unfortunately real union management tion. In England, for example. women for shipbuilding show a variation in rates cooperation exists in comparatively few are allowed time off for essential house­ from 2 percent all the way up to 20 per­ plants. Consequently · any program to hold chores and even to visit family mem­ cent. This variation indicates that control absenteeism must go beyond the bers on furlough from the armed services. causes of absenteeism vary widely from relatively small number of plants where Many of the causes of absenteeism, how­ shipyard to shipyard, and management sound industrial relations exist. ever, can be eliminated by local action in and labor in one shipyard has been more Witnesses repeatedly emphasized that the plant and community cooperation. successful in solving them than in other the first step in reducing absenteeism is For instance, :m,any plants hav(' re­ shipyards. to discover, through record keeping, the duced industrial accidents and disease No national figures are available. underlying causes in a particular plant by applying well-known prevention Very few industries are keepjng absentee and then attack the causes, through local methods. They have lessened fatigue records. The Bureau of Labor Statistics action in the plant. They emphasized by special attention to working condi­ has made studies on the only two indus­ that absenteeism is a human problem and tions. They have secured community tries to furnish information-shipbuild­ must be dealt with by special attention cooperation in adjusting store hours, or ing and airplanes. The shipyard study to the human factor in production. even bringing shopping facilities into covers April through October 1942. The Here are some of the causes most fre­ the plant. They have assisted workers absentee rate averaged between 7 and quently cited by the various witnesses: in solving transportation problems. 8 percent. I quote from the Bureau of mness and industrial accidents cause Communities have a very definite re­ Labor Statistics: · the overwhelming majority of absences-­ sponsibility in helping to eliminate from 50 to 75 percent, most witness.es causes of absenteeism. The record of • Absenteeism 1s more prevalent in Atlantic and Gulf toasts than in other shipbuilding agreed. These causes increase as more committee hearings contains a wealth of zones. Yards in the Great Lakes area re­ women, .older workers, the less physically detail on methods of eliminating the ported the lowest rate of 3.1 percent in fit, the inexperienced, and the handi­ causes of absenteeism. The real need is August and 4.2 percent in April. The Atla.n- capped are employed. to make the experience of plants that 3140 CONGRESSIONAL RECORD:-HOUSE APRIL 8 have dealt successfully with 'these prob­ present to apply to all workers in war in: Mr. VOORHIS of California. Mr. lems available to plants still trying to dustries probably would not solve the Chairman; I appreciate very much this solve them. problem. In ·attempting to reach the informative talk which the gentlewoman There is still another group of absences small group of willful absentees, it was from New Jersey is making, and from which may be described as willful, where the opinion of a number of well-informed one point of view particularly, namely, a worker stays away from his job for no witnesses before the committee that legis­ from the standpoint of the average valitl reason. This type of absenteeism lation might be interpreted as a personal worker, who, after all, has been instru­ represents a negligible proportion of the affront by the vast majority of workers mental in giving us the greatest produc­ whole md is most reprehensible. In who are loyal to their country and devot­ tion in the history of mankind for this peacetime such workers would be dis­ ing their utmost energies to war produc­ past year, and past months, and I do chJ.rged. But with the present man­ tion. The committee condemns the small think it is most important that the power shortages, every effort should be group of willful absentees. Your com­ Congress is considering fundamentall~· made to awalren these people to their mittee makes the following recommenda­ some of his own problems, as well as responsibil;t:.es, to bring them up to tions, recognizing that only by getting at what the gentlewoman pointed out, steady performance, before taking them the facts and dealing with the basic some of the shortcomings of a few. out of production. Witnesses testified causes of absenteeism can management, The CHAIRMAN. The time of the on various techniques which have been labor, and Government solve the problem: gentlewoman has expired. used successfully in dealing with this First. Industry should keep such rec­ Mr. JOHNSON of Indiana. ·Mr. Chair- • group, anr' these techniques placed very ords of absenteeism as may be necessary man, I yield 30 minutes to the gentleman little emphasis on punitive methods. to enable the Department of Labor, Bu­ · from Pennsylvania, [Mr. DrTTERL In the first place, these people must reau of Labor Statistics, to determine the Mr. DITTER. Mr. Chairman, it can­ be made aware of the importance of extent and causes of absenteeism. Un­ not be gainsaid that there exists among their jobs to the entire war effort. Often doubtedly the necessary figures can be the people of this Nation a profound dis­ workers feel that the product on which secured through the voluntary coopera­ trust in the competence and even in the they are working is unrelated to the war tion of industry, just as the Bureau of sincerity of a large portion of the effort. Many companies have helped to Labor Statistics has already secured such bureaucracy of Washington in the pur­ solve this problem by illustrating in figures for shipbuilding and the airplane suit of the war effort. posters, lectures, and company publica­ industry. There is a deep-seated belief that, with tions just how the material mam:Zac­ Second. The Department of Labor a fanatical zeal, many ofiicials of this tured fits into the total picture of war should be directed to act as a clearing­ beehive of bureau,cracy place the victory production. house on ways and means of reducing ab­ o·ver our enemy in a minor place in com­ The worker must be made to realize that senteeism. On the basis of this infor­ parison with their ambition for control his absence is noticed by the company and mation and material gathered by the and power and the promotion of ideo­ should be required to report the reason for Bureau of Labor Statistics, the Depart­ logical objectives, both of which hinder his absence. A good foreman or shop ment should be authorized to recommend rather than help the prosecution of the steward can impress upon the worker the to management and la.por representa­ war. need for steady performance. Many un­ tives practical methods' to reduce ·ab­ This· view is shared by many patriQ.tic ions have been extremely helpful in deal­ senteeism in plants that have high ab­ Members of Congress on the other side ing. with this group of workers. Tele­ sentee rates. The funds necessary to of the aisle as well as br the Republican phone check-ups and even home visits carry out these activities should be ap­ minority, have been used successfully by many propriated to the Department of Labor. A few glaring instances of subordina­ firms. Third. The appropriate Government tion of victory to vanity by bureaucrats Disapproval of truancy must be empha­ agencies should use every means possible have already been exposed. But much sized by recognition of the steady attend­ for securing immediate action to correct that goes on in Washington is cloaked in ance record achieved by the majority. causes of absenteeism arising in certain secrecy, hidden in star-chamber proceed­ Some companies have issued badges or communities, such as bad housing, in­ ings, and too frequently one of the "four buttons to workers who score perfect at­ adequate transportation, and lack of freedoms" for which we · are supposed tendance or have devised other ways of child care facilities. to be fighting-freedom of the press­ showing them that their good work is ap­ Fourth. The Department of Labor, the is but a bitter, muffled ghost haunting preciated. War Manpower Commission, the War the press· rooms of 0. W. I. and the press The committee has no evidence that · Production Board, and the Office of War conferences of the Executive department. there are many truants in the group who Information should lay before the public Unless and until our Federal Govern­ have secured occupational deferments. the real problems involved in absentee­ ment buckles down to the job of winning The responsibility for securing deferment ism, to clear up false impressions now the war and calls a halt to its campaign rests with management. Management current that American workers are against free enterprise, this cancerous would not be likely to request deferment slackers. In this country we believe in condition of distrust will thrive and grow. for the chronic absentee. Highly skilled giving credit where credit is due, and Only today an astounding example of workers-the only group who can secure therefore we should recognize the con­ bureaucratic sabotage which is the basis occupational deferments today-are usu­ tribution that American workers ·are of a lack of confidence in the national ally among the most responsible in the la­ making to war production. administration has come to my atten­ bor force. In any case, deferment is now Your committee ·proposes to investi­ tion. subject to periodic review, and it is pre­ gate further the ~ajar causes of ab­ The matter concerns the Federal sumed that local draft boards consider the senteeism, beginning with illness and in­ Power Commission, in patent collusion attendance records of such workers in dustrial accidents, in an attempt to for­ and collaboration with the Bonneville granting extension of deferments. mulate more effective programs for deal­ Power Administration, to force, under The most serious aspects of the absentee ing with these problems and upon com­ emergency war powers, an extension of problem arise, not among the men eligible pletion of its studies will make its rec­ Federal public ownership despite losses for selective service, but in the group re­ ommendations to the House. to the Federal Treasury. placing them-the women, persons less The money and the amount of electric physically fit, handicapped workers, -and We earnestly hope you will cooperate power involved in this case is small. But many others not accustomed to industrial with us and vote for House Resolution the abuse of power raises an issue that life. 148 when it is presented to the House is fundamental and far reaching. It is This country is only just beginning to in order that your Committee on Labor entirely possible that the issue was raised realize the seriousness of the absentee may have full information on all of the in a matter involving so small an en­ problem, one that will grow in importance problems confronting labor and industry croachment upon private enterprise-in with the changes in the labor force in the concerned with war production. terms of money-that the Commission - coming months. The information that ' Mr. VOORHIS of California. Mr. hoped to establish a precedent by de­ we have on the subject at present is for Chairman, will the gentlewoman yield? fault. the most part inadequate. Consequently Mrs. NORTON. I yield to the gentle­ The case in question arises out of a any legislation that we might draft at man from California, Presidential letter of September 26, 1942, 1943 CONGRESSIONAL RECORD.-HOUSE 3141 to all war agencies requiring them to · Power Commission under the Federal It brings to the light matters which make their purchases of power from pub­ Water Power Act in section 202 (c). In bureaucrats would prefer to have hidden. lic or private sources at the "cheapest" View of the fact that the F. P. C. order The trial examiner apparently was ap­ rate consistent with "the fullest and made no contention that there is a short­ prehensive of the possible repercussions most rapid progress." With this laudable age of electrical energy or facilities, and from this case from the outset. objective the taxpaying public was in predicated their whole case on the so­ At the beginning, he requested inter­ full accord, especially in view of the ex­ called public interest, this section of ested parties to consent to a closed hear- traordinary wastes that have occurred the Water Power Act is worthy of study. . ing with public and press barred. His in many other fields of the war effort. Here is a typical instance of administra­ reason was, believe it or not, that mili­ The order was singular only in that tive interpretation and a twisting of the tary secrecy demanded the cloak of si­ electric :Power is the one vital war. pro­ clear intent of Congress to further ideo­ lence on the actions of the Federal Power duction commodity which has not been logical aims far removed from the pur­ Commission. rationed, in which there has not been a pose of the legislation. The section of Now the truth of the matter is that shortage, and which has actually de­ the act to which I refer reads as follows: Grand Coulee, Bonneville Dam, and the creased in price to the consumer since (c) During the continuance of any war in gigantic ·network of Government-built the war began. This, despite the fact which the United States is engaged, or when­ transmission lines are about as much a that on as many as 11 different occasions, ever the Commission determines that an military secret as the Washington Monu­ the Federal Power Commission errone­ emergency exists by reason of a sudden in­ ment. ously surveyed power resources of the crease in the demand for electric energy, or The plans and programs, the system of Nation and erroneously predicted short­ a shortage of electric energy or of facilities for the generation or transmission of electric streams and their normal volume of fiow ages which failed to appear. energy, or of fuel or water for generating are readily available in public documents On the basis of the President's letter facilities, or other causes, the Commission printed by the United States Congress. of September 26, a Presidential directive shall have authority, either upon its own Elaborate photographs and maps have was issued on October 22 empowering the motion or upon complaint, with or without been submitted from time to time to Federal Power Commission to renego­ notice, hearing, or report, to require by order Congress and are public documents. If tiate any ·power contracts which ap­ such temporary connections of faciltties and the military intelligence of Japan and peared to be unreasonable and to order such generation, delivery, interchange, or Germany is so underrated by Federal bu­ the delivery of power to war plants from transmission of electric energy as in its judg­ ment wm best meet the emergency and serve reaucracy that they presume that such the cheapest available source of genera­ the public interest. If the parties affected information has not long since found its tion, public or private, over such trans­ by such order fail to agree upon the terms of way into the archives of enemy espionage mission and transformer facilities as any arrangement between them in carrying systems, our Federal officials are guilty were available, whether public or private. out such order, the Commission, after hear­ of an alarming nai'vete. Pursuant to this directive, the Federal ing held either before or after such order It appears obvious that the alleged Power Commission on February 15, 1943, takes effect, may prescribe by supplemental ·military secrecy was a ruse to suppress ordered the Washington Water Power order such terms as it finds to be just and reasonable, including the compensation or the facts and to gag the press. Co. to make available to the Bonneville reimbursement which should be paid to or As such, it was a cheap and cunning Administration transmission and trans­ by any such party. connivance to take advantage of war­ former facilities to service a Government time conditions to suppress the facts hospital in the city of Spokane, with a Meeting the emergency and serving about an ambitious and dictatorial bu­ load of 700 kilowatts, and to supply also the public interest are the declared ob­ reaucratic usurpation of power. facilities for the delivery of Bonneville jectives of the above statute. As to the hearing, I shall confine my power to Fort Wright, an Army camp, In the present instance it was the un­ remarks to two points. The first is the in the suburbs of Spokane, for a water contested contention of the company obviously discriminatory nature of the pumping station requiring 500 kilowatts that there was no emergency, that the order and the second concerns itself with of power. connections for service were already in­ the theories of the Federal Power Com­ It is a matter of record that the Fed­ stalled, that power was available by the mission as to what constitutes the eral Power Commission had previously simple manipulation of a power switch. cheapest electric power. established as a reasonable minimum for The Federal Power Commission's justi­ While the Federal Power Commission, renegotiation, loads in excess of 1,000 fication invoking this cause, therefore pursuant to the President's order, is obli­ kilowatts. It is further established that rests solely upon the public interest ob­ gated to see to it that war projects be the Federal Power Commission action jective. supplied with power from the cheapest to which I am referring was based on a The demand of the company for the possible source, the hearing brought out request by the Bonneville Administra­ hearinc was reluctantly granted by the that the Commission has been winking tion, although the latter agency then had Commission. The reasons for this re­ at a number of flagrant violations of this a contract with the washingto"l Water luctance are obvious to anyone who has order. Power Co. for exchange of power, by read the transcript of the hearing. The For example, the Commission dis­ which Bonneville agreed to take war­ conduct of the chief trial examiner and missed at the hearing as irrelevant and production loads higher than 750 kilo­ the attitude of counsel for the Commis­ immaterial to the case, the facts about watts, leaving the loads smaller than sion are reminiscent of the famed Nazi the Clark County, Wash., public utility 750 kilowatts to the private company. trials before their so-called people's district. These facts show the Federal Power court. Here is an astounding case of a politi­ Commission was willing to violate its own The hearing was begun April 5 to de­ cal parasite sucking at the lifeblood of rules and to vitiate the contract already termine whether the Federal Power Com­ our war effort with the collusive knowl­ entered into by the parties. mission had made a mistake, acted too edge of at least three Federal bureaus: It is entirely possible that the Federal hastily, and was guilty of official incom­ the Bonneville Administration, the Fed­ Power Commission sought out a picayune petence in making its order of February eral Power Commission, and the Federal case on which to test its strength and 15. The judge was an employee of the Housing Administration. Inasmuch as establish a precedent in a matter, which Federal Power Commission itself, sub­ a less public-spirited company would servient to and controlled by the very the President's directive of October 22 is not have gone to the expense of chal­ officers whose conduct he was reviewing, intended to prevent such abuses, the lenging. The defending attorney was the counsel Federal Power Commission must accept It so happens that the Washington for the Commission. Here was a case full responsibility for its continuance. · Water Power Co., however, felt-that the where the Federal Power Commission Here are the facts-and they went un­ case was a legal milestone and demanded went to trial before itself. It was in the challenged· by the Federal Power Com­ an open hearing here in Washington, a happy po'iition Clf being its own judge mission: hearing which could not be legally denied and jury. Does anyone here believe that The Clark County Public Utility Dis­ under our Constitution. the Federal Power Commission would trict is located at Vancouver, Wash. It The Federal Power Comn.dssion order return a verdict of guilty against itself? is a political dummy just like dummy cor­ of February 15 was predicated on emer­ The bar of public opinion, however, is porations. Its physical assets consist of gency war powers granted to the Federal another matter. a little omce furniture and exactly two--I 3142 CONGRESSIONAL. RECORD-HOUSE APRIL 8. said two-electric power m.::ters worth these two war projects would revert to and not by law could such a Federal offi­ not more than a few hundred dollars. the Federal Government as the normal cer commit such a weasel-worded eva- Located in Vancouver is a hu&~ Fed­ corporate income surtax. He urged that 1 sion of inescapable truths. eral Housing Administration project. in making a comparison of the sale of In effect, this people's court trial ex­ Bonneville Power Administration has power by a Federal agency to another aminer obediently followed the New Deal run a high-tension power line along the Federal agency, as against the sale of party line. AnJ jack-legged sophistry to north bank of the Columbia River from power from a private agency to a Fed­ justify New Deal objectives, whether they Bonneville Dam, 40 miles upstream, di­ eral agency, the factor of a return to the be right or wrong. Forty-two percent of rectly to and through the city of Van­ Federal Government in the form of tax­ the private enterprise contract would be couver where the power line crosses over ation was a relevant and material fact returned to the Federal Treasury in to the city of Portland in Oregon. This in evaluating the ultimate cost to the taxes. But, in passing upon the question dummy political corporation, the Clark Federal taxpayer and the Federal Treas­ of which rate would be cheaper, tax-free County P. U. D., has a wholesale contract ury. The logic of such a position is in­ Bonneville power was der.ided upon as · with the Bonneville Power Administra­ escapable. It cannot be dodged or the cheaper without any consideration tion and a resale contract to the Federal evaded. "Cheaper" is a comparative whatever of the tax factor. Housing Administration to supply power term. Federal taxes must be taken into By this ruling, the Commission serves to this F. H. A. project. It sits in be­ account if a just and fair and equitable notice on private enterprise that the tax tween, arbitrarily, as a middleman ren­ comparison is to be made. laws of the country are too complex for dering absolutely no service, and collects But listen to the Federal Power Com­ it to take into account in reaching a de­ the difference between the wholesale and mission through the words of its Chief cision. It arrogantly announces that a the resale price, a matter of some $50.- Himmler as he sustains the objection by comparison of costs can be made-that 000 annually, which is diverted into its Commission counsel to the consideration a fair and just and equitable conclusion coffers. Who gets what from this kitty of taxes as a part of costs when counsel can be reached without giving any con­ might make juicy reading. Suffice it to for the ccmpany sought to introduce sideration to an item representing 42 say that the army of lobbyists represent­ this evidence: percent of the gross revenue of one of the ing such publk-utility districts here in The tax laws of the country are necessarily parties before it. The private company's Washington last summer appeared to revenue is depleted by more than two­ have a pecuniary interest at stake. very complex and there might be other con­ side.rations in the tax field that ought. to be fifths as a result of Federal taxation, and Nor is this a single instance. The taken into consideration if we are going into yet this quasi judicial body refuses to Umatilla County Rural Electric Coop­ that matter at all. permit the introduction of evidence to erative buys power from Bonneville at This Commission has no particular duty prove the fact. Can such conduct be wholesale rates, provides no service, and, with respect to the levying and collection of conducive to a confidence on the part of as a middleman, collects the difference taxes, certainly not as to the income tax. our people that personal rights and pri­ between wholesale and resale rates in . But the tax situation is very complicated. There are many kinds of taxes that all citi­ vate property still enjoy the protection· the transfer of power from Bonneville of the law? to the United States Army Ordnance zens and corporations necessarily have to pay Dump at Hermiston, Oreg. At the hear­ in this day, and it we undertook to explore By this ruling, the Commission takes .the ultimate effect of whatever we may do, the position that the subject of Federal. ing the Commission dismissed this fact within the scope of our jurisdiction. if we taxation-what a private company may as irrelevant. undertook to explore in each case the ulti­ pay to the Federal Government-is, to It seems to me that there must be at mate case of this action or that action upon the tax receipts of the Treasury, we would get use the words of the Commission, outside least one committee of the House with of its field. Why, I ask, make a hollow power ~nd authority to investigate these entirely out of our own province, complicate scandals. to find out what political pro­ our adjudications in an appalling and con­ mockery-a sham-a masquerade of a teges of the New Deal are secretly hooked fusing sort of way, and perhaps even then public hearing by a ruling such as this? fail to take into consideration all the ramifi­ The Commission is to hear the facts­ on to the gravy train of this totally un­ cations and involvement..-:; that might adhere necessary war expenditure. all the relevant and material facts to an to the statement of a proposition as to the issue-and yet it rules that what becomes Inasmuch as the Federal Power Com­ amount of taxes· you have to pay or the mission has outstandingly failed to use amount of taxes that might be saved if a of 42 percent of the revenue of one of the instrumentality of the President's certain course were taken by this Commission the parties to that issue is so remote directive except as a weapon to destroy in the exercise o1 that jurisdiction which it that the Commission cannot follow it. private enterprise, it is apparent that the dors possess. I submit, this is authority running riot. people must look to Congress for relief The presiding officer's view about that mat­ I shall not detain the House with ad­ ter is that the Commission will stay within ditional pertinent points which would from hocus-pocus deals like the Clark its own field and not wander out in remote County P. U. D. and the Umatilla R. E. A. and far explorations of what the conse­ add even greater emphasis to the case When scandals like this can come out quences in the field of Government taxes may against the Federal Power Commission. in an open hearing, can there be any be of any action which it may take. It is su:fficient to say that the Federal doubt as to the true motive behind the I have no authority to speak for the Com­ Power Commission, by the record of its anguished efforts to gag the press by mission, but, so far as this presiding officer own hearing, did three things: urging closed hearings on the grounds is concerned, he deems it proper that we stay First. It tried to gag the hearing: of so-called military secrecy? within our own field, and only tha is rele­ Second. It has winked at open ami vant and admissible in evidence which goes scandalous violations of the President's I turn now to the second point to which to the determination of the question which I direct your attention in connection is before us, by the standards that lie within directive of October 22; while with the proceedings in the Federal that field where we have our jurisdiction. Third. At the same time it has perse­ Power Commission offices on Monday of I will give you an excet-t.ion. I thought I cuted a private utility in forcing it to this week. knew your theory that :'OU had in mind, and accept a contractual violation of its You will recall that the February 15 what you have said shows that I was correct written agreements with the Bonneville order claimed no emergency as to power about that. I do not say that your argument Administration by a double talk refusal does not have some force, but I think that to take cognizance of the very vital ele­ supply or power facilities in the invoca­ the best judgment about the matter-at least tion of Section 202 (c) and that the order the best judgment that this presiding offi­ ment of Federal taxation in considering is predicated specifically on the alleged cer is competent to give in the matter-is the cheapness of a power rate. "public interest" phase of the section in against going into that matter which is out­ If, as, :'l,nd when the Federal Power question. The whole basis of the order, side of our field. We will have to take mat­ Commission and other Federal agencies according to the Federal Power Commis­ ters as they are now and make our deter­ discover that winning the war is more sion's order of February 15, is the claim minations from the facts that lie within the important than socializing America in that Bonneville power rates are-and I field where Congress has delegated authority the guise of national defense, this ad­ to the Commission. We can't follow it out ministration will find the same whole­ quote--"cheaper" than those of the and beyond and find out what the remote Washington Water Power Co. and ultimate fact may be in other respects. hearted support for its domestic policies Counsel for the company presented from the people that it has found in the evidence to show that 42 percent of its Only in the obscure precincts of a Fed­ people's support of its bona fide military gross revenue from any contract from eral commissior: dedicated to rule by men activities. 