1928 - CONGRESSIONAL RECORD-HOUSE 764-I Edward Garrett Cowen to be captain. The message also announced that the Senate ha·d passed bills Ralph Christian Bing to be first lieutenant. of the following title, in which the concurrence of the House of Clinton John Harrold to be first lieutenant. Representatives was requested : PosTMASTERS S.1769. A.n act for the I'elief of the legal representative of the estate of Haller Nutt, deceased; and DELAWARE S. 2720. A.n act for the relief of David 1\IcD. Shearer. William H. Evans, Newark. The message further announced that the Senate had passed GEORGIA the following resolution : · Vera H. Cummings, Warthen. Senate Resolution 218 LOUISIANA Resol-ved~ That the Senate has heard with profound sorrow the an­ Nettie Sojourner, Amite. nouncement of the death of Bon. THADDEUS C. SWEET~ late a Repre­ Minnie M. Baldwin, Bernice. sentative from the State of New York. John A. :Moody, Cotton Valley. Resol· ved~ That a committee of 10 Senators be appointed by the Vera M. Canady, Eros. Presiding Officer to join the committee appointed on the part of the Harry Preaus, Farmerville. House of Representatives to attend the funeral of the deceased Repre­ David S. ·Leach, Florien. sentative. Edward A. Drouin, Mansura. Resolved~ That the Secretary communicate these resolutions· to the J. Wiley Miller, Many. House of Representatives and transmit a copy thereof to the family of Edwin J. LeBlanc, Melville. the deceased. William F. Hunt (Mrs.), Meridian. Resolved~ That as a further mark of respect to the memory of the Otto J. Gutting, Oil City. deceased the Senate do now adjourn. Teakle W. Dardenne, Plaquemine. The message also announced that pursuant to the foregoing James H. Gray, Pollock. resolution the Presiding Officer had appointed l\Ir. CoPELAND, A venant Manuel, Ville Platte. l\lr. WAGNER., Mr. Gt.TRTIS, Mr. ROBINSON of Arkansas, l\Ir. BING­ Samuel A. Fairchild, Vinton. HAM, 1\lr. REED of Pennsylvania, Mr. HALE, Mr. WALSH of Keary E. Ham, Wilson. Massachusetts, Mr. SwANSON, and 1\Ir. EDWARDS members of the MASSACHUSETTS committee on the part of the Senate to attend the funeral of Mary M. Langen, Lancaster. the deceased. MISSOURI THE DAIRY INDUSTRY IN THE SOUTH John M. MatheR, Aurora. Mr. BUSBY. Mr. Speaker, I ask unanimous consent to ex­ Charles F. McKay, Knox City. tend my remarks in the RECoRD on a subject akin to the subject­ Euward F. Walden, Morehouse. of agriculture, being the subject of the dairy industry in the Frank L. Mertsheimer, Pleasant Hill South. NEBRASKA The SPEAKER. Is there objection to the request of the gen­ tleman from Mi~sissippi Milton R. Cox, Arapahoe. There was no objection. Arvid S. Samuel: on, Axtell. 1\Ir. BUSBY. Mr. Speaker, the eye of the dairying industry Walter G. Mangold, Benningto-n. of the Nation is being cast over our country for the most favored Robert J. Boyd, Trenton. fields in which to economically and advantageously develop that NEW JERSEY industry. William 1\I. Matthews, Berlin. In very recent years the dairying industry has looked over the Raymond Johnson, Riverside. Southland and there has discovered those essential elements so G. Raymond Beck, Roebling. necessary to its most advantageous operation. There it has Alfred T. Kent, Summit. found a sunny climate but a section where the temperature in NORTH CAROLINA the summer months rarely goes higher than 95 degrees. It has found long grazing seasons, mild winters, inexpensive grazing Annie L. Stanton, Stantonburg. lands, and amply supply of water and running streams-all VIRGINIA provided by nature as aids to this great industry which must Elroy Shelor, .Meadows of Dan~ grow to supply a large part of the sustenance of the N a tftm. Richard F. Hicks, Schuyler. Southern dairymen are following tbe trail of the dairy cow to farm stability and community prosperity it is indicated by a .survey of the 16 Southern States showing the growth of dairying HOUSE OF REPRESENTATIVES in the South to a farm value estimated at easily $275,000,000 as against $230,036,832 estimated by the Bureau of the Census for WEDNESDAY, May 2, 1928 this group of States in 1925. The House met at 12 o'clock noon. That this figure will be considerably increased in 1928 is the The Chaplain, Rev. James Shera Montgomery, D. D., offered conviction of those watching the remarkable flo.od into the tbe following prayer : South of new capital from manufacturers of dairy products of other sections, who are beginning to show keen interest in the Again, our blessed Heavenly Father, the clouds hang low and dairying possibilities of the Southern States. the shadows, dull and dreary, fall on our reluctant path. We In this light it is easy to understand that the future of dairy­ wonder what day of the week, we wonder what night of the ing development in the States below the Ohio River in 1927 is year when our idols of earth shall shatter and we shall know more secure than at any time since the cotton-growing States just what the human heart has to bear. Our brother and first actively launched forth upon dairying enterprises 15 years friend, the conscientious and capable servant of state, has dosed ago in the face of the boU weevil's relentless march from the his eyes in death and gone out in silence. Shaking off in Texas border to the northernmost boundaries of the cotton strange, resistless power, so swift the flight, so sudden the fall, States. and swept beyond the boundary of the stars and touched Last year's growth in farm value of dairy products is not eternity. Oh, God is God, and somehow, some way, His plans the significant feature of the outlook for this industry's growth will work out, and he who does his best shall never mourn in in the South ; the coming in of new dairying capital is the devel­ vain. The heart-stricken family. Oh, the deep fountains of opment causing observers of this industry to believe that the grief from which their sorrows flow ! Oh, be with them, dear tide of America's mighty dairying industry at last has set forth Lord, as theiJ: mute hearts go out to Thee and as their feet are on a southward trend just as the cotton-mill industry earlier summoned to tread a way so hard and lonely. Comfort their picked out the South as offering conditions altogether more poor, sick hearts and take them to Thy breast. Amen. · favorable to its success. In the South's record of dairying progress, the year 1927 The Journal of the proceedings of yesterday was read and will go down as the year of the coming in of the condenseries approved. and cheese factories. While one milk condensery was estab­ MESSAGE FROM THE SENATE lished at Starkville, Miss., in 1926, and a few Southern States A message from the Senate by Mr. Craven, its principal clerk, a few years ago began to interest themselves tn cheese-manufac­ announced that the Senate had passed without amendment a turing possibilities, it was in 1927 that leading manufacturers bill of the House of the following title: of cheese and cop.densery products from other sections of the H. R. 10151. An act to amend section 9 of the Federal reserve country began a deluge of investments that yet will grow int~ act. · several millions, in the opinion of those closely following this CONGRESSIONAL RECORD-HOUSE }lAY 2 ·~

trend, among them L. J. Folse, general manager of the Missis­ and probably exceeds 3,000 pounds a year now. It is esti­ .sippi State Board of Development, who estimates that dairy mated that Texas produced 48,000,000 pounds of farm butter manufacturing projects begun in 1927 and 1928 will approxi­ in 1927, sold 15,000,000 pounds of butterfat to creameries, mate $2,500,000 in Mississippi alone before the year is out­ 850,000 gallons of cream, and 36,000,000 gallons of whole milk, this in investment in plants and equipment, to say nothing of with a total value of dairy products estimated at $45,000,000, corresponding growth in investments in cows and farm equip­ as against $33,442,933 estimated by the Government for 1925. ment to keep pace. The number of cows in Missouri increased to 827,000 in 1927, Impressed with the success of the Borden Condensery at and creamery production is estimated at 73,000,000 with the Starkville, erected at a cost of $750,000, the Carnation Milk total farm value of dairy products estimated at $65,000,000. Products Co., Oconomowoc, Wis., one of the largest condensery Alabama's creamery output in 1927 is estimated at well in ex­ manufacturers of the Nation, erected a $500,000 plant at Tupelo, cess of 2,000,000 pounds, although the Government's 1926 esti­ Mis. ., in the spring of 1927, followed by another plant at Mur­ mate was slightly less than 1,000,000 pounds. Arkansas easily freesboro, Tenn., in the summer of 1927, the Pet Milk Co., in manufactured 2,500,000 pounds of creamery butter in 1927, a 1927, established condem:eries at Mayfield and Bowling Green, gain of more than 1,000,000 pounds over the 1926 estimate. Ky., and Greenville, Tenn., and early in 1927 had begun erection Georgia is estimated to have produced approximately the same of a condensery at Ko ciusko. amount. Kentucky's production is estimated at 22,000,000 The. Borden Co. followed up the successful operation of its pounds; Maryland, 1,000,000 pounds; Mississippi, 8,000,000 Mississippi plant in 1927 by erecting plants at Lewisburg and pounds; Oklahoma, 23,000,000 pounds; South Carolina, 1,000,000 Fayetteville, Tenn., in 1927. . pounds ; Tennessee, 15,000,000 pounds ; Texas, 18,500,000 The coming of the cheese factories to the South followed early pounds; Virginia, 6,500,000 pounds; and West Virginia about efforts to build up a cheese industry in this section through local 1,000,000 pounds. Florida and Louisiana have negligible cream­ enterprise, Georg~a and North Carolina made bids in the cheese ery production, although the latter· State is laying ambitious industt~y a few years ago, and in 1927 the Mississippi State plans to drive out the cattle tick and follow the good example Board of Development cooperated with the Yazoo City Chamber of surrounding States that are rapidly advancing in dairying. of Commerce in establishing at Yazoo City the first cheese fac­ The almost south-wide movement now taking shape for tick tory operated in Mississippi. eradication: causes many to expect speedy elimination of this Then followed surprising interest in the Southern States on pest and an extraordinary course of dairying development for the part of the Kraft Cheese Manufacturing Co., the Barber the Southern States, particularly in view of the growing in­ Cheese Co., the Phenix Cheese Co., and other . large dairy­ terest of dairy products manufacturers of other States in this products manufacturers of the Nation. The Kraft Co. is ex­ section-an interest it is significant to note-that developed pected to run its 1927 investments in the South to more than fullest after steps had been taken to wipe out the tick from $1,000,000, having picked out sites in Mississippi, Alabama, and Mississippi and other Southern· States. Tenne~"See. Coming now to my own State of Mississippi, I desire to par­ The Barber Co. has established headquarters at Columbus, ticularize concerning the development of the dairying industry 1\Iiss., where a $50,000 central manufacturing plant is being there. By far the major portion of this development has come completed at this time. Twelve miles away, at Billups Station, to us within the last two or three years. the same company has completed a plant with a capacity of As already stated, an estimate made by Mr. L. J. Folse, gen­ 20,000 pounds of milk a day, or 2,000 pounds of <:heese. The eral manager of the Mississippi State Board of Development, at plant at Columbus is to be one of the largest cheese factories Jackson, Miss., shows that projects begun in 1927 and in 1928 established anywhere and can be expanded from its original will approximate an investment of $2,500,000 for dairying capacity of 50,000 pounds of milk, or 5,000 a day, to ten times plants alone for these years. This does not take into consider­ this amount; and it is significant that officials have pur­ ation the additional dairying stock, improvement in dairying chased adjacent property with this thought in mind. While herds, or anything pertaining to the production of milk. there is no official announcement, this company is known to I quote from a letter received from Mr. Folse, dated April 30, be planning other plants in Mississippi, Alabama, and possibly 1928, as follows : in Tennessee. Summary of the industry in Mississlp:Pi While last year's activities in dairying development seemed to center in Mississippi, which State has grown from a farm value of dairy products estimated by the Government at about Skimmed-milk plants------6 $11,000,000 in 1925 to an estimated value of $18,000,000 or §~~~:~!~~~~~=~~;;;:==~======Ice-cream plants------li61 $20,000,000 in 1927, other Southern States likewise are improv­ Dried buttermilk plants------4 ing their opportunities in dairying and almost without exception Semisolid buttermilk planL------~------1 Whole-milk shipping stations------6 are showing marked progress. Whole-milk distributing stationS------5 While Government estimates placed Georgia's creamery prO: The dairy progres'3 in Mississippi can best be stated by these facts : duction at 1,982,000 pounds in 1926, a survey shows that State's In 1912 Mississippi produced one-half ounce butter per minute, fot• creamery output in 1927 was around 5,500,000 po nds. State which it received 1 cent. In 1927, 6 pounds butter, fot• which it re­ officials believe the Government's 1926 estimate was less than ceived $3.73. In 1928, 14 pounds of butter, for which it received $6.50. half that State's actual butter production, and records show that Georgia increased in amount of butterfat sold from 4,687,- With the magnificent showing that is being made in Missis­ 000 pounds in 1926 to 6,300,000 pounds in 1927, with an increase sippi, and likewise in all the other Southern States, in develop­ in whole milk to 44,000,000 gallons from 40,500,000 gallons the ing the dairying industry, I believe that this section of the preceding year. country offers such advantages--cheap grazing lands, warm The farm value of dairy products for that State is estimated climate, long grazing periods-that the drift of the dairying at $23,334,500, as against $22,875,876. In the opinion of Milton industry to the South is permanent and is destined to become P. Jarnagin, of the Georgia State College of Agriculture, dairy­ one of our outstanding economic institutions. ing is on a much firmer foundation in that State, for- ADDRESS OF SENATOR BORAH, OF IDAHO A recent survey of 200 typical dairy farms showed satisfactory net Mr. SMITH. 1\fr. Speaker, I ask unanimous consent to ex­ returns were being obtained from virtually all classes of dairy farm's. tend my remarks in the REcoRD by pli.nting a speech of Senator Our farmers are improving pastures, growing a greater percentage of BoRAH before the Hamilton Club in Chicago Saturday last. feed required, buying purebred bulls. Dairying is now on a substantial The SPEAKER. Is there objection to the request of the basis, and I believe each year will show material expansion and gentleman from Idaho? development. There was no objection. Maryland is seen to have grown substantially in number of 1\ir. SMITH. 1\fr. Speaker, under consent given by the House cow.· and in value of cows. A 7 per cent increase in cows for to extend my remarks, I wish to insert in the RECORD the address Kentucky is noted, and in the past year dairy heifers from of Hon. WILLLAM E. BoRAH, Senator from Idaho, before the 1 to 2 years old increased from 67,000 to 74,000. The State's Hamilton Club, Chicago, Ill., on the 28th ultimo. In view dairy production is estimated at between $20,000,000 and of the esteem in which Senator BORAH is held by the people $25,000,L00, a substantial increase over $18,225,120, estimated of the country, this address shpuld be preserved in the RECORD. for 1927. While dairying as a whole lost ground in South The speech is as follows: Carolina in the period from 1920 to 1925, it is seen to be on PARTY RESPONSIBILITY the upgrade since 1925·. On January 1, 1928, there were 20,000 \ more cows than a year before, and of the 1,688,000 cows in the Mr. President, this is 'the year of the great election, a year in which State, it is estimated that 53,000 produce milk used in some candidates and political parties will ask for the commendation and form of commerce. While census figures show no increase for confidence of the great American electorate. It is the most interesting dairy cows in Texas, Prof. J. A. Clutter, of the University of and impressive event which takes place in the politicai. affairs of our Texas, figures the average production for each cow is increasi~g people. The world offers no more absorbing and inspiring scene than 1928 ·CONGRESSIONAL RECOR.D-·HOUSE .7643 that of 120,000,000 people selectln.g their President-the executive head Tari1l' ·had its place, business was not neglected, economy was not of their Government. And no kiDg, no rule.r, anywhere on this earth only preached but practiced, party success, then as now was zealously. is clothed with tbe power which tl)e President of the United States sought, but the great underlying, driving power was the moral problems f'Djoys. There are none whose influence for ill or for good exceeds the of the hour and the upholding and preserving in all its integrity and influence . of tbe Cbiel Magistrate of tbe American Nation. He bas all its strength and worth of the Constitution nuder which we li:ve. been intrusted with an authority which, for weal or woe, has no par­ They were not afraid of questions like these and they neither hesitated allel and bas bad but few precedents. It is an expanding power and nor sougbt to avoid them because of the difficulty . of estimating the with indifference upon the part of the people, it could soon . become an number of votes for or again. t. No stronger partisans ever lived than absolute power. There is, there can be, therefore, no more exacting these men. No greater party leaders have ever appeared _in. the test of a people for self-government than the .faithful and intelligent politics of our country. But they neither compromised with moral performance of this obligation thus imposed by the Constitution under problems nor surrendered to those who challenged the great charter which we live and commanded by the liberty which w.e would preserve. of the Republic. These days which you and I, as partisans and as The political parties facing each other in this campaign are historic Americans are glad to recall, are the days in which were fought the parties. The humblest supporte.r of either will have no trouble in great battles for constitutional government and for the upbuilding­ recalling the great leaders of his party and their achievements or the intellectually, morally, and physically-a people upon whose shoulders ~olicies and theories of government which in the past have distin­ could safely rest the weight and within whose wisdom could be safely gui.