1943 CONGRESSIONAL ·RECORD_:HOUSE 3143 Mr. O'NEAL. Mr. Chairman, I yield 6 mittee an opportunity to do the work that has been entrusted to them to spend, minutes to the gentleman from New that has long been recognized by the and use that money for the war effort York [Mr. KEOGH]. Judiciary of this country, by. the Amer­ and for the victory that we hope will Mr. KEOGH. Mr. Chairman, I might ican Bar and other State bar associations-, come? Such a performance as this not very easily be able to take the time and by the Judiciary Committee of this only destroys confidence in the Govern­ allotted to me to pay my deep and abid­ House, you will be continually adding ment on the part of the soldier boys who ing respect to the very efficient and gen­ confusion to the present state-of our laws. receive such things but it is a disgrace ial chairman of this subcommittee and I propose at the proper time to offer an that the Congress has appropriated his colleagues on that committee. My amendment to reinstate the item that we funds for such wasteful and ridiculous brevity at this point should not be inter­ have requested. I hope between now and performances. It is a waste of paper preted as any lack of appreciation. I then the members of this committee will that is said to be in great need. It is a appear before you at the direction of and be good enough to look at the hearings on waste of crayon. It is a waste of plane with the authority of the Committee on this bill. I have inserted a statement space and ship space that is required to Revision of the Laws. At its direction I ~etting forth in detail the scope of the transport such things. submitted a request for an item to permit work that we propose to do. This work I hope that when we come to write of the substantive revision of titles 18 will be the first step in the establishment appropriation bills for these bureaucrats and 28 of the United States Code, titles of _a permanent framework of legislation in the days to come this House will dealing with the Criminal Code and within and around which all new and remember how some of them have been Criminal Procedure and the Judicial amendatory legislation may be intelli­ wasting it and will cut out the money Code and the Judiciary. The need for gently coordinated, integrated, and in­ for these things so that they cannot do that substantive revision is conceded by terrelated. We ask you for your serious it any more. Let the Congress keep the Appropriation Committee in its consideration. We approach this prob­ faith with the peo(>le, even if the bureau­ report. The history of the development lem very philosophically. We have been crats are _betraying them. of those two titles of our Code· will also, given this job to do by the House under Mr. DOUGLAS. Will the gentleman I think, justify our coming before this its rules. AI: we ask you for is the means yield? committee in an effort to continue the to discharge that responsibility. I am Mr. TABER. I Yield. work that the Committee on Revision of confident that the committee will agree Mr. DOUGLAS. Do you not think the Laws has been doing for the last with us. they might have a kindergarten over in several years. The first .attempt to The CHAIRMAN. The time of the Hawaii? revise the statutes of this country took gen~leman from New York [Mr. KEOGH] Mr. TABER. I suppose that is the place in 1874, and there was no further has expired. kind of people they are catering to. attempt between that time . and 1911, Mr. JOHNSON of Indiana. Mr. Chair­ The CHAIRMAN. The time of the when the Judicial Code was revised by man, I yield 5 minutes to the gentleman gentleman from New York has expired. a temporary commission. The Com­ from New York [Mr. TABER]. Mr. JOHNSON of Indiana. Mr. Chair­ mittee on Revision of the Laws has been Mr. TABER. Mr. Chairman, I am man, I yield such time as he may desire trying· during the past 5 years conscien­ very much disturbed by the failure of a to the gentleman from Massachusetts tiously to preserve the structure of the lot of the bureaucrats to support the [Mr. WIGGLESWORTH]. United States Code, upon the theory that war efiort. By th£. way, they are doing Mr. WIGGLESWORTH. Mr. Chair­ in that way, and in that way alone, will everything they can to waste the sub­ man, this bill carries about $8,450,000 for the people of this country, will the stance of the United States of America the Government Printing Ofilce. bench and the bar of this country have on frivolities and on things that should Some time ago, while at home, repre­ any way of determining the extent and not be done. sentations were made to me by members scope of the acts enacted by the Con- I have previously called attention to of the Boston Allied Printing Trades . . gress. That committee is inadequately many of the propaganda activities of the Council in reference to conditions con­ staffed to do the job. We must appeal 0. W. I., including the "Tarzan'' life of nected with Government printing and the to you to give us the means to discharge Roosevelt. Today I am going to call at- Government Printing Office, which were a responsibility that has been ours since . tention to anothe1 one of the activities characterized as deplorable. the creation of the committee in 1864. of the 0. W. I. which does not even rise I was advised that the workers at the We must begin now to carry to its ulti­ to the height of propaganda but sinks to Government Printing Office had received mate conclusion the slogan which our the low level of the worst type of waste no increase in wages for many years. committee has adopted for its work, of public funds. I was advised that these workers had namely, "Making the laws understand­ I have here a nice picture book. It is been denied the right to collective bar­ able is as important as making the laws." called John's Book. It has blue crayon gaining under existing law. If we are permitted the opportunity to and red crayon. Inside it says: I was advised that money appropliated proceed with the work we started in This book was thought up by a boy named for printing and binding for the Depart­ 1939, we should be doing a service to this John. He lives right in the middle of the ment of Justice was in fact being used body and to the country that will live as United States of America, on a farm where under waiver to undermine labor and _ long as the country lives. We are a wheat grows as far as he can see. John loves wage standards built up in the printing standing committee of this House. Here all the American planes, because they are big industry. is our duty. \Ve see that duty, we recog­ and fast and powerfuL He loves the ships of I was advised that printing let under nize the need, and we ask you for your the Navy, too, big ships and little ships. waiver to private firms outside of the cooperation. Over here are the stars that you always Government was being let to a favored Mr. WALTER. Mr. Chairman, will see on the publications that are gotten few regardless of the ability of others the gentl~man yield? up by writers who are of a communistic to do first-class work at a real saving to Mr. ~OGH. In a moment. There trend, all ready for the red crayon to the Government. have been sporadic, temporary attempts go on it. What possible justification can there to revise the laws of this Nation. There That, Mr. Chairman, was sent to the be for a hypocritical policy on behalf of have been temporary commissions set up soldier boys in Hawaii in place of mail the Federal Government which purports from time to time. The very bill we are from home. I suppose that the gang of to seek improved labor standards from considering today carries two items, one bureaucrats who are wasting the peo­ private industry while refusing to meas­ for the Office of the Legislative Counsel ple's money thought that the soldier boys ure up to those standards itself? What in the sum of $83,000 and one for the would like "this nice picture book," of a possible justification can there be for a Joint Committee on Internal Revenue type that might be appreciated by a policy by the Federal Government which . Taxation in the sum of $65,000. This lat­ 3-year-old, better than they would to get denies its workers rights guaranteed by ter item deals with only one of 50 titles letters from home. law and which discriminates against one in the United States Code. Quite ob­ Now, is it not about time these bureau­ specific group of workers? viously no one committee can have a crats stopped betraying the trust that There can be no justification. comprehensive view of the code structure has been placed in them? Is it not about Earlier in the week, the House passed itself, and unless you afford our com- time they stopped wasting the money legislation granting increases in wages · 3144 CONGRESSIONAL RECORD-HOUSE APRIL 8 in view of the increased cost in living to ing regulatory sizes for burial recep­ Mr. LUDLOW. I just wanted to say almost all Government workers. Work­ tacles-for caskets. Thus, it appears I am 6 feet 3. I wonder where I come ers· at the Government Printing Office that the long arm of bureaucracy is in under this. were not included in this legislation. reaching out to regulate and control the Mr. KEEFE. When I came across this Way back in 1924, the so-called Kiess grave. I read that order with some ap­ order, having great solicitude for the dis­ Act, approved June 7, 1924, provided for prehension, not that it would make any tinguished gentleman from Indiana, I the determination of wage rates by what difference to me after I had passed on, am frank to say I was very much worried. amounted to collective bargaining. I am but because I am presently a little bit The CHAIRMAN. The time of the advised that while it is true that the Pub­ worried about my mortician and about gentleman from Wisconsin has expired. lic Printer has held conferences with a the difficulties that may confront my Mr. H. CARL ANDERSEN. Mr. Chair­ ctmmittee representing these workers family. The 0. P. A. has issued an order man, I yield 5 additional minutes to the over a considerable period of time, these limiting the size of caskets, the inside · gentleman ffom Wisconsin. conferences were arbitrarily terminated dimensions, to 6 feet 3 inches. No·w, Mr. Mr. KEEFE. This may seem a little by the Public Printer, all attempts of Chairman, I stand 6 feet 4 inches. I facetious and funny, and it would be the workers to reopen the conferences know a few others here who stand more if it were not so serious. I wonder if or to bargain collectively having been than that. I do not know what they these fellows down at the 0. P. A. un­ ignored. propose to do to my remains in order derstand that trees grow and that log­ Some time ago I brought to the atten­ to get me into one of these 0. P. A. gers go out and cut trees down and that tion of the Attorney General the fact coffins. I suppose they will have to cut millers saw them up into lumber and that the cost of printing for the Depart­ off my feet. That is the only way I can that the lumber goes to these concerns, ment of Justice was some 37 percent less figure it out. Is that not a bright future and that then they cut that lumber to than it would have been had the printing that we overlength fellows face? size to make caskets. They may have a been done in the Government Printing Mr. BREHM. Will the gentleman little clipping off the end that may be 3 or Office, together with the protest of work­ yield? 4 inches long, but what difference does ers in the printing industry to the effect Mr. KEEFE. I yield. it make, it just goes into the scrap or into that the funds appropriated for printing Mr. BREHM. Perhaps it is part of the fires and is burned in these mills. for the Department of Justice were be­ that program, "from the cradle to the They are not saving anything; they are ing used to undermine the labor and grave." not saving a thing. wage standards built up in the printing Mr. KEEFE. Wen, it no doubt is. Mr. FLANNAGAN. Mr. Chairman, industry. Particular emphasis was laid They may be determined to even cut wi.Jl the gentleman yield? on alleged deplorable conditions in con­ down the size of cradles-at this time, Mr. KEEFE. I yield. nection with printing for the Department however, I am thinking of some other Mr. FL.ANNAGAN. I believe the of Justice by a contractor in New York Members of this House I happen to know, 0. P. A. is going to dehydrate the 6- City. The facts appear to be admitted. some of large girth, some of great height, footers. The Attorney General simply says he can who should also view this recent order Mr. KEEFE. They may dehydrate us do nothing about it under existing law with alarm. but that will not have very much to do and that he has no suggestion to offer in Think Of the other dimensions and with length, and it is the length I am the matter. then look over some of your friends. worried about. I may be perfectly de­ Such inquiry as I have been able to The inside dimensions under this order hydrated and they may be able to get me make tends to confirm the charge that are 22 inches in width, 17 in height, and insofar as width is concerned, but I printing let to private concerns undet· 6 feet 3 inches in length. Now, I know am worried about that length. That, waiver has been let to a favored few con­ a considerable number of people in this however, does not seem to be a thing cerns even though substantial savings House, as well as many around the coun­ they are worried about; they think they could be realized to the Government by try, who are oversize, and I am wonder­ may save a little lumber and thus upset letting to others equipped to do a first­ ing just how they are going to push them and disturb the casket industry but add class job. into that kind of ~asket. I wonder how further torments to the people of the I urge, Mr. Chairman, that the Joint they are going to get the lid c:osed if Nation. I think it is one of the most Committee on Printing or some other they do succeed in squeezing them in ridiculous and ill-advised orders ever to appropriate committee of this House ex­ there. I am looking at one Member be issued by this bureau. amine into all these r.nd related matters right now. They could get him in for Mr. SHAFER. Mr. Chairman, will the in connection with Government printing length but I do not know how they are gentleman yield? and the Government Printing Office at going to take care of the width. They Mr. KEEFE. I yield. the earliest possible moment. I urge it might be able to squeeze him in, but if Mr. SHAFER. Some one over the in the name of economy and in the name they squeeze him in one way the lid radio last Sunday night made the obser­ of justice to the workers at the Govern­ would pop off the other. And here we vation or the suggestion that they ment Printing Office and throughout the have a bunch of 0. P. A. people issuing change the name of the 0. P. A. to printing industry. such a regulatory order under the ~uise "0 Pee-U." Mr. JOHNSON of Indiana. Mr. Chair­ and theory that they are going to save Mr. KEEFE. May I just read a couple man, I yield 5 minutes to the gentleman lumber-going to save lumber by cutting of paragraphs from a letter received this from Wisconsin [Mr. KEEFEJ. down the size of burial receptacles. Oh, morning from one of the finest, most Mr. KEEFE. Mr. Chairman, I do not yes! Now, to be perfectly fair to them, progressive, and liberal-minded manu­ like to be critical of the 0. P. A. at all permit me to say that the order does facturers in my district? He says: times, but occasionally there comes to allow the casket manufacturers to make Wage-and-hour laws, labor-relations laws, my desk a letter from a constituent that 10 percent of their products in larger social-security laws, confiscatory-tax laws, is expressive of sentiment that I believe sizes in any one calendar quarter. Sup­ and the matter of completing myriads of is to be · found throughout the country pose, however, that I happened to die governmental forms, reports and requisi­ toward the end of the quarter when the tions-many of them duplications during a and which should be called to the atten­ time when office and clerical help cannot be tion of the Congress and the countr.y. large-sized caskets had all been used secured-are· all things a conservative Amer­ People are looking to this Congress for up; they would have to preserve me some ican in business can stomach. The latest some relief. way and keep my remains until the next however, causes me to spout. War Produc­ This particular situation I intend to quarter. Of course, they could get me tion Board Order L -64 dated March 3, 1943, discuss is very, very interesting to me, in a casket by cutting my feet off, per­ is an example of substituting totalitarian and I know there are a few others in haps. methods instead of American methods. this House to whom it ought to be of Mr. LUDLOW. Mr. Chairman, will Order L-64 is a new method of providing a. the gentleman yield? regulatory size of burial receptacles without some interest. The 0. P. A. is not only taking into consideration the size of the regulating almost everything under the Mr. KEEFE. I am happy to yield to human body, both male and female, and the sun that we eat and wear and use, in­ the distinguished gentleman from Indi­ geographical, physical, and climatic condi­ cluding profits, but they have now issued ana. I will say to the gentleman that tions which control their size. Casket sizes an order, limitation order L-64, provid- he was on my mind. are reduced by this order from practical di- /

1943 CONGRESSIONAL RECORD-HOUSE 3145 mensions to impractical dimensions.. Regu­ It is all kind of funny. Here is a school The CHAIRMAN. The time of the lations regarding extra or larger sizes are down ·there created by Executive order, gentleman has expired. injected which are nonsensical. Provisions to train men to rule conquered coun­ Mr. JOHNSON of Indiana. Mr. Chair­ are made that 10 percent or our product may tries. The son-in-law goes down there man, I yield the balance of our time to be made in larger sizes in any one calendar ye:u quarter. If that 10 percent limitation as a captain. In 3 months he will the gentleman from Missouri [Mr. were reached at the end of February, any be a lieutenant colonel and he will be PL.OESERl. full-sized adult dying in March would have to going overseas. That is very p·ersonal Mr. PLOESER. Mr. Chairman, I want wait until April for a casket. Under this LaGuardia was very personM. tr use this time to commend the members order, you and some of the members of your It worries me that anyone thought of in the majority of the subcommittee as family, as I remember them, would require all of this so far ahead, in our fight for well as my colleagues in the minority for extra size caskets, the regulated inside di­ defense. the splendid fashion in which this com­ mensions being limited by this order to 22 You will forgive me if I make a ref­ mittee has conducted its hearings and for inches in width, 1'7 inches in height, and 6 erence to something that was terrible. the splendid progress which they have feet 3 inches in length. Reducing casket sizes will not contribute Admiral Kimmel was advanced over 49· made _in reducing the appropriation of in any way toward winning an unwelcome line officers. to the top command in the­ over a year ago. war. Saw mills cut lumber according .to the Pacific in January, 1941. It is terrible We have succeeded in reducing the ap­ length of the logs, the result of the natural to think of it. But that is the personal propriation more than $3,000,000 under growth of trees. We buy the lumber the saw government. Whose representatives are that of a year ago and we have succeeded milis cut and recut it to the size for our they going to be? Are they going to be in reducing the appropriation below the product. If the cuttings are one, two, or the representatives of the United States, so-called Budget estimate by over $1,- three inches smaller, no saving of lumber is or are they going to be the representa­ 001,000. The subcommittee unfortu­ entailed; instead we have one, two, or three tives of the President of the United nately did not have the services of the inches more to burn in our boilers. States, from in the family, or from the distinguished ranking minority member, Mr. Chairman. what are we going to do inner circle, like the mayor of New York the gentleman from New Jersey, Mr. about this situation? The gentleman has been all along? Those things alarm LANE POWERS, at this particular time be­ from New York has just told you. I have me. and that is what I wanted to say in cause of his arduous duties as a member stated it repeatedly on the floor of this this short time. of the subcommittee of the Appropria­ House: We must as a Congress do some­ Mr. MAGNUSON. Will the gentle­ tions Committee investigating the Dies thing about it besides just talking, and man yield? committee charges. finding fault. I believe the distinguished Mr. LAMBERTSON. I yield to the I want to particularly compliment the gentleman from New· York has again gentleman from Washington. · gentleman from Indiana, Mr. NoBLE' properly sounded the alarm. He is a Mr. MAGNUSON. I hope that the gen­ JoHNSON, who served as our ranking member of the deficiency subcommittee tleman is not :reflecting on the patriotism member for the minority and the dis­ of the Appropriations Committee. He of Mr. John Boettiger in getting into the tinguished committee chairman, the again says that we must see to it that United States Army? · gentleman from Kentucky, Mr. EMMET the people's money is not appropriated Mr. LAMBERTSON. I do not reflect O'NEAL, who led the committee in its and spent for the carrying out of such on him at all, not a bit more than I did expeditious work. orders as this. Mr. Chairman, I am in the four boys when I talked about their The CHAIRMAN. All time has ex­ accord with this sentiment. preferential treatment. God knows they pired. The Clerk will read the bill for The CHAIRMAN. The time of the did not give it to themselves., and John amendment. gentleman from Wisconsin has again Boettiger did not give it to himself. He The Clerk read as follows: expired. did not get his. captaincy from private In all, clerical assistance to Senators, Mr. H. CARL ANDERSEN. Mr. Chair­ life himself. A lot of men have misun­ $1,156,800. man, may I ask how the time stands? derstood me when I talked about prefer­ - The CHAIRMAN. The gentleman ential treatment. It ls not the boys Mr. AUGUST H. ANDRESEN. Mr. from Minnesota has 8% minutes re­ themselves or the son-in-law that gives Chairman, I move to strike out the last maining. it. Somebody gives it to them. word. Mr. H. CARL ANDERSEN. Mr. Chair­ Mr. MAGNUSON. The gentleman does Mr. Chairman, since we are consider­ man, I yield 5 minutes to the gentle­ not think for one moment that a man of ing the legislative appropriation bill, I man from Kansas [Mr. LAMBERTSON]. the stature of John Boettiger, leaving wish to bring·up a matter that I believe Mr. LAMBERTSON. Mr. Chairman, the position he left and having the place is vital to Congress. I had on my mind using a little more in the public mind that· he did and in Within a short time the representa­ time, but I will use this 5 minutes to private life in my city, is getting much tives of more than 30 nations will meet bring to your attention something that more than is due him when he is given a here in Washington to consider an inter­ has not been talked about. captaincy in the Army? I can take the national monetary proposal. I happen I understand the Military Govern­ gentleman down to the Pentagon Build­ to be on the Committee on Coinage, ment School at Charlottesville was set ing and show him clerks in the Depart­ where we have something to say about up by Executive order,. and supervised ment with lieutenant colonel insignia on $22,600,000,000 worth of United States by a board appointed by the President. ..their shoulders. gold. A few days ago our committee and It has come to my attention, as I indi­ . Mr. LAMBERTSON. How many of members of the Committee on Foreign cated this morning, that the President's your constituents have they made cap­ Affairs and the Committee on Banking son-in-law was given a captaincy and tains? Every captain should have been a and Currency met with Secretary Mor­ sent down there to be trained for the lieutenant. genthau, at which time he outlined the overseas service, which he indicates he . Mr. MAGNUSON. All kinds of them. American plan for setting up an inter­ wants to go to hurriedly, trained to rule and many of them with nowhere the n_ational bank. Mr. Morgenthau said it over conquered countries. That is the ability of John Boettiger. was his desire that Congress should pass purpose of the school. It is ali alarm­ Mr. LAMBERTSON. And that is the upon this question. He felt that it was to me. Possibly it is all right, maybe in thing that is helping to ruin the military necessary to have additional legislative matters of foreign affairs, that the Com­ service and the public morale. There .autho:dty. He very frankly told us that mittee on Military Afiairs can work this are hundreds of Regular Army career he wanted to keep Congress informed as out, and perhaps the rest-of us are all officers, with medals awarded to some, to what was being done. too stupid to question some of these with from 10 to 30 years' service, under There is a difference of viewpoint things, but it all dovetails into the re­ 60 years old and physically fit,. drawing among financial experts in the world on cent effort to make a brigadier general 75 percent of their pay and not even per­ the international monetary problem. out of our former colleague from New mitted to serve, through some unex­ It appears that certain co~ntries want York, Mr~ LaGuardia, and send him plainable policy of the War Department, to get control over this new financial .overseas to rule conquered countries in yet captains are continued to be made group, and we have our ideas here in some way. from private. life. · the United States as to who should have 3146 CONGRESSIONAL RECORD-HOUSE APRIL 8 control. In view of the fact that Con­ It will be recalled that the Secretary such assumption, but I can say that is gress will be called upon to approve of the Treasury in discussing his plan one of the very reasons why such a com­ legislation to perfect this organization, mentioned that no nation would have a mittee should be formed from the Con­ or to consider the matter, it seems to vote greater than 25 percent, but that the gres;.; to sit in on these conferences. I me it would be highLy advisable for the United States would be expected to con­ make the further observation there that Speaker of the House to appoint a com­ tribute to the total fund for stabilization · if any nat:on through internal revolution mittee of at least 10 or 12 members from purposes a figure which will be 40 or 50 should depreciate its own currency, the the committees which I have named so percent of tlbe total amount required for ' fat would be in the fire. that this congressional committee could that purpose. Mr. CRAWFORD. I think that fac­ sit in on all monetary conferences that · We are going to put in most of the ' tor lends the greatest support to what are held when the experts meet in Wash­ gold. We are going to stabilize the busi­ ; the gentleman from Pennsylvania and ington. I believe we are entitled to have ness dealings of the world after the war, the gentleman from Minnesota have the benefit of all discussions taking place if we can. I think some sort of stabili­ recommended in connection with a com­ within the group, and I therefore expect zation is necessary. · I am glad it is mittee from this body. to offer a resolution within the· course brought forward at this time. I think Mr. SCOTT. I agree with the gentle­ of the next day or two calling for the we ought to support it as far as we can·. man. appointment of a House committee to But I think that one thing this House Mr. AUGUST H. ANDRESEN. Mr. sit in on the conference. ought to bear particularl-y in mind, and Chairman, will the gentleman yield? One of the main reasons why I think one thing we ought to follow most closely Mr. SCOTT. I yield. we should have full and complete in­ is that provision that 80 percent of the Mr. AUGUST H. ANDRESEN. Some formation is that the United States will total voting power of the member na­ of the international banking plans pro­ be called upon to make the largest con­ tions will be necessary in order to adopt posed contemplate that this internation­ tribution to the ·proposed international certain features of -the plan, or to-make al banking group shall have the power to financial organization. We are dealing certain undisclosed changes in it. We devalue the money in any country. The w~th the people's money, and as their are not told as yet to -what features the gentleman may read such power into Representatives it is our duty to see that veto power refers. I think what· the the plan proposed by Secretary Morgen­ the money is properly safeguarded in gentleman from MiWlesota has said is thau. every respect. We shall not be able to very cogent and quite pertinent, because Mr. SCOTT. I prefer that this coun­ legislate intelligently unless we have all we need some committee from · this try shall have control of the value of its the facts before us. That is why I feel House for the purpose of determining own currency, and that that veto power we should have a group from Congress that the United States shall have a veto shall be very clear. sitting in on the international confer­ power wherever necessary to protect its Mr. AUGUST H. ANDRESEN. We ence, not necessarily to take part in the contribution and its gold which will be could not very well surrender power over deliberations, but to get the viewpoint required if this stabilization fund is go­ our own money to some international and knowtedge of secret agreements that ing to work. group without first having the Constitu­ are often made in such conferences. Mr. - AUGUST H. ANDRESEN. · Mr. tion amended? Mr. CRAWFORD. Mr. Chairman, will Chairman, will the gentleman yield? Mr. SCOTT. No. The founding the gentleman yield? · Mr. SCOTT. I yield. fathers ·provided wisely in putting con- Mr. AUGUST H. ANDRESEN. I yield. Mr. AUGUST H. ANDRESEN. Does , trol over the Nation's currency in the Mr. CRAWFORD. Does the gentleman the gentleman think it would be out of hands of the people's representatives, agree with me in the thought that there order for a committee from Congress to and -we could not give that power away, must necessarily follqw _tpe legislation ask to sit in on these conferences? even if we would. which covers the stabilization agreement Mr. SCOTT. In my opinion, it would The CHAIRMAN. The time of the providing for the stabilization of foreign not. I think such a committee ought to gentleman from Pennsylvania has ·ex;. currency; additional legislation provid­ be given an opportunity to sit in. We pired. ing for the creation of what we might ought not merely to be invited to send The Clerk reads as follows: term a Western Hemispher€ bank or an observer, a single person. I think Revision of laws: For preparation and an all-over international bank with sucl: a committee is most important and editing of the laws as authorized by the Act branches for the Western Hemisphere, most desirable. approved May 29, 1928 (1 U. S.C. 59), $8,000, Europe, and Asia, so that that bank may Mr. CRAWFORD. Mr. Chairman, will to be expended under the direction of the proceed to furnish the necessary credit the gentleman yi ~ ld? Committee on Revision of the Laws. to maintain the internal economy of the Mr. SCOTT. I yield. Mr. KENNEDY. Mr. Chairman, I rise respective countries, and through the Mr. CRAWFORD. May I ask the gen­ in opposition to the pro forma amend­ maintenance of that internal economy tleman if his mind is running along with ment. Because in a short time we are prevent the breaking down of the cur­ mine in thi~ respect? If I understand going to vote on this bill (H. R. 2409). rency stabilization plan attempted to be the general approach, this is.for the pur­ which provides expenses for the payment carried on by the stabilization fund? pose of stabilizing international cur­ of our salaries, I think it might be well Mr. AUGUST H. ANDRESEN. I agree rency in order to facilitate the transfer to bring to the attention of the Hol,lse with the gentleman. If we are to pursue of goods between the nationals of the a bill that has been introduced by the the course outlined in the Atlantic Char­ countries involved. gentleman from Texas, Representative ter, in the "four freedoms" arrangement, · Mr. SCOTT. So that the nations of SUMNERS, H. R. 1198, which would move in the master lend-lease agreement, and the world may be able to do business ac­ up the day of general election 1 month. are called upon to do the principal part cording to some well-recognized rules I wish to have you consider this bill be­ of the financing for rehabilitation of the after the war. cause the newspapers are carrying stories world, I think we should be fully in­ Mr. CRAWFORD. That has to do about an abbreviated campaign as one of formed on all matters relating to the with the stabilizing of international cur­ numerous news stories in connection understanding between the leaders -of rencies for international trading pur­ with the coming election. By the time of the different participating nations. We poses. the election we will have more than should not act without such information. . This is what I want to ask the gentle­ eleven or twelve million men in uniform, The CHAIRMAN. The time of the man. Has the gentleman had time to spread all over the world, and it will be gentleman from Minnesota has expired. · think through this proposition sufficient­ necessary to make some provision to give Mr. SCOTT. Mr. Chairman, I rise in ly to reach a conclusion in his own mind those men an opportunity to be heard in opposition to the pro forma amendment. as to whether or not such a stabilizing the coming elections. Such a provision Mr. Chairman, I take this time chiefly plan can be made effective if any coun­ would be the advancing of the date of to say that I agree very heartily with try involved fails to stabilize its own cur­ election. We all know that the brevity of what the gentleman from Minnesota has rency internally? Do I make myself the campaig_n has nothing to do with the said. We had an opportunity to hear clear? time necessary to count the votes. · Mr. Morgenthau. What I expect to say Mr. SCOTT. Yes, the- gentleman does. Unless we abbreviate the campaign, I am will have reference to his public state­ I would not undertake to be an expert afraid that we will be disfranchising sev­ ment given to the press subsequently. or to answer that question upon any eral millions of men. Certainly if there l_943 CONGRESSIONAL RECORD-HOUSE 3147 ever was a time in the history-· of this - Mr. -KEOGH. Mr. -Chairman, the pur­ need for this work in its report. I . ask country when all of us, and especially pose of this amendment is to carry into you if you will be good enough to refe:J;" men in uniform, should submit ourselves effect the unanimous action of the Com­ to the report on· this ·bill as well as the to the electorate, this is the time. We mittee on Revision of the Laws, about hearings. I am sure you will be able have passed the legislation that put them which I spoke during the course of the to convince yourself that this job must there. .We ought to give them an oppor­ general ct.ebate. The primary purpose be done and must· be done now. Our tunity to express their. views as. to can­ of this immediate request is to permit committee can and will do it for you in didates for public office, ~nd Unless we of the substantive revision and reeodifi­ the manner in which I know you want it make this provision I am afraid that un­ cation of titles 18 and 28 of the United done. intentionally yVe will be shutting out the States Code, comprising those titles of Mr. MAGNUSON. Mr. Chairman, will voices of 11,000,000 men, vital voices who the Criminal Code and Criminal Proce­ the gentleman yield? have an active interest in what this Gov­ dure and the Judicial Code, and the Mr. KEOGH. I yield. ernment is going to do, especially in view Judiciary. I should like to point out Mr. MAGNUSON How much is the of post-war planning, that vital planning that the last time the Judicial Code of gentleman asking for? that contemplates a security for man­ this country was revised was in 1911, and Mr. KEOGH. The hearings support a kind from the cradle to the grave. I it was done under the direction of a request for $110,000. My amendment believe that we ought to give serious temporary commission, at a cost of ap­ calls for $100,000, of which approxi­ thought to this ·bill, and if we do I am. proximately $230,000. That temporary mately $85,000, it is estimated,_ will go sure we will join with the gentleman commission ceased to function upon the for the bulk of the editorial work that from Texas [Mr. SUMNERS] in bringing completion of its work, and since then is necessary. The remainder will be re­ about its passage. there has been no attempt to correlate served for the necessary supervision by I have talked with a great many men any subsequent acts of this Congress om committee. . in the armed forces. During the past nor any of the decisions of the courts Mr. COCHRAN. Mr. Chairman, will election I talked with many. men and affecting existing law. The Rules of the gentleman yield? women who did not have the opportunity Civil Procedure, which were promul­ Mr. KEOGH. I yield. to vote. I am ·convinced that we will gated under the direction of a commit­ Mr. ~OCHRAN. Can the gentleman have stained the record if we come to tee appointed by the Supreme Court, tell the corhmittee whether or not he find some congressional district having cost approximately $135,000. The Rules has an estimate from the Bureau of the as few as 50,000 or 60,000 votes cast, at of Criminal Procedure, which are pres­ Budget on this item? a time when many thousands of men ently being prepared, will cost approxi­ Mr. KEOGH. Being an item in the from that same district are in uniform. mately $80,000 on completion. Your legislative appropriation bill, the gentle­ These men of the United States armed standing Committee on Revision of the man from Missouri knows better than I forces are not betting a proper chance. Laws is asking you now to give to it tbe do that the Bureau of the Budget makes They represent a substantial force of means whereby it may properly dis­ no recommendation with respect to any our adult-P-opulation; they are very im­ charge the responsibility that is this such items. portant men and women in this coun­ House's and the Congress'; a ·esponsi­ Mr. COCHRAN. The Bureau of the try. and we should do everything in our bility running to the country and to the Budget makes a recommendation when power to extend to them the privilege bench and bar generally. We are ready asked to do so. of suffrage, which belongs to them. Re­ to do the work, we are prepared to do Mr. KEOGH. We have complied with member, this is nothing that we are giv­ it, and come to you experienced in this the regular procedure, but the gentleman ing to them. We should assure them a particular work. In 1940 we supervised knows that the Bureau · of the Budget right an( opportunity to vote at the com the preparation of the edition of the makes no comment with respect to the ing election. I am not talking about the District of Columbia Code and of the legislative establishment nor to appro­ candidates one side or the other. Those United States Code. priations therefor. issues will settle down and be voted upon The District of Columbia Code was The CHAIRMAN. The time of the by the people, but I think it is up to us prepared for the first time in the history gentleman from New York has expired. to adjust the election machiJ.lery so that of this country as a completely anno­ Mr. O'NEAL. Mr. Chairman, I rise in the :·.nen in our armed forces will have a tated edition of tl.. e code. Your com­ opposition to the amendment. It is my chance to vote. mittee did that work at a cost of only purpose to explain the action of the com­ While we are voting salaries for our­ $32,500. . Unless this legislative body be­ mittee. Frankly, although I am going to selves, we might as well prepare ourselves gins now to integrate the work of all vote against the amendment, I would for a complete examination at the hands standing committees in a manner that like to submit to this House whether or of the voters. Some of us may find that the people of .this country may more not they want to engage in this work.· after the next election we will be re­ easily and more quickly know the pur­ The gentleman from New York, chair­ turned to private life, but be that as it port and -extent and scope of our laws, man of the Committee on Revision of may, let us be men enough to take this we will simply be adding continually to the Laws, is a highly respected Member step today, to bring about suffrage for the confusion that now exists. We are of this House. He is extremely inter­ every single man and woman in uniform. ready to do the job and we hope ~or and ested in the work of the Committee on The CHAIRMAN. The time of the ask for your support in performing that Revision of the Laws. He made an ex­ gentleman from New York has expired. very necessary task, a task that has been cellent presentation of his cause to our The Clerk read as follows: recognized as most necessary by all lead­ committee. The committee recognized Revision of laws: For preparation and ing jurists, by the outstanding bar asso­ that it was probably, some day, a worth­ editing of the laws as authorized by the ciations of this country, and by the while job to be done, and possibly it is act approved May 29, 1928 (1 U. S. C. 59), American Bar Association as well. By needed right now, but the committee $8,000, to be expended under the direction vesting in us the authority to do this of the Committee on Revision of the Laws. did not take action on it, first, because work you will be giving to the prepara­ when the amendment suggested by the Mr. KEOGH. Mr. Chairman, I offer tion of your laws continuing control, gentleman from New York [Mr. KEOGH] the following amendment, which I send not with respect to the substance but was proposed it was subject to a point to the desk. rather with respect to the form. We of order, in the opinion of the committee. The Clerk read as follows: shall not invade the jurisdiction of any It has been changed in such manner now Amendment offered by Mr. KEoGH: On standing committee of the House, but we that it is probably not subject to a point page 26, after line 17, insert: will simply make more understandable of order. The committee questioned "Revision of the laws: For preliminary the laws that are enacted. We say to whether or not even such an important work in connection with the preparation of you in all seriousness that making these work as this might not better be deferred a new edition of the United States Code, laws understandable is just as impor­ until a little later, possibly until the war including the correction of errors as au­ tant as making the laws themselves. thorized by the act approved March 2, 1929 emergency is over. Rightly or wrongly, (45 Stat. 1541), fiscal year 1944, -$100,000, I ask and I certainly hope that this the committee questioned whether di­ to be expended under the supervision of the amendment will prevail. The Appro­ rectives and practices on the part of var­ Committee on Revision of the Laws." · priations Committee has recognized the ious executive agencies, affecting the law LX.X:XIX--199 3148 CONGRESSIONAL RECORD-HOUSE APRIL 8 during the period of the emergency, back in the House the million and a not be undertaken at this time for sev­ would change the legal situation in many half was reinstated. Is it not the opin­ eral reasons. One of them is that all the places. Certainly, as I say, they were ion of the gentleman that work of this money we have in this country that is much influenced by what the gentleman sort right at home for this small amount available ought to be expended upon the from New York [Mr. KEoGH] has said. of money may certainly be as important war effort and not for wprk of this kind . Mr. KEOGH. Mr. Chairman, will the as the million and a half that we added that we have been getting along without, gentleman yield? on yesterday? · and can continue to get along without. Mr. O'NEAL. Yes; I yield. Mr. O'NEAL. The gentleman from In the second place, we are ruled today Mr. KEOGH. I should like to remind Kentucky thinks we ought to save where­ largely by rules and regulations issued the gentleman of a fact which I am sure ever we can save. by the departments and by Presidential he knows, that all this temporary legis­ The CHAffiMAN. The time of the directives, and I want to know how in lation which we are now passing to meet gentleman from Kentucky has expired. the world anybody who is attempting to the present emergency, being temporary Mr. WALTER. Mr. Chairman, I move recodify laws can keep their work up legislation, is not a part of the code and, to strike out the last word. and checked so as to be on time with the therefore, would not affect the objectives Mr. Chairman, I respectfully point out various changes in the rules, regulations, of our committee. to the House as a sample of the type of and Presidential directives, and what Mr. O'NEAL. It seemed to the com­ work this splendid committee on the would this work be worth after the war mittee that directives that affect the law revision of the laws performs, the codifi­ is over, which we hope will not be long, during this period might have some cation of the laws of the District of after these temporary laws, these rules, place in some new preparation of codi­ Columbia. All of the Members have these regulations, and these directives fied law, showing that it does not have probably seen this work and I trust they have been set aside, are no longer en­ any particular importance or bearing have all examined it. If they have I am forced, and Congress begins to legislate upon the permanent legal situation. sure they will agree with me that · no and we go back to a government of laws The committee heard the gentleman. finer or more thorough job of the sort instead of a government of men and They recognized the need for the work. has ever been done. rules? I think the work ought to be They did not want to spend $100,000 or Now as to the amount of $100,000, undertaken when this emergency is $110,000 for it. They questioned the de­ while we are always guilty of plugging over-when the job can be done right. sirability of hiring some private concern up these little leaks around the spigot, Mr. WALTER. Mr. Chairman, will to do it, where later, by publishing an an­ I suggest that we could find $100,000 very the gentleman yield? notated code, they might get the benefit quickly by dispensing with the services of Mr. JOHNSON of Indiana. I yield. of it, but recognized that the job should say 20 o-: ·these $5,000 a year members of Mr. WALTER. I call the gentleman's some day be done. Knowing the ability the bar of which there are so many in attention to the fact that rules, regula­ and the competency and the integrity the employ of the Government today. tions, and directives, never find their of the Committee on Revision of Laws, You will note that I described them as place in a code of law. the committee decided to submit it to you "members of the bar" because I would Mr. JOHNSON of Indiana. If they do whether or not you wanted to authorize not dignify them by calling them lawYers. not they will be of no value because of the this additional expenditure of $100,000 This work must be done at some time. fact that the rules, regulations, and Pres­ at this time. Therefore we submitted it Not since 1911 have these titles of the idential directives are taking precedence in this way. codes been revised or properly codified. and are largely governing the people to­ Mr. HENDRICKS. Mr. Chairman, will I know of nothing more unsatisfactory day. That is the reason why we should the gentleman yield? than to look at the code and thereafter wait for the appropriate time to do this Mr. O'NEAL. I yield. wonder whether or not the law une read work. Mr. HENDRICKS. I am a member was the law of the land at th,. time one Mr. RABAUT. Mr. Chairman, will the of that subcommittee. As I recall, we looked at it. gentleman yield? did not vote on this matter in the sub­ By adopting this amendment you will Mr. JOHNSON of Indiana. I yield. committee, or we did not turn it down be rendering a great service, not only to Members of Congress but to the judiciary Mr. RABAUT. Am I. in error or am I on the merits of the cause, but at the correct in the idea that in the full com­ time, as I recall, we discussed the ques­ and the lawyers throughout the Nation who are certainly entitled to know what mittee the statement was made there was tion as to whether it was authorized by no prejudice against this on the part of law. At that time we did not feel it was the last pronouncement is. authorized by law, but since the amend­ Mr. KEEFE. Mr. Chairman, will the the committee but they thought they ment has been drawn differently I be­ gentleman yield? would let the House decide the matter? lieve the chairman will agree with me, Mr. WALTER. I yield. Mr. JOHNSON of Indiana. If there we felt it was in order. I just wanted to Mr. KEEFE. Let me say to the distin­ was any "Uch understanding I do not make it clear that the committee did not guished gentleman from Pennsylvania know. vote on the merits of the amendment. that, as a lawyer, I am in complete accord Mr. RABAUT. I do not mean under­ Mr. O'NEAL. The committee did dis­ with the statements he has made and standing; I said those words were used cuss the various phases of it, both as to with the statement made by the distin­ when this matter was taken up. That whether or not it was admissible, and guished gentleman from New York, the is my recollection. other matters. chairman of the Committee on Revision Mr. JOHNSON of Indiana. I do not know. I do not remember any such We ~ring it to you. We are not willing, of the Laws. I believe this amendment as a committee, to put it in this bill. I should pass, and I am perfectly satisfied words. It was brought up and we did think perhaps the committee members in my own mind that it will meet a long­ not put it in the bill. will vote against it, but we believe the felt need and what has become an abso­ Mr. PLOESER. Will the gentleman work is highly important. It cost lute necessity for the legal profession of yield? $100,000, and we wanted this Committee this country and the judiciary. Mr. JOHNSON of Indiana. I yield to of the Whole to decide whether or not Mr. W AL'l'ER. After all, the lawbooks the gentleman from Missouri. we would go ahead with this expenditure are a lawyer's tools, and today our tools Mr. PLOESER. The chairman of the at this time. are very rusty and in many instances subcommittee made that expression, as Mr. KENNEDY. Mr. Chairman, will have broken handles. I remember it, in the committee and he the gentleman yield? Mr. JOHNSON of Indiana. Mr. just made it again on the :floor of the Mr. O'NEAL. I yield. Chairman, I rise in opposition to the pro­ House. There was no such position taken Mr. KENNEDY. I am sure the gen­ forma amendment. either by the whole Committee on Ap­ tleman is not unmindful of the fact that Mr. Chairman, this matter was most propriations or the subcommittee. yesterday this House voted to spend four ably presented to the committee by the Mr. JOHNSON of Indiana. That is my and one-half million dollars on South gentleman from New York and the com­ understanding. America, which I think is very worthY. mittee gave it serious thought and I will Mr. GIFFORD. Will the gentleman An amendment was adopted in the say serious discussion. I believe we can yield? Committee of the Whole reducing it a agree there is some need for work of this Mr. JOHNSON of Indiana. I yield million and a half, but when W:J went kind. I believe, however, that it should to the gentleman from Massachusetts. CONGRESSIONAL RECORD-HOUSE 3149 Mr. GIFFORD. Should there not be reprint 400 1942 yearbooks for distribu­ upon it, which will result in performing some possible comfort for the lawyers tion by each Member of the House. As a service that will last for generations in having it remain a confused code be­ a farmer I would very much like to have and ages. Of course, future revisions cause so often certainly they are able to 400 new yoorbooks, and by the way, the will have to be made, but we will have better protect their clients by confusion? 