·hed one from the other. ·we need not, as DemocTats or Repub­ intru. ted the preservation of representative democracy. " .Lord God licans, vie with each other in extolling the achievements of the past­ of hosts ! Be with us yet ! Lest we forget ! Lest we forget ! " they are secm·e. Tlle1·e is ample in the records of either party to I have been asked to say something this evening about ·the future arouse the p.ride and stU· the patriotism of all true Americans. We of the Republican Party. I am not disposed to enter the rOle of a can neither augment nor diminish the luster of past party deeds. prophet. But I am not averse to expressing my views upon some Our task is with the present. The worth and tbe commendation of matters which should, and I believe do, concern the party and with ei~her party depend ~pon what it proposes to do now, depend upon the which it must inevitably deal. I say some matters with which the merits of the program with which it proposes to deal with present party must inevitably deal ; for there are subjects now before the problems. Encomiums and denunciations, eulogies and criticisms will public relative to which millions of Republicans do not intend to ~eep no doubt have their place in the campaign, but an inconsequential place, the peace. When the public conscience is .uneasy, it is ~ime to be and, after all, prosaic place; for it is the present and what we propose frank. When Illinois grows restless the country is on the verge of a to do with our own living questions w~ich engage tbe e&ttention and riot. gl'ip the hearts and minds of those whose favor we covet and whose Internal party ti·oubles always give rise to two classes of partisans judgment we now await. differing radically as to bow to weather the storm. There at·e those Mr. President, the approaching, contest for party supremacy promises who a1·e willing to look facts in the face, condemn wrongdoing in the to be an interesting one. I trust it may be. As a Republican, bot party as well as out of the party, call together the forces of straight more as a citizen, I watch its coming with uncommon enthusiasm. I thinking and right acting, and face the future with a purpose and with ee, or seem to ..see, an ru·oused and deeply interested electorate. Noth­ a program. These people believe in their party, believe in its principles, ing could be better for the country. Nothing is more imperative. but are unwilling in the name of the party to protect or condone those Organization bas its place and I neither discard it nor decry it. But wbo have betrayed the public. There is another class who may be popular interest, a keen, searching, vigilant electorate is indispensable properly styled "Wait till the storm blows over." Class? This class to clean government and sound policies. Ours is the best of goveJ"n­ has been immortalized, properly immortalized, in a famous cartoon ments when the people are vigilant. It is the worst of governments from the inspind pencil of Thomas Nast. You may recall it. Connolly, when the people are inQifl'erent. We all rejoice, therefore, in the sign a name still prominent in the politics of New York City, Hall, Sweeney, of renewed con(!ern upon the part of those whose government this is. and Boss Tweed are perched like obscene bh·ds of prey against a . It means a cleaner and more responsive government. It means issues beetling cliff, their claws fastened upon the skeletons of their victims, clearly stated and candidly met. It means just and equal laws, sincerely the forked lightning of public wrath splintering the rocky crag<> about and courageously enfo1·ced. It means constitutional government respected them-slinking, silent; they are waiting for the storm to blow over. and upheld. It means corruption driven from its lair in public places. It did blow over and took them with it. This class of politicians feel When those out yonder in the open, out there where men and women no indignation because the public bas been robbed and because a great have to meet and deal with the austere realities of life, where men party bas been humiliated and discredited. They are interested solely and women ask of their Government nothing more than wise measures in promoting their personal ambitions and in the length of the public and sound policies, when those out there in the streets, in the factories, memory. and on the farms bestir themselves in tbe public interests, tbe great The world will judge the Republican Party not by what took place campaign for the Presidency is the most interesting and the most .assur­ prior to the recent exposure:, but by · the com·se and conduct of the ing spectacle which takes place in politics, in any land, or under any party after the exposures. Nothing conld be worse than the con­ government. Above all things, give us an aroused people and a fight­ ditions lately uncovered at Washington. No one should underestimate ing campaign. That is the beginning of all things worth while in the searching significance of these faithless and sordid tran ~actions American politics. The coon try needs again the kind of political war­ and no on~ can overstate the profound issues which they present fare in which the voter demands some evidence of the fitness, some for tbe consideration of the American people. But it is my conten­ evidence of the sincerity, of candidates beside that of the party label, tion that the future of the Republican Party and its possibility of tlemands some justification for party fealty aside from the declarations service to the public depend not upon what a few men did in secret and doings of the party fifty or a hundred years ago; that kind of politi­ and without. the slightest knowledge of the voters of tile party, but cal warfare in which the voters demand consideration of living issues upon what you and I and all Republicans, knowing the facts, advised and concrete programs for the problems of the hour. That is what of the treachery and warned of the evils, propose to do next, and -in made the campaign of 1828 forever memorable and its results forever the open. Against the secret machinations of unscrupulous men, justified. That is what lifted the great political battle of 1860 into neither business nor political organizations can at all times defend. the region of the sub1ime and baptized a nation with that moral fervor But when the deeds stand uncoverPd and the practices are lmown, which finally melted the last shackle from every human being under the the simplest and most primary principles of honesty and decency flag. In such times political candidates speak plainly to the people will repudiate the acts and reject the fruits and renounce the obliga­ in language they understand of subjects in which they are deeply con­ tions of the crime. Calvin Coolidge, as the Republican candidate for cerned. In such times "of difficulty and danger" partisan "flattery President, received 15,725,016 votes. Of this number at least 15,- and falsehood can no longer deceive and simplicity itself can no longer 725;ooo Republican voters are guilty of no wrong, uncorrupted and be misled." incorruptible, and ready to fight for <'lean government and RepubUcan Both the old parties have bad gt·eat periods-heroic days. 1 will principles. This is the Republican Party in which I am interested, not pause to recall them. They come readily to your memory. What and of which I speak to-night, and against whose fidelity to principles made them great? What is there about those peliods to which not and devotion to country no one will dare to inveigh. All that these only every partisan in his zeal, but every American in his pride, often voters are asking for, or waiting for, are courageous leaders, clean and devotedly recurs? All Republicans, as well as all Democrats, candidates, decent organization , and a platform of principles. Give recall with gratification and enthusiasm the marvelous story of Andrew tl!em these and they will demonstrate that the Republican Party Jackson. All Democrats, as well as all Republicans, recall the ad­ belongs to neither crooks nor cowards-refuse them these thjngs and ministration of Abraham Lincoln, wrestling with the problems of a I leave tbe future to tell its own story. In such an event I do not dissevered nation, finally saving it through his unfailing wisdom and seek to penetrate the veil. reuniting it with his undying love. It is a new doctrine, sirs, that Corruption will undoubtedly be one of the issues of this campaign. moral questions bave no place in party politics and should find no We can not avoid it if we would and we should not avoid it it we expression in party platforms. The e men an.d those of their day could. There are those, of cour e, who will charge that the party as a thought otherwise. It is a strange and mode.·n teaching that consti­ ])arty bas forfeited its right to the confidence of the American people. tutional integrity is not a matter for party concern and pledges to In such an event there will be those who will retort by hunting out the uphold it when assailed are not worthy . of a place in the creed of evidence to show that there are corrupt Democrats. The Queensboro the '?arty. These men and those of thei.r day thought otherwise. seandal in Ne~ York and tbe oil scandal will ~ake their places in cam- 7644 CONGRESSIONAL RECORD-HOUSE l\{AY 2 paign literature. Teapot Dome and . Tammany Hall will be weighed place above them all in the platform and in the program and in the against each other on the hustings, and the voters will be urged to purposes of the party, as first in ilnminence a-nory after the crime. Retention of corrupt funds while dollat·s and cents. But is that all? Is that the only and the highe t talking about clean politics is an insult to the intelligence 61' the voter. element in our national purpose and life? Shall we stop there? Is J.f those in places of leadership shirk their responsibility, they not only that the full aim and end of party? Is this the final goal of our bring discredit to themselves but they betray the millions of men and boasted higher civilization? We know, as. we look back over the last women who over and over again have attested theii· devotion to our Gov­ few years, we know as we trace the slimy wriggling of corruption. ernment and in many a well-fought campaign have evinced their loyalty through the corridors of government, that it is not all, that there to the policie.., and principles of the party. We need not have the least is something more essential, something more vital. And the people uneasiness about support from the people. They will respond to any sin­ know that it is not all. .Along with these things, and not in conflict cere and fearless effort to lift the Republican Party to the level of the with them, but an essential part of them politically, are the great demands of tlle hour. In the last interview of that celebrated Ameri­ moral problems of the people and the constitutional questions where can, Chauncey Depew, who had lived nearly a century through the alone orderly libet·ty dwells. Organization, party strategy, the card most stirring period of the world's history, he said: "Democracy was index, an1l the check book will claim their place. But nothing has ever better 50 years ago. Lincoln went before the people on a big moral been as ~ontrolling with the American people as the simple power of i ·sue that was tremendously interesting to thousands of young men." great principles. There is, there has been, there can be no greater moral issue in Ameri­ You will hear it said in these days that democt·acy as a form of gov­ can politics than clean government, than a pure ballot, than the preser­ ernment ils breaking . down-that upon the complicated que tions of 'Vation against lawlessness, against selfishness and greed, the only real modern industrial life the people can not successfully pass. We need Republic th•tt has ever existed on this earth. Let us imitate our first not debate that question now. But make no mistake, that upon the gre~t leader. great questions which involve national honor and public decency the Mr. President, the three great political parties in party Wstory have people have an interest that is insatiable and an instinct that is sure. been the Liheral Party of England, the party of Gladstone and Asquith, and Lloyd-George; the Democratic Party, the party of Jefferson, Jack­ LINCOLN ELLSWORTH son, and Cleveland, and Wilson ; the Republican Party, the party of ~1r. BURTON. 1\lr. Speaker, I ask unanimou con ·ent to take Lincoln, and Grant, and Seward, and Sumner, and Garfield, and McKin­ from the Speaker·s table and consider the bill (S. 3919) award­ ley, ·and Roosevelt. It will not be regarded as immodest for a partisan ing a gold medal to Lincoln Ellsworth. to claim that the Republican Party does not suffer in comparison with The SPEAKER. The gentleman from Ohio asks unanimous either or bnth. Its story is interwoven with the story of our national consent to take from the Speaker's table the bill S. 3919. The growth ancl advancement of the last half century. Its leaders _have Clerk will report the bill. taken their place among the liberators and lawgivers and administrators The Clerk read the bill, as follows: of all tilne. Its policies and precepts have been built into institutions Be it enacted, etc., That the President of the United States is hereby and written into laws and constitutions. The questions and problems of authorized to present a gold medal to Lincoln Ellsworth, the distin­ this day which now confront the party are no less vital, no less com­ guished Amet•ican explorer, who, by his conspicuous com·age, sagacity, manding, than the questions and problems of former days. The voters, and perseverance made his famous polar flight of 1925, and the trans­ the rank and file of the party, are no less intelligent, no less devoted to polar 1light of 1926. wise measures and good government. The issues are before us, the SEc. 2. That the President of the United States is ht>reby authorized people await their presentation. The times and the occasion persist for to receive, in the name of the Nation, the American flag which the said great causes. And it is my judgment that the future of the Republican Lincoln Ellsworth took over the top from Kings Bay ove1· the North Party is merely a test of leadership. The perils of political parties ordi­ Pole to Point Barrow and Teller, Alaska. narily lie not among the voters and the people but are found in the organizations and among the leaders. The SPEAKER. The Chair will ask the gentleman if he The I<'ederaJist Party, with its galaxy of brilliant leaders, lost touch takes this action by authority of the committee? with the people, disregarded their individual rights and liberties, and Mr. BURTON. There is no objection presented by the chair­ it perished. The Democratic Party, with Jefferson as its leader, took man of the Committee on the Library. its place in the administration of Government. The Whig Party was 1\fr. LUCE. No. wrecked and disappeared utterly, in consequence of a contempt for Mr. LAGUARDIA. Mr. Speaker, reserving the right to ob­ the inflexible integrity of the moral code upon the part of those who ject, this is the same expedition that Mr. Around en was on, in a critical hour dominated its ct;uncils. The Republican Party, is it not? with Abraham Lincoln as its leader, took its place. Opinions alter, l\fr. BURTON. Yes. times change, material is ues come and go, but the moral law and the Mr. LAGUARDIA. This expedition· attracted world-wide at­ great fundamental principles of right and decency do not change­ tention and are we not following a rather narrow attitude if they still have their place in the purposes and plans and hearts and we simply recognize the efforts of one who happens to be one minds of the American people. I would not overlook the great _ques­ of our nationals? tions which make for ou1· material welfare. Our tax laws; our revenue 1\Ir. BURTON. It seems to me not. If there were a resolu­ laws; economy in Government; the rehabilitation of the farm; the tion on behalf of 1\Ir. Amundsen or your own General Nobile, control of our rivers; the staying of the growth of bureaucracy, arbi­ I do not think I should object; but special attention wa given trnry as fascism, demoralizing as communism; the conservation of the to the work of Lincoln Ellsworth. I have here a quotation from Nation's natural wealth; coal; oil; power; all these are of great the book of Commander Byrd commending him especially and moment and of great interest to the American people. But I would I also have a letter of congratulation from the President. 