1942 yearbook is a very superior work, laid the groundwork for something that That seems to be very often their best but I took the same position that day as will be of permanent and lasting value weapon. today and voted against and helped to to this Nation for all time to come. Mr. JOHNSON of Indiana. · Perhaps defeat that amendment in committee. With that in mind I urge the members that is the case. Those yearbooks are not necessary today. of this committee to follow the counsel The CHAIRMAN. The time of the They are not essential to the winning of and advice of the d~stinguished gentle­ gentleman has P.xpired. this war. Those yearbooks represented man from New York [Mr. KEOGH] and Mr. O'NEAL. Mr. Chairman, I ask to me a bomber which we could better vote for this minor appropriation of unanimous consent that all debate on this send across the seas. They represented $100,000 so that the work can be started amendment and all 'amendments thereto to me something just like this proposed and undertaken immediately. close in 15 minutes, 5 minutes to be used recodification. We would like to have Mr. COLE of Missouri. Will the gen­ by the gentleman from Minnesota [Mr. them, but now is neither the time nor the tleman yield? H. CARL ANDERSEN] and the balance to be place for such expenditure of our tax­ Mr. KUNKEL. I yield to the gentle­ divided .between the three gentlemen payers' money. The cost of printing and man from Missouri. standing. labor has skyrocketed. Newsprint is Mr. COLE of Missouri. Is it not a fact The CHAIRMAN. Is there objection to hard to obtain. To me, every man em­ that most lawyers now use the United the request of the gentleman from Ken­ ployed on any such project represents one States Code annotated rather than the tucky [Mr. O'NEAL]? less who should and could be on a farm Government code? Mr. HINSHAW. Mr. Chairman, .re­ helping to produce the food so much Mr. KUNKEL. Yes; but that is rela- serving the right to object, the gentleman needed today. tively imperfect. . from Pennsylvania [Mr. KUNKEL] has Our subcommittee has worked long Mr. KEOGH. Does not the gentleman been seeking recognition for 5 minutes tedious hours so as to cut this bill down realize that the body of a:tly code must before this request was made, and the $3,000,000 below the last year's appropria­ conform with E..nd follow .the body of the gentleman from Minnesota has been sub­ tion. Will you not aid us in preserving official United States Code? stituted. I think the gentleman from these savings and stand up and vote down Mr. COLE of Missouri. That is true, Pennsylvania [Mr. KuNKEL] is entitled the pending amendment, which seeks to but the U.S. C. A. has a very good, com­ to 5 minutes as well as the Member of add $100,000 to the total of the bill? One plete index. the legislative committee who favors this hundred thousand dollars is a lot of Mr. KEOGH. The Official United amendment on the minority side. money back in Minnesota. Here, dealing States Code has precisel: the same index. The CHAIRMAN. Does the gentle­ in billions, we are apt to lose our per­ The CHAIRMAN. The time of the man object? spective. gentleman has expired. Mr. KUNKEL. Three minutes is all I I again repeat, Mr. Chairman, that The Chair recognizes the gentleman need. this amendment has much merit but it from South Carolina [Mr. FuLMER] for The CHAIRMAN. Is there objection to cannot pass the acid test which should 4 minutes. the request of the gentleman from Ken­ be applied to all appropriation bills in Mr. FULMER. Mr. Chairman, I was tucky [Mr. O'NEAL]? this dark hour of war: Is it necessary very much interested in listening to the There was no objection. and will it help toward achieving victory? splendid addresses delivered by several The CHAIRMAN. The Chair recog­ The CHAIRMAN. The Chair recog­ of the distinguished Members of this nizes the gentleman from Minnesota [Mr. nizes the gentleman from Pennsylvania House, all of whom are lawyers. The H. CARL ANDERSEN]. [Mr. KUNKEL]. thing that flashed through my mind, al­ Mr. H. CARL ANDERSEN. Mr. Chair­ Mr. KUNKEL. Mr. Chairman, this though the amount involved in this ma,n, may I give a little illustration of a proposition admittedly has been very amendment is rather small, was whether pappening in the full Committee on Ap­ necessary for the country for years and or not this might have something to do propriations the other day to illustrate years and years. There has not been with inflation. If you even mention the my viewpoint as to why we should not, any codification maue since 1911, as the word "farmer" on the floor of this House, with all deference to the gentleman from distinguished gentleman from New York you hear over the radio and see in the New York, accept his amendment? We will confirm. press, especially the large commercial pa­ are in a war for survival. It is needless Mr. KEOGH. That is correct. pers of ths country, "Oh, that will bring for me to tell you that. You all know it. Mr. KUNKEL. During that whole about inflation. You are destroying the Is this spending of $100,000 at this time period it has been generally admitted consumers of the country." But when essential to our war effort? I say, "No." by members of the bar and everybody you get an item up here, small or large, I am not attempting to tell the pro­ else who has studied the subject that it in which these distinguished lawyers are found legal fraternity of this House is essential that this be done. It has interested, and they constitute a great whether or not this recodification is been postponed and postponed and post­ majority of the Members of the House, necessary. I am inclined to agree with poned. If we are ever going to start, we it does not make any difference about how the learned lawyers who support this should start right now. many billions we have to spend to win this amendment that this work will be neces­ We are starting in a very modest man­ war, it does not mean anything about sary to perform. But is it necessary to­ ner under this proposal. We are only bringing about inflation. day? Is it vital enough now to use man­ trying to codify two of the codes, the Seriously, Mr. Chairman, there are power so badly needed elsewhere? Mr. one on the Judiciary and the Criminal many things that should have been done Chairman, this work and expenditure of Code. If those two codifications work in the past and that we should do in the $100,000, I feel can help to fill up the out satisfactorily, as the members of the future. There is many a program we reservoir of jobs we must provide for our Committee on the Revision of the Laws have had in the past because of the returning soldiers after this most horrible feel sure they will, then, of course, the serious situation of the country, involv­ of all wars is over. Also, the woods will Congress can decide whether it wishes ing unemployment, and the condition of be full of members of the legal profession the other codifications made. the farmers, who have not had during the seeking new positions · after having been I also want to stress very strongly that past year a square deal because th~y are turned loose from the soft berths in the Committee on Revision of Laws, as not organized and are helpless in having governmental agencies. .Let us keep jobs I get the history of it, has favored this to accept whatever they are offered for such as this as a cushion for unemploy­ for many years back. At this particular their products and on the other hand ment, following the war. time it is the unanimous opinion of both have to pay monopolistic fixed prices for Just the other day in our Committee the majority and the minority members practically everything they buy. I warn on Appropriations there came before us of that committee that the work should that we had better cut out some of these an amendment offered by the gentleman be started and undertaken at once. I programs and some of these appropria­ from Georgia [Mr. TARVER] seeking to feel that this is a job, if we want to start tions and put your minds on the winning 3150 ' CONGRESSIONAL RECORD-HOUSE APRIL 8 : of this war, the gyeatest struggle ever in crat, saw the need for this revision. The 'practically no business being done there. the history of this country-. If not, we excuse originally given by the commit­ and we could see no reason in the world may regret spending money when that tee that we did not have authority is why we should not abolish clerkships spending can be delayed to some other wrong. Anyway, it has been amended · wheie there was no business being done. time, perhaps: after this war when. no so that there is no room for objection. If gentlemen will turn to pages 29 and doubt, we will be called npon to spend I congratulate the able members af the 30 of the hearings, they will find the millions to give employment to- millions Subcommittee on Appropriations on testimony about this matter. . of unemployed people. leaving this an open question so that the The p2.ragraph beginning on line 17, The CHAIRMAN. The Chair reoog­ House can decide for itself what it wants page 55, is a vrovision that is clearlY . nizes the gentleman from North Dakota and what it does not want. anthorized by the Holman rule, and I [Mr. LEMIRJ. Mr. H. CARL ANDERSEN. Mr. Chair­ think we can sustain it against any point Mr. LEMKE. Mr. Chairman, if we man, wm the gentleman yield? of order. As to the positions beginning still bave a democracy, then let us reason Mr. LEMKE!. I yield to the gentle­ on line 12, page 56, the paragraph be­ rationally together. This amendment man from Minnesota. ginning with the woids "The provisions does not affect the legal profession. It Mr. H. CARL ANDERSEN. The gen­ of law" the testimony was that these affects 130,000,000 men, women~ and cbil­ tleman was speaking about $1,000,000,000 offices are not needed yet could be filled. dren. It saves millions of dollars and meaning nothing, and saying that we We put thisJlrovision in which we think useless appeals not only to the circuit should not have any concern about that. is subject to the point of order. I am court of appeals but even to the Supreme I think it is about time we begin to think moving to strike out the last word at Court of the United States because law­ about these $100,000 items if we are this time to announce that when we yers are not able to find the law as they going to keep this Nation of ours from reac!1 the paragraph beginning on line · would be able to, if the laws were prop­ going bankrupt. 12, page 56, I shall ask unanimous con­ erly reVised and codified. Mr. LEMKE. It is ab.out time you sent. to stri:ke· that provision from the I speak with some authority on this think more about the billions you are bill, and then I shall offer an amend­ matter because I have had some experi­ and have been giving to foreign coun­ ment which is clearly within the Holman ence. I took a- vacation for 2 years and I tries, and be more wllling to protect the rule, which merely provides that no tried S()me cases. I know that both the American people in their property, in money appropriated in this bill shall be legal profession and the judiciary half their lives, and in their liberty, especially used for the purpose of maintaining of the time cannot find the law under if it takes only a measly little $100,000. those omces. As I stated, they are not which a case is being brought or tried The CHAIRMAN. All time has ex­ being maintained now. There is noth­ because they do not have time to go pired. ing to be gained by letting them go on. through the various parts of the Code~ in The question is on the amendment We think it would be well to strike that which you find the la-ws scattered all offered by the gentleman from New York out, and in offering this unanimous con­ over, not codified but arranged in an im­ [Mr. Ki:OGHJ. sent request, we remove language which perfect and illogical condition. Without objection, the Clerk will again could have been ruled out on a point of Therefore, let us not talk about infla­ read the Keogh amendment. order. The1;efore, I ask permission to tion. I shall join my friend fiom South There was no objection. strike from the bill the paragraph on Carolina some day on that subject. He. The Clerk again read the Keogh page 56 beginning on line 12 and ending is absolutely right. We talk about every­ amendment. on line 25. thing else but the subject under dis­ The question was taken; and the Chair Mr. CASE. Mr. Chairman, I reserve cussion. We have here an amendment being in doubt, the Committee divided, the right to object. I think that the dealing with $100,000. Why wo:rry; $1,- and there were-ayes 103, noes 67. gentleman cannot make that request 000,000,000 is only a molehill to us. It So the amendment was agreed to. until the paragraph has been read, and is about time that we do something con­ The Clerk read as follows: I was listening very intently to the Clerk and I do not think it has yet been read. - structive, and this is one of the construc­ Salaries of clerks of courts; ror salaries of tive measures. After that we will go one clerks of United States circuit courts of ap­ Mr. O'NEAL. Then I announce to the step further and do something con,struc­ peals and United States district courts, their · committee that at the right time I shall: tive for agriculture and give it 100 per­ deputies. and other assistants, $2,542,900: ask unanimous consent to strike from cent parity. Then we will be doing what Provided, That the positions of deputy clerk the bill the paragraph beginning on page · we ought to do. of the United States district court at Spring­ 56, line 12, and ending on line 25. If that · · Something was said about rules and di­ field, Mass.; Cumberland, Md.; Statesville, consent is given, then I shall offer an N. C.; Big Stone Gap, Va.; Charlottesville, amend1:1ent which will accomplish the · rectives. Rules and directives are based Va..; Key West, Fla.; Victoria, Tex.; Del Rio, upon the laws we pass. If we have been Tex.; La Crosse, Wis.; Batesville, Ark.; Harri­ same purpose. silly enough and foolish enough to pass son,_ Ark.; Creston, Iowa; Ottumwa, Iowa; Mr. MICHENER. Mr. Chairman, I these laws under which the rules and Chadron, Nebr.; Grand Island, Nebr.: reserve the right to object. That is the directives are made, do not take it out Hastings, Nebr.; McCook, Nebr.; Norfolk, section to which we had the colloquy on the people who are trying to get jus­ Nellr.; Min!>t, N.Dak.; Grand Forks, N. Dak.; on the floor? Jamestown, N.Dak.; Moscow, Idaho; Belling­ tice in the c~mits. That was not their Mr. O'NEAL. That is correct, but I · ham, Wash.; and Pueblo, Colo., are hereby mistake, it wa.s our mistake. Again, I abolished and such provisions of law as re­ say to the gentleman that we had a shall help you to correct those mistakes quire offices of clerks of courts to be main­ colloquy with reference to two sections. if you will get busy and do it. tained at such places are hereby repealed, I misunderstood the gentleman. I The revision of our laws will also help but this proviso shall not be so construed thought he referred to the section pre­ the farmers. Most of the litigation in as to prevent the detail during sessions of ceding this, but he was referring to the which I took part during the last Z years court of S'Uch employees as may be necessary fmm other offices to the offices named herein. section now under discussion. related to farmers in distress, farmers Mr. CASE. Mr. Chairman, I rise in whom the Government forgot. They Mr. O'NEAL. Mr. Chairman, I move opposition to the pro forma amendment. took their property without consulting to strike out the last word. I rise to Mr. STEFAN. Mr. Chairman, I reserve them and then demanded th.at they take call attention of the Committee to page the right to object. what the Government offered them or 55 of the bill. This is the item which Mr. WALTER. Mr. Chairman, a par­ take nothing. in general debate was discussed, relative It is about time that the courts have liamentary inquiry. To what point has to the abolition of certain positions in the Clerk read? an opportunity to know where to find the Federal judiciary system. The tes­ the law and how to find it and what the timony before our committee was to the The CHAIRMAN. Down to line 11, law is, which they cannot do when they effect that practically no business was on page 56. have to search all through the code for being done where clerks were hired at Mr. WALTER. Mr. c;hairman, I make it. certain places and where offices were the point of order that the material con-:­ In conclusion, I say let us reason to­ maintained. That was the position, not tained in line 20. page 55, down to the gether. This is not a party issue, this is voluntarily given, but after the com­ end of the paragraph on page 56, line an American issue. Every lawyer on mittee questioned the administrative 11, is legislation on an appropriation that committee, Republican and Demo- officer of the court. He stated there was bill. CONGRESSIONAL RECORD-HOUSE 3151 Mr. COCHRAN. Mr. Chairman, I . mittees. So that today, for instance, we and the subcommittee, and they were make the point of order that ·there was have the Military Affairs Committee mighty careful to see to it that no one no reservation made when this bill was passing on military appropriations. knew about it. Then we come to the introduced with reference to points of Then we have the check of the Sub­ floor, and for some reason no points of order, and the RECORD wilJ bear me out. committee on Appropriations for Mili­ order were reserved, and we find our­ Therefore a point of order against any­ ~ary Affairs determining whether it is selves in the position now where the only thing in the bill now is not in order. advisable to spend the money and to do thing we can do is to accept that situa­ Mr. MICHENER. Mr. Chairman, I the things authorized. If the Appro­ tion, provided the Chair follows those old desire to be heard on that point of order. priations Committee is permitted to be­ precedents. The CHAIRMAN. The Chair will be come a supercommittee and by techni­ I know it is quite difficult to get away glad to hear the gentleman. calities usurp the powers of the legisla­ from precedent. Sometimes I think we Mr. MICHENER. Mr. Chairman, as I tive committees, the time.is not far dis­ would be better off, especially with an am sure the Chair well knows, there is tant when there will be no need for the old decision and a wrong decision if we no rule of the House requiring reserva­ legislative committees. did not follow precedents. I know that tion of all points of order before the Now, let us take the question involved the court is expected to follow decisions, House goes into Com~nittee of the Whole here. A couple of years ago the House but it has always been my philosophy for the consideration on any bill. In Committee on the Judiciary reported a that if a court away back yonder, when fact, possibly as far back as 1882 a cus­ bill setting up and establishing a new conditions were entirely different, rend­ tom was established-a sort of textbook agency, another bureau in the Govern­ eJ.·ed a decision which is clearly out of custom, a precedent custom, not sup­ ment. It was for the administration of tune today, which doeE not meet present­ ported by a rule-whereby the Commit­ justice. day conditions, which is not just, which tee on Appropriations reserves points of Mr. O'NEAL. Mr. Chairman, will the is not equitable, and which is not right, order against appropriation bills before gentleman yield? the court should find a way and state the House goes into Committee of the Mr. MICHENER. Yes; I yield. the facts that will meet the conditions of Whole for the consideration of the bill. Mr. O'NEAL. Will the gentleman, in today. That was the custom when I came here, charging this against the Appropriations The rules of the House are for but one and that has been followed down through Committee, be kind enough to state what purpose, and that is to permit the House tpe years. Once in a great while the the Holman rule is? to carry out its will according to r laid· custom is not observed. I :1ave in mind Mr. MICHENER. I am not discussing down formula. Now, if there was a rule, one occasion where I know perscnally the Holman rule at all. That is an en­ then I would not be speaking. I am ask­ the custom was not followed for a pur­ tirely different question and I am sure ing a great dea.l of the Chairman. I pose, because there was in the bill matter the presiding Chairman appreciates the know he is a courageous man, and I do which was subject- to a point of order, fact. I am discussing the point of order hope he will take the bit in his teeth and which fact was known to the Committee made by the gentleman from Missouri decide this matter as it should be de­ on Appropriations; but the average [Mr. COCHRAN]. cided and write a rule that meets condi­ MeMber of the House, paylng no atten­ To resume wnere I left off, the Com­ tions today. tion to the reserving of points of Jrder, mittee on the Judiciary brought in a bill Mr. COCHRAN. · Mr. Chairman, will did not take advantage, and, as a result, setting up another agency, another the gentleman yield? when the in:.prvpfr part of the bill was bureau, the purpose of which bureau is Mr. MICHENER. Yes; I yield. reached, as is the case today, the 'oint to supervise the general conduct of the Mr. COCHRAN. I call the gentleman's was raised that because that same cus­ judiciary of the United States. They attention to rule 21, paragraph 2, and the tom-not a rule-was not followed, the were given specific duties and powers. decisions of his distinguished friend from . person making the point of order was Now, the administrator of that bureau, Illinois, Mr. Chindblom, on the subject. precluded from making it. That is who is a bureaucrat-the chairman of M1. MICHENER. I am familiar with where we are today. i am not saying the subcommittee said awhile ago he did those rules. I do not think the Chair will today that there was any trickery, but not know what a bureaucrat was. Well, cite them as authority for what the gen­ I am saying that in the other case there here is one. I helped to establish his tleman contends. Possibly Chairman was. I am not saying that there was any agency but I did not have any idea he Chindblo\1}, who was a Member of the intention to force anyti1ing through here was going to go before a secret hearing House, and with wh(.m I served, might by means of a technicality, but I am say­ of the subcommittee of the Committee have decid ~d back there in Committee of ing that the result is the same. I am on Appropriations and there, in secret, the Whole-! presume he did if the gen­ saying that the Chair may rule, of course, advise the subcommittee that certain tleman says so, although I have not seen following the precedents to which I have courts in the land were not needed or the decisions at all. but I presume he referred, points raised on several occa­ that certain functionaries in those sustained the old 1896 decision, which I sions, but a long time ago those original courts, like clerks, were not needed, and say is archaic, and whict, I hope will be precedents were estabEshed when the that they should be abolished and the done away with. To hold as I advocate conditions in the House were entirely dif­ law creating them repealed. The Ap- · will not violate the rules of the House, ferent from what they are today. In propriations Committee is not a legisla­ and will give modern interpretation to those <.:ays the Legislative Committee on tive committee. The rest of the Mem­ Chairman-made precedents. Rivers and Harbors appropriated for bers, including tbe Speaker, other than Mr. CASE. Mr. Chairman, I would rivers and harbors. the Committee on Appropriations, had like to be heard on the point of order. The Military Affairs Committee ap­ no knowledge that there was any such Mr. O'NEAL. Mr. Chairman, a par­ propriated for military necessities, the purpose or intent on the part of the liamentary inquiry. Naval Affairs Committee appropriated bureau or on the part of the subcommit­ The CHAIRMAN. The gentleman will for naval affairs, and so on down tee or on the part of the Appropriations state it. through. In other words, there was Committee. The hearings were held in Mr. O'NEAL. I would like to state little distinction between the legislative secret. The transcript was printed. that the chairman of the subcommittee committee and the appropriating com­ The printed hearings were kept away has no desire whatsoever to rely upon mittee, because the legislative committee from other Members of the Congress any technicality. I am perfectly certain in those instances performed both until the bill was brought on the floor that what has been done in this bill, as functions. for consideration. Then and then only I mentioned a moment ago, is clearly When the Budget system was set up in were those hearings released. I did within the rights of the committee, but 1921, I think it was, the entire situation not know about it. The Members rep­ the parliamentary question is this, due was changed, and the appropriating resenting the districts in which these to the fact that reservation of points of power was all lodged in one great super­ clerks of the courts are to be abolished order was not made, is the Chair in a committee. The membership of that had no knowledge of it. They knew position now to hear a point of order committee was increased to 35, and the nothing about it. The secret was en_. argued? If the Chair would rule that committee was divided int9 subcom-· tirely within the heart of the bureaucrat he can entertain a point of order, we 3152 CONGRESSIONAL RECORD-HOUSE APRIL 8 would know better how to proceed. I instance, for some reason-probably to the Well of the House and made a would like to be heard on the point of through inadvertence-the ranking mi­ statement that he thought a point of order if the Chair is going to entertain nority member failed tg reserve points order would lie against the second para­ the point of order. of order, so the gentleman from Missouri graph. The chairman knew at that time· The CHAIRMAN (Mr. McGRANERY). is in position to call up this old practice that no point of order could be made The Chair is always in a position to en­ and object to any point of order being against it. I kriew that, but I stated that tertain a point of order and arguments made against any legislative item in this I thought it would lie against it properly on it. In this particular matter the appropriation bill. and therefore I was going to ask unani­ Chair is prepared now to rule. It seems to me it would be decidedly mous consent to withdraw that para­ Mr. CASE. Mr. Chairman, before the unfortunate because if this precedent graph and o:ffer another amendment Chair rules I would like to be heard should be recognized in this House, then which would be perfectly in order. I did briefly. every legislative· committee must guard that with a desire that this point would Mr. O'NEAL. I, too, Mr. Chairman, de­ against such a situation as this. not be brought up and with the hope sire to be heard on the point of order. As the gentleman from Michigan has that it would not be presented to the The CHAIRMAN. The Chair will hear pointed out, the situation today is en­ Chair. As ct_airman of this committee I the gentleman from South Dakota. tirely different from what it was at the stated publicly that I was willing to rec­ Mr. CASE. Mr. Chairman, as a mem­ time this practice grew up. At that time ognize the fact that it would be subject to ber of the Committee on Appropriations, a legislative committe~ had jurisdiction a point of order, a! though I knew it would it might seem that I would like to have over reporting appropriations also in its not lie, because no reservation had been the Appropriations Committee have all field and so the legislative committee made. So this committee was acting in the power that might be found for it by was on notice, so to speak, that a bill perfect good faith ir.. not trying to put application of the precedent cited by the was coming up involving appropriations over something sharp on the Committee gentleman from Missouri, but I feel it that might also carry legislative riders, of the Whole. We were endeavoring to would be distinctly unfortunate for the but today legislative committees cannot cure it by unanimous consent and I want procedure of the House ~f that precedent be on notice that an appropriation com­ the House to know there was no e:ffort to should receive any additional prestige by mittee may be bringing in some section take advantage of the situation. · being followed in this case. repealing statutory law. They know Mr. TABER. Will the gentleman As the gentleman from Michigan has nothing of the hearings until the day yield? very aptly pointed {JUt, those old decisions before and they do not see the bill until Mr. O'NEAL. I yield to the gentleman were not based upon a rule of the House· it has been reported. from New York. but simply upon a practice. I invite the How can every or any chairman of a Mr. TABER. May I suggest to the gen­ attention of the Chair to the citations in legislative committee know that he must tleman that if unanimous consent is not volume 5 of Hinds' Precedents, page 956, reserve points of order when an appro­ given, a motion would be in order to and following, where, in a dP.cision of priation bill is reported? He will not strike out the language that some of . March 31, 1882, Mr. Speaker Keifer defi­ even know when it is to be reported, much these people have criticized, and then a nitely referred to the situatio:n as merely less what is in the bill. If an appropri­ motion might be in order to substitute a practice that had grown up in the ations subcommittee agrees for any rea­ new language that would be in order. House. son not to reserve points of order, legis­ Mr. O'NEAL. May I say to tl;le gentle­ If this precedent or practice is further lative committees wiil find their rights man that if w~ could follow the procedure observed it will mean that every legis­ lost, .as the Judiciary Committee finds that the chairman of the subcommittee · lative committee of the House must be itself threatened today, suggested, namely, that unanimous con­ on guard when an appropriation bill is It seems to me it would be decidedly sent be given to strike the language in reported to the House lest the ranking unfortunate if this Congress should rec­ the second paragraph, I would then o:ffer minority Member or some other Member ognize that old practice and give any an amendment to the bill which would be should fail to reserve points of order. further standing thereto. in order that will' cure the entire situa­ Any appropriations subcommittee of the Mr. O'NEAL. Mr. Chairman, I desire tion. But, as I understand it, so long House could bring in legislation repealing to be heard on the point of order. as a point of order is made by the gentle­ acts under the jurisdiction of any other The CHAffiMAN. The Chair will hear man from Missouri, he is well within his committee of the House. Legislative the gentleman from Kentucky. rights and no points of order would lie, committees would be powerless to protect Mr. O'NEAL. I should like to make in my opinion, and I think the Chair themselves against repealers. They do this matter clear to the House so there would so rule. not get to see the appropriation bills un­ may not be any misunderstanding. The Mr. TABER. But the thing could be · gentlem~m from Kentucky and other covered so t:Qat the House would be in til they have been reported. the same position that it would have Moreover, the application of such a members of the committee are well aware that no reservation of all points of order been if reservations had been made by precedent seems decidedly unfair because striking out the offending language on under rule 21 the Committee on Appro­ was made at the time the bill was ordered. amendment and then permitting lan­ priations or Members of the House can guage that would be in order to be o:ffered make points of order against appropria­ Mr. MARTIN of Massachusetts. Mr. Chairman, will the gentleman yield? if that could be done. ' tions in legislative bills at any time and Mr. O'NEAL. Well, the amendment to without reserving the point of order when Mr. O'NEAL. I yield. Mr. MARTIN of Massachusetts. To be o:ffered by the committee would strike the bills are reported to the House. make it accurate, did the gentlemar give out the language which would have been Turn-about is fair play. The rule should subject to a point of order, and this new work both ways. I call the Chair's at­ notice to the minority members of his subcommittee that he was going to pre­ language in the opinion of the committee tention to this sentence in paragraph 4 would not be subject to a point of order. under rule 21: sent the bill at the time he did? Mr. O'NEAL. They were present at That is the way we attempted to cure it. A question of order on an appropriation in the meeting of the full committee, and it Mr. COCHRAN. Will the gentleman any such bill, joint resolution, or amendment yield? thereto, may be raised at any time. is common practice that as soon as the full committee approves the bill whoever Mr. O'NEAL. I yield to the gentleman So it is not necessary to reserve points is in charge of the bill comes to the floor from Missouri. of order against appropriations when and reports the bill. Now, let me pro­ Mr. COCHRAN. The gentleman from legislative bills are involved. Should a ceed. I think there is a lot of excitement Pennsylva]jlia made a point of order to legislative committee bring in a bill re­ about this unnecessarily. This commit­ the parag'faph which had been read. porting an appropriation, any member tee has no desire or thought of pushing The paragraph the gentleman refers to, of the Committee on Appropriations, or any kind cf procedure against any point as I understand it, has not yet been read. any other Member of the House, may of order being made to a portion of the When the gentleman from Pennsylvania make a point of order against that ap­ bill; we· had no thought of doing that. made the point of order against the par­ propriation or against the reporting of Just before tt~e point of order was made agraph I made the further point of order that part of the bill. But here in this the chairman of this subcommittee went that his point of order was not in order '1943 CONGR·ESSIONAL RECORD-HOUSE 3153 because no reservation had been made The CHAIRMAN. The Chair thinks Mr. CASE. I was hopeful that the when the bill was reported. So, if the· if the gentleman will read clause 2 ·of Chairman would make this the first time gentleman from Pennsylvania wants ·to rule XXI he will find that that provi­ anp take advantage of that suggestion. withdraw his point of order, I will with­ sion applies merely to appropriation :.rJa:r. STEFAN. Mr. Chairman, I offer draw mine. bills, while clause 4 of rule XXI applies an amendment. Mr. WALTER. Mr. Chairman, a -par­ to legislative bills coming from commit­ Mr. WALTER. Mr. Chairman, a par­ liamentary inquiry. tees not having appropriating powers. liamentary inquiry. The CHAIR1',1AN. · The gentleman will Mr. MICHENER. That is the deci­ The -cHAIRMAN. · The gentleman state it. sion. will state it. Mr. WALTER. Is not the Chair in the The CHAIRMAN. Yes. Mr. WALTER. I have had an amend­ position at this moment of h~ving to rule· Mr. WALTER. Mr. Chairman, a par­ ment on the desk for some time. I am on the point of order made by the gen­ liamentary inquiry. wondering whether or not this is the tleman from Missouri? The CHAIRMAN. The gentleman will time to offer the amendment. The CHAIRMAN (Mr. McGRANERY) . state it. Mr. STEFAN. I am a member of the The Chair will have to rule unless the Mr. WALTER. As I understood the committee, Mr. Chairman. point of order is withdrawn. In that Chairman, the point of order was over­ The CHAIRMAN. The gentleman case the Chair would not be required to ruled? from Nebraska is a member of the com­ rule. · The CHAIRMAN. The Chair held mittee, so the Chair will first recognize The Chair is prepared to rule, if there that in the Chair's opinion he cannot the gentleman from Nebraska on his ·is no withdrawal of the points of order. pass upon the question raised by the amendment. In this connection the Chair feels that gentleman. The Chair feels this bill The Clerk will report the amendment there is a duty upon all Members to read was given to the Committee of the Whole offered by the gentl~an from Nebraska. the rules, which are published. This is House on the ·state of the Union in its The Clerk read as fcilo·-.rs: not just mere custom, as the Chair sees it. entirety and that the Chair cannot under Amendment offered by Mr. STEFAN: On The Journal discloses that there were the present circumstances sustain a page 55, line 20 to the end of the paragraph, no points of order reserved on the pend­ point of order against an item. strike out all of the proviso. ing bill when it was reported to the House Mr. WALTER. I understand that, but .Mr. STEFAN. Mr. Chairman, the on April 6, 1943. does the Chair mean that the point of amendment which I offer would restore The Chair has been very deeply im­ order made by the gentleman from Mis­ and keep open a number of Federal court pressed with the decisions on this ques­ souri j.s sustained? offices, five of which are located in my tion which run back to 1837, particularly The CHAIRMAN. The Chair sus­ State-Nebraska. It may seem, accord­ an opinion expressed by Chairman Al- tained the point of order made by the ing to the hearings that little work is ·bert J. Hopkins, of Illinois, on March 31, gentleman from Missouri and overruled done in these offices and that they should 1896-Hinds' Precedents, volume V, sec­ the point of order made by the. gentle­ be closed. It is true the court holds few tion 6923-in which it was stated: man frvm Pennsylvania. sessions at these points. But in recent In determining this question the Chair Mr .. STEFAN. Mr. Chairman, a par- years I am told the work of the clerk thinks it is important to take into consider­ liamentary inquiry. · has been heavy. That is due to the ation the organization and power of the Com­ The CHAIRMAN. The gentleman will large amount of work on citizenship mittee of the Whole, which is simply to trans­ state it. matters, immigration and naturalization act such business as is referred to it by the Mr. STEFAN. May I ask the Chair if matters, bankruptcy, and other matters House. Now, the House referred the bill un­ in which our citizens are so much con­ der consideration to this Committee as an the ruling affects page 56, line 12, down en.tirety, with directions to consider it. The to line 25, the part of the bill which cerned now. I have just talked to Gen. objection raised by the gentleman from had not been read? Guy Heninger, who is in. charge of o:ur North Dakota would, in effect, cause the The CHAIRMAN. The Clerk has not Selective Service in Nebraska. · He agrees Chair to take from the Committee the con­ read that part of the bill. with me that these offices are busy now. sideration of part of this bill, which bas been He agrees with me that citizenship cases committed to it by the House. The Com­ Mr. STEFAN. Then it has no effect upon the language. appearing on page are very important at this time. I have mittee bas the power to change or modify also talked to numerous lawyers in my this bill as the Members, in their wisdom, may 56, lines 1 to 11? deem wise and proper; but it is not for the The CHAIRMAN. · The Chair's de State. They are interested in these Chairman, where no points of order were re­ offices. If we abolish them now I am cision just now given will affect every fearful that hundreds of Nebraska people served in the House against the bilL • • • item in the bill. Tlie effect would be, should the Chair sustain and many of our lawyers ·vould be forced the point of order made by the gentleman Mr. STEFAN. In the entire bill? to travel long distances to transact court from North Dakota, to take from the con­ The CHAIRMAN. Yes. business. With the tire- and gasoline­ sideration of the Committee of the Whole a Mr. CASE. Mr. Chairman, a parlia­ rationing program and the serious trans­ part of this bill which has been committed mentary inquiry. portation problem I believe we had bet­ to it by the House without reservation of The CHAIRMAN. The gentleman will this right to the Chairman. ter leave these offices open. There is no state it. one more anxious to ewtninate useless Hopkins then held that he had no au­ Mr. CASE. Mr. Chairman, I not~ in expense than I am. I am sure the mem­ thority to sustain a point of order reading the precedent to which the Chair bership of this House knows that, es­ against an item in the bill. has referred, volume 5, Hinds Prece­ pecially in view of my efforts on yester­ The present occupant of the chair dents~ page 957, that the Chairman at day to reduce millions of dollars of ex­ feels constrained to follow the prece­ that time recognized that this was a penditures made for activities in Central dents heretofore established and sus­ very close question. The Chair raised and South America. In that item there tains the point of order made by the gen­ this question: "The very most that could was money on laws in South America tleman from Missouri [Mr. COCHRAN]. be done would be to report the point of and kindred matters. Matters on which Mr. MICHENER. Mr. Chairman, a order back to the House for its de­ we spend American taxpayers' money in parliamentary inquiry. cision." foreign countries. Here is an item af­ The CHAIRMAN. The gentleman In other words, in taking the point of fecting our own people. Matters which will state it. view that since the House had referred are vitally important to them. I hope Mr. MICHENER. For the sake of the bill to the Committee, no such ques­ that the membership will vote for my clarity and for the future, and may I say tion rose, the Chair might refer it back amendment. I have great respect for the Chairman's to the House for further instruction, Mr. TABER. If the gentleman will ruling, will the Chair differentiate be­ which would be within the ruling that yield, may I say this. I think the fair tween an appropriation bill in his final the Chair cited. thing under the circumstances is to decision as written, that is; differentiate The CHAIRMAN. As the Chair read strike out this proviso, which would between the Hopkins decision which the particular case, that was the sug­ manifestly be subject to a point of order applies for all logical reasons to all legis­ gestion made by the Chairman, but there if points of order had been reserved, and lative committees the same as it does to is nothing in the decision to show that then if the subcommittee has an amend­ the Appropriations Committee? that was actually done. ment to offer that is in order, let it offer 3154 CONGRESSIONAL RECORD-HOUSE APRIL 8 ft. I think to keep faith with the House order under the Holman rule up to line permit.the Committee on Approprhitions we ought to adopt this amendment. 12 on page 56. We have attempted to to amend and repeal laws written by Mr. O'NEAL. Mr. Chairman, I rise in cure this difficulty, and at the proper duly constituted legislative committees. opposition to the amendment. time I shall ask unanimous consent to· There is no question in my mind, and I Mr. Chairman, I do not believe there is strike out lines 12 through 25. · But let have given some thought to this par­ very much occasion for anyone's being me urge you again to remember, if you ticular matter, that there are many terribly disturbed about this matter. I are interested in economy, what we are places in the United States where t~e think anyone who is familiar witli par­ trying to prevent. There are a lot of terms of court ought not to be held, liamentary law and the rulings of the offices where there is no work going on where there ought to be no clerks, where House will agree that the paragraph that other than perhaps 1 ·day a year, and there ought to be no marshals, but bear has been read-and I call this particu­ we are attempting to stop the payment this in mind, that in every single district larly to the attention of the gentleman for these clerks. in the United States, the courts that are from New York-is certainly within the In the second place, why should you now in existence, and authorized to sit, Holman rule, and is right and proper. maintain an office that has never been have been authorized by the Committee All we do is attempt to save a little filled? Why should you leave it open? · on the Judiciary of the House, after full money. There is no question about that In the third place, this slight economy, and complete hearing has been held, and part. this slight cut, is the recommendation of after it has been demonstrated to that ·If the gentleman from New York, how­ the administrative officer of the court. committee that there is need for holding ever, will turn to the paragraph which I think we are engaiP,ng in a lot of dis­ court at that particular place. has yet to be read, on page 56, that, in cussion that is hardly worth while. Mr. CRAVENS. And is it not also my opinion, I state again as chairman Mr. CASE. Mr. Chairman, will the true that the Committee on the Judi­ of the subcommittee, is subject to a point gentleman yield? ciary has leaned over backward against of order. In order that the gentlemen Mr. 0'1'\IEAL. I yield to the gentle­ holding rourts and establishing clerks' may have just what they are entitled to man from South Dakota. offices until it clearly and positively dem­ on the minority side, we are perfectly Mr. CASE. There are two distinct onstrated that they are necessary? willing without a point of order being paragraphs here. I read the hearings, Mr. WALTER. I agree with that, and made, and without having to go through and I find the section of the hearings to I will say that we have not created a a discussion such as we are now going which the gentleman has referred on judgeship that has bee~ permanent, through, to take it out. I wanted to do pages 29 and 30, relating to the offices with the idea of saving whatever money that from the start, as the gentleman that are covered in the first paragraph, we can in conducting the courts of the from Indiana will tell you. We are per­ but I have been unable to find any testi-· land, but in this particular case the ad­ fectly willing to strike that from the bill mony anywhere with reference to the ministrative officer of the courts who oc­ by unanimous consent, at which time I offices covered in the second paragraph. cupies a very important and influential will offer an amendment which is plainly _Mr. O'NEAL. There are no offices position has decided to short-cut the within the Holman rule. That will cure there now, I may say to the gentleman. usually orderly way of having matters of the whole thing. Nobody will be de­ Mr. CASE. But there is no testimony this kind disposed of, and instead of com­ prived of any rights, and you · will inci­ in the hearings to that e:fiect. ing before the Committee on the Ju­ dentally be doing the right thing by sav­ Mr. O'NEAL. Do you need testimony diciary and suggesting legislation, he has i.ng a little money. tha.t they are not needed when they do gone to the Committee on Appropriations Mr. HARRIS of Arkansas. Mr. Chair­ not have any such offices and never have and sought to have the law repealed man, will the gentleman yield? had any? through the simple expedient of with­ Mr. O'NEAL. I yield to the gentleman Mr. CASE. There is nothing in the holding appropriations. Whet.her or not from Arkansas. hearings to show that that is the fact. there has been any testimony in justifi­ Mr. HARRIS of Arkansas. Will the The offices are authorized by Jaw. . cation of what it is proposed to do I do gentleman state what the amendment Mr. O'NEAL. I assure the gentlema'n not know. I do know this, that the record will be that the gentleman proposes to that was the statement made to us. is silent as to this entire matter. It offer? There are no offi.ces there and there :Is seems to me that the thing to do is to Mr. O'NEAL. It provides that no part no use in carrying on offices wher"' some­ approve the amendment offered by the of any appropriation in this act shall be body may want to send a friend and put gentleman from Nebraska [Mr. CuRTIS] used to pay the cost of maintaining an him to work. and strike this section out and permit omc~ of a clerk of the United States Mr. CASE. Where was the statement the Committee on the Judiciary in an courts at the places described here. In made that there are no offices and no orderly way to send for Members of Con­ other words, that is purely cutting down need for them? gress who are interested, and others, and the money involved. Incidentally, as to · there are a number of Congressmen in­ the paragraph we are discussing, there is Mr. O'NEAL. The statement is by the administrative officer. I cannot lay my terested in every section of this para­ not an office today in one of the places hands on it. graph, and let them make their own rec• named. It seems to me that should Mr. CASE. I have not been able to ommendations, and then we will be hap­ satisfy the gentleman from New York find it. PY to permit the administrative officer and everybody on the minority side. We of the court to advise us as to what in are not trying to take advantage of any Mr. O'NEAL. He addressed us both on the record and off the record. That his judgment ought to be done, but I do technicality. not think we ought to accept that man's Mr. TABER. Mr. Chairman, will the was the statement. I assure the gentle­ gentleman yield? · man that statement was made. judgment without supporting evidence. Mr. O'NEAL. I yield to the gentleman Mr. CASE. The gentleman has a sec­ Mr. O'NEAL. Mr. Chairman, will the from New York. tion in the bill, then, abolishing at a gentleman yield? Mr. TABER. The part of the lan­ number of places omces that are au­ Mr. WALTER. Yes. guage that I doubt very much is in thorized by law, but about which there Mr. O'NEAL. For some several years order-in fact, I am sure it is not-is is nothing in the printed hearings. we have not had in these places as much that part beginning on ·line 7 with the Mr. O'NEAL. Common sense says you as 1 day a year of court, and the clerk word uand" and continuing "such pro­ shall not appropriate for a little omce was paid for the entire year. Look on visions of law as require omces of clerks which you never use. page 30. They have not held court, in of courts to be maintained at such places The CHAIRMAN. The time of the places that we are trying to get rid of, are hereby repealed,'' and then on for gentleman from Kentucky has expired. over 15 days. the remainder of the paragraph. The Mr. WALTER. Mr. Chairman, I move Mr. WALTER. I decline to yield fur­ first part of it is clearly in order. to strike out the last two words. ther. Nobody disputes what the gentle­ Mr. O'NEAL. We can argue that Mr. Chairman, there is more involved man from Kentucky is saying. I am point, but I may say that I have gone in this matter than anybody has men­ quite sure that what is proposed to be Into that very thoroughly. I think the .tioned up to this moment. It is a ques­ done here will be done through the unan­ gentleman will find it is perfectly in tion of whether or not we are going to imous action o! the Committee on the 1943 CONGRESSIONAL RECORD-HOUSE 3155 Judiciary, but let us do it in the regular plied by American taxpayers, was able criminal and civil. I don't remember ex­ way. to outbid our own Navy? actly how many but I ask the chairman Mr. CURTIS. Mr. Chairman, will the' The AWVS, which will be made of the subcommittee how many of these gentleman yield? homeless under this arrangement, has ;offices are we denying appropriations for? Mr. WALTER. Yes. 5,819 members in Washington whose Mr. O'NEAL. Twenty-four. Mr. CURTIS. To point out that a voluntary services cover 63 details which Mr. HENDRICKS. Twenty-four, and number of these places are today in supplement the Government's war ac­ we pay to each one of these clerks on States where the distance to be traveled tivities. Th,ey have occupied the Welles an average $1,000 ·a year. This is the is great, and by abolishing these offices stables without paying rent, but they way we have established at times in doing we are moving the Federal courts farthe; paid the heating and electricity bills away with some of these useless offices. away from the people, and the fact· that from December 1941 to January 1943. We do it by denying the appropriations. no. trials have been held is immaterial. At that time, apparently in anticipation I submit that the statute should be re­ _It IS the right to go into court conven­ of the Canadian deal, Mrs. Welles of­ pealed, where these offices are not neces­ Iently that is worth something to the peo­ fered to pay the heating and electricity sary. As I said there are 24 of these ple. Furthermore, these clerks are car­ charges thereafter, thus removing all offices, and if you gentlemen will notice rying on important functions with ref­ legal and moral claims which the AWVS the summary there of where the courts erence to immigration and naturaliza­ might have put forward in a petition were held they will notice that 5 cases tion, bankruptcy, and other m-atters at to remain on the premises. were filed in 1 year and in another 68 and this time. · In view of the numerous activities of in another 52, and in another 20, another · Mr. HOFFMAN. Mr. Chairman I the AWVS, which include confidential 19, and so on down the list. The highest move. to strike out the last word and 'ask work for the Army, motor corps work number filed was 68, including civil and . ~nammous consent to extend my remarks for Army and Navy, emergency feeding criminal cases during 1941. I think the m the RECORD. and housing for the armed services, res­ highest number of days in which court The CHAIRMAN. Is there objection? cue-squad work, selling War stamps and was held was 12 days in 1941, and that There was no objection. a host of other duties, it would be in­ was for 2 years. · . Mr. HOFFMAN. Mr. Chairman, it ap­ teresting to know just what 135 mem­ So you are paying a clerk in 24 courts pears that Under Secretary of State bers of the Canadian women's organi­ on an avera.ge of $1,000 a year to file these Sumner Welles and the Canadian Gov­ ation are doing in Washington that they few · ca.ses and to hold court for 6 to 12 ernm~nt should answer some pertinent should have a priority on housing ac­ days. This does not deny the court the questiOns regarding the recently an­ commodations. right or opportunity to hold court in these no':lnced leasing of the palatial Welles The Welles home and stables are spa­ particular places. The court can still sit residence and stables in Washington at cious enough to accommodate 300 or as a court and carry a clerk with him, or 400 persons, it is reported, and our Navy a re~orted r~nt of $37,000 a year for the whatever help is necessary. housmg of 135 members of the Cana­ wanted to put that number of WAVES Mr. STEFAN. Will the gentleman dian Women's Army Corps. into the place. It has been reserved, yield? When the Canadian Women's Corps however, for 135 Canadian women in Mr. HENDRICKS. I yield. move~ into these quarters on June 1, the uniform who insist they must have the stables, as well as the residence, for their Mr. STEFAN. I am sure the gentle­ A~encan Women's Voluntary Service, man understands my purpose in offer­ which has occupied the stables since De­ accommodation. ing this motion. I am sure he is not cember 1941, will· be ejected. Centainly we want our Canadian guests to be as comfortable as possible, charging me with any ulterior motive be­ From highly reliable sources it is re­ cause five of these offices in my State ported that the United States Navy but it is permitted to wonder if a high­ ranking Canadian official would oust a would be closed. My interest in it would sought to rent th~ property from Mr. be the interest of the people who go to Welles several months ago as a head­ women's military organization of his own country from its quarters to make room those offices to get information about im­ quarters for the Navy's own auxiliary migration, naturalization, and citizen­ women's division, the WAVES. .The Un­ for an American women's organization. Mr. O'NEAL. Mr. Chairman, I ask ship. I have particularly found in the der Secretary of State is said to have office in my home town which is men­ refused to negotiate with the Navy so unanimous consent that all debate upon this paragraph and all amendments tioned there, where people have come th~t t~is American women's military thereto close in 10 minutes. long distances for that information. BY umt might have a place to live. closing the office I fear they would have Now, according to the press, this great The CHAIRMAN. Is there objection? Mr. FULBRIGHT. I object. to be forced to go to Omaha or Lincoln, Massachusetts Avenue mansion, which 100 or 120 miles away. Mr. Welles would not open to American Mr. O'NEAL. Mr. Chairman, I move that all debate upon this paragraph and Mr. HENDRICKS. I would be the last women, is to be turned over to Cana­ to accuse the gentleman from Nebraska dian women . in uniform. Moreover, all amendments thereto close in 10 min­ utes. of doing anything improper. I know he another Amencan women's military or­ is trying to do what he thinks is for the ganization is to be evicted from the The motion was agreed to. Mr. HENDRICKS. Mr. Chairman, I best interest of his people, but I want to Welles stables because the Canadian say to the gentleman that I believe if he Government insists it needs all the build­ rise in opposition to the amendment of­ fered by the gentleman from Nebraska, will go to Mr. Chandler, who is adminis­ ings upon the estate. trator of the Federal courts, he will find The question naturally arises whether [Mr. STEFANl. I can readily under­ stand his position, because there are a that Mr. Chandler can give him the in­ the Canadian Government is going to formation that these offices are absolutely pay the $37,000 annual rent to our Un­ number of these offices in his State. I also find one in Florida and I would have not necessary, and when he gets that in­ der Secretary of State out of lease-lend formation he will agree. funds provided Canada. This House been concerned myself if I did not know ought to have a statement from the exactly what is being done in these of­ Mr. STEFAN. Well, I worked on this fices. When W') had the matter before legislative bill and I know Mr. Chandler, Canadian Government on that propo­ and I have great faith in him. sition. tpe committee I pointed out myself that In addition, Congress should be in­ these offices were established by statute Mr. WALTER. W'ill the gentleman formed by Mr. Welles why this huge and in order to do away with the offices, yield? dwelling, which has lain vacant for sev­ we should repeal the statute. But there Mr. HENDRICKS. I yield. . eral years despite the desperate housing is another way to do it, a way in which Mr. WALTER. I would like to call the shortage in the Capital, should now be we have always done it, or at least have gentleman's attention to what Mr. leased to the Canadian women's outfit, used many times, and that is to deny Chandler said at this hearing. He said: known as the CWACS, whereas it was the appropriations to carry them on. I should be going beyond my authority to barred to American women in uniform. Take the list on page 30 of the hearings recommend abolition of specific branch Could it be that the Canadian Govern­ and you w.ill find a summary of the cases offices of district courts without consulting ment, aided by lease-lend funds sup- held during the years 1941 and 1942, both the Judges. 