1928 - CONGRESSIONAL RECORD-HOUSE 7645' Mr. LAGUARDIA. There is no doubt about Mr. Ellsworth's performed a tremendous service in exploration, we must conclude that participation in this venture and every one recognizes his merit, those men have accomplished one of the great feats of our age which but I would suggest to the gentleman that he withdraw the wiU shine through future ages as the feats of Columbus, the Cabots,. bill for the present so that we may look into it somewhat. I Magellan, and other great navigators of the past shine through our age. believe there is a difference of opinion on it and we do not want to do a small thing. It is something that is of worldJ PAUL SMITHS, N. Y., July 13, 1926. wide importance. Mr. LINCOLN ELLSWORTH, Mr. CRAMTON. Will the gentleman yield? The Oentury (Jlub, 7 West Forty-third Street, Mr. BURTON. Yes. N e-to Yol'l~ City. Mr. CRAMTON. Has a similar re olution had consideration MY DEAR MR. ELLSWORTH : If I were in Washington it would be a by the House committee or was it considered by the Joint great ·pleasure for me to extend my congratulations to you in person Committee on the Library? upon your participation in the flight of the No-rge over the North Pole. Mr. BURTON. It has not been considered by the House But, as I am not receiving here this summer, I shall have to content committee at an, I must say frankly. myself by expressing in a letter my satisfaction that you, an .American, Mr. CRAMTON. Mr. Speaker, I have a great deal of sym­ should have bad a part in so notable an achievement. pathy with the gentleman's resolution, but this does not impress Vet·y truly yours, me as a wise way for us to legislate, except when there is some CALVIN COOLIDGE. clear emergency hown, which does not appear in this case, to OMNIBUS PENSION BILL bring up legislation that has great appeal but bus not been con- l\Ir. KNUTSON. Mr. Speaker, I desire to present a confer­ idered by any committee of the House. It seems to me if the ence report on (H. R. 10141) an omnibus pen ion bill for print­ gentleman would withdraw his reque t for the present and let ing under the rule. it take its orderly course-- CLAIMS OF THE NORTHWESTERN BANDS OF SHOSHONE INDIANS Mr. BURTON. It is now on tile Speaker's table, and the achievements of Ellsworth are so great, not only on this expedi­ Mr. LEAVITT. l\Ir. Speaker, I ask unanimous consent to take from the Speaker's table S. 710, with Senate amendments, tion over the North Pole but in other things, that it seems to and agree to the conference asked for by the Senate. me he is clearly entitled to recognition. Mr. CRAMTON. But I would say to the gentleman the very The SPEAKER. The gentleman from Montana asks unani­ fact that the appeal of the gentleman's resolution is so great mous consent to ·take from the Speaker's table a bill, which the Clerk will report by title. would mean that he would not have any reason to fear lack of proper consideration in a committee of the House. The Clerk read as follows : Mr. LAGUARDIA. I do not think it is even questioned, but, An act (S. 710) conferring jurisdiction . upon the Court of Claim's as I stated before, this was not a one-man expedition. Each to bear, adjudicate, and render judgment in claims which the North­ one played his important part One conceived the idea of the western Bands of Shoshone Indians may have against the United airship and attended to the navigation, another contributed States. scientific knowledge and experience, and another contributed The SPEAKER. The gentleman asks unanimous consent to his enthusiasm and finances. All were necessary. Now, let us take the bill from the Speaker's table, to insist on the House not do the little thing, and I beg the gentleman to withdraw amendments, and agree to the conference asked for. Is there his request for the present. objection? Mr. BURTON. It is not so customary in a matter of this Mr. GARNER of Texas. Reserving the right to object, has kind to vote medal. to a foreigner. the gentleman consulted the minority members of the com­ Mr. LAGUARDIA. We did that yesterday, did we not? mittee? Mr. BURTON. Sometimes that is done, but we owe recogni­ l\Ir. LEAVITT. Yes. tion first to our own nationals. Mr. GARNER of Texas. And it is satisfactory? Mr. LAGUARDIA. Other countries have recognized our own Mr. LEAVITT. Yes. nationals. l\lr. CRAMTON. Reserving the right to object, I would like Mr. CRA.M'I'ON. Mr. Speaker, these are the very things that a statement as to the effect of the Senate amendments. ThiS a House committee would consider and advise us with respect to is a bill to which I offered some amendments, and it passed the them. House by unanimous consent by reason of those amendments. Mr. BURTON. It seems no one has considered it w01ih I would like to ·know if the House amendments are destroyed while to introduce a resolution with regard to the others, so by the Senate amendments. far as I am informed. I know there was some little friction Mr. LEAVITT. The Senate amendments strikes out the between Mr. Ellsworth and the Italian member of this expedi­ Houf'ie amendments, and we are disagreeing to that action and tion, and I trust no degree of partiality for the Italian member agreeing to a conference. will cause any objection to be made. Mr. CRA.....l\ITON. Is the gentleman prepared to give assur­ Mr. LAGUARDIA. No. ance that the House position will be adhered to? Mr. BURTON. I must say frankly that · the achievement of 1\Ir. LEAVITT. I am not prepared to state that. Mr. Ellsworth was a most notable one. I might read, if I had Mr. CRAMTON. Then for the present I will object. the time, the reference to him in Commander Byrd's book, which ranked hi achievement very high. EMPLOYEES OF THE INDIAN SERVICE l\Ir. CR.Al\1TON. Mr. Speaker, I have made an appeal to the Mr. LEAVITT. Mr. Speaker, I ask unanimous consent to gentleman which I think is based on proper legislative methods, take from the Speaker's table the bill H. R. 11629 and agree and it is an appeal I will make to anyone else that brings in tC) the Senate amendments. any other kind of bill here that bas not been considered by The SPEAKER. The gentleman from Montana asks unani­ a committee of the House, unless a clear emergency is shown. mous consent to take from the Speaker's table and agree to I do not understand there is any emergency or any reason for the Senate amendments, the bill which the Clerk will report by baste in this case. I do not like to object to it because of my title. sympathy with the resolution. The Clerk read as follows : l\!1·. SANDLIN. Mr. Speaker, the gentlemen do not seem to A bill (H. R. 11629) to amend the proviso of the act approved August be able to· agree upon this matter, and I ask for the regular 24, 1912, with reference to educational leave to employees of the Indian order. Seryice. Mr. LAGUARDIA. Mr. Speaker, the gentleman from Ohio The SPEAKER. Is there objection? himself has brought in one feature of the case which I regret There was no objection. exceedingly, and for the present I shall object. The Senate amendments were read and agreed to. The SPEAKER. ObjectiC)n is heard. l\Ir. BURTON. Under unanimous consent, I subjoin a letter ONE" HUNDRED AND FIF'J;'.IETH ANNIVERSARY OF THE CONQUEST OF from President Coolidge and a quotation from Commander THE NORTHWEST TERRITORY Byrd's new book, Skyward, as follows: Mr. LUCE. Mr. Speaker, I ask unanimous consent for the present eonsideration of Senate Joint Resolution 23. Tbe epochal flight of the Norge aCl'OSS the north polar regions did much to wipe out some of the skepticism created by disasters among The SPEAKER. The gentleman from l\Ia sachusetts asks dirigibles. The Amundsen-Ellsworth-Nobile expedition not only accom­ unanimous consent for the present consideration of Joint Reso­ plished one of the greatest nonstop flights on record but also performed lution 23, which-the Clerk will report by title. one of the greatest feats of exploration in all history. It is already The Clerk read as follows : apparent that the flight has had a profound and beneficial effect upon Senate joint resolution (S. J. Res. 23) providing for the p!!rticipa­ aviation in tbe lighter-than-air field, but when we think tbat plus that tion of the United States in the celebration in 1929 and 1930 of tbe demonsh·ation of the great value of aircra.ft, those hardy pioneers have one hundred and fittietb anniversary of the conquest of the Northwest 7646 CONGRESSIONAL RECOR.D-HOUSE }1AY 2 Territory by Gen. George Rogers Clark and his army, and authorizing In Knox v. Lee (12 Wall. 457) the com·t says: au appropriation for the construction of a permanent memorial of the "A decent respect for a coordinate branch of the Federal Government. Revolutionary War in the West, and of the accession of the old demands that the judiciary should presume, until the contrary is Northwest to the United States on the site of Fort Sackville, which clearly shown, that there has been no transgression of power by Con­ was captm·ed by George Rogers Clark and his men February 25, 1779. gress, all the Members of which act under the obligation of an oath The SPEAKER. Is there objection? of fidelity to the Constitution." Mr. BLACK of Texas. Reserving the right to object, what is Chief .Justice Waite declares in the Sinking Fund cases (09 U. s. the amount of the appropriation involved in the passage of this 700): . "The declaration [that an act of Congi·ess is void] should never be resolution? · Mr. L UCE. In answer to the question I will first say that made except in a clear case. Every possible presumption is in favor this r 6quest has been made at the instance of the delegation of the validity of a statute, and this continues until the contrary is from Indiana on both sides of the House. The Senate resolu­ shown beyond a rational doubt." tion would autborize an appropriation of $1,750,000. The In Ogden v. Saunders (12 Wheat. 213) the court says: House committee advi ·ed that that be reduced to $1,000,000. "It is but a decent respect due to the * * * legislative body by Mr. BLACK of Texas. Mr. Speaker, I think bills of this kind which any law is passed, to presume in favor of its validity until 'the should not be taken up by unanimous consent and passed in violation of the Constitution is proved beyond all reasonable d<>ubt." In Fletcher v. Peck (6 Cranch) the court says: that manner. I shall feel compelled to object. Mr. WOOD. Will the gentleman reserve the objection? " It is not on slight implication and vague conjecture that the legis­ lature is to be pronounced to have tran:cended its powers and its acts Mr. BLACK of Texas. I will. Mr. WOOD. There is a very great neces ity for action on to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong convic­ this re~;olution, for the reason that the Legislature of Indiana tion of their incompatibility with each other." has made all provisions for the completion of this work, and if the resolution is not passed at this session it will be absolutely .Justice Miller, in the Trade-Mark cases (100 U. S. 96-97), says: "We adopt this course because when this court is called on in the desh·oyed. Mr. BLACK of Texas. Well, next Monday is the regular day course of the administration of the law to consider whether an act of for unanimous consent and suspension of the rules. Congress or any other department of the Government is within the Mr. ·wooD. I understand next Monday is District day. constitutional authority of that department a due respect for a co­ 1\Ir. GARNER of Texas. The trouble is that this resolution ordinate branch of the Government requires that we shall decide that it has transcended its powers only when that is so plain that we can will not be reached next Monday. If the gentleman will ex­ amine the calendar he will see that it will take two full days not avoid the duty.'' to reach the bottom of the calendar. See also Osborne v. Staley (5 W. Va. 94) and Tate's Executors v. Mr. BLACK of Texas. It could be reached under suspension Bell (26 American Decisions, 222), where the court says : of the ru1e. " It is here proper to remark that it is with reluctance the court will Mr. GARNER of Texas. I doubt the propriety of passing declare a law unconstitutional ; not from any fears of consequences legislation like this under suspension of the ru1e. I would which might arise from conflict of opinion with another coordinate rather it would be considered under unanimous consent. branch of the Government, but because the court might incline the Mr. BLACK of Texas. That means no consideration at all. more to doubt that opinion, where, on the same point, it may seem to Mr. GARNER of Texas. Yes; you could debate it after get­ have been formed upon deliberation by others omciating in a high and ting unanimous consent to consider it if it was thought desirable responsible sphere. Hence this court, in a doubtful case, would permit to debate it. If it is to pass this session, it ought to pass now. a law called in question to have its effect. But when the court is sat­ Mr. BLACK of Texas. For the present I object. isfied, there is an obligation resting upon them that it would be criminal to compromise.'' EFFICIENCY OF THE AIR CORPS In the Origin and Scope of the American Doctrine of Constitutional Mr. JAl\IES. Mr. Speaker, I ask unanimous consent that the Law Professor Thayet· treats this subject most interestingly, in the Committee on Military Affairs be allowed to file a supple­ cour e of which he says : mentary report on the bill H. R. 12814, to increase the efficiency "It [the court] can only disregard the act when those who have the of the Air Corps. The SPEAKER. The gentleman from Michigan asks unani- right to make laws have not merely made a mistake but have made a clear one, so clear that it is not open to rational question." mous consent that the Committee on Military. Affairs be per­ mitted to file a supplementary report on H. R. 12814. Is there Many other authorities could be adduced, but these are sufficient to show that judges considering the constitutionality of a law regard the objection? Jaw as occupying the position of the prisoner in the dock, who has the There was no objection. right to claim his innocence unless the evidence shows him guilty SPEECH OF RON. HENRY ST. GEORGE TUCKER., OF VIRGINIA beyond all reasonable doubt. Mr. FORT. Mr. Speaker, under the leave granted to extend The reason why a judge can not declat·e the law of Congress uncon­ remarks in the RECORD on the McNary-Haugen bill, I under­ stitutional unless he be satisfied beyond a reasonable doubt that it is stand that no remarks may be extended except those of a unconstitutional rests upon strong grounds. First, the law bas been Member himself. I ask unanimous consent to extend my re­ passed by a coordinate branch of the Government, which is entitled to marks by adding thereto the speech made by the Hon. HENRY great respect at the hands of the court, and it will naturally hesitate to ST. GEORGE TuoKER, a Member of this House from Virginia. undo its work. Secondly, that reason is strongly enforced because the in 1922. Members of Congress are required, upon taking their seats, to take an The SPEAKER. 'The gentleman from New Jersey asks oath to support the Constitution of the nited States. That oath unanimous consent to print in the extension of his remarks a carries with it the presumption that no bill will be voted for that the speech delivered by the gentleman from Virginia [1\Ir. TucKER], Member of Congress believes to be unconstitutional ; so that the law in 1922. Is there objection? comes to the court with the imprimatur of approval of 435 l\Iembers of There was no objection. the House and 96 Senators; and the weight of their approval, with the :Mr. FORT. :Mr. Speaker, under the leave to extend my re­ presumption of their examination of the bill, and of their concJusion marks in the RECORD, I include the following speech delivered as to its validity, must be, and ought to be, both compelling and per­ in this House Augu t 17, 1922, by Hon. HENRY ST. GEORGE suasive. If a Member of the House or Senate can pass legislation up TUCKER, of Virginia : to the courts free from any responsibility for its validity themselves, THE SUPREME COURT AND THE CONSTITUTIONALITY OF LA. WS what does the requirement of the oath which he takes mean? Is it Mr. TUCKER. Mr. Speaker, the casual remark of a Member of this merely a matter of form ot· is it a reality? The fact that we live under Hom:e to a . friend the other day in my bearing is my apology for it carries with it the implication of obedieQce to the Constitution; and trespassing briefly upon the time of the House. The remark which I when a Member of Congress attempts to relieve himself of pas ing upon the constitutionality of a bill because the courts may have that duty heard in passing was this : " I doubt whether this bill is constitutional, but we can pass it up to to discharge, bas he not failed to discharge the duty imposed upon him by his oath to support the Constitution-that is, to uphold it; not to the courts, and they can decide that question." I may add that this was not the first time I had heard such a pull it down, and not to do any act that will impair its integctty? sentiment expressed, nor was it the last time. It is a question of Our oath is to support the Constitution. great importa nce antl one about which there seems to be some confusion Under the law of the land every man is required to support his wife of thought and of duty. and his family. If he doubts whether certain action on his part will I think it can be safely stated that the courts will not declare a law contribute to the support of his wife and family, he must reject it; unconstitutional unless in their judgment it is plainly unconstitutional and any failure to contribute to their comfort, consistent with his con­ beyond a reasonable doubt. A great many decisions of the courts, Fed­ dition in life, is a failure to support; and no man can justify his eral and State, could be quoted in support of this position. I will give action in his relation to his family, about which he. is uncertain, and only a few: the propriety of which he doubts. 1928 CONGRESS! ON AL RECORD-HOUSE .7647 And so a Member of Congress, in voting on a bill, must consider trained from exercising their judgment, or that in cases of doubt they with care whether it be constitutional or not, and if he doubts its allowed themselves to lean in favor of the action they desired to accom­ constitutionality it is held that he is not living up to the letter and plish, the foundation for the cases we have cited would be altogether spirit of his oath if he votes for it. So that if a Member of Congress taken away." doubts the constitutionality of a bill it is held that he should not vote The position of the legislator and the court, therefore, on this subject for it, while the judge must declare it constitutional when it comes is this: The legislator can not, in accordance with his oath, vote for before him, unless beyond a reasonable doubt he believes it unconstitu­ any bill if he doubts its constitutionality. The judge who is sitting in tional. That a Member of Congress, in obedience to his oath, is ex­ judgment on that same law, if he doubts its constitutionality, as did pected to consider seriously and carefully the constitutionality of a bill the legislator, must, unless in his judgment U is plainly and beyond a before he votes for it is recognized by all of the authorities. reasonable doubt unconstitutional, declare it constitutional. He must Willoughby on the Constitution, page 1220, declares: have a clear vision of its repugnancy to the Constitution. The judge, "From necessity the Constitution must have intended that the legis­ before he can declare it unconstitutional, must have no rational doubt lative and executive departments should have the power, in the first of its validity, while the legislator can not vote for it if he has any instance at least, of determining the extent of the powers constitu­ doubt as to its constitutionality. The reasons for these positions seems tionally granted to them, and that, therefore, the judiciary should not clear. Bound by his oath to support the Constitution, the Member of substitute its judgment for theirs except in cases where there is no Congress must not enact a law whose constitutionality he. doubts, for doubt that the action which has been taken is not constitutionally war­ to doubt its validity and then enact it does not square with his oath to ranted." support the Constitution. The position of the judge, however, is very Judge Cooley in his Constitutional Law, pages 153-154, says: different. He appFoaches the .consideration of the validity of the law "Legislators have their authority measured by the Constitution; they passed by a coordinate department of the Government with eve.ry pre­ are chosen to do what it permits and nothing more, and they take sumption of its validity, not only because it has been passed by a coor­ solemn oath to obey and support it. When they disregard its provi­ dinate branch of the Government, but because every member