3156 CONGRESSIONAL RECORD-HOUSE APRIL 8 You are going away beyond anything because they have tried 15 days in 1942. The Clerk read as follows: _that was re€;ommended by Mr. Chandler, The cases were filed in 1941 and 1942 at The provisions of law requiring offices of through this provision in the bill. Boston. But they were tried in Spring­ clerks of courts to be maintained at Annis­ Mr. HENDRICKS. I know Mr. field. The reason for it is that the place ton, Ala.; Florence, Ala.; Jasper, Ala.; Gads­ Chandler said that, because he is the ad­ where the land is located is in western den, Ala.; Grand Junction, Colo.; Montrose, ministrative officer and he cannot recom­ Massachusetts. Colo.; Durango. Colo.; Sterling, Colo.~ New­ nan, Ga.; Benton, Til.; Salina, Kans.; Chllli­ mend that we abolish these offices when FUrther than that, the clerk's office is cothe, Mo.; Roswell, N. Mex.; Bryson City, they were created by statutory authority. open every day in the year. People go N.C.; Shelby, N.C.; Ardmore, Okla.; Guthrie, But I simply say that Mr. Chandler has there and do business. If you will look Okla.; Aberdeen, S. Dak.; Pierre, s. Dak.; given us the facts, and we found that at the earnings of the clerk's office, you Deadwood, 8._ Dak.; Ogden, Utah; Casper, these offices are not justified. The only will find that the clerks have been earn­ Wyo.; Evanston, Wyo.; or Lander, Wyo.; are way to stop the expenditure of this money ing far in excess of their expenditure. hereby repealed, but this paragraph shall not when it is not necessary, is to cut out There is nothing in this testimony to_in­ be so construed as to prevent the detail dur­ is ing sessions of court cf such employees as may the appropriation. That the way· it dicate that, if those offices are closed, the be necessary from other offices to the offices should be done. I know exactly what Government would not lose money. I named herein. Mr. Chandler said, because I questioned certainly feel that on naturalization pro­ him on the subject. ceedings, on visa proceedings, and with Mr. O'NEAL. Mr. Chairman, I desire Mr. WALTER. I would like to call the reference to witnesses and various other to offer an amendment, but first I wish gentleman's attention to what he him­ matters it is only fair that there be more to submit a unanimous-consent request. self said: than one clerk's office in each State Mr. Chairman, I ask unanimous con­ Mr. HENDRICKS. Mr. Chairman, I think we dealing with four or five million people. sent to strike the paragraph beginning missed something there. He is speaking of Mr. MICHENER. Mr. Chairman, will on page 56, line 12, and running through abolishing these offices. These offices are the gentleman yield? · line 25, and substitute therefor the created by statute; are they not? Mr. CLASON. Yes; I yield. amendment which I have just sent to Mr. CHANDLER. Yes; they are created by . Mr. MICHENER. I take it that the the desk . statute. The CHAIRMAN. Permit the Chair Mr. HENDRICKS. And the statute would gentleman feels that before this court in have to be repealed? his particular district is abolished, he to understand the gentleman. The gen­ Mr. CHANDLER. I assume that that is true. should at least be permitted to know that tleman's request is limited to the striking such a thing was contemplated and that of the language beginning in line 12 on Mr. HENDRICKS. I will admit that, he might be furnished a forum in the page 56 and running through line 25. but never did I say we should not deny Congress where he might present the Mr. O'NEAL. That is correct. the appropriation. That is one way of claims of his constituents? Mr. BULWINKLE. Mr. Chairman, re­ stopping unnecessary expenditures. I serving the right to object, let me ask am sure I said that, because I was there Mr. CLASON. I certainly do feel that way. the gentleman from Kentucky this ques­ when I said ft. Never did I say we tion: I notice in lines 17 and 18 Bryson should not deny the appropriation. I · I want to say further, I think the mo­ tion of the gentleman from Nebraska. City, N.C., and Shelby, N.C. Shelby is want to point out that this office in Flor­ in my district. To my information there ida is included. I say this is a useless should be agreed to. Then we get down to the point where there is no question never has been a clerk there. There has expenditure and can easily be dispensed always been one detailed there, but here with. of legislation before the House, and, if the gentleman in charge of this bill feels you are taking away from them a clerk The CHAIRMAN. The time of the when no clerk has been there. I want gentleman from Florida has expired. that legislation should be passed, after giving the Members of Congress a chance to know something about it. Mr. CLASON. Mr. Chairman, I move Mr. O'NEAL. I remind the gentleman to strike out the last three words. to be heard, he can bring forward the motion he has suggested, and we can that when I made the reservation of the Mr. Chairman, with reference to the point of order I made the statement that argument which was just made in regard vote on it at that time. But, first of all, I think the motion of the gentleman the offices provided in lines 12 to 25 had to the abolition of the clerks' offices, I not been filled and that we wanted to think we ought to point out the fact from Nebraska, which is now pending, ought to be passed unanimously. make sure that they would not send that many cases are not entered in the somebody down there to open up those place where the clerk or the deputy clerk Mr. CURTIS. Mr. Chairman, will the gentleman yield? offices and put that burden on the Gov­ is located. For instance, you will note ernment. To do that we put this pro­ · there were no cases filed, on page 3'0, at Mr. CLASON. I yield. Springfield, Mass. Yet days of court held Mr· CURTIS. It will mean in my vision in here so that it could not be done were 15 in 1942 at Springfield. The rea­ State if certain of these offices are abol­ in the future. The chairman of the ished that citizens will have to go from committee has said many times that these son of course is that the district attorney have not been filled. for the State of Massachusetts is located two to seven hundred miles to get to the at Boston. The Government files its clerk of a Federal court in reference to The ones in the paragraph which we cases in Boston. They arc- tried outside naturalization papers and other matters have just voted on in which the House of Boston, at Springfield. That is a long at a time when travel is curtailed. was unwilling to economize, are filled and courts are held, sometimes as little as 1 distance away. It would be a real hard­ Mr. CLASON. I have no doubt it day only during the full year. That is ship upon the people of western Massa­ would be a hardship upon millions of the answer to the gentleman's question. chusetts if there was not some place in a people. There are at least 750,000 peo­ city of 175,000 to which they could go to ple who depend upon the clerk's office Mr. BULWINKLE. Still further re­ learn about their cases and to find out serving the right to object, I know cow·t in Springfield, Mass., for service. To is being held at this place. what is going on. For instance, Westover ask these 750,000 people to do their busi­ Field is taken over by the Federal Gov­ ness through Boston, 100 or more miles Mr. O'NEAL. They can still hold court ernment. There are a great many land there but they cannot maintain a clerk away, seems to me a little unfair and there. cases to be tried. They have not been that the $1,000 in salary saved would be completed yet. They are tried in Spring­ Mr. BULWINKLE. But they do not lost in additional fees, and furthermore maintain one there anyway. field. They are not tried in Boston. it ought to be expended in any instance. · Mr. O'NEAL. Mr. Chairman, will the Mr. O'NEAL. That is all I can say to gentleman yield? The CHAIRMAN. The time of the the gentleman. It does not seem to some Mr. CLASON. I yield. gentleman from Massachusetts has ex­ of us to be good judgment to maintain Mr. O'NEAL. Does the gentleman real­ pired, all time has e.."'Cpired. a man in a place for a whole year to do ize, when he is speaking for the preserva­ The question is on the amendment of­ just 1 day's work. tion of Springfield, that they have not fered by the gentleman from Nebraska. Mr. BULWINKLE. But they do not had a civil case filed in either 1941 or The question was taken; and on a di­ keep that man there. 1942, and they_only met 3 days in 1941? vision (demanded by .Mr. O'NEAL) there Mr. MICHENER. Mr. Chairman, re­ Mr. CLASON. I believe the gentleman were-ayes 100, noes 16. serving the ·right to object, as I under­ has not been listening to what I said, So the amendment was agreed to. stand it, the gentleman has asked unani- l943 CONGRESSIONAL RECORD-HOUSE 3157 mous consent to do two things: First to part of this bill if we had insisted upon Mr. O'NEAL. The gentleman would withdraw all of page 56 beginning with that procedure; therefore, I came here not yield to me. The gentleman made line 12 and concluding with line 25. That to ask unanimous consent so that would his explanation and would not yield. But is the section which is clearly and ad­ ne'ver be brought up in the House. The I yield to the gentleman now. mittedly out of order. very gentlemen I am trying to defend Mr. MICHENER. If the gentleman Mr. O'NEAL. That is correct. are the ones who object to the unani­ were familiar with the administration of Mr. MICHENER. The one to which I mous-consent request. the courts, he would know that the ad­ have been objectinr.. The second thing Mr. TABER. Will the gentleman ministrator, Mr. Chandler, would be the the gentleman asks that he be permitted yield? person who would have to approve of the to do is to put back in a parliamentary Mr. O'NEAL. 1 yield to the gentleman opening of these offices which the Chair­ way the very things he has stricken out. from New York. man of the subcommittee says are not Mr. O'NEAL. The gentleman is · in Mr. TABER. The trouble is, the open. The whole discretion would be error. unanimous-consent request was not the lodged with him, so that answers com­ The CHAIRMAN. Is there objection to same thing as this amendment and pletely the argument the chairman of the request of the gentleman from Ken­ that is the reason the objection was the subcommittee is making. It simply tucky? made. shows he is not familiar with the situa­ Mr. FULBRIGHT. Mr. Chairman, I Mr. O'NEAL. Mr. Chairman, we have tion. object. talked economy here for months. We Mr. O'NEAL. The discretion lies with Mr. O'NEAL. Mr. Chairman, I offer an get up here and holler about economy, the Congress. If you want to appro­ amendment. and what is happening as to what-the priate money to open offices that arc do­ The Clerk read as follows: committee has done in this bill? The ing no business that is your responsi­ Amendr-J.ent 0ffered by Mr. O'NEAI;: On executive officer of the judicial circuit bility, but I do not intend to vote for a page 56, after line 12, insert a new paragraph representing the chief judges and all dime that is not justified. a.s fo1lows: the judges comes before our committee The CHAIRMAN. The time of the "No part of any appropriation in this act gentleman has expired. shall be used to pay the cost of maintaining and says: "Gentlemen, we have a lot of an office of clerk of the United States district places here where there is no work go­ Mr. TABER. Mr. Chairman, I rise in court at Anniston, Ala.; Florence, Ala.; Jas­ ing on to speak of, and certainly not support of the amendment. per, Ala.; Gadsden, Ala.; Grand Junction, enough to justify a clerk. We should Mr. Chairman, this amendment simply Colo.; Montrose, Colo.; Durango, Colo.; Ster­ not provide money for those positions.'' strikes out the language that would be ling, Colo.; Newnan, Ga.; Benton, Ill.; Salina, And he furnishes us a list showing that subject to a point of order. After the Kans.; Chillicothe, Mo.; Roswell, N. Mex.; some of them qave not had a case filed in amendment has been adopted, if the gen­ Bryson City, N. C.; Shelby, N. C.; Ardmore, tleman from Kentucky is really inter­ Okla.; Guthrie, Okla.; Aberdeen, S. Dak.; 2 years, others maybe 1 day in the year, Pierre, S. Dak.; Deadwood, S. Dak.; Ogden, and no business at some of these places. ested in economy and has the evidence Utah; Casper. Wyo.; Evanston, Wyo.; and If you will take the number of cases to make out a case, I shall support an Lander, Wyo.; but this paragraph shall not filed in the average court as compared amendment myself which would elimi­ be so construed as to prevent :he detail dur­ to one, two, or five, it would be five hun­ nate any unnecessary offices, or eliminate ing sessions of court of such employees as dred to a thousand times the number the money for any unnecessary offices. may be necessary from other offices to the The membership of the House should offices named herein." these little places handle. Because some man has one in his district, is that act according to their best judgment as Mr. CASE. Mr. Chairman, a point of a justification for keeping the amount to what is the right thing to do. The order. in the bill to pay for unnecessary serv­ reason I objected to the unanimous con­ The CHAffiMAN. The gentleman will ice? sent request was that I understood from state it. - · The second paragraph before us and what the gentleman from Kentucky said . Mr. CASE. The amendment, as I un­ that there was coupled with his unani­ about which I am speaking now, contains mous consent request the proposition not derstood it read, proposes to offer a new places where they do not even maintain paragra:1h at line 12 or after line 12 only to strike out this language but to an office, they have never maintained substitute some other language in its without striking any language. That one, and all we are asking today is that cannot be done. place. I think that is what the REcORD no money shall be paid out of this ap­ will show. Mr. O'NEAL. Mr. Chairman, I pre­ p~opriation to open up one of these I hope the pending amendment will be sumed the Republicans were going to places. But, because it mentions the adopted so that we may keep faith with allow the unanimous-consent request to congressional district of some Members, be acted upon; therefore my amendment they are going to protest anything being the House. which I am offering asks for the inser­ done that will in any way affect the Mr. PLOESER. Mr. Chairman, I tion of these words as a new paragraph _personnel or the expenditure that might move to strike ·out the last word. following line 25. take place for those offices. If you vote Mr. Chairman, I have been here all The CHAIRMAN. The gentleman asks to knock this item out, what are you do- afternoon listening to a lot of wrangling unanimous consent to modify his amend­ . inE"? You are saying that we are wrong that apparently had very little point, at ment to read, "Beginning with line 25," to put in there that no money shall be most times, that tended to confuse the instead of line 12. Is there objection? used for opening up these offices, we do members of the committee at other times, Mr. TABER. Mr. Chairman, I object. want such a prohibition and we want and that at very few moments expressed Mr. O'NEAL Mr. Chairman, I offer an to make it possible that offices that have the definite intention of the subcom­ amendment. never been opened up may be opened up mittee. with money provided in this bill. I think I can conscientiously speak for The Clerk read as follows: the entire subcommittee when I say that Amendment offered by Mr. O'NEAL: On What ·a ridiculous position for those there was never any intention on the part page 56, beginning in line 12, strike out all of who are interested in economy. That of the majority or the minority to with­ the language down through line 25. is all there is to it. They are not open hold from this House that it intended to Mr. O'NEAL. Mr. Chairman, I am go­ now and they have not been for a long abolish an appropriation for these unused ing to be frank with the House. The time and we say, "You shall not open or little-used offices of clerks of the va­ only reason I made the unanimous-con­ them during the next year out of the rious courts. For anyone on either side sent request which has been objected to money appropriated in this bill." If you to try to twist the intention of the sub­ by the gentleman on my left was to ob­ want to sustain the motion to strike this committee is to present a false issue be­ viate the necessity of bringing up the out so that somebody in some congres­ fore this Committee of the Whole House. question of whether they had reserved sional district may put someone in there Mr. CASE. Mr. Chairman, will the their rights when this bill was offered and help the situation a little bit, that gentleman yield? on the floor. I did not care to take is your privilege, but you are not acting Mr. . PLOESER. Not at this point. advantage of a technicality where my in the cause of economy. " Let us admit that that paragraph of the friends were involved, because no point Mr. MICHENER. Will the gentleman bill as brought on the floor is out of order. of order would have lain against any yield? Let us further admit that there was a 3158 CONGRESSIONAL RECORD-HOUSE APRIL 8· failure to make a reservation of points of Mr. Chairman, I am enthusiastically then I cannot see the reason why the. order at the beginning of the sitting of for the amendment offered by the gentle­ gentleman from Missouri wants to press the Committee of the Whole House. That man from Kentucky. . this. There is something else, gentle­ still does not excuse anyone for trying to Mr. O'NEAL. Mr. Chairman, will the men. You might as well say that be• twist the intention of the chairman of gentleman yield? cause, forsooth, a rural carrier goes a the subcommittee, who was sincerely try­ Mr. WALTER. I yield. quarter of a mile out of his way to a ing to eliminate that section of the bill Mr. O'NEAL. The gentleman under­ man who does not put in sufficient mail which many of you contend is out of stands that when the unanimous-con­ in the way of receipts to pay expenses order and to substitute for it a provision sent request was objected to by the gen­ of that rural carrier that, therefore, that which would prohibit the use of any ap­ tleman from New York, the parliamen­ route should be eliminated. Tl;le courts propriation for those offices, without re­ tarian made the suggestion that the gen­ should be near the people, and I do not pealing any law. tleman from Kentucky offer an amend­ care what the gentlE>man, from Missouri It makes no sense whatever when a ment to strike the paragraph beginning or anyone else says as to the sense of it.. Member of this-House gets on the floor at line 11 and extending through line It is good sense to put the courts within and says that the office has never been 25, and that is the amendment now be­ easy reach of the people at all times. in use, so why put in a prohibition against fore the committee. Mr. CAMP. Mr. Chairman, I merely: the use of funds for it in the future. Mr. WALTER. Yes; and that is what want to say that the clerk provided for Neither does it make any &ense whatever I am supporting. the division of court in my home town for any Member of this House to attempt Mr. O'NEAL. If that is done, I intend of Newnan has his office 39 miles away to convey the thought that the language to offer the amendment which I discussed. in Atlanta, because the courthouse has of the amendment offered by the gentle­ Mr. WALTER. Yes. It seems to me not been built there yet. It is one of the man from Kentucky is the identical lan­ that the quickest way for us to dispose biggest aivisions in the State, and here guage which appeared in the original bill. of a very nasty situation is by agreeing they strike out the provision for the· Obviously such a statement is not true. to the amendment offered by the gentle­ clerk, when he is only doing business in The fact is simply this: The original man from Kentucky. I was hopeful another town temporarily. It simply bill came in here and attempted to legis­ when he offered that amendment that shows that they have not investigated late on an appropriation bill. Everyone he did not intend to offer a further the case. They added another clerk at is satisfied to eliminate that portion of amendment, because it seemed to· me it Atlanta until such time as the quarters the bill. Whether you do it by point of was a manifestation of his intention to could be provided for the one at Newnan, order, whether you do it by unanimous maintain the dignity of the Committee Ga., and this bill strikes out the legis­ consent, or whether you do it by simple on the Judiciary and not insist on assum­ lation creating that clerkship. I just majority vote of this Committee on the ing its prerogatives. think that the House should have this proposal of an amendment matters little The gentleman who spoke just before information and explanation. as long as the Committee on the Judiciary me said that it does not make sense to Mr. BISHOP. Mr. Chairman, will the is satisfied that we are not repealing refuse 'to appropriate money for offices gentleman yield? any section of the law, and certainly you where clerks are not now paid. That Mr. CAMP. Yes. should be satisfied with the amendment may be true, but it does not make sense Mr. BISHOP. I have the same situa­ which is before the Committee now. I to say that the adoption of this language tion in my district. support that amendment and ask you to will bring about economy when no money Mr. CAMP. That matter has been support it. has been expended heretofore. thrashed out before the Committee on Mr. WALTER. Mr. Chairman, will the The thing of which I am fearful is the Judiciary. The Committee on the gentleman yield? just this. In every one of these places Judiciary approved and this House Mr. PLOESER. No; I do not yield. where courts are being held and where passed a bill creating that clerk.ship at Mr. WALTER. Does the gentleman clerks are not maintained, clerks are as­ Newnan, Ga., and to strike it out now, know what the amendment is about signed to travel throughout the circuit. here, I do not believe is in accordance which he is talking? Through the adoption of this language, with the correct rule of legislative pro­ Mr. PLOESER. Yes; I know, and so conceivably the Comptroller General cedure, that is, to strike it out in an does the gentleman from Pennsylvania. would rule that it would be illegal to pay appropriation bill. What we are trying to do is explain it so a clerk while he was employed in one of Mr. MICHENER. Mr. Chairman, will that other Members will know, too. I the towns mentioned in this section. the gentleman yield? have listened to this debate all afternoon; Mr. Chairman, this all goes back to Mr. CAMP. Yes. I have asked no one to yield to me; and the original proposition. Are you going Mr. · MICHENER. If the gentleman I do not intend to yield. to permit the Committee on Appropria­ had known that this was contemplated, The committee, in all its sincerity, led tions to write the laws in the House? To­ he could have gone before the commit­ by its chairman, is trying to do this thing day it is the Committee on the Judiciary tee and explained the matter, and surely in the parliamentary fashion, which you that is affected. Tomorrow it will be the this intelligent committee would not distinguished lawyers want and are now Committee on Military Affairs, the Com­ have reporter\ a thing like this if they getting. There is no excuse for any fur­ mittee on Naval Affairs, or the Commit­ had heard the gentleman. ther wrangling over the matter. We in­ tee on the Post Office and Post Roads. Mr. CAMP. Certainly, anc: the first tend purely and simply to prohibit the There is no end to it. It seems to me the I knew cf it was when it was called to use of any part of this appropriation for thing for us to do is to adopt this amend­ my attentio:.1 here on the :floor of the sustaining or paying the salaries in these ment and not consider the one the chair­ House this afternoon. offices which are not functioning, and we man says will follow this one. The CHAIRMAN. The time of the want to write it into this bill so that this Mr. BULWINKLE. Mr. Chairman, I gentleman from Georgia has expired. office, for example, in North Carolina, realize that. I speak with trepidation Mr. CRAVENS. Mr. Chairman, I will not bloom needlessly during the next · when I do so before the gentleman briefly call the attention of the Com­ few months. from Missouri [Mr. PLOESER], who mittee to a certain implication in the Mr. O'NEAL. Mr. Chairman, I ask claims all the ability and all the sense report accompanying this bill leaving the unanimous consent that all debate on that anyone should have in respect to impression that the Administrator of this paragraph and all amendments this bill. For the life of me, unless Courts had recommended the abandon­ thereto close in 15 minutes. there is something more to it, I cannot ment of the court-clerk offices named in The CHAIRMAN. Is there objection to see the sense in providing in a bill that this bill. Referring to Mr. Chandler, the the request of the gentleman from Ken- you should not have anything but a report says that he is willing to abolish tucky? · · detailed clerk at a particular office, some of the outlyjng offices. I quote There was no objection. when that has been in effect for some from the report: Mr. WALTER. Mr. Chairman, I rise time, and unless the Comptroller Gen­ The Director was asked in the course of the fn opposition to the pro forma amend­ eral holds that no part of the appropri­ hearings, page 29, whether he would recom­ ment. ation shall be spent for a detailed clerk, mend the closing o:f any such offices, and 1943 CONGRESSIONAL RECORD-HOUSE 3159 in reply made the following statement: "I The Clerk read as· follows: traveling expense of opening these would certainly abolish a number of those Amendment offered by Mr. O'NEAL: On offices? outlying offices." He was then requested to Mr. O'NEAL. Certainly. It specifi­ furnish the committee with a list of offices page 56, after line 11, insert a new paragraph which in his opinion could be closed with­ as follows: cally says in this amendment that they out impairing the work of the courts, and "No part of any appropriation in this act may still go there and hold court. shall be used to pay the cost of maintaining The CHAIRMAN. The time of the inserted in the record, at page 30 of the an office of the Clerk of the United States hearings, a list of 24 such offices. District Court at Anniston, Ala.; Florence, gentleman from Kentucky has expired. Ala.; Jasper, Ala.; Gadsden, Ala.; Grand Junc­ All time on this paragraph and all That would Jeave the impression on amendments thereto has expired. the part of anyone reading that state­ tion, Colo.; Montrose, Colo.; Durango, Colo.; Sterling, Colo.; Newnan, Ga.; Benton, Ill.; Mr. TABER. Mr. Chairman, if the ment that the Administrator of Courts Salina, Kans.; Chlllicothe, Mo.; Roswell, N. Chair will permit a parliamentary in­ had gone before the subcommittee of the Mex.; Bryson City, N.C.; Shelby, N. C.; Ard­ quiry-- Committee on Appropriations and rec­ more, Okla.; Guthrie, Okla.; Aberdeen, The CHAIRMAN. The gentleman will ommended that the offices named in this S. Oak.; Pierre, S. Oak.; Deadwood, S. Oak.; state it. bill be abandoned. The Administrator Ogden, Utah; Casper, Wyo.; Evanston, Wyo.; or Lander, Wyo.; but this paragraph shall Mr. TABER. Is this not a new para­ of Courts, however, made no such rec­ graph that has been offered and the ommendation. Here are the hearings, not be so construed as to prevent the detail during sessions of court of such employees debate hap not been closed upon it? and all of the testimony that the Admin­ as may be necessary from other offices to the The CHAIRMAN. The unanimous­ istrator gave before the subcommittee, offices named herein." consent request applied to the paragraph and the Administrator expressly declined The CHAIRMAN. The gentlem::.n and all amendments that might be of­ to mal{e ~hat recommendation. fered on this same subject. Mr. O'NEAL. Mr. Chairman, will the from Kentuc~y is recognized. Mr. O'NEAL. Mr. Chairman, all this Mr. MICHENER. A parliamentary gentleman yield? inquiry, Mr. Chairman. Mr. CRAVENS. Just 1 minute. On amendment provides is simply a limita­ page 29 of the hearings concerning this tion on the use of these funds for open­ The CHAIRMAN. The gentleman will bill he says that he would not have any ing the offices which are not now open, state it. authority to make such recommendation and which have no business in prospect. Mr. MICHENER. This amendment and declined to make it, and yet we have The amendment further provides of offered by the gentleman from Kentucky, the implication left by this report that course that nothing in the amendment chairman of the subcommittee, accom­ the Administrator of courts made such shall stop anyone from holding court plishes exactly the same result as the a recommendation, when the Adminis­ there or carrying on business should part that was stricken from the bill. trator himself says that he had no au­ any business develop. Mr. O'NEAL. The gentleman is quite thority to do so and expressly declined to We have had a great deal of heat a stickler for order. I think that par-. make any recommendation with refer­ about this whole thing, but the commit­ liamentary inquiry is not quite up to the ence to the matter. tee did not realize that an effort to stop high standards the gentleman has been Mr. O'NEAL. I refer the gentleman to a little useless expenditure such as was contending for. his statement on page 29: set up by these various offices, would Mr. CASE. As I recall the unanimous­ create so much furore. This amend­ consent request made by the chairman I would .certainly abolish a number of those of the subcommittee a while back, was o•1tlying offices. ment is very simple. I think it will hurt no one. It has a tendency to prevent that all debate on this amendment and Mr. CRAVENS. And then the gentle­ useless expenditures. all amendments to this paragraph close man asked him to furnish a list and he The other part of the bill which was in 15 minutes. That time has expired. said he would not have any authority stricken out I think would have saved That paragraph was disposed of by the to furnish that list e:1nd implied that he a little more. But if it is of such vital adoption of an amendment striking it would not have the information on which importance to the membership of this out. As I understand it, the amendment to base a recommendation without con­ House to retain the last little item of now before us is a new paragraph. sulting with the vario'..lS judges through­ that sort, the committee has no particu­ The CHAIRMAN. The unanimous­ out the whole countr:y, which is just as lar feeling about it. consent request applied to the subject much as to say that be himself did not I trust that on this amendment, where matter involved in the paragraph. know whether such offices should be there is a chance of saving a little money, The question is on the amendment of­ abandoned or not. And yet the gentle­ the membership will support the com- fered by the gentleman from Kentucky man is trying to leave the impression mittee. · [Mr. O'NEAL]. that the administrator of courts rec­ Mr. WALTER. Will the gentleman The question was taken; and on a divi­ ommended the abandonment of the par­ yield? son (demand by Mr. WALTER) there ticular offices named in this bill. Mr. O'NEAL. I will be glad to yield. were-ayes 102 and noes 35. Mr. O'NEAL. We did not say that he Mr. WALTER. Would the gentleman So the amendment was agreed to. had authority to abolish it. He said that tell us how much would be saved if this The Clerk read as follows: if he had authority he would abolish amendment were adopted? Miscellaneous expenses (other than sal­ them. Mr. O'NEAL. No court would be held. aries) : For such miscellaneous expenses as Mr. CRAVENS. I have the record here Mr. WALTER. So that nothing would may be authorized or approved by the Di­ in my hand, and if the gentleman will rector of the Administrative Office of the be saved. United States Courts, for the United States point out to me where Mr. Chandler, the Mr. O'NEAL. I told the gentleman it courts and their officers, ·including rent of Administrator, recommended abolishing would prevent; not save. rooms for Unite~ States courts and judicial any particular office in the United States, Mr. CASE. Will the gentleman yield? officers; supplies and equipment, includmg I will withdraw my objection. Mr. O'NEAL. I yield. the exchange of typewriting and adding ma­ Mr. O'NEAL. I can tell the gentleman. chines, for the United States courts and judi­ Mr. CASE. Does the gentleman mean cial officers, including firearms and ammu­ Mr. CRAVENS. Where did he name that no courts are being held at the any office that is named in this bill? nition therefor; stenographic reporting serv­ points named? ices without regard to section 3709, Revised Mr. O'NEAL. Right in these places. Mr. O'NEAL. They are not keeping Statutes, provided that the rates of payment The CHAIRMAN. The time of the them open. The money to open those shall hot exceed those fixed by the district gentleman from Arkansas has expired. offices is provided, but it keeps them from court pursuant to rule 80 (b), Federal Rules The question is on the amendment of­ maintaining and opening an office and of Civil Procedure, in the jurisdiction of fered by the gentleman from Kentucky. which the sP.rvices are rendered; purchase of causing expenditures for that purpose. lawbooks, including the exchange thereof, tor The question was taken, and the Mr. VORYS of Ohio. Will the gentle­ United States judges, and other judicial of­ amendment was agreed to. man yield? ficers, including the. libraries or the United Mr. O'NEAL. Mr. Chairman, I offer Mr. O'NEAL. I yield. States circuit courts of appeals, and the the following amendment, which I send Mr. VORYS of Ohio. Is there pro­ Federal Reporter and continuations thereto to the desk. vision otherwise in the bill for paying the as issl.led. $390 .000: Provided, That such books 3160 CONGRESSIONAL RECORD-HOUSE APRIL 8. shall in all cases be transmitted to their suc­ business; take care of ball, commit­ The SPEAKER. Is a separate vote· de­ cessors in office; all books purchased here­ ments, receive papers, and handle other manded on any amendment? under to be marked plainly, "The property things connected with a session of the Mr. H. CARL ANDERSEN. Mr. Speak­ of the United States": Provided further, That riot to exceed $2 per_ volume shall .be paid court. er, I demand a separate ·vote on the for the current and future volumes of t,be Mr. O'NEAL. That is correct. Keogh amendment. United States Code, Annotated, and that the Mr. CASE. I thank the gentleman, The SPEAKER. Is a separate vote reports of the United States Court of Appeals and I yield back the balance of my time, demanded on any other amendment? If for the District of Columbia shall not be sold Mr. Chairman. not, the Chair will put them en gross. for a price exceeding that approved by the Mr. SUMNERS of Texas. Mr. Chair­ The amendments were ~greed to. court and for not more than $6.50 per volume. man, a parliamentary inquiry. The SPE~KER. The Clerk will report Mr. CASE. Mr. Chairman, I move to The CHAIRMAN. The gentleman will the amendment upon which a separate strike out the last word. state it. · vote is demanded. Mr. Chairman, the subject has been Mr. SUMNERS of Texas. Have we The Clerk read as follows: worn threadbare this afternoon, but I passed the proviso on page 57 of the Amendment offered by Mr. KEoGH: On page think we should not let the record go bill? 26, lir.e 17, insert "Revision of the law: For without challenging a statement made The CHAIRMAN. That has been preliminary work in connection with the read. preparation of a new edition of the United by the distinguished chairman of the States Code, includingthe correction of errors Mr. SUMNERS ~ of Texas. Where is subcommittee. If I understood him cor­ as authorized by the act approved March 2, rectly, at one point he said that court the Clerk about to read? 1929, Revised Statutes 1541, fiscal year 1944, was not being held at any of the places The CHAIRMAN. The Clerk is pre­ $100,000 to be expended under the supervision covered in his amendment last adopted. pared to begin reading · at line 6, page of the Committee on the Revision of the That simply is not the situation, and if 60. Laws." · • the gentleman were given tha.. informa­ Mr. SUMNERS of Texas. Would it The SPEAKER. The question is on the tion in the hearings before the com­ be in order to move to strike out the pro­ amendment. mittee he was given misinformation. viso to which I referred? The question was taken; and on divi­ Mr. O'NEAL. Will the gentleman The CHAIRMAN. That could be done sion (demanded by Mr. H. CARL ANDER­ yield? only by unanimous consent to return to SEN) there were-ayes 92, noes 72. Mr. CASE. I will be glad to yield. the paragraph. Mr. H. CARL ANDERSEN. Mr. Speak­ Mr. O'NEAL. The gentleman from Mr. SUMNERS of Texas. Mr. Chair­ er, I object to the vote on the ground Kentucky did not mean to give any such . man, I ask unanimous consent to return there is not a quorum present. impression, and specifically in the to that paragraph for the purpose of get­ ting some information. The SPEAKER. The Chair will count. amendment it is provided .that court may [Afte1~ counting.] Two hundred and ten be. held there. The gentleman from Mr. O'NEAL. If all the gentleman Members are present, not a quorum. Kentucky said that they did not main­ wants is information he can move to The Doorkeeper will close the doors, tain offices there and that is what they strike out the last word and get the floor the Sergeant at Arms will notify absent attempted to prohibit. Of course, they for 5 minutes. Members, and the Clerk will call the roll. can hold court, and the amendment spe­ Mr. SUMNERS of Texas. It seems to me that this proviso constitutes legisla­ The Clerk called the roll; and ·there cifically states it. were-yeas 177, nays 184, not voting 73~ Mr. CASE. Then, for the purpose of tion on an appropriation bill. I am not sure of the status of the present pro­ as follows: · having the legislative history clear as to [Roll No. 48] the construction of that provision, I vision, but it makes these probation offi­ would like to ask the chairman of the cers subject to control of the Depart­ YEAS-177 ment of Justice. Andresen, Forand Lea subcommittee his opinion if such a sit­ August H. Gale LeFevre uation as this occurred: Court is held Mr. TABER. I reserve the right to ob­ Barden Gallagher Lemke at Deadwood, S. Dak., and held there ject, but I will yield to the gentleman Barry Gamble Lesinski from Kentucky to explain this particular Bennett, Mich. Gathings Lynch regularly. It is over 400 miles across the Bennett-. Mo. Gavagan McCord State to the home of the district court question. Bishop Gossett McCowen in the city of Sioux Falls. Assume a Mr. O'NEAL. This proviso, I may say Bloom Graham McMurray session of court is about to be held at to the gentleman from Texas, has been Brown. Ga. Green Madden in the bill for many years. Buckley Gregory Magnuson , Deadwood. The clerk must come in ad­ Bulwinkle Gross Maloney vance and make certain arrangements. Mr. SUMNERS of Texas. I thank the Burchill, N. Y. Hagen Manasco Following the session of court it is often gentleman. Butler Hale Mansfield, The Clerk concluded the reading of the Camp Hall, Mont. necessary for somebody to remain there Capozzoli Leonard w. Marcantonio to take· care of the details of commit­ bill. ' Celler Hancock Merritt . ments and the arranging of bail and Mr. O'NEAL. Mr. Chairman, I move Chenoweth Harless, Ariz. Miller, Conn. that the Committee do now rise andre­ Chiperfield Hart Miller, Pa. other things vf that sort. Under the Church Hebert Monroney language in the latter part of the gen­ port the bill to the House with sundry Clason Heffernan Morrison, N. C. tleman's amendment, would it be per­ amendments with the recommendation Clevenger Heidinger Murdock that the amendments be agreed to and Coffee Hendricks Murphy missible for the judge of the district Cole, Mo. Herter Murray, Tenn. court to assign a clerk to be at Dead­ the bill as amended do pass. Cole, N.Y. Hess Myers· wood in advance of the session and to The motion was agreed to. Compton Hinshaw Newsome Accordingly the Committee rose; and Cooley Hobbs Norton continue there, following the holding of Cooper Hoch O'Brien, Mich. court, to take care of t!le details and the Speaker having resumed the chair, Costello Holifield O'Connor clean up the business of that session of Mr. MILLS, Chairman of the Committee Courtney Holmes, Wash. O'Hara of the Whole House on the state of the cravens Horan O'Leary the court? Culkin Hull Peterson, Fla. Mr. O'NEAL. It certainly would. Union, reported that that Committee, Curley Jeffrey Peterson, Ga. There is nothing in the amendment that having had under consideration the bill Curtis Jensen Philbin would in any way interfere with that. Barrett Hall, Phillips Mr. Morrison of Louisiana with Mr. Wol- Mr. MARCANTONIO. Mr. Speaker, I Beckworth Edwin Arthur Ploeser verton of New Jersey. ask unanimous consent to extend my Bender Halleck Poulson Blackney Hare Ramspeck Mr. Patman with Mr. Maas. own remarks in the RECORD and to in­ Bland Harness, Ind. Randolph ·Mr. Somers of New York with Mr. Beall. clude a resolution passed by the city Bolton Harris, Ark. Reece, Tenn. Mr. Clark with Mr. Woodruff of Michigan. council of Chicago. Bonner Harris, Va. Reed, N.Y. Mr. Bates of Kentucky with Mr. Andrews. The SPEAKER. Is there objection to Boren Hays Rees, Kans. Mr. Byrne with Mr. Wilson. Bradley, Mich. Hill Rizley Mr. Cannon of Florida with Mr. Allen of the request of the gentleman from New Brehm Hoeven Rockwell Illinois. York [Mr. MARCA ~qTONIO]? Brooks Hoffman Rodgers, Pa. There was no objection. Brown, Ohio Hope Rogers, Mass. Mr. Kennedy with Mr. Matt. Bryson Howell Rowe Mr. BRAI>LEY of Michigan. Mr. Buffett Jackson Russell Mr. GREEN changed his vote from Speaker, I ask unanimous consent to ex­ Burch, Va. Jarman Sauthotf "nay" to "yea." tend my own remarks in the RECORD and Burdick Jenkins Schiffler The doors were opened. Burgin Jennings Schwabe to include a letter received from a con­ Busbey Johnson, Simpson, Dl. The result of the vote was announced stituent. Canfield Anton J. Smith, Ohio as above recorded. The SPEAKER. Is there objection to Cannon, Mo. Johnson, Smith, W. Va. The SPEAKER. The question is on Carlson, Kans. Calvin D. Smith, Wis. the reques~ of the gentleman from Mich­ Carson, Ohio Johnson, Ind. Sparkman the engrossment and third reading of the . igan [Mr. BRADLEY]? Carter Johnson, Springer bill. There was no objection. Case J. Leroy Stearns, N. H. The bill was ordered to be engrossed Chapman Johnson, · Stefan . Mr. MRUK. Mr. Speaker, I ask unan­ Cochran Luther A. Stockman and read a third time, and was read the imous consent to exten~ my Qwn remarJts Colmer Joh~on, Okla. Sumner, Dl. third time. in the RECORD and to include two reso­ crawford Johnson, Ward Sundstrom The SPEAKER. The question is on Creal Jones Taber lutions adopted by the legislature of my Crosser Jonkman Talbot the passage of the bill. State. cunningham Kean Tarver The bill was passed and a motion to The SPEAKER. Is there objection to Dewey Kilburn Taylor reconsider was laid on the table. Dirksen Kinzer Thomas, N.J. the request of the gentleman from New Ditter Lambertson Thomas, Tex. EXTENSION OF REN ARKS York [Mr. MRUK]? Dondero Landis Tibbott There was no objection. Durham LeCompte Towe Mr. REED of New York. Mr. Speaker, Dworshak Lewis, Ohio Van Zandt I ask unanimous consent to extend my LEGISLATIVE PROGRAM Ellis Ludlow Vinson, Ga. Ellison, Md. McGehee Vorys, Ohio own remarks in the Appendix of the Mr. McCORMACK. Mr. Speaker, I Ellsworth McGregor Vursell REcORD and to include therein an edi- ask unanimous consent to proceed for 30 Elmer McLean Ward torial. · seconds. Elston. Ohio McMillan Weichel, Ohio Engel McWilliams Welch The SPEAKER. Is there objection to The SPEAKER. Is there objection to Engle bright Mahon Wheat the request of the gentleman from New the request of the gentleman from Mas­ Felghan Mansfield, Tex. White York [Mr. REED]? sachusetts [Mr: McCoRMACK]? Fish Martin. Iowa Whittington There was no objection. Fisher Martin, Mass. Wigglesworth There was no objection. Flannagan Mason Willey PERMISSION TO ADDRESS THE HOUSE Mr. McCORMACK. Mr. Speaker, may Folger May Winstead I announce to the House that it is the Fulbright Merrow Wolcott Mr. PLOESER. Mr. Speaker, I ask intention to proceed with. consideration Fulmer Michener Woodrum, Va. unanimous consent that on Tuesday next Gavin Miller, Mo. Worley of the rule making in order the Hobbs Gearhart Miller. Nebr. the gentleman from Missouri [Mr. bill for 30 or 40 minutes, but not to com­ Gerlach Mills ScHWABE] may be permitted to address plete consideration of the rule this eve­ NOT VOTING-73 the House for 15 minutes at the con­ ning. The House will proceed with gen­ Allen, Dl. Gordon Patman clusion of business on the Speaker's eral debate after the preliminary mat­ Anderson, Calif. Gore Pfeifer table and after any special orders here­ ters are disposed of tomorrow. · Anderson, Gorski Plumley ' tofore entered. · N. Mex. Guyer Powers AMENDING TiiE ANTIRACKETEERING ACT Andrews Hartley Pracht The SPEAKER. Is there objection to Bates, Ky. Holmes, Mass. 'Richards the request of the gentleman from Mis­ Mr. COLMER. Mr. Speaker, I call up Bates, Mass. Izac Robinson, Utah souri [Mr. PLOESER]? House Resolution 154, and ask for its Beall Kee Sa bath Bell Kennedy Scanlon There was no objection. immediate consideration. Boykln Kerr Simpson, Pa. The Clerk read the resolution, as Bradley, Pa. Knutson Smith, Maine EXTENSION OF REMARKS follows: Byrne Larcade Smith. Va. Mr. PLOESER. Mr. Speaker, I ask Cannon, Fla. Lewis, Colo. Snyder Resolved, That immediately up'on the adop­ Clark Luce Somers, N. Y. unanimous consent to extend my own tion of this ' resolution it shall be in order to Cox McCormack Spence remarks in the RECORD and to include move that the House resolve itself in.to the Cullen McGranery Starnes, Ala. an editorial from the St. Louis Globe- Committee of the Whole House on the state Dawson McKenzie Stevenson of the Union for the consideration of the bill Dies Maas Thomason I>emocrat. . Dingell Morrison, La. Treadway . The SPEAKER. Is th~re objection to (H. R. 653) to amend the act entitled "An Eaton Matt Weaver the request of the gentleman from Mis­ act to protect trade and commerce against Elliott Nichols Wilson interference by violence, threats, coercion, or Fogarty Norrell Winter souri [Mr. PLOESER]? intimidation," approved June 18, 1934. That Ford O'Brien, Til. Wolverton, N.J. There was no objection. after debate, which shall be confined to the Furlong O'Toole Woodruff, Mich. Mr. LESINSKI. Mr. Speaker, I ask Gibson Outland bill and continue not to exceed 2 hours, to unanimous consent to extend. my ·own be equally divided and controlled by the So the amendment was rejected. remarks in the RECORD arid include chairman and ranking minority member of 3162 CONGRESSIONAL RECORD-HOU.SE APRIL 8 the Committee on the Judiciary, the bill drive it. A farmer could not deliver his · Mr. COLMER. I yield to the gentle­ shall be read for amendment under the produce into these cities without a U:{lion man from Pennsylvania. 6-minute rule. At the conclusion of the con­ driver. That was the situation, briefly. Mr. MURPHY. Was the testimony of sideration of the bill for amendment, the The SPEAKER. The time of the gen­ 'the ·labor leaders before the Committee Cemmittee shall rise and report the bill to the House with such amendments as may tleman from Mississippi has expired; on Ru1es reported? have been adopted and the previous question Mr. COLMER. Mr. Speaker, I yield Mr. COLMER . . No; it was not made shall be considered as ordered on the bill and myself 5 additional minutes. :public. That is not customa1·y. amendments thereto to final passage without The case to which I refer resulted from In deference to all that can be said intervening motion except one motion to an indictment against a local teamsters' about this, it gets ·down to the question recommit. union in New York City. _ The case went of whether or not a great country like HOUR OF MEETING TOMORROW to the Supreme Court and the Supreme this is going to permit any organization, Court rendered the decision to which I whether it be a labor union, a religious Mr. McCORMACK. Mr. Speaker, l referred. · organization, a patriotic organization, 11.sk unanimous consent that when the · This measure is an attempt to remedy so-called, or anything else, to interfere House adjourns today it adjourn to meet that situation, or to stop the loophole, or with the orderly transfer of commod:lties at 11 o'clock tomorrow. whatever you want to term it. That was in interstate commerce. I do not think Mr. MARTIN of Massachusetts. Re­ a very serious situation, a situation com­ anybody shou1d put honest, God-fearing, serving the right to object, Mr. Speaker, parable to the condition that existed in patriotic, hard-working, laboring men in and I shall not object, we shall proceed this country in the early days of the the position of condoning extortion and with the Hobbs bill, of course, tomorrow? Colonies, when a farmer could not travel robbery. I think that the average labor­ Mr. McCORMACK. Exactly, from one State to another with his prod­ ing man is just as honest and patriotic as Mr. MARTIN of Massachusetts. When uce, which created an intolerable situ­ anybody in any other class of our citi­ that is out of the way, what else will be ation . zenry. He is a good citizen. .considered? You may say, "Who condones such The SPEAKER. The time of the gen­ Mr. McCORMACK. The nationality things? Does the union stand for tleman from Mississippi has again ex­ bill, and then, following that, will be a that?'' My answer is that the unions pired. resolution reported from the Committee do not. They say they do not. They Mr. COLMER. Mr. Speaker, I yield on Rules that was introduced by the say they do not approve of it. myself 3 additional minutes. I do not gentleman from Indiana [Mr. HALLEcKJ. This bill provides that it shall be a think it is fair to organized labor to put The SPEAKER. Is there objection to felony against the United States Gov­ them in that position, but I am happy to the request of the gentleman from Mas­ ernment to engage in extortion or rob­ sachusetts? be able to say now that I understand bery in interstate commerce. That is that as a result-and I say I understand There was no objection. all. It covers a thing that you and I advisedly-of a committee amendment AMENDING THE ANTIRACKETEERING ACT were taught at our mother's knee is which will be offered, a lot, if not all of Mr. COLMER. Mr. Speaker, I yield 30 wrong. the opposition from labor leaders wni be minutes to the gentleman from Michi­ When this matter was before the Com­ withdrawn from this bill. gan [Mr. MICHENER], and retain 30 min­ mitte on Ru1es some of the labor leaders Mr. MARCANTONIO. Mr. Speaker, utes for myself. wanted to be heard. As you know, the will the gentleman yield? I now yield myself 5 minutes. Committee on Rules is not a legislative Mr. CELLER. Mr. Speaker, will the Mr. Speaker, I do not know that any committee, and we do not hear anyone gentleman yield? explanation of this proposed legislation except Members of Congress. However, Mr. MARCANTONIO. I do not think could be made in 5 minutes, but I do I suggested that that rule be deviated that statement is quite correct. want to call the attention of the House from in that instance and that these Mr. COLMER Very well. I say that in this limited time by way of explana­ gentleman be allowed to present their I understood that. I am sorry that it is tion to some of the things the legislation claims, and they were given ' that privi­ not true, because I do not think labor seeks to do. This bill simply seeks to lege. They professed to see in this ought to be put in that position of up­ make extortion and robbery in inter­ measure something of a bugaboo where­ holding extortion or robbery, be it in state commerce unlawful. It does noth­ by labor could be crucified, as somebody whatever form. There are some of us in ing else. put it. I do not think·that is involved. this Congress and some others in this This legislation, reported almost unan­ Remember, these leaders say they do not country who are interested in labor, and imously by the Committe·e on the Judi­ condone this thing. The teamsters' we do not want to see labor crucified. ciary, I understand, would seek to stop union in New York said that they do Personally I have always been sympa­ racketeering in interstate commerce. It not condone it. Yet they took the posi­ thetic with the cause of labor. Up until will be recalled that legislation was en­ tion before the legislative committee and the last few months and until we got in acted some years ago that sought to do before the Committee on Ru1es that they this war I have been considered by these that very thing. and that the Supreme do not want anybody else to do anything labor leaders themselves as friendly to Court in a recent decision involving a about it. That is a bad situation. labor. I do not want to see labor, which case that arose in New York, rendered · Mr. DELANEY. Mr. Speaker, will is dependent upon public opinion just as a decision through Mr. Justice Byrnes the gentleman yield? you and I are dependent upon public which held that that legislation did not Mr. COLMER. I yield to the gentle­ opinion, crucified by some peo-ple who are cover the type of racketeering this leg­ man from New York. advising them wrongly, and I am just islation seeks to curb. Mr. DELANEY. The fact of the mat­ as interested in them as anYbody else is. A condition something like this exists ter is that this committee report was Some amendments will be offered to · in this country: A man who drives a not unanimous. Also, in the committee this bill. I hope and pray in the interest truck into one of certain of our large it was indicated by those who favor this of labor itself that they can agree upon cities, and who does not belong to a legislation that the legislation is too those amendments, one of which, at union, is stopped at the entrance to the drastic, that the $10,000 fine and 20 years least, I wish I had the time to discuss, city and required to do one of two things, in jail is too drastic. They think a modi­ but. in the final analysis it is a .question either to employ a union man to drive fied bill might be more in consonance of whether the Congress of the United his truck to his destination, or to pay with present-day thinking. States is going to be big enough and the equivalent of a day's wages of a Mr. COLMER. The gentleman refers strong enough to meet this situation, and union worker. It makes no difference to the Committee on Ru1es? I say to you in conclusion that if you what type of truck it was, who owned Mr. DELANEY. Exactly. cannot pass this bill, then you cannot the truck, or anything of that nature; it Mr. 