of that sions they usurp authority, abuse their trust, and violate the promises coordinate branch, the court has a right to believe, by voting for it, has they have confirmed by an oath. To pass an act when they are in examined it to determine whether it ·was vaUd, and having found it doubt whether it does not violate the Constitution is to treat as of no constitutional enacts it into Jaw. So that the law comes to the court force the most imperative obligations any person can assume. • • • wUh the sanction of every Member of both Houses of Congress, fortified A witness in court who would treat his oath thus lightly and affirm and strengthened by the fact which the court takes cognizance of, that things of which he was in doubt would be held a criminal. Indeed, it every legislator in House and Senate has examined the bill and has is because the legislature has applied the judgment of its members to voted for it because he had no doubt of its validity and constitution­ the question of its authority to pass the proposed law, and has only ality. The legislator might be unable to vote for a bill because of his pas d it after being satisfied of the authority, that the judiciary waive doubts as to its constitutionality, and though he voted against it as a their own doubts and give it their support." Member of Congress, if, after the passage of such a bill, he be trans­ Tucker on the Constitution, page 379, declares: ferred to the bench and has to pass upon the validity of that law, "He {the legislator] is bound to support the Constitution, to uphold though he could not vote for the bill when in Congress because he it as one of the pillars to an edifice. He is under the Constitution, not doubted its constitutionality, he can not, as a judge, declare it uncon­ above it. He can not support it by doing an act repugnant to it." stitutional unless be.yond all reasonable doubt he believes it to · be so. " His public office is a public trust. It he doubts his power to do Tucker sums up the argument as follows (Tucker on the Constitu­ under the authority of the Constitution, he is bound to resolve the tion, p. 380) : the doubt against the act, not in favor of it." "In the case of the lawmaker the question to be asked is: 'Have I Bon. James M. Beck, Solicitor General of the .United States, in a a right under the Constitution to pass the act?' The onus ts for him recent brief before the Supreme Court on this subject, uses the follow­ to show his ·authority. In the case of the judge the question is: 'Is ing language : the law clearly unconstitutional? In annulling the law in support of "It is the common belief that groups of men can agitate for any the Constitution will I transcend my judicial functions and usurp the -kind of a law without considering its constitutional aspects; for, it it be legislative; or is the repugnancy so strong that I wlll only act judicially unconstitutional in substance or in motive, the Supreme Court will in annulling the effect of the law and not transcend the bonndary of -avert the evil of its enactment. This indifference to our form of gov­ my power?' The burden shifts in the two cases. The legislator must ernment, which is now so widely prevalent, has its reflex action upon . show that he has the right; the judge must show the legislator was the representatives of the people both in the legislatures of the States clearly wrong. and of the Nation. When laws are discussed which go to the verge of "Hence the lawmaker may not justify a vote for a measure which constitutional powe.r the principal and sometimes the only discussion is as judge he could not declare void ; but, if the judiciary declares such that of policy, while the et1'ect of such legislation upon our constitu­ an act unconstitutional, it should forbid the lawmaker to pass similar tional form of government is given little attention. The prevalent dis­ legislation. On th<' other hand, though the judiciary can not declare position seems to be to ignore constitutional questions by shifting them a law unconstitutional because not clearly repugnant, it does not justify to the Supreme Court, in the belief that that court will exercise the full the lawmaker in voting for it." powers of revision, which I have tried to show the framers of the Con­ If these principles are correct, how can we consent to abdicate our stitution did not intend this court to have. The result may be an exal­ functions in this body? And if so, will the courts continue to be tation of this court, as a tribunal of extraordinary power; but, in the bound by the rule that is predicated on the discharge of our duty in matter of constitutionalism, it inevitably leadG to an impairment of the this body which we now abandon? If that dnty be abandoned, will the powers and duties of Congress and, a-bove all, to the impairment of the courts continue to recognize it as existing? Will the courts recognize popular conscience; for, in the Ia t analysis, the Constitution will last as an existing fact what Members of Congress openly repudiate? Judge in substance as long as the people believe in it and are willing to Cooley, in the language above quoted, indicates clearly that the courts . struggle for it." will not be bound if the Members of Congress fail to live up to their Judge Cooley, in his Constitutional Limitations, page 254, seventh obligations; and Chief Justice Taft shows the same tendency in his edition, puts more powerfully than any other author the duties of the recent opinion in the case of Bailey against the Drexel Furniture Co. _legislator and the courts, and the reasons therefor: (child-labor-case), when he says: '' The constitutionality of a law, then, is to be presumed, because the "In the light of these features of the act, a court must be blind legislature, which was first required to pass upon the question, acting, not to see that the so-called tax is imposed to stop the employment of as they must be deemed to have acted, with integrity and with a just children within the age limits prescribed. Its prohibitory and regula­ desire to keep within the restrictions laid by the Constitution upon tory effect and purpose are palpable-. All others can see and under­ their action, have adjudged that it is so. They are a coordinate stand this. How can we properly shut our minds to it?" department of the Government with the judiciary, invested with ·very Why should the courts be bound by a rule which is openly and high and responsible duties, as to some of which their acts are not sub­ notoriously violated? Will they not, as indicated in the above case of ject to judicial scrutiny, and they legislate under the solemnity of an Bailey against the Drexel Furniture Co., take judicial notice of such an official oath, which it is to be supposed they will not disregard. It open and notorious fact? To refuse to live up to our obligation and must therefore be supposed that their own doubts of the constitu­ yet expect the courts to consider it as still existing is a fraud cpon the tionality of their action have been deliberately solved in its favor, so courts and Congress would never knowingly be a party to such an act. that the courtS may with some confidence repose upon their conclusion I invoke the c~neful consideration by the House of this principle that as one based upon their be.st judgment. For although it is plain upon our Government may continue to meet the demands of the people in the the authorities that the courts should sustain legislative action when orderly and constitutional performance of our duties and in the con­ not clearly satisfied of its invalidity, it is equally plain in reason that tinued progress of this great people under the protecting care of our the legislature should abstain from adopting such action it not fully Constitution faithfully and obediently followed, which is our best, our assured of their authority to do so. Respect for the instrument under only hope of progressive development. which they exercise their power should impel the legislature in every CALENDAR WEDN~DAY BUSINESS - case to solve their doubts in its ·favor, and it is only because. we are to presume they do so that courts are warranted in giving weight- in any l\Ir. TILSON. Mr. Speaker, I ask unanimous consent that case to their decision. If it was understood that the legislators re- ICalendar Wednesday business, in order to-day, be dispensed 7648 CONGRESSIONAL RECORD-HOUSE with, and that in lieu of to-day the Committee on the Merchant Mr. HAUGEN. Mr. Speaker, I shall put forth every effort Marine and Fisheries may liave, as Calendar Wednesday, the possible to pass the pending bill to-morrow, in order to accom­ first regular session day following the completion of the ship­ modate a number of people who desire to leave town. ping bill, which is to be presented immediately· following the McNary-Haugen bill. AGRICULTURAL SURPLUS CONTROL BILL The SPEAKER. The gentleman from Connecticut asks unani­ Mr. Speaker, I move that the House resolve itself into Com­ mous consent that Calendar Wednesday business in order to-day mittee of the Whole Hou e on the state of the Union for the be dispensed with, and that in lieu of to-day the Committee on further consideration of the bill S. 3555. the Merchant Marine and Fisheries may have, as Calendar Wed­ The motion was agreed to. nesday, the first regular session day following the completion The SPEAKER. The gentleman from Michigan · will please of the shipping bill, which is to be presented immediately after take the chair. the vote on the McNary-Haugen bill. Is there objection? Accordingly the House resolved itself into Committee of the Mr. QUIN. l\Ir. Speaker, reserving the right to object, then Whole House on the state of the Union for the further consid­ that gives the Committee on Military Affairs next Wednesday? eration of the bill S. 3555, with 1\!r. MAPES in the chair. Mr. TILSON. It would mean that the Committee on the Mer­ The CHAIRMAN. The House is in Committee of the Whole chant Marine ancl Fisheries would have as Calendar Wednesday House on the state of the Union for the further consideration the first day that was not su pension day or Calendar Wednes­ of the bill S. 3555, which the Clerk ~ill1·eport by title. day. I mean the first regular session day following the comple­ The Clerk read as follows: tion of the bill which the Committee on the l\Ierchant l\farine A bill (S. 3555) to establish a Federal farm board to aid in the and Fisheries will bring before the House under a special ru1e. · order·Iy marketing and in the control and disposition of the surplus of Mr. GARNER of Texas. l\Ir. Speaker, that means the next agricultural commodities in interstate and foreign commerce. Wednesday the Committee on Military Affairs will be called? The CHAIRMAN. The general debate having been con­ Mr. TILSON. That committee will be on call one week from cluded, the Clerk will read the bill for amendment. to-day. Pursuant to the special rule, the Clerk proceeded to read the Mr. WHITE of Maine. And does that mean that if ·the committee substitute, as follows: shipping bill is concluded seasonably the Merchant Marine and Fisheries Committee might have Tuesday for its Calendar DECLARATION OF POLICY Wednesday, or, if the shipping bill is not concluded by that. SECTION 1. In order to stabilize the current of interstate and foreign time, that we would have Thursday? commerce in the marketing of agriculture commodities and prevent sup· Mr. TILSON. Yes; it might be Thursday. It will be the pres~ion of commerce with foreign nations in such commodities and un· next regular session day following the completion of the ship­ just discrimination against such foreign commerce, it is hereby declared ping bill. to be the policy of the Congress to promote the orderly marketing of Mr. ALMON. And this in no way will interfe~ with next agricultural commodities in interstate and foreign commerce, and to that Wednesday being Calendar Wednesday? end, through the execution o.f tbe provisions of this act, to provide fo1· 1\Ir. TILSON. Not at all. the control and disposition of sm·pluses of such commGdities, to preserve Mr. ALMON. And the Committee on Military Affairs will advantageous domestic markets for such commodities, to prevent such have the call on that day? surpluses from unduly depressing the prices obtained for such commodi· Mr. TILSON. Yes. ties and from causing undue and excessive fluctuations in the markets The SPEAKER. Is there objection to the request of the for such commodities, to minimize speculation and waste in marketing gentleman from Connecticut? such commodities, and to further the organization of producers of such Mr. BANKHEAD. Mr. Speaker. reserving the right to ob­ commodities into cooperative associations. ject, and I shall not object, I ask the privilege of making just Mr. ASWELL, 1\ir. KETCHAM, and 1\lr. LAGUARDIA rose. a brief statement. As the House is well informed there is a The CHAIRMAN. The Chair will ask the gentleman from matter of great importance, not only to the agricultural sect!on Louisiana [l\lr. Aswri..L] for what purpose does he rise? of my State, but to the entire agricultural sections of the l\Ir. ASWELL. To move to strike out all after the enacting country that the Committee on Military Affairs has in mind to clause and insert a substitute for the section just· read, and to call up under its call on Calendar Wednesday, namely, the give notice that if my motion prevails I shall move to strike out Muscle ~ Shoals bill. As a Member of the Committee on Rules, I the entire bill. • have been endeavoring to secure a rule for the consideration l\Ir. DOWELL. l\Ir. Chairman, I desire to make a point of of that bill. On account of its tremendous importance I think order, and I also desire to suggest that the committee has re­ that bill should be considered under a rule to be brought in, ported the striking out of section 1, and the committee amend­ and I shall continue to ask my associates on that committee ment should be considered before any other amendment~ are to give us a rule for the consideration of that bill. The Com­ presented. mittee on Military Affairs, by almost unanimous vote, has re­ The CHAIRl\IAN. The Chair will state to the gentleman quested the Committee on Rules to grant a rule to consider from Iowa that he has 1·ecognized the gentleman from Lou­ that bill on its merits, with a reasonable amount of debate, isiana. so as not to be compelled to take the chance of failing to com­ l\Ir. KETCHAM. l\Ir. Chairman, I object. plete the consideration of a bill of that importance on two l\Ir. DOWELL. I reserve my point of order. Calendar Wednesdays. In reserving · the right to object I The CHAIRMAN. The Chair understands that the gentle­ mPrely wish to give notice that those who are interested in a man from Michigan objects and the gentleman from Iowa fair consideration of that bill, notwithstanding the agreement reserves a point of order. that is made here, will earnestly and seriously ask the Com­ Mr. ASWELL. Mr. Chairman, has the Chair recognized me? mittee on Rules to give us a rule for the consideration of that The CHAIRMAN. The Chair is somewhat embarrassed on bill. the question of recognition. The SPEAKER. Is there objection to the request of the Mr. KETCHAM. l\Ir. Chairman, without losing my own gentleman from Connecticut? right, I yield to the gentleman from Louisiana [Mr. ASWELL]. There was no objection. The CHAIRMAN. That simplifies the matter. TRANSATLANTIC FLYERS Mr. ASWELL. I move to strike out the section just read Mr. TILSON. Mr. Speaker, while I have the floor I take and insert the substitute which I offer, and if my motion pre­ this opportunity to announce to the House that it is expected vails I shall move to strike out the entire bill. that the distinguished trans-Atlantic flyers who are now visit­ The CHAIRM.AN. The gentleman from Louisiana offers an ing our city will be at the Capitol this afternoon and will amendment, which the Clerk will report. probably visit the House sometime between 3.30 o'clock and 4 The Clerk read as follows: o'clock. It is hoped that there will be a full attendance of the Strike out section 1 and insert in lieu thereof the following-­ House at that time. Mr. DOWELL. Mr. Chairman, a parliamentary mquiry. ORDER OF BUSINESS ·The CHAIRMAN. The reading of the amendment can not be Mr. GARNER of Texas. Mr. Speaker, will the gentleman interrupted by a parliamentary inquiry. from Connecticut please state when he expects to reach a vote Mr. FORT. 1\ir. Chairman, I ·rise to make a parliamentary on the pending bill? A great many Members are wiring in here inquiry, if the Chair please. wanting to know, and I wish to get any information that can The CHAIRMAN. The gentleman from Louisiana has offered be bad on the subject. · ' an amendment, which the Clerk has not yet reported. The Mi. TILSON. The gentleman comes to the wrong source for reading of the amendment can not be interrupted by the making . information on this particular subject. of a parliamentary inquiry• 1928 CONGRESSIONAL RECORD- HOUSE 7649 Mr. DOWELL. I am not making a parliamentary inquiry. The CHAIRMAN. The Chair will ask the gentleman from I make a po-int of order that the amendment can not be offered Iowa if be has in mind that the Clerk is reading the committee at thi:; time. I make a point of order that it is not in order at amendment? · this ti.me to offer an amendment. Mr. DOWELL. No; the Clerk is reading the original bill, Mr. ASWELL. The gentleman does not know what the as I understand it. amendment is.- The CHAIRMAN. The gentleman's understanding is incor­ Tbe CHAIRMAN. The Chair will hear the gentleman from rect. The Clerk is reading the committee amendment. Iowa. l\Ir. DOWELL. Then it is one amendment and can not be Mr. DOWELL. The Committee on Agriculture has reported amended except as a whole. an amendment striking out the section of the Senate bill which The CHAIRMAN. The Chair is ready to rule. the gentleman from Louisiana desires now to amend. The l\Ir. DOWELL. If the amendment of the committee is now committee amendment of the Committee on Agriculture is first being read and considered, then that is one amendment, be­ to be considered, and the striking out of this amendment and cause it carries all of it; and it can not be amended until it has the presentation of any other amendment is not in order. been read in its entirety, and then any amendment that is That is the rule that bas been followed at all times by every germane may be in order. Chairman on amendments that have been offered to strike out a Mr. ASWELL. Will the gentleman yield? section reported by a committee, and it occurs to me that -at l\Ir. DOWELL. Yes . . this ti1ne the committee bas recommended the striking out of l\lr. ASWELL. I am offering an amendment to the whole the section, and therefore that amendment must first be consid­ committee amendment ; I am propo-sing to amend the whole ered before any further amendment can be offered to that amendment and, therefore, the gentleman's own argument section. The gentleman's amendment is not in order until the indicates it is in order. committee amendment bas been disposed of. Mr. DOWELL. I object to its being presented at this tiine. Mr. KETCHAM. Mr. Chairman, may I call the attention of The CHAIRMAN. The Chair is ready to rule. It seems to the Chair to the rule under which we are considering the bill the Chair that the language of the rule, which says that the to see if the contention of the gentleman is not answered? It substitute, for the purpose of amendment, shall be considered provides that- under the five-minute rule as an original bill, very largely The bill shall be read for amendment under the five-minute rule. It answers the argument of the gentleman from Iowa [1\Ir. shall · be in order to consider without the intet·vention of the point of DowELL].' It clearly indicates that the amendment is not to order as provided in clause 7 of Rule XVI the substitute committee be read in toto but by sections, and· that at the completion of amendment recommended by the· Committee on Agriculture now in the the reading of any one section amendments may be offered to bill, and such substitute for the purpose of amendment shall be that section, and taki-ng into consideration the next sentence considered under the five-minute rule as an original bill. of the rule the intent of the rule is still more manifest. The rule prov-ides that the committee substitute shall be considered Mr. DOWELL. Certainly. That is the rule at all times. It and voted upon by the House when the committee rises. The is the general rule. only way the House could be assured of having that right is Mr. KETCHAM. If we are considering this bill as an orig­ to consider the substitute as· a whole and have it reported to inal bill, the motion of the gentleman from Louisiana -would the House as a substitute in place of the original bill. If this be in order at this time. I therefore make the point of order committee bad the right to vote on the question of substituting of the gentleman fro~ Iowa [Mr. DowELL] that the point of the Agricultural Committee substitute for the bill the House order is not in order. might never have a chance to vote on the committee substitute.­ Mr. DOWELL. The committee having recommended the The Chair thinks that the intent of the rule is clear and over­ striking out of this section, how will you strike out the com­ rules the point of order. mittee amendment if you do not consider it before other amend­ l\Ir. KINCHELOE. Mr. Chairman, I want to reserve a point ments are presented? If the committee considers this section, then the gentleman from Louisiana might be in order to strike of order against the amendment as to its germaneness, although ont the section. The committee has recommended that this sec­ I do not know what it is. tion be stricken out. When that substitute comes before the The CHAIRMAN. The Clerk will report the amendment House the gentleman's amendment, if then in order otherwise, offered by the gentleman from Louisiana. would under the circumstances be proper to consider. But it The Clerk read as follows: seems to me that the rule universally followed is that the com­ Amendment offered by Mr. AswELL : Strike out section 1 and insert : mittee amendment must first b-e considered by the Committee DECLARATION OF POLICY of the Whole before other amendments are presented or debat­ SECTION 1. In order to stabilize the current of interstate and foreign able. commerce in the marketing of agriculture commodities and prevent l\Ir. CRISP. Suppose the gentleman's contention should be suppression of commerce with foreign nations.. in such commodities and accepted by the Chair, which I do not at present concede is the unjust discrimination against such foreign commerce, it is hereby right way, because under the rule by which we are considering declared to be the policy of the Congress to promote the orderly this bill the Committee on Agriculture amendment to the Senate marketing of agricultural commodities in interstate and foreign com­ bill is considered as the original text or bill ; but admitting the merce, and to that end, through the execution of the provisions of proposition of the gentleman is correct, suppose the Committee this act, to provide for the control and disposition of surpluses of such of the Whole considered the Haugen bill by sections and ap­ commodities, to preserve advantageous domestic markets for such com­ proved it. modities, to prevent such surpluses from unduly depressing the prices If anybody then offered to strike out and substitute a different obtained for such commodities and ft·om causing undue anrt excessive text, would they not be confronted with the proposition that fluctuations in the markets for such commodities, to minimize specula­ the committee had adopted the committee substitute (the tion and waste in marketing such commodities, and to further the Haugen bill) and, therefore, it would not be in order to offer organization of producers of such commodities into cooperative associa­ an amendment changing that which the committee had already tions. agreed to? -l\Ir. DOWELL. Of course, after the amendment had been l\lr. LAGUARDIA. 1\Ir. Chairman-- agreed to that would be true, but while the amendment is before The CHAIRMAN. For what purpose does the gentleman the committee it must be agreed to or voted down by the com­ from New York rise? mittee, and if the committee does vote it down, then any other 1\Ir. LAGUARDIA. I understood that the gentleman from amendment would be in order. Louisiana was offerin·g one section as a substitute for section 1. Mr. CRISP. Is not this also true, that under the rules of The CHAIRMAN. He is offering a ·substitute bill to the the House there can be four amendments-an amendment to the section. text, an amendment to that, a further amendment in the nature Mr. ASWELL. l\Ir. Chairman, I would like to make a of a substitute to which one amendment can be offered-and is unanimous-consent request. it not the universal practice in the House that when you are The CHAIRMAN. The Clerk has not yet completed the considering a bill and you determine to substitute a new text, reporting of the gentleman's amendment. the procedure is to move to strike out the first section of the Mr. ASWELL. The Clerk bas read the first section, and I bill and offer a substitute, and if the substitute prevails you can want to make the request that the amendment be considered then move to strike out the succeeding sections of the original as read and may be printed in the RECORD at this point. text you are considering? Mr. CANNON. Mr. Chairman, reserving the right to 1\Ir. DOWELL. But the gentleman must recognize the fact object-- that the committee amendment is now before the committee Mr. CHINDBLOl\:1. The amendment is, being offered now, is and it is here for its consideration, and that may be amended. ti not? · LXIX---482 7650 CONGRESSIONAL RECORD-HOUSE MAY 2 Mr. HAUGEN. It seems to me the amendment ought to be Mr. HARRISON. May I ask the gentleman how he pro­ read. poses to finance the plan outlined in his bill? Mr. ASWELL. Mr. Chairman, I ask unanimous consent to Mr. ASWELL. There is a $400,000,000 revolving fund. proceed for one minute. Mr. HARRISON. And does that have to be contributed The CHAIRMAN. The gentleman from Louisiana asks unan­ yearly by the Government? imous consent to proceed for one minute pending the reading Mr. ASWELL. That depends on how long it lasts. of the amendment. Is there objection? The CHAIRMAN. Is there objection to the request of the There was no objection. gentleman from Louisiana that his amendment be considered Mr. ASWELL. Mr. Chairman, the language I have offered as read and printed in the RECORD? as a substitute is the exact language of the bill before the Mr. ADKINS. Mr. Chairman, a parliamentary inquiry. committee with the exception that sections presenting the The CHAIRMAN. The gentleman will state it. equalization fee are omitted, and all reference to the equaliza­ Mr. ADKINS. As I understand it, we are getting ready to tion fee is omitted ~ otherwise, my substitute is the exact lan­ vote on an amendment offered by the gentleman from Louisi­ guage of the Haugen bill. In other words, the exact language ana [Mr. AswELL], which in substance is the Haugen bill with you have heard read as a substitute is the language of the bill the equalization fee stricken out, is it not? before the committee and will be the same identical language Mr. ASWELL. That is it. in every line until you pass through the ninth section. After Mr. ADKINS. Suppose the House adopts the gentleman's the ninth section, I strike out the two sections involving the amendment, then we are through. We can not amend the equalization fee and then following those two sections I have amendment any further, can we? stricken out references to the equalization fee. I have not Mr. ASWELL. Oh, yes. changed a single word except this reference to the equalization Mr. ADKINS. I understand we mli.y do that while it is a fee, and therefore I have asked :unanimous consent that my pending amendment to the committee amendment, but I do substitute may be printed in the RECORD and considered as read, not see how you are ever going to amend the gentleman's and that we vote on the substitute section by section. amendment after you have adopted it, and, therefore, if we Mr. COOPER of Wisconsin. Will the gentleman yield? adopt this amendment "the show is over." Mr. ASWELL. Yes. i\Ir. JONES. Reserving the right to object, I would like to Mr. COOPER of Wisconsin. Does that leave out sections 9, know if the offering of this substitute will interfere with the 10, and 11? offering of another substitute until this is disposed of? i,. Mr. ASWELL. It does not. It retains section 9. The CHAIRMAN. Only one substitute can be pending at the Mr. CANNON. Mr. Speaker, I reserve the right to object, same time. to ask the gentleman from Louisiana a question. As I under­ Mr. JONES. And another substitute will be in order after stand it, there is nothing in the substitute which the gentleman the actual disposition of this? offers that is not in the original bill? The CHAIRMAN. It is important that everyone should un­ Mr. ASWELL. Not a line. derstand the procedure. · As the Chair understands it, this sub­ Mr. CANNON. It is merely a question of striking out? stitute offered by the gentleman from Louisiana is subject to Mr. ASWELL. Yes. amendment. Only one amendment can be pending at the same Mr. JOHNSON of Texas. Reserving the right to object, Mr. time, but as many amendments can be offered and disP"osed of Chairman-- as l\fembers care to offer. After the amendment stage is passed Mr. CANNON. Mr. Chairman, I desire to reserve a point of and the substitute is once adopted it can not be further order. amended. Mr. ASWELL. I was merely trying to save time. If the 1\Ir. RAMSEYER. After the amendment is adopted the com­ ·Members want it read, go ahead. [Cries of "No! . No!"] mittee is to proceed with the rest of the bill and strike out Mr. CANNON. I have no objection to the gentleman's re­ sections. quest, but desired simply to reserve a point of order. The CHAIRMAN. Yes; but the language which has been The CHAIRMAN. The Chair is not sure he understood the inserted could not be modified. reference of the gentleman from Louisiana in his unanimous­ Mr. RAMSEYER. Each section would be read for such dis­ consent request that the amendment be read section .bY section, position as the committee sees fit to make. and in order that there may be no misunderstanding the Chair 1\Ir. DOWELL. Mr. Chairman, the first section is pending desires to state that he did not put that part of the gentleman's and the committee ·has recommended a certain amendment. request. This is the second amendment. Mr. ASWELL. Very well. The CHAIRMAN. The Ohair will say that for the pm·pose of . Mr. FORT. Mr. Chairman, reserving -the right to object, I procedure in Committee of the Whole the Senate bill may well would like to be informed as to the rights of Members who de­ be dismissed from consideration. We are considering the Agri­ sire to offer amendments to the substitute. If the amendment cultural Committee substitute to the original bill. The Ohair is not to be read, may all of the amendments to any section of will be glad to put the request for unanimous consent made by the substitute be offered simultaneously at the conclusion of the gentleman from Louisiana. the reading or upon the granting of the unanimous-consent Mr. HOCH. Reserving the right to object, there is one l'equest? point that I am not clear about. The gentleman from Louisi­ The CHAIRMAN. One amendment may be offered to the ana has offered this as one amendment. I understood him to substitute and disposed of, and that procedure may be followed say that he desired it to 'be voted on section by section. If indefinitely; but only one such amendment can be pending at this is one section and an amendment to it is in order-if it is' to the same time. be considered as one amendment it will be in order for any one Mr. LAGUARDIA. :Mr. Chairman, for the sake of the to offer an amendment to any part of it. RECORD I desire to make the point of order that the substitute The CHAIRMAN. There is no doubt about that. offered by the gentleman from Louisiana is not a bona fide Mr. JONES. If we should let this go over until to-monow substitute. and let the bill be read, then if the substitute offered by the The CHAIRMAN. Will the gentleman from New York let us ooentleman from Louisiana is voted down it will be too late to first dispose of the request that the amendment be considered ~ffer another substitute, the rest of it having been read. \Ve as read? have to offer the substitute after the reading of the first para­ l\!1·. LAGUARDIA. Then I reserve that point of order. graph of the bill. Mr. KINCHELOE. Mr. Chairman, I reserve the right to ob­ The CHAIRl\IAN. If the amendment of the gentleman from ject in order to get some information. Do I understand from Louisiana is voted down any other substitute would be in order. the gentleman from Louisiana that the amendment is identical Mr. JONES. The first paragraph will liave been passed at with the McNary-Haugen bill as reported to the House with that time. the exception of sections 11 and 12? The CHAIRMAN. No. This amendment simply will have Mr. ASWELL. And except references to the equalization fee been voted down, and then another amendment will be in order. in the sections that follow those that are to be stricken out. Is there objection to the request of the gentleman from Louisi­ Mr. KINCHELOE. Then it is the McNary-Haugen bill, ex- ana that the amendment be considered as read and printed in cept it eliminates the equalization fee. the RECORD? Mr. ASWELL. Yes. There was no objection. Mr. FORT. And the nonpremium-insurance feature. DECLARATION OF POLICY Mr. ASWELL. Yes; that is based upon the equalization fee. SEcTION 1. In order to stabilize tbe current of interstate and foreign Mr. KINCHELOE. I wanted to ask the gentleman about commerce in the marketing of agriculture commodities and prevent sup­ that. I reserved a point of order. The gentleman from New pression of commerce with foreign nations in such commodities and York can make it if he desires. unjust discrimination against such fm·eign commerce, it· is hereby de- 1928 .CONGRESSIONAL RECORD- HOUSE 7651 - clat·ed to be the policy of the Congress to promote the orderly marketing organizations representative of the producers of the commodity. Mem­ of agricultural commo make loans, out of the ing members to execute the functions of the board, and a majority of revolving fund hereinafter created, to any cooperative association or the appointed members in office shall constitute a quorum for the corporation created and controlled by one or more cooperative associa­ tL"am•action of the business of the board. tions, upon such terms and conditions as, in the judgment of the board, (f) Each of the appointed members of the board shall be a citizen of will afford adequate assurance of repayment and carry out the policy the United States, shall not actively engage in any other business, voca­ declared in section 1, and upon such other terms and conditions as the tion, or employment than that of serving as a member of the board, and board deems necessary. Such loans shall be for one of the following shall receive a salary of $10,000 a yea1·, together with necessary travel­ purposes: ing expenses and expenses incurred for subsistence or per diem allowance (1) For the purpose of assisting the cooperative association or cor­ in lieu thereof, within the limitations prescribed by. law, while away poration created and controlled by one or more cooperative associations from the principal office of the board on business required by this act, in controlling a seasonal or year's total surplus, produced in the United or if assigned to any other office established by the board, then while States and either local or national in extent, that is in excess of the a way from such office on business required by this act. requirements for the orderly marketing of any agricultural commodity or in excess of the domestic requirements fot• such commodity. GENF.RAL POWERS (2) For the purpose of developing continuity of cooperative services SEC. 3. The board- from the point of production to and including the point of terminal (a) Shall annually designate an appointed member to act as chairman marketing services, if the proceeds of the loan are to be used either of the board. (A) for working capital for the cooperative association or corporation (b) Shall maintain its principal office in the District of Columbia, created and controlled by one or more cooper·ative associations, or (B) and such other offices in the United States as it deems necessary. for assisting the cooperative association or corporation created and (c) Shall have an official seal which shall be judicially noticed. controlled by one or more cooperative associations in the acquisition, by (d) Shall make an annunl report to Congress. purchase, const1·uction, or otherwise, of facilities and equipment, in­ (e) May make such regulations as at·e necessary to execute the cluding terminal marketing facilities and equipment, for the prepa1ing, functions vested in it by this act. handling, storing, processing, or sale or other disposition of agl'icultural (f) May (1) appoint and fix the salaries of a secretary and such commodities, or (C) for furnishing funds to the cooperative association experts, and, in accordance with the classification act of 1923 and or corporation created and controlled by one or more cooperative associa­ subject to the provisions of the civil service laws, such other officers tions for use as capital for any agricultural credit corporation eligible and employees, and (2) make such expenditures (including e...'