'COLMER. Yes. I said that I un­ pass any legislation to which the labor is just a question of whether or not a derstood it was reported practically leaders object, · truck could drive into one of these cities, unanimously from the Committee on the Mr. MICHENER. Mr. Speaker, l .yield such as New York, Chicago, Richmond, Judiciary. myself 10 minutes.. It is now 10 minutes and others, where that practice became Mr. MURPHY. · Mr. Speaker, will the after 5 o'clock. Some of us have·been common without having a union man gentleman yield? on the floor constantly since 11 o'clock 1943 . CONGRESSIONAL RECORD-HOUSE 3163 this morning. We are all tired. It is ' that the judge had committed error in The only amendment that the commit­ the wrong time to bring up a matter so his charge to the jury, and that as mem­ tee knows anything about is the amend­ serious and so controversial as this is. bers of a labor union they were attempt­ ment suggested by the American Federa­ However, the rule is up for considera­ ing to carry out the proper and legal pur­ tion of Labor, and, as I understand, was tion. I shall not at this tinie attempt to poses of the labor union, and that they prepared by Mr. Padway, attorney for discuss the bill. I shall do that which I were exempt from law regardless of what the American Federaiior of Labor. The conceive to be the function of the mem­ they did, so long as they had in their own committee had a confidential committee bers of the Rules Committee and discuss mind the thought that they were further­ print of the bill under date of March 18, the rule by which the bill comes before ing a legitimate activity of a labor union. 1943. It embodied in that confidential the House, and then in a general way, as The circuit court of appeals reversed the print the suggestion of the American a member of the Committee on the Judi­ conviction. The case then came to the Federation of Labor which found ex­ ciary, I shall state the procedure that Supreme Court of the United States, and pression in the amendment of Mr. Pad­ will be followed in the committee. The the Supreme Court of the United States way. After careful consideration by the committee will have 2 hours under the sustained the circuit court of appeals Committee on the Judiciary it was felt rule at its disposal for general debate. and indicated to the Congress that if the that the proviso on page 4 of the bill, It is hoped that every man and woman Congress intended to include this kind of title 2, was in substance and in fact the in the House who wants to express him­ act on the part of members of labor same thing as embodied in the Padway self or herself will be given an oppor­ unions it should make it clear and amend amendment. tunity to do that. It is an open rule. the law. That is the purpose of this law. As one member of the Committee on After 2 hours of general debate, then the If you have not read it, please get there­ the Judiciary-and I can ~peak for my­ membership will be permitted to offer port of the committee and read majority self, and I do not speak for anyone else- a.ll amendments to the bill which are and minority opinions overnight. That . I voted to substitute the Padway am~nd­ permissible under the general rules of is, especially if one is a lawyer, and espe­ ment in lieu of the proviso in the House the House. There has been much dis­ cially if he has at heart the interest of bill. There is no difference except that cussion about the bill, much of which organized labor. amendment in the bill refers to the sec­ has its basis in misinformation. The I feel that this bill should be right­ tion and not the act. I voted to change bill finds its inception and motivation in fully entitled a bill for the relief of or­ the word "section" to "act" and make it the fact that the Supreme Court ren­ ganized labor from racketeers and per­ apply to the entire bill. dered a decision a few months ago inter­ sons of that type, who have bored from If that is done then it would seem preting the antiracketeering act passed within, and who are discrediting the that there should be no objection, at by this Congress in 1934. The sound­ labor union today. Organized labor can least on the part of the American Fed­ ness of that decision is, in the consid­ render a splendid service to its members eration of Labor. It is just a question ered opinion of many, most questionable. and to the country and should not be de­ as to the wording. It was the purpose of that act to prevent stroyed by unscrupulous members and Mr. CELLER. Mr. Speaker, will the robbery, extortion, and racketeering. It racketeers. gentleman yield? was not aimed at organized labor in any Mr. MARCANTONIO. Mr. Speaker, Mr. MICHENER. I yield. way, and in an endeavor to make that will the gentleman yield? Mr. CELLER. There was a substitute sure there was included within the law Mr. MICHENER. I would rather not amendment offered and I think that a provision which attempted to guaran­ just for the time being because my time substitute amendment is one that the tee that thing. By what I deem, and is so short. Before we get through de­ American Federation of Labor and Mr. many, especially among labor leaders, bate tomorrow I shall be glad to yield Padway wish to have adopted, and which today deem to be a most unfortunate to my good friend from New York. labor generally wishes to have adopted. decision by the Supreme Court, this bill For a moment may I call your at­ It is quite different from the so-called has been introduced. It was introduced tention to the bill? The bill H. R. 653 committee amendment. at the invitation of the Supreme Court, consists of two titles. The first title Mr. MICHENER. I may be in error. as expressed in the majority opinion. deals with robbery and extortion. The I want to be fair. The distinguished In other words, if it was the view of the second title was prepared and introduced gentleman from New York [Mr. CELLERJ Congress that the antiracketeering law at the suggestion of the Director of is one of the two members of the com­ should apply to one engaged in robbery Transportation, Mr. Eastman. The first mittee who filed a minority report or extortion or racketeering who hap­ section on page 2, line 18, contains a pro­ against the bill, and he made a very in­ pened, perchance, at the time, to have vision exempting certain activities of telligent fight in the committee for the in his pocket a union card, that law organized labor and certain acts from principles for which he stood and the should not exempt him. No labor or­ the operation of this act. That is the changes which he thought should be ganization justifies the act to which the general meaning of it. That is title 2. made. gentleman from Mississippi [Mr. CoL­ There was some question about that title, My understanding was that he did not MER] has referred and which brought as to whether or not it would interfere object to the amendment which was in­ the case to the Supreme Court. with the legitimate activities of labor cluded in the committee print as the Now when the Congress passed the act unions. The labor unions took this mat­ A. F. of L. amendment. If I am in error, in 1934 the Congress never intended to ter under consideration. They undoubt­ I am sure the gentleman will correct exempt anybody from the law who was edly gave it much _attention and there me, and I always want to be corrected if committing robbery or extortion. It was was submitted a proposal in the form of I am wrong. never intended that membership in a un­ an amendment which. as I understand, Now, to get down to the necessity for ion would give immunity under the law. has the approval of the American Fed­ this legislation, th-a.t is a long story. We The Department of Justice at that time, eration of Labor, and as I have been in­ all know about racketeering. We all in 1934, took that view, and it approved formed, and as the weekly publication nf know that if a truck driver, for instance, that organization states, if this amend­ from my town or your town or Washing­ that law. The President-of the United ment were adopted, then the objection ton were to go-to New York with produce States took that view and he approved of the American Federation of Labor he would feel that he should be per­ that law. Then over in New York there would be removed. mitted to drive intoo the market place so was extortion, robbery, and racketeering There has been a lot of talk around the long as he was obeying the law and com­ committed by men who it developed later House, this buttonholing of Members, and plying with lawful regulations, and un­ were members of a labor union. That saying, "Now we are trying to do some­ load and sell his produce. He does not same Department of Justice prosecuted thing for organized labor, and we have feel that he should be waylaid on the those men for racketeering under that got an amendment that will take care of highway as he enters the city and com­ law. Those racketeers were convicted in this thing." pelled to pay tribute amounting to a day's their own bailiwick, in the city of New The SPEAKER. The time of the gen­ work to any man who stops him at the York, as racketeers, by a jury of their tleman from Michigan has expired. point of a bludgeon or a threat to take peers. They then appealed to the circuit Mr. MICHENER. Mr. Speaker, I yield from him a given number of dollars for court of appeals upon the ground largely myself 5 additional minutes. the privilege of driving his own truck, LXXXIX--200 3164 CONGRESSIONAL RECORD-HOUSE APRIL 8 loaded w1th potatoes or chickens, from Hobbs Act, you must· be punished, as EXTENSION OF REMARKS the farm down to the market place. Ire­ there are no exceptions provided for you Mr. PITTENGER. Mr. Speaker, I ask gret that my time has expired, and I hope in the Hobbs Act, since the exceptions unanimous consent to extend my own re­ to continue the debate tomorrow. appearing in these other acts have not marks in connection with the St. Law­ The SPEAKER. The time of the gen­ been included or incorporated in the rence seaway project. tleman from Michigan has again expired. Hobbs Act.'' The SPEAKER. Without objection, it Mr. COLMER. Mr. Speaker, I yield 5 However, when a prosecution is is so ordered. minutes to the gentleman from New brought under the antitrust and other There was no objection. York [Mr. CELLER]. laws mentioned in the proviso, and the Mr. GAVIN. Mr. Speaker, I ask unani­ Mr. CELLER. Mr. Speaker, I think a prosecutor should attempt to deprive a mous consent to extend my own remarks great deal of the debate will turn on the defendant of the exemptions under the in the RECORD and include an editorial question of the so-called amendments. antitrust laws, claiming that the Hobbs from the Oil City Derrick. At the outset, I want to say that there is bill has wiped them out, then in such The SPEAKER. Without objection, it a big difference between the committee prosecutions under the antitrust laws, is so ordered. amendment, which will be offered, and and so forth, the defense can assert that There was no objection. the amendment which I will offer as a his exemptions are not wiped out because substitute amendment. the Hobbs bill specifically says that the ADJOURNMENT The committee amendment, in brief, antitrust and other laws are not re­ Mr. McCORMACK. Mr. Speaker, I states that nothing in this act shall be pealed. In other words, permissible move that the House do now adjourn. construed to repeal or modify four differ­ statutory construction does not allow The motion was agreed to; accord­ ent acts, the Norris-LaGuardia Act, the for incorporation of exemptions con­ ingly (at 5 o'clock and 32 minutes p. m.) National Labor Relations Act, the anti­ tained in other laws under a specific law the House, pursuant to its previous order, trust laws, and the Railway Labor Act. which merely says that such other laws adjourned until tomorrow, Friday, April My amendment, in brief, provides that are not repealed. To obtain the benefits 9, 1943, at 11 o'clock a. m. no acts, conduct, or activities which are of the exemptions in the antitrust laws lawful under these four different acts when a prosecution is had under the shall constitute a violation of this act­ Hobbs bill, it will be necessary to show COMMITTEE HEARINGS the so-called Hobbs Act. by affirmative recital in the Hobbs bill COMMITTEE ON THE MERCHANT MARINE ANi> I have written out carefully the dis­ that the exemptions, and so forth, are FisHERIES tinction between the two, so that over­ to be considered affirmatively incorpo­ As advised in notice of March 10, i943, night the Members of the House can rated therein. Congressman BATES of Massachusetts, mull over the distinctions. With reference to what the gentleman patron of the bill H. R. 1766, upon which I emphasize there is a vast difference from Michigan [Mr. MICHENER], for hearings were scheduled on April 8, 1943, between the committee amendment and whom we all have the highest regard, is a member of the Committee on Naval the Celler amendment. The committee said concerning Mr. Padway and the Affairs and of a subcommittee of that amendment simply says nothing in this American Federation of Labor, I draw committee which has arranged a sched­ act shall repeal, modify, or affect the the attention of the House to the re­ ule of hearings throughout the country antitrust laws, th Norris-LaGuardia lease of the American Federation of La­ which will compel Congressman BATES of Act, the Railway Labor Act, and the Na­ bor of March 15,1943, where it announces Massachusetts to be absent from Wash­ tional Labor Relations Act. That is not that it would accept the Hobbs bill if ington on April 8 and also April 15. equivalent to saying that the exceptions it contains the so-called Celler amend­ The ·chairman of the committee and or conduct made lawful in those acts ment, which I intend to offer. the Commissioner of Fisheries will be are incorporated in the Hobbs Act. It is The SPEAKER. The time of the out of town on intervening dates, which one thing to say that the Hobbs bill does gentleman from New York has expired. will necessitate a further postponement not repeal certain laws. It is quite an­ Mr. McCORMACK. Mr. Speaker, I of the hearing until May 13, 1943. You other thing to say that the substantive ask unanimous consent that further con­ are hereby notified that the hearings provisions of these laws are to be in­ sideration of the pending resolution be scheduled for April 8 and postponed cluded or considered included in the suspended. until April 15 have been postponed to Hobbs bill. The committee amendment The SPEAKER. Without objection, it May 13, 1943, at 10 a. m., at which time is wholly in the negative; the Celler is so ordered. the hearings will follow. There was no objection. amendment is in the affirmative. The COMMITTEE ON THE POST OFFICE AND POST practical effect is vastly different. EXTENSION OF REMARKS ROADS The committee amendment may just as well say nothing in the Hobbs bill Mr. KEEFE. Mr. Speaker, I ask unani­ There will be a meeting of the Com ... shall repeal or modify the White Slavery mous consent that I may be permitted to mittee on the Post Office and Post Roads Act, the Tariff Act, the Income Tax Act. revise and extend the remarks I made on Monday, April12, 1943, at 10:30 a.m., The Celler amendment says that con­ in the Committee of the Whole this for the consideration of H. R. 687, at duct, acts, and activities that are lawful afternoon. which nublic hearings will be had. under the four statutes mentioned shall · The SPEAKER. Without objection, it not constitute a violation of the Hobbs is so ordered. REPORTS OF COMMITTEES ON PUBLIC Act, but in my wording of my amend­ . There was no objection. BILLS AND RESOLUTIONS ment, I actually embrace within the SPECIAL ORDERS Hobbs Act and make part of it the sub­ Under clause 2 of rule XIII, reports stantive provisions of these four statutes. The SPEAKER. Under the previous of committees were delivered to the This is the way the saving clause em­ order of the House, the gentleman from Clerk for printing and reference to the bodied in the committee amendment will Connecticut is recognized for 30 minutes. proper calendar, as follows: work out. When a prosecution is had Mr. MILLER of Connecticut. Mr. Mr. SMITH of West Virginia: Committee under the Hobbs Act with the committee Speaker, I shall not claim·my time this on Mines and Mining. H. R. 2370. A bill amendment that amendment will have afternoon, but will ask for it at a later providing for the suspension of annual assess­ ment work on mining claims held by location no effect at all. II a worker. is charged date. in the United Stat es, including the Territory with a violation of the Hobbs Act and he LEAVE OF ABSENCE of Alaska; wit h amendment (Rept. No. 351). attempts to j~tify his conduct by as­ Referred to t h e Committee of the Whole serting that what he did was lawful By unanimous consent, leave of ab­ House on the state of the Union. under the Norris-LaGuardia Act, or the sence was granted as follows: Clayton Act, or the Railway Labor Act, To Mrs. LucE, for Friday and Satur­ or the National Labor Relations Act, the day, Monday and Tuesday, on account of CHANGE OF REFERENCE court will probably state, "This is not a official business. Under clause 2 of rule XXII, eom­ prosecution under any of those statutes; To Mr. HARTLEY (at the request of Mr. mittees were discharged from the con­ this is a prosecution under the Hobbs CANFIELD), for 2 days on account of offi­ sideration of the following bills, which Act. If you are guilty of violating the cial business. were referred as follows: 1943 CONGRESSIONAL RECORD-HOUSE 3165 A bill (H. R. 1531) granting a pension to By Mr. O'NEAL: Montana: to the Committee on the Public Martha Lumley; Committee on Invalid Pen­ H. R. 2440. A bill for the relief of Mrs. Pris­ Lands. sions discharged, and referred to the Com­ cilla B. McCarthy; to the Committee on 465. Also, memorial of the Montana Legis­ mittee on Pensions. Claims. lature, requesting that appropriate action be A bill (H. R. 1634) granting a pension to immediately taken for declaring the high­ Martha E. Lumley; Committee on Invalid PETITIONS, ETC. way leading south from Edmonton, Alberta, Pensions discharged, and referred to the Com­ to Great Falls, Mont., and the connections mittee on Pensions. Under clause 1 of rule XXII, petitions thereto as the Alaskan Highway; to the A bill (H. R. 2192) granting an increase of and papers were laid on the Clerk's desk Committee on Roads. pension to Sophronia Brownson; Committee and referred as follows: 466. Also, memorial of the Montana State on Pensions discharged, and referred to the Senate, requesting legislation and adminis­ Committee on Invalid Pensions. 451. By Mr. LUTHER A. JOHNSON: Peti­ tion of Walter L. Roberts, H. R. Stewart, and trative regulation fixing the allotment of B. T. Delallay, of Corsicana, Tex., favoring acreage for sugar beets on the basis of 1942 and years previous, as a minimum, removing PUBLIC BILLS AND RESOLUTIONS House bill 2195; to the Committee on the Civil Service. any and all penalties for seeding or planting Under clause 3 of rule XXII, public 452. By Mr. TREADWAY: Vote of the De­ less than 90 percent of the war croJ:>s; to the bills and resolutions were introduced and partment of Public Utilities, Commonwealth Committee on Agriculture. severally referred as follows: of Massachusetts, opposing Federal legisla­ 467. Also, memorial of the Montana State tion interfering with the power of the State Senate, requesting an extension of time to By Mr. COCHRAN: to regulate rates for the transportation of negotiate and approve the Yellowstone River . H. R. 2433. A bill to discontinue certain re­ passengers and freight by aircraft within the compact; to· the Committee on Irrigation ports now required by law; to the Committee State; to the Committee on Interstate and and Reclamation. on Expenditures in the Executive Depart­ Foreign Commerce. 468. By Mr. ENGLEBRIGHT: House Reso­ ments. 453. By Mr CARLSON of Kansas: Petition lution No. 139 of the California Legislature, By Mr. GATHINGS: of W. M. Slopansky, president, and Lee L. regarding ceiling prices on poultry; to the H. R. 2434. A b111 to provide that retired H'l.wley, secretary, and about 100 other citi­ Committee on Banking and Currency. Regular Army officers called to active duty 469. Also,. Assembly Joint Resolution No. shall be entitled to retirement pay in accord­ zens of Belleville, Kans., concerning House bill 1649; to the Committee on Ways and 28 of the California Legislature relating to ance with the highest temporary grade at­ Means. · destruction of crops by ducks; to the Com­ tained by them; to the Committee on Military mittee on Agriculture. Affairs. 454. By Mr. SPRINGE.~:~.: Petition Of many By Mr. FULMER: citizens of Indiana and especially from 470. Also, Assembly Joint Resolution No. H. R. 2435. A bill to provide for the estab­ Marion, Kokomo, Huntington, Connersville, 34 of the Californih Legislature relative to lishment of uniform freight rates, and for Princeton, Owensville, Wabash, Columbus, memorializing the President and Congress to other purposes; to the Committee on Inter­ Warren, Kendallville, and Pendleton, Ind., enact legislation to secure to all employees of state and Foreign Commerce. who urge Congress to pass House bill 2082, the Post Office Department an increase in By Mr BOREN: introduced by the Honorable JosEPH R. BRY· wages commensurate with increase in living H. R. 2436. A bill to establish uniform soN, of South Carolina; to the Committee on expenses; to the Committee on the Post Office freight rates throughout the Nation; to the the Judiciary. and Pos'· Roads. Committee on Interstate and Foreign Com­ 455 By Mr. MANSFIELD of Montana: Me­ 471. Also, Senate Joint H.esolution No. 18 merce. morial from the Montana State Senate to the of the State Senate of California, relative to By Mr. PRICE: President; requesting that steps be taken to the construction of a dam on the Stanislaus H. R. 2437. A bill authorizing the Postmas­ increase the price of strategic metals; to the River; to the Committee on Rivers and ter General to use post-office clerks and city Committee on Mines and Mining. Harbors. letter carriers interchangeably; to the Com­ 456. Also, memorial of the Montana Legis­ 472. By Mr. FITZPATRICK: Petition of mittee on the Post Office and Post Roads. lature memorializing Congress to make a the New York State Legislature, requesting By Mr GALE: study and investigation of marketing, trans­ Congress to remove unnecessary restrictions H. R. 2441. A bill to incorporate the United portation, and distribution of farm products; interfering with travel of persons and move­ Philippine War Veterans; to the Committee to the Committee on Agriculture. ments of products between the United States on the Judiciary. 457. Also, memorial of the Montana Legi::;­ and Canada to the end that an efficient and By Mr. SPARKMAN: lature, requesting transfer of that part of victorious prosecution 0f the war may be pro­ H. R. 2442. A bill to provide for the tem­ Federal reservation known as Beaver Creek moted; to the Committee on Interstate and porary promotion of officers of the Dental Park for use as a State park; to the Committee Foreign Commerce. · Corps of the Army of the United States; to on the Public Lands. 473. By Mr. SMITH of West Virginia: Pe­ the Committee on M111tary Affairs. 458. Also, memorial of the Montana Legis­ tition of the Civilian Pilots' Association of lature, favoring appropriation to utilize irri­ Wertz Field, Charleston, W. Va., objecting gation and power possibilities of the Fort Peck strenuously to War Production Board Order MEMORIALS project; to the Committee on Irrigation and L-262; to the Committee on Interstate and Reclamation. Foreign Commerce. Under clause 3 of rule xxn, memorials 459. Also, memorial of the Montana Legis­ 474. By Mr. CULKIN: Petition of Senator were presented and referred as follows: lature, to return to the farmer such prices Young in the Senate of the State of New By the SPEAKER: Memorial of the Legis­ as will assure a reasonable profit over his York, favoring a revision on our laws and lature of the State of New York, memorial­ cost of production, including all cost of regulations affecting the border between this izing the President and the Congress of the labor; to the Committee on Agriculture. country and Canada to the end that unnec­ United States to enact into law House bill 460. Also, memorial of the Montana Legis­ essary restrictions may be reinlJved and travel 997 or Senate bill 216; to the Committee on lature, requesting that the so-called cost­ of persons and movement of products may be Military Affairs. plus plan of letting governmental contracts facilitated for the purpose of promoting a Also, memorial of the Legislature of the be discontinued; to the Committee on Mili­ harmonious, efficient, and victorious prosecu­ Territory of Puerto Rico, memorializing the tary Affairs. tion of the war; to the Committ~e on Inter­ President and the Congress of the United 461. Also, memorial of the Montana Legis­ state and Foreign Commerce. States to keep Governor Tugwell as Governor lature, relating to the disassociation of the 475. Also, petition of the Board of Super­ of Puerto Rico until the people of Puerto several divisions of the United States Bureau visors of the County of Jefferson, N. Y., fa­ Rico have the opportunity of electing their of Animal Industry; to the Committee on voring an amendment to section 500 of the own chief executive; to the Committee on Agriculture. Soldiers' and Sailors' Civil Relief Act requir­ Insular Affairs. · 462. Also, memorial of the Montana Legis­ ing a person .in the armed forces claiming a lature, relating to the scarcity of fiber, foods, deferment from real property tax sale by local and drugs; to the Committee on Agriculture. taxing authorities to give notice in writing PRIVATE BILLS AND RESOLUTIONS 463. Also, memorial of the Montana State of such claim and making the right to such Under clause 1 of rule XXII, private Legislature, to the Director of the Bureau of deferment dependent upon the giving of such Public RoadS, to construct a road from the notice; to the Committee on Military Affairs. bills and resolutions were introduced and Boulder River to the head of Bobcat Basin; severally referred as follows: to the Committee on Mines and Mining. 476. Also, petition df Mr. Twomey in the Senate of the State of New York, favoring the By Mr. BENNETT of Missouri: 464. Also, memorial of the Montana Legis­ H. R. 2438. A bill for the relief of Berna­ lature, requesting enactment .of legislation Pharmacy Corps blll (S. 216 and H. R. 997): dine Salmons; to the Committee on Claims. directing the annual payment of grants by to the Committee on Military Affairs. By Mr. McGEHEE: the Secretary of the Treasury of the United 477. By Mr. FITZPATRICK: Petition of the H. R. 2439. A blll for the reimbursement of States to the State of Montana for the use New York State Legislature, requesting the certain enlisted men of the Navy for per­ and benefit of the several counties of Mon­ Members of Congress to enact the Pharmacy sonal property lost in the loss of the Hugh tana in lieu of taxes on lands owned by the Corps bill (H. R. 997 and S. 216) into a law; L. Scott; to the Committee on Claims. ,. United States Government in the State of to the Committee on Military Affairs.