~CREASED PRODUCTIO::-l" commodity so purchased. .Any such marketing agreement shall provide SEC. ·6. If the board finds that its advice as to a program of plant­ for the payment from the revolving fund of the amount of the losses, ing and breeding of any agricultural commodity as hereinbefore pro­ costs{ and charges arising out of the purchase, withholding, and dis­ vided bas been substantially disregarded by the producers of the posal, or out of contracts therefor, and for the payment into the revolv­ commodity, or that the planting or breeding of any agricultural com­ ing fund of profits· (after repaying all advances from the revolving fund modity for any year is substantially greater than a normal increase, and deducting all costs and charges, provided for in the agreement) as determined by the board, over the average planting or breeding of arising out of the purchase, withholding, and disposal, or out of con­ such commodity for the preceding five years, the board may refuse to tracts therefor. make advances for the purchase of such commodity. (d) The -board may, in its discretion, provide in any such marketing agreem~nt for financing any withholding, purchase, or disposal under INVESTIGATIONS BY BOARD such agreement, through ad>ances from the revolving fund. Such SEc. 7. The board, upon the request of any cooperative association financing shall be upon such terms and conditions as the board may or upon its own motion, may investigate the conditions sun·ounding prescribe, but no such advance shall bear interest. the marketing of any agricultural commodity produced in the United (e) I! the board is of the opinion that there are two or more coopera­ States and determine: tive associations or corporations created and controlled by one or more (1) Does a surplus of any such commodity exist or threaten to exist; cooperative associations capable of carrying out any marketing agree­ (2) Does the existence or threat of such surplus depress or threaten ment, the board in entering into the agreement shall not unreasonably to depress the price of such commodity below the average cost of the discriminate against any such association or corporation in favor ~f any actual .p1·oduction of such commodity in continental United States other such association or corporation. If the board is of the opinion that during the preceding five years ; and there is no such cooperative association or CO::'flOl'atiou created and (3) Are the conditions of durability, preparation, processing, preserv­ controlled by one or more cooperative associations capahle of carrying ingt and marketing of such commodity, ()r the products therefrom, out any marketing agreement for purchase, witbholdin~. and disposal, adaptable to the storage or future disposal of such commodity. then the board may enter into the agreement with other agencies but Befoi't! declaring or entering its finding upon the foregoing matters, shall not unreasonably discriminate between such other agencies. the board shall consult with the advisory council for the commodity. (f) ·During a marketing period fixed by the board for any CQmmodlty, Cl.EARI:SG HOUSE AND TERMINAL MARKET ASSOCIATIO::-l"S the board may enter into marketing agreements for the purchase, with· holding, and disposal of the food products of such commodity, and all SEC. 8. The board may assist in the establishment of, and provide for provisions of this section applicable to marketing agreements for the the registration of, in accordance with such regulations as it may pre­ purchase, withholding, and disposal of the commodity, shall ap1,1ly to scribe, (1) clearing house associations adapted, in the opinion of the the agreements in respect of its food products. board, to effect the more orderly production, distribution, and marketing (g) any decision of the board relating to the commencement, exten- . of any agricultural commodity, to prevent gluts or famines iu any mar­ sion, or termination of a marketing period shall t·equire the affirmative ket· for such commodity, and to reduce waste incident to the marketing vote of a majority of the appointed members in office. of such commodity, and (2) terminal market associations adapted, in (b) The powers of the boa1·d under this section in respect- of a1:1Y the opinion of the board, to maintain public markets in distribution agricultut·al commodity s}lall be exercised in such manner, and the centers for the more orderly distribution and ma!'keting o1' any agricul­ marketing a~reements entered into by the board during any marketing tural commodity. Only cooperative associations or corporations created period shall be upon such terms, as will, in the judgment of the boru·d, or controlled by one or more cooperative associations shall be eligible for carry out the policy declared by section 1. membership in any clearing house association or terminal market asso­ (i) The United States shall not be liable, directly or indirectly, upon ciation registered under this section. Rules for the governance of any agreements under this act in respect of agricultural commodities, in such association shall be adopted by the members thet·eof with the excess of the amounts available in the premium insUI·ance and revolv­ approval of the board. ing funds. MARKETING AGREEMENTS INSURANCE SEC. 9. (a) From time to time upon request of the advisory council SEC. 10. (a) In order that a cooperative association handling any for any agricultural commodity, or upon request of leading cooperative staple agricultural commodity may with reasonable security make pay­ associations or other organizations of producers of any agricultural ments to its members at the time of delivery of such commodity by the commodity, or upon its own motion, the board shall investigate the members, fairly reflecting the current market value of such agricultm·a! supply and marketing situation in respect of such agricultural com­ commodity, the board is authorized to enter into an agreement, upon such modity. terms and conditions as it may prescribe, for the insurance of such coop­ (b) Whenever upon such investigation the board finds- erative association against price decline as hereinafter provided. Such First. That there is or may be during the ensuing year a seasonal or insm·ance agreement may be entered into by the board only with reRpect year's total surplus, produced in the United States and national in to any such agricultural commodity which, in the judgment of the extent, that is in excess of the requirements for the orderly marketing board, is regularly traded in upon an exchange in suffi.cient volume to of any agricultural commodity or in excess of the domestic requirements establish a recognized basic price for the market grades o1' such com­ for the commodity ; modity, and then only when such exchange bas accurate price records Second. That the operation of the provisions of section 5 (.relating to for the commodHy covel'ing a period of years of sufficient length, in the loans to cooperative associations or corporations created anQ_ controlled judgment of the board, to serve as a basis upon which to calculate the by one or more cooperative associations) will not be effective. to control risks of the insurance. '1928 CONGRESSIONAL· RECORD-HOUSE .7653 (b) Any such agreement for insurance against price dE.>cline shall in· the .records of the governmental establishment; except that the provide fot· the insurance of the cooperative association for any 12 President shall not direct that the board be furnished with any informa­ months' period commencing with the delivery sea on for the commodity tion or data supplied by any person in confidence to any governmental against loss to such association or its members due to decline in the establishment, in pursuance of any provision of law or of any agreement average mat·ket price for the commodity during the time of sale by the with the governmental establishment. association from the average market price for the commodity during (c) The botmi may cooperate with any State or Territory, or depart­ the time of delivery to the association. ThE' measure of such decline, ment, agency, or political subdivision thereof, or with any person. where a deeline occurs, shall be the difference between the average GENERAL DEFINITIONS market price weighted for the days and volume of delivery to the SEc. 14. (a) As used in this act- as ·octation by its members, and the average market price weighted for (1) The term "person" means individual, partnership, corporation, the days and volume of sales by the association. In computing such or association. average market prices the board shall u,se the daily. average cash prices (2) The term "United States," when used In a geOgraphical sense, paid for the basic grade of such commodity in th~ exchange designated means continental United States and the Territory of Hawaii. in the agreement. .Any such agreement shall cover only so much of the (3) The term "cooperative association" means an association ot commodity delivered to the association as is produced by the members of persons engaged in the production of agricultural products, as farmet·s, the associa_tion and as is reported by the association for coverage under planters, ranchers, dairymen, or nut or fruit growers, organized to the agr~ment. carry out any purpose specified In section 1 of the act entitled "An act (c) Payments under insurance agreements in respect of any commod­ to authorize association of producers of agricultural products,·• approved .ity shall be made out of the premium insurance fund for the commodity February 18, 1922, if such association is qualified under such act. · to be established by the board uDder such regulations as it may (b) Whenever any agricultural commodity has regional or market prescribe. classifications 01' types which in the judgment of the board are so (d) For insurance under an insurance agreement the cooperative different from each other in use or marketing methods as to require association shall pay a premium, to be determined by the boat•d prior their treatment as separate commodities under this act, the board may to the making of the insurance agreement, upon each tmit of the com­ determine upon and designate one or more such classifications or types modity reported l1y the association for coverage under the insurance for such treatment. agreement. Such premium shall be calculated with due regard to the past price records in established markets for the commodity. The ADMINISTRATIVE APPROPRIATION premiums applicable to the commodity in the successive 12 months' SEC. 15. For expenses in the administration of the functions vested periods shall be adjusted with due regard to the experience of the board in the board by this act, there is hereby authorized to be appropriated, under preceding insurance agreements. Thet·e shall be deposited in out of any money In the Treasury not otherwise appropriated, the sum the premium insurance fund for any commodity the premiums paid by -of $5{)0,000, to be available to the board for such expenses (including cooperative associations under insurance agreements in respect of the salaries and expenses of the members, officers, and employees of the commodity, and advances from the revolving fund in such amotmts as board and the per diem compensation and expenses of members of the the boat·d deems necessary for the operation of the fund. There shall commodity advisory councils) incurred prior to July 1, 1929.

be disbursed from the premium insurance fund for any coll)modity (1) SEPAitA.RILITY OF PROYISIO~S the payments required by any insurance agreement in respect of the SEc. 16. If any provision of this act is declared unconstitutional or commodity, and (2) repayments Into the revolving fund of advances the applicability thereof to any person, circumstance, commodity, or made from the revolving fund to such premium insurance fund, together class of transactions in respect of any commodity, is h eld Invalid, th~ with interest on such advances at the rate of 4 per cent per annum. validity of the remainder of the act and the applicability of such pro­ REYOL\ING FUND vision to other persons, circumstances, commodities, and classes of transactions shall not be affected thet·eby. SEC. 11. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $400,- COOPERATIVE ASSOCIATIOXS ACT 000,000. Such sum shall be administered by the board and used as a SEC. 17. Nothing in this act is intended or shall be construed to revolving fund in accordance with the provisions of this act. The repeal or modify any provision of the act entitled "An act to authorize Secretary of the Treasury shall deposit in the revolving fund such association of producers of agricultural products," approved February portions of the amounts appropriated therefor as the board from time 18, 1922._ to time deems necessary. P&"r, funds shall be made by the authorized officers or agents of the board officer, or employee of the board ;· and, In addition, it shall be held a. upon receipt of itemized vouchers therefor, approved by such officers violation. of section 123 of such code if any membet·, officer, or employee as the board may designate. All other expenditures by the board, In­ of the boat·d at any time speculates, directly or indirectly, in any cluding expenditm·es for loans and advances from the revolving fund, agricultural commodity. shall be allowed and paid upon the pt·esentation of itemized vouchet·s (b) It shall be unlawful (1) for any cooperative association, or cor­ therefor, approved by the chairman of the board. Vouchers so made poration created and controlled by one or more cooperative associations, for expenditures from the revolving fund or from any premium insar- or other agency if such agency is acting for or on behalf of the board . ance fund shall be final and conclusive upon all officers of the Govern­ under any marketing agreement, or (2) for any director, officer, or ment; except that all financial transactions of the board (including employee of any such association, corpomtion, or agency, to which infoi'­ the payments required by any marketing or insurance agt·eement) shall, mation has been imparted in confidence by the board. to disclose such subject to the above limitations,' be examined by the General Accounting information in violation of any regulation of the board. Any such Office, at such times and in such manner as the Comptroller General of association, corporation, or agency, or director, officer, or employee the Dnited State may by regulation prescribe. Such examination in thereof, violating any provision of this subdivision, shall be fined not respect of expenditures from the revolving fund or from any premium more than $10,000 or imprisoned not more than 10 years, or both. insurance fund shall be for the sole purpose of making a report to the SHORT TITLE Congres' and to the board of expenditures and agreements in violation SEc. 19. This act may be cited as the "Surplus Control Act." of law, together with such recommendations as the Comptroller General deems advisable concerning the receipts, disbursements, and application Mr. CANNON. Mr. Cbah·man, I have re e-rved the point of of the ftmds administered by the board. order. l\Ir. DOWELL. I reserve the point of order. COOPERATION WITH EXECUTIVE DEPARTMENTS Mr. LAGUARDIA. And I make a point of order, l\Ir. Chair­ SEC. 13. (a.) It shall be the duty of any governmental establishment man. in the executive branch of the Government, upon request by the board Mr. CANNON. I make the point of order that the amend­ or upon Executive order, to cooperate with and rendet· assistance to ment is not admissible. the board in carrying out any of the provisions of this act and the 1\Ir. DOWELL. And it is not germane. regulations or the board. The board shall, in cooperation with any l\Ir. ASWELL. It is in the same language as the original such governmental establishment, avail itself of the ervices and facili­ bill. ties of such governmental establishment in order to avoid p.reventable M:r. OAl\"NON. There is not a word, paragraph, or punctua­ expense or duplication of effort. tion mark in the substitute that is not in the original bill. The (b) Upon request by the board the President, by Executive order, (1) gentleman from Louisiana is proposing to sh~ike out the bill may transfer any officer or employee from any department or inde­ and put back the bill. The only difference is that in putting pendent establishment in the executive branch of the Government, the bill back be leaves out certain paragraphs. - irrespective of his length of service In such department or Independent 1\Ir. AS WELL. Will the gentleman yield? establishment, to the service of the board, and (2) may direct any Mr. CANNON, Yes. governmental establishment to fut·nish the board with such information l\Ir. ASWELL. Does not the gentleman consider that a vital and data pertaining to the functions of the board as may be contained and important change? CONGRESS! ON AL RECORD-HOUSE

Mr. CANNON. That is tbe reason I am making -the point Mr. CHINDBLOM. After this 8..1nendment has been acted tlgainst it. It is vitally important. upon, and amendments have been made to it, the original text And what is still more to the point, . it contravenes the will be read section by section and the gentleman will lose no orderly :procedure of the House. While it is prop<>sed in the opportunity to debate the original text. guise of a substitute it is in fact not a substitute at all but is Mr. LAGUARDIA. To do that we would have to vote the ·really a proposal to strike out certain sections of the bill which substitute down. What good is it or what effect will it have in the regular order will not be reached until later on in the to amend the sections of the original text if the sub tituted bill 1-eading of the bill. is adopted in the manner suggested, to wit, as a complete bill? 'l'he proposed amendment does not contain a single phrase Mr. CHINDBLOM. Each section will be taken up and a or word or comma that is not already in the original bill. It motion will be made to strike it out, and motions can be made is patent therefore, that it can not be considered as a substi­ to amend it. Each section of the original text will be read. tute. Ydu can not offer the absm·d proposal to strike out and Mr. LAGUARDIA. Mr. Chairman, the gentleman from put back exactly what you have stricken out. You can not Louisiana [Mr. AsWELL] will have his rights protected by mov­ propose to insert in lieu of a text the identical text that is ing to strike out the particular sections to which he objects already in the bill. when we reach those sections regardless of the amendments or Consequently the effect of such an amendment if entertained how an original section may have been perfected. would be to bring up out of its regular order and before the Mr. CHINDBLOM. And instead of being deprived of any proper time for ito;; consideration a proposition to strike out a opportunity for action or debate, the committee will get two Rection which has not yet been reached in the regular reading opportunities to debate practically the same thing. of the bill. Mr. LAGUARDIA. Oh, no. • Now, that is not only in violation of the practice of the Mr. DOWELL. Mr. Chairman, I make the point of order House but it is manifestly inequitable. Why does not the that the proposed amendment is not germane, and I submit this propo~ent of the amendment wait until sections 10 and 11 are proposition : The rules of the House are adopted for the pur­ reached in their regul3!: order? What is the occasion for this pose of allowing every Member a fair opportunity to present unseemly haste, for this unprecedented proposal at this inoppor­ his questions squarely before the committee. That is the pur­ tune stage of the consideration of the bill? I will tell you why. pose of the rules of the House. Under the rules of the Hou ·e It, is becau:e the sections thus proposed to be stricken out by the gentleman from Louisiana [l\1r. ASWELL] will have a fair this amendment are the sections proviQ.ing for the equalization opportunity to move to strike out the sections he desires to fee--the issue about which all political considerations incident strike out, and I think a point of order would not be sustained tv this legislation have centered since the Seventieth Congress to a motion striking them out. Under his substitute amendment convened. They want to force a surprise vote on the contro-· the gentleman seeks to operate this bill under a different plan verted question of the equalization fee out of its regular order than that submitted in the original committee amendment. I and before opportunity is given to amend preceding sections of submit the gentleman has the opportunity to offer a separate the bill leading up to and affecting these sections. amendment to strike out the equalization fee. In the present It is the inflexible rule and practice of the House that in the situation the gentleman from Louisiana is offering a substitute con.· ideration of a bill its sections shall be read and considered which entirely changes the operation of the proposed law, and in their serial order. The :first section is read and considered therefore it is not germane to the original bill, which provides and disposed of. Then the second section is read and considered for an equalization fee. and di<;posed of. And then the remaining sections of the bill 1\.Ir. LAGU..A.RDIA. _ :Mr. Chairman, will the gentleman yield are taken up and disposed of in their turn. It is not in order at this point? to return to any section once disposed of, and it is not in order l\1r. DOWELL. Yes. to take up in advance any section not yet reached in the read­ 1\fr. LAGUARDIA. Besides that, 1\fr. Chairman, the gentle­ ing of the bill. This has been the practice since tl1e days of man from Louisiana could not offer his section 1 as an amend­ the Continental Congress. ment to the present section 1, because they are identical. There­ To entertain such an amendment as that proposed is to violate fore, ·what be hopes by hi. motion to do is to jump the entire the long-establi ~ hed practice of the House, and if followed would bill up to the paragraph that he is interested in, instead of permit the co-nsideration of any section of a bill or of all waiting his turn, when he may move to strike it out. Sections sections of a bill out of order .and at any time, whether oppor­ 1, 2, and 3 could not be offered as substitutes for sections 1, 2, tunity had been afforded to perfect related sections or not. and 3 of the bill we-are con idering, because they are identical. · Why does not the gentleman wait until the sections on the 1\.Ir. DOWELL. Mr. Chairman, the question that is before the equalization fee are reached in the order prescribed by the rules Chair just now is one which is .not usually p1·esented, because f the House? I ~ ubmit, Mr. Chairman, that the proposed the orderly method is to move to strike out the section. The amendment is not admissible; that a proposal to strike out a gentleman is seeking to entirely change the operation of this text and put back the same text is not in order; that it is an bill; he is seeking to have it operated under a different plan effort to secure an unauthorized advantage; and that the gentle­ than that provided by the committee, which is cleal'ly not ger­ man, without sacrificing any of his rights, should wait until the mane to the original bill. It has been held time after time that sections he seeks to eliminate are reached in the orderly reading no amendment can be offered· and sustained that i not germane Qf the bill. to the original proposition. His amendment merely amends Mr. LA-GUARDIA. :Mr. Chairman, in submitting my point certain things in the bill, anti in that he seeks to entirely change of order, I have in mind the same thought in part that has the operation of the bill. When an amendment is offered that been stated by the gentleman from Missouri [Mr. CANNON]. changes the entii·e operation of the bill, I submit his amendment I call the attention of the Chair to this situation: If the sub­ is subject to the point of order. · etitute offered by the gentleman from Louisiana [Mr. A sWELL], Mr. FORT. Mr. Chairman, will the gentleman yield? which, on lii.s own statement, is word for word the bill now before the committee with the exception that be eliminates ~lr_ DOWELL. Yes. . certain sections, is a proper sub titute amendment at this time, lli. FORT. If that were true, would an amendment to strike it will establish an entirely new precedent and the very purpose out section 10 be germane? of reading a bill under the five-minute rule for amendment will :Mr. DOWELL. I have ju'. t stated that I think it would be. be entirely destroyed. · Instead of bringing the bill up foJ." con­ Mr. FORT.· Then why is it not true here? sideration before the committee section by section, for its Mr. DOWELL. It is not true here. I have just· stated that orderly consideration and amendment, it will bring the whole the orderly and proper method is to move to strike that out substituted bill before the committee for amendments, but all if he does not want it, but it is not in order to offer a substitute at one tune. After the substitute is agreed to, if it is, the strik­ which entirely changes this program without waiting in the fng out of the remaining sections is purely pro forma. At any orderly way to sti·ike out what he desires to strike out. time the committee may rise and present the substitute bill to Mr. Chairman, I think this a very important matter not only tbe House just as now offered. We can not. amend a single in respect to this bill but in respect to every other bill that section of the substituted bill. If the substitute as it is worded may come before the Committee of the Whole. . The purpose of is exactly as the bill now before the House with the exception the rule is to give everyone an opportunity to get his case of one or two sections, is held to be a proper substitute to be fairly presented to the committee, and the gentleman has a considered in this confused manner, then any bill may be taken plain remedy if he want ~ to accept it, to move to strike out the from the consideration of the committee, out from under the sections to which be objects. If this be permitted now, I say five-minute rule, by simply eliminating one section and offering to the Chair that it will revolutionize the entire rules of the the whole bill. House by permitting amendments to be offered in the form o:f Mr. CHINDBLOM. Mr. Chairman~ ·Will the gentleman yield? substitute bills entirely changing the operation of the proposed _ Mr. LAGUARDIA. Certainly. bill by leaving out the main part of the bill. I submit that 1928 CONGRESSIONAL RECORD-HOUSE 1\Iembers must observe the ruies and go direct to the motion to The Chair appreciates the force of the argument of the gentle- strike out any particular portions· tl:iey desire to strike out. man from Iowa [Mr. DowELL] and recognizes that a situation I insist that in this case the amendment or substitute offered might arise where, in striking out certain provisions of a bill is clearly not germane, because, if adopted, it changes entirely the entire plan and scope of the bill might be changed. But the operation of this bill; and under the general rules and the Chair does not think that that is the situation here. In this under the rule that has been laid down by the Chair heretofore bill there are loan features and insurance features; -and con­ a bill or a substitute that is not directly in line and not ger- tract-agreement provisions which are still left in the bill, and mane can not be sustained. it is a question, not for the Chair but the committee, to decide I in ·ist that this amendment is not germane, because an whether it wants to approve these different provisions with or entire change in the operation of this bill is made by this without the equalization fee. sub 'titute. · The Chair, therefore, overrules the point of order and Mr. CHINDBLOM. Mr. Chairman, I ask that the motion of recognizes the gentleman from Louisiana. the gentleman fi·om Louisiana may be again reported; not the Mr. ASWELL. Mr. Chairman, I wish to state very briefly amendment, but the motion. l\Iy understanding is that the that I have adopted this course not to confuse or to change the motion was to strike out the first paragraph and substitute procedure of the House but for the specific purpose of placing therefor the amendment offered by the gentleman, with notice before the committee a concrete example in exact language that if the amendment be adQPted the gentlemen from Louisiana so that you will see what the bill is before you vote on it. will move to strike out the remaining sections. And I wish to say, gentlemen, these specific and earnest Mr. ASWELL. My motion was to strike out all after the words, that it is generally recognized that the bill as written enacting clau~e and insert my amendment. can not become a law in this year 1928. The substitute I have Mr. CHINDBLO.M. If that is the motion, and it is agreed offered-- that it is, then, of course, as each succeeding section of the l\fr. DICKINSON of Iowa. Mr. Chairman, will the gentle- original text will come before the committee, you will_ have an man yield? opportunity to act upon each one. Mr. ASWELL. Not now. Mr. DICKINSON of Iowa. Suppose you had a bill under The substitute I have offered, it is generally agreed, can and consideration and you offered an identical bill as a substitute, will become a law if adopted. It is a complete bill, and it has but leaving . out the word "money" or the word "and," or been recognized throughout the hearings that with a $400,000,000 leaving out any part of the bill that happened to be essential revolving fund, to be used partly as a loan feature to the enter­ for the bill to function, and then would come in here and in- prise, the fund is ample to test this plan of action ; and Congress stead of rfresenting an amendment to strike from the bill you will assemble again next December and again the next year, would come in and offer a substitute with that left out. That and you will have ample opportunity to include the equaliza­ is what you are running into. [Applause and cries of "Rule! "] tion fee at a later date if it is found desirable. But you would The CHAIRl\lAN. The Chair thinks that for the most part have ample fQ.nds to put into operation this bill exactly as it the procedure is very well settled respecting the questions would be put into operation if you had many more millions which have been raised by this point of order. The Agricul- of dollars. You will have ample funds now without an equali· tural Committee substitute pending before this committee must zation fee; and my contention is that without the fee we do have be considered as an original bill under the rule, and the prac- a prospect of getting farm legislation at this time. [Applause.] tice is well fixed th~t anyone, on the completion of the reading I have made my motion for this purpose in the hope that we of the first section of a bill, may offer an amendment to strike may have some farm legislation and not to do the vain and out the section and insert a complete bill as a substitute, at the childish thing of putting through the House a bill that can not same time serving notice that if his substitute is adopted he become a law. [Applause.] will move to strike out the remaining sections of the bill as Mr. BLAOK of New York. l\Ir. Chairman, a parliamentary they are read. That is the exact situation before the commit- inquiry. tee now. There is nothing new or strange in that procedure. The CHAIRMAN. The gentleman will state it. The gentleman from Louisiana [l\Ir. AswELL] states that the l\Ir. BLACK of New York. If the Aswell motion prevails first few sections of his amendment are identical with the first and then a motion is made to strike out succeeding sections of few sections of the Agricultural Committee substitute and the committee bill, sections 2, 3, 4, and so forth, and those roo­ objection is made to his motion for that reason. As the gentle- tions are not carried, may we not be in the position of having man from Illinois [l\Ir. CHI:J\TJ>BLOM] has pointed out, the mo- three or four sections identical with three or four sections in tion of the gentleman from Louisiana is a substitute for the the bill? first section of the bill, and his motion in·corporates the other The CHAIRMAN. That is a matter, of course, for the com- sections of his bill in order to make a complete bill. mittee to determine and not for the Chair. This question as to how far a substitute amendment has to l\fr. BLACK of New York. Assuming that the Aswell roo- differ from the original text of the bill was passed upon a few tion is carried and a motion is then made to strike out section 2 years ago by Chairman Towner in a situation something like and that motion is not carried, might we not have two sections thi ·, as the Chair understands it. The committee had been in the bill of identical language'? con idering some legislation· and had taken certain action in The CHAIRMAN. The Chair can not assume the committee regard to it. The gentleman from illinois, 1\Ir. Mann, did not would do that, but it is a matter for the committee to deter­ approve of the action that had been taken, and at the com- mine. pletion of the reading of the bill offered a substitute, eliminat- Mr. DICKINSON of Iowa. Mr. Chairman, I rise in opposi­ ing or changing in the entire bill only the word " and." The bill tion to the amendment, and I ask unanimous consent to pro­ contained two sections. The change of the word " and " was the ceed for 10 minutes. only change, as the Chair understands, that was made in the The CHAIRMAN. The gentleman from Iowa asks unanimous substitute from the original bill; and Chairman Towner held consent to proceed for 10 minutes. Is there objection? that the substitute was in order. In giving his decision Chair- There was no objection. man Towner said : l\Ir. DICKINSON of Iowa. l\Ir. Chairman, when you take the There are two methods by which substitutes for the entire bill may equalization fee out of this bill you destroy the heart of the be offered. The first is to offer, after the first paragraph has been bill. There is no way I)ossible by which you can substitute read, a substitute for the entire bill, with the notice that with regard money for the equalization-fee principle. There is no way by to the succeeding sections of the bill as they are read a motion will which money can stabilize the price of a commodity. The be made to strike them out. That method has been used in a good equalization-fee principle is the thing that is essential for farm many instances. In that case gentlemen will notice that, of course, relief. It is the one principle we have been fighting for during there is no opportunity for amending any subsequent section of the the last seven years, and the people who want to deny us the bill, providing the substitute is agreed to. privilege of having the equalization-fee principle in the bill are The other method is to otrer the substitute tor the entire bill at the the people who want to make farm relief absolutely nothing but conclusion of the reading of the entire bill, as was done in this a foolish piece of legislation. instance by the gentleman from Illinois. Of course, in that case all Next, the man who has offered this amendment has been the of the amendments that have been adopted by the committee, whatever man who has been bitterly opposed to farm relief ever since its they may be, are stricken out if the substitute is adopted. If the sub- beginning. stitute contains in effect or in actual language some of the amend- The one principle which those of us who are in favor of farm ments that are already agreed to, that. does not deprive the mover relief have been asking is that we haYe something that will 9f the substitute of the consideration of his substitute. That applies bring a commodity within the control of the legislation, and if practically to the case that we have before us, in the opinion of the I you do not have that you have absolutely nothing but the pos­ Chair. No matter what the effect of this· substitute may be, it is the sibility of haYing, if Y~>U please, a .coiD:b~nation tha~ can control right of the committee to vote down or to support the motion of the enough of the commodity to affect Its price, and no one has ever gentleman from illinois. The point of order is, therefore, overruled. dreamed that you 'vill ever bring within the control of any 7656 CONGRESSIONAL RECORD-HOUSE ni.AY 2 cooperative a sociation organization under existing conditions They also say you can work cotton without the equalization a sufficient percentage of the commodity so that you will be able fee. Let me say to you that you can not work cotton without to have a bargaining power, which is the real basis of the the equalization fee for the !eason that the equalization fee McNary-Haugen equalization-fee principle. is the secw·ity they will have in their cooperative organizations Now, to say that you can have this kind of ·a law without against a loss that they can not absorb, and you must either the equalization-fee principle, and you can not have it with it, have the equalization fee to overcome this loss or you must is to my mind a foolish statement. I know not the source of pay it out of the public funds, which the farmers of this the gentleman's information, but I do say this, that no one I country do not want you to do. know of is authorized to say that this law can not bec_ome a law I was amused the othe1· day to read a pre s report that the with the equalization-fee principle i"Q it. Congresswomen from Mas achusetts, [Mrs. RoGERS]-and I am I do not know the strength in the Senate; I do riot know the sorry she has just left the room-had stated that the cotton strength in the House, and. I do not know the action which spinners of this country would be at a disadvantage because will be taken at the other end of the avenue, and I do not the cotton spinners of other countries would be spinning cotton believe any person knows it, with the . result that we have and would not have to pay an equalization fee. Let me sug­ here the possibility of sufficient votes in both the House and gest to you that we produce 60 or 70 per cent of the cotton tlle Senate, and we also have the possibility that with a in the United States and our price determines the price of the changed piece of legislation complying with the provisions world, and for that reason the 'iorld price would go into the of the veto of last year there may be no veto this year, and to wheel of the spinners everywhere, and you would have nothing say that we can not have legislation if the equalization fee to do with difference between the price in Europe and the price is left in the bill is reaching a conclusion that is not justified. here, but you would have a charge against the producer of the I want to say one thing more to you. If you take out original commodity and it would be equally distributed. This the equalization fee you are going to turn the farmers of the is the very principle we have contended for and is one that country against the Members of the House who ha\e voted would bring the cotton within the control of an organization to strike it out. I believe this thing has been before this of this kind. Then you have the whole cotton area of the country Iong enough to show that the great majority of the United States fluctuating along hoping they can borrow enough farmer of this country understand it, and with that under­ money against their cotton to cauy it over a depres ed period, standing they are demanding just plain justice; that they be and if they can not do this, then the cooperative organization put within the protective-tariff system of this country, and "busts" and is ineffective in its purpose. if they are not, then they are going to take things into their Take the tobacco pool which is the best illustration of this own hands and see whether or not they are not in shape to force principle that I know. If you bad had an equalization fee something through the legislative halls of this Congress and whereby you created a sinking fund and brought in sufficient put men and women in the seats of Congress who will giYe money to bridge over the low-priced period, then you would them what they think they are entitled to. The only way have bad an etl'ective piece of machinery which otherwise is you can give them that equality, the only way you can main­ absolutely no good whatsoe\er. ta · the American standard., and the only way you can carry I want to say to you that if you adopt this amendment you it out to the farm is under the principle of the equalization are destroying farm legislation. Do you think, either as Repub­ fee. Nobody has otl'ered anything anywhere, at any time, that licans or Democrats, you can go out and sell this kind of theory is a substitute for the equalization fee. to the country because it can not be done. I have been The gentleman from New York says it is unconstitutional. among them during all these years. I believe I was one of the He is the same kind of a lawyer I am, and his conclusion earliest converts to this legislation and I have been working is no better than mine, and the rest of the Ia wyers in this at it ever since. I want to say to you that the people of this Bouse ha\e disagreed about it. country who are behind the farmers, as well as the farmers Next, the farmers of this country demand one more thing; themselves, thoroughly believe that they got to have this type and that is that the constitutionality ot a law be left to that of machinery or they might just as well not have any legiS­ branch of the Government which is set up to determine such a lation at all. question. Under the organic law of this country, as at present This means equality for agricultw·e and that is what we formulated and constituted, there is a judicial body set up to must have. If you are going to go on and continue to centralize determine the constitutionality of a law. This thing has been and industrialize the United States, then you are going to have before this country so severely and so long that you are not deterioration in your farm population all along the line. going to satisfy the farmers who are interested in this legis­ The CHAffiMAN. The time of the gentleman from Iowa has lation by coming here and heralding the· fact that four or five expired Member of Congress say it is unconstitutional. They want 1\Ir. FORT: Mr. Chairman, I rise to otl'er an amendment the Supreme CoW't of the United States to pass on this prin­ to the substitute. ciple, and they are not going to be satisfied with anything The CHAIRMAN. The gentleman from New Jersey offers less. This is not the first great legislative act that came before an amendment, which the Clerk will report. Congress which was heralded as unconstitutional. You can go The Clerk read as follows : back and read the old taritl' debates, and you will find that Amendment offered by Mr. FonT to tbe Aswell substitute: Page 13, exactly the same charges were made again t the protective line 14, strike out all of section 9. tariff principle that are now being made against the equaliza­ Mr. FORT. 1\Ir. Chairman and gentlemen of the committee, tion-fee principle in this bill. the substitute as otl'ered by the gentleman from L-ouisiana, Therefore, if that is the case, we want the one body that Doctor AswELL, with the amendment which I offer, and one or was constituted under our organic law to tell us whether this two relatively minor amendments, will meet the situation which i · constitutional or not. We do not want the individual opinion a day OI' two ago I said on the floor would constitute a bill of any Member of Congress. We want the decision of the which, in my judgment, could be supported by every Member duly constituted body under our Constitution to say whether of the Bouse. it is constitutional or not, and we are not going to be satis­ I understand the gentleman from Louisiana does not seriously fied with any Attorney Generars opinion or the opinion of oppose the amendment which I propose. anybody else, because the farmers have been working on this Mr. KINCHELOE. Will the gentleman yield for a question? thing for all these years and they know that when you take Mr. FORT. Ye . out the equalization fee you take out the heart of the legisla­ Mr. KINCHELOE. Is section 9, the section which the gentle- tion. Why? Because it is the thjng that brings the commodity man refers to, the marketing-agreement section? · within the control of the machinery, and the very reason our Mr. FORT. It is the marketing-agreement section. cooperative organizations have not been able to succeed is As I explained to the House the other day, without sections because so much of the commodity stays outside of their 9 to .12-- machinery that it wrecks their whole plan of price stabiliza­ Mr. A SWELL. Will the gentleman yield? tion, and for that reason you have got to have some additional l\Ir. FORT. Yes. machinery that will put the commodities within the control of Mr. ASWELL. So far as I am concerned I have no objec­ thi · legislation. tion to striking it out. Just one more thing. Big business is claiming we are doing Mr. FORT. If there is no objection, is there need of de­ something for the farmer that we have done for nobody else. bate. I will submit that as a parliamentary inquiry. Now, this is absolutely untrue, and let me tell you why. Big The CHAffiMAN. The Chair does not feel that is a parlia­ business has been able to bring within its control a sufficient mentary inquiry. It is too much responsibility for the Chair percentage of tbeir commodities so that they have the exact to take. bai·gain~ng power that we are asking here that the farmers Mr. FORT. If tbe gentleman accepts the amendment, is shall have. the amendment a part of the gentleman's proposal? 1928 CONGRESSIONAL RECORD-HOUSE .7657 The CIIA.IRl\IAN. The gentleman can not accept it, except Mr. ANDRESEN. Does not the gentleman think some part by unanimous consent of the committee. of section 12 should be stricken out? . 1\Ir. FORT. Then I ask unanimous consent. Mr. FORT. I have an amendment that strikes out four lines The CHAIRMAN. The gentleman from New Jersey asks which I shall offer later. unanimous concent that section 9 of the Aswell amendment 1\Ir. FULMER. Mr. Chairman and gentlemen of the com­ be tricken out. Is there objection? mittee, I want to call attention to the argument of the gentle­ Mr. SUMMERS of Washington. Mr. Chairman, I object. man from New Jersey just made. If you strike out section Mr. FORT. Mr. Chairman and gentlemen, the purpose of my 9 you will bring the proposition back to the original plan of amendment is this: As was explained to the committee a day the gentleman from New Jersey-simply a loan proposition to or two ago section 9 is the section of the bill and the only the farmers. Under section 9 this board will have the section of the bill under which contracts with paGkers, millers, privilege of arranging through an agency by advancing of money and other processors is permitted. Section 9 is the only section out of the stabilization fund to enable this agency to go into that puts the Government of the United States squarely in the the market and take all or a part of the surplus off the market bu ine for its own account of buying ami selling food products. so as to be able to hold it and feed it back into the market in Section 9 of the bill with the equalization fee out submits the an orderly way and thereby stabilize the price. That has been Treasury of the United States to a charge far in excess of the the contention of the gentleman from New Jersey in the com­ entire revolving fund annually. . mittee and all through the proceedings. I hope that the amend­ Unle s section 10, the equalization-f(>e section, is to stay in, ment will not be accepted. · I take it that no proponent of the legislation would ask to Mr. STEVENSON. Mr. Chairman, will the gentleman yield? have section 9 in. If, therefore, the substitute offered by Mr. -FULMER. Yes. the gentleman from Louisiana which eliminates the equaliza­ Mr. STEVENSON. Does the gentleman want us to vote in tion fee is to be adopted section 9, which no one would advocate, the equalization fee or take it out? unless the equalization-fee provi ion were in, should come out. Mr. FULMER. I make the same statement to the gentleman Mr. HOCH. Will the gentleman yield. from South Carolina that I made yesterday in my speech. Mr. FORT. Yes. While I have gone along as earnestly as I could for this bill in Mr. HOCH. I call attention that section 9 refers to the the interest of the farmer, yet unless we can adopt certain stabilization fund. amendments which we tried to adopt in the committee I shall Mr. FORT. The amebdment of the gentleman from Louisi­ have to vote to strike out the equalization fee. ana strikes out all reference -to the stabilization fund and the Mr. ADKINS. 1\fr. Chairman, everyone knows that for some equalization fee. years back the fight over this farm-relief legislation has been Mr. HOCH. I will ask the gentleman from Louisiana if his in resp~ct to the equalization fee. The interests and the peo-ple amendment leaves in the language of the stabilization fund? generally who are opposing the bill I believe would favor any Mr. AS\VELL. It does not. It strikes out all reference to sort of a bill or any amount of money to be taken out of the the equalization fee, and the words "stabilization fund" are Treasury if we would eliminate the equalization fee. Why all not in there. the concern on the part of the opponents of this type of legisla­ Mr. ABERNETHY. Will the gentleman yield? tion owr the equalization fee? If they were paying it, or if the Mr. FORT. Yes. Public Trea ury were paying it, there might be some reason for Mr. ABERNETHY. I understand the gentleman wants farm it, but if the farmer himself proposes to pay it, and if it en­ relief? hances the pr~ce and stimulates overproduction, then no one is Mr. FORT. I do. hurt except the farmer. If all of the things said about it could Mr. ABERNETHY. Many of us who have honestly sup­ come to pass, the farmer is the fellow who pays the bill. Why ported the bill heretofore, including the equalization fee and the objection to it? all, would like to support a bill containing the provisions of Gentlemen, you will remember that in the beginning of this t.b.e HauO"en bill without the equalization fee. Congress I made a speech here stating what I thought Congress 1\fr. FORT. I yielded to the gentleman for a question. should do. I said that Congress should meet every objection The CHAIRMAN. The time of the gentlem,an from New raised by the PrE-sident in his veto message but one, and that Jersey ha expired. · we should meet the President more than half way if possible Mr. FORT. Mr. Chairman, may I have five minutes more? on his objection to the equalization fee. I said that I did not The CHAIRMAN. Is there objection to the request of the believe it was possible to operate a scheme of this kind, for a gentleman from New Jersey? few years, at least, unless you could take care of the loss by There was no objection. spreading it out over the entire production through this equali­ Mr. FORT. Now, gentlemen, let us be perfectly clear in zation scheme, that your CODperative associations could not what we are doing. With section 9 in the bill ey-en in the form afford to do it or shoulder the load themselves. the gentleman from Louisiana would leave it, we ·are definitely l\Ir. Chairman, there are men here who are just as anxious giving to the Federal Government the power and the duty of to secure farm relief as I am. They met me in the cloak room eugaging in the trade in commodities for the aGcount of the and said, "My God, let us not put the equalization fee up to Treasury of the United States. the President again. If we do, it will be vetoed, and we get The profits and losses of the agency employed are a charge no farm legislation at all." Many of them thought that we had or a credit to the Treasury. With no offset, with no deduction, better adopt the very "layout" that Doetor AswELL has pro­ the charges of the agency employed which include its profits posed rather than go home without anything, and they sairesent system of market­ prospects of the approval of legislation with the equalization ing grain. That is the idea that the farmer himself has in fee in it? · If the gentleman can give us any as urance that it mind. He says, in substance: "Let us try this. We will pay will be approved, we will go along with him. the bill If it is wrong, it is our funeral. But do not let us Mr. ADKINS. Oh, that is not our responsibility. The gen­ start out on a scheme that has fallen down in every efi'ort made tleman will recall that the legislative body that pa sed the heretofore by a small minority." [Applause.] homestead act, and sent it down to the Executive and the Ur. KINCHELOE. Mr. Chairman, I have no desire to take Executive disapproved it. But the legislative body believed in the floor at this time. I did not intend to, but I did not know the principle and they came back again with more information that this substitute would be offered at this time. But I owe a and passed it, and it eventually became a law. I do not think duty to the Members of Congress from the cotton-growing that our responsibility as one of the coordinate branches of States. The gentlemen who were here will remember that the the Government should be swE-rved or influenced by the atti­ other day I put in the RreoRD some amendments that I desired tude of any other branch of the Government. to offer under the five-minute rule. One of those amendments So it is the merits of this proposition that we are going is the one in which I am e pecially intere ted, and I think every into. Who knows whether this purpose will be attained? They man from the cotton-growing States is intere ted in it. It say there is no stabilization fund provided. Of course not. provides that this board shall not levy an equalization fee upon The big speculative interests do not want the market stabil­ any commodity unless the advisory council for that commoperations of this bill. Mr. HAUGEh~. As the gentleman will recall, in the commit­ Mr. SUMMERS of Washington. Mr. Chairman, will the tee I stated that if he prepared an amendment which was gentleman yield? constitutional, I for my part, speaking for myself, would not Mr. ADKINS. Yes. object to it. I am not now speaking for the committee, but I Mr. SUMMERS of Washington. Were the representatives in have conferred with a number of members of the committee, the 94 counties you speak of for the bill with an equaliza­ and I understand they will make no objection to the gentle-­ tion fee? man's amendment. There may be an exception or two on the l\Ir. ADKINS. Yes. committee. I have talked with members on this side. I have Mr. SUMMERS of Washington. And the bankers of Illinois not spoken of it with those on the other side. took what position? l\Ir. KINCHELOE. Do I understand the gentleman will make Mr. ADKINS. The bankers at the same time adopted a res­ no objection? olution while they were in session, declaring that if they could Mr. HAUGEN. I will make no objection to the gentleman's not pass the bill with the fee they should not pass any law at amendment. alL That was the action of the Illinois Bankers' Association. l\Ir. KINCHELOE. I thank the chairman. Now, gentlemen, l\Ir. SUMMERS of \Va hington. They were for the bill with yo.u are going to vote in a few minutes on the question as to the fee? whether you will eliminate the equalization fee. :Mr. ADKINS. Yes; and without it they said we would be Without an amendment like this on the McNary-Haugen bill, better off without anything. the board can go and levy an equalization fee without the Mr. LAGUARDIA. I do not think the gentleman should press consent of the commodity advisory council ; but under this that argument, becau e I do not think the farmers have any­ amendment which I have offered, which the chairman ay · he thing particularly in common with the bankers. will accept, they can not levy an equalization fee on the cotton 1928 CONGRESSIONAL RECORD-HOUSE 7659 or any other commodity without the consent of the members tion in Congress it was denounced as econoinically unsound. of the commodity advisory council agreeing to it. However, since it has been in operation it has been universally Mr. BRAl\TD of Georgia. Will the gentleman yield? recognized as wholesome legislation. Mr. KINCHELOE. Yes. Congress enacted the interstate commerce act in 1887. This Mr. BRAND of Georgia. Ls the amendment to which the was a radical departure at the time, being for the regulation gentleman refers, and to which the chairman of the committee of the railroads. It was strongly protested, but now its 11erits has no objection, identical in language with the one that is are recognized. printed in the RECORD? We have appropriated $2,150,000,000 in aid of our merchant l\IL". KINCHELOE. No. ma"rine. The contribution of this vast sum out of our Federal 1\Ir. BRAND of Georgia. Then the gentleman has a revised Treasury in aid of the shipping industry is hailed as economi­ amendment? cally ~ound and not paternalistic by those who oppose this bill. Mr. KINCHELOE. I have a revised amenersification. The tenant farmer can not set out interest of those engaged in banking. That legislation was not an orchard, nor can he .sow alfalfa, clover, or other farm prod­ denounced as paternalistic, but while it was pending considera- ucts which produce over a series of years, for the reason that 7660 CONGRESSIONAL .RECORD--HOUSE he does not know how long he is going to remain on that par­ The report of the Secretary of Agriculture shows that the . ticular farm. These farmers therefore must of necessity, in a exchange value of farm products for manufactured products in lnrge measure, g1·ow money crops. . 1925 was 60.3 cents. The farmer lost, in exchange value, 39.7 Of the 197,000 fa.Tms in Oklahoma 115,000 are occupied by cents out of every dollar. The farmers contributed that amount tenant farmers. out of every dollar to the industrialists of the East. No wonder -In ely State most of the farmers are in distress and must the manufacturers are prosperous. The farmers of the West have financial assistance, either from banks or business houses. and South pay the toll. and must mortgage their crops to secure the same, and to do FARl\fER'S INCO~fE COMPARED this i:nust raise crops which can be sold for cash to liquidate The average income of the farmer, according to the last re­ their debts. port, is approximately $730 yearly, and this includes the labor Again, it is urged that cooperation is the proper remedy. of the farmer, his wife, and other members of his family. Out Thi" is very strongly urged by the Secretary of Agriculture and of the $730 annual income there is deducted $630 for the living by all of tho e not in sympathy with this bill. I am strongly expenses of the farmer and his family, leaving him for clothing, in favor of cooperative associations, yet in the consideration of education of his children, recreation, and other expenses, the this remedy we must meet the actual practical facts. The sum of only $100 yearly. Contrast this with the average income farmers are scattered f1·om ocean to ocean, some are located of the industrial and clerical workers which is reported to be 1 in spar ely settled communities, and because of their raising $1,415 per year, almost double that of the farmer. The in­ in small quantities the va1ious farm crops, and because of their dustrial and ·clerical worker, generally speaking, is comfortably financial necessities, only about 7 per cent of the farmers have housed, and works about eight hours per day, while the farmer been induced during the past 25 years of strenuous efforts and his family work longer hours and all contribute their labor. to join cooperative associations. But few of the tenant farmers HAzARDS OF FARMERS have been brought into these associations. The farmers are exposed to all kinds of weather conditions­ TARIFF REDUCTION URGED cold and heat, excessive rains and snow, with attendant floods It is insisted that the tal'iff should be reduced. Many of overflowing cultivateu fields, destroying·fencing, washing away those who oppose the bill, both in Congress and throughout soil, and planted crops, oftentimes necessitating their replanting, the country, criticize the bill as not being the proper remedy. and from pests such as boll weevil, pink bollworm, chinch bug, They insist that we should revise the tariff downward so as corn borer, and in fact every kind and character of pest· to insure lower prices for manufactured articles to the con­ imaginable. sumers. I favor a material reduction of the tariff duties on The freeze frequently takes the entire fruit crop. Many necessities and would vote for such a remedy. However, this times· maturing crops are lost by drought, exce sive rains, or· would only be a partial remedy, and would not completely other weather .conditions, or pests. These hazards of the meet the situation. Every"one here knows that tariff reduction farmers, causing loss of time and great and unexpected financial can not be accomplished during the present administration. losses, are not appreciated or experienced by the comfortably I can not understand the reasoning of anyone who attempts housed cler;lcal or industrial workers, whose incomes are secure to convince the· consuming public that tariff duties which raise and which are double the incomes of the farmers. the price which consumers pay for the necessities of life are Let us examine with a little more care the losses sustained for their benefit. Nor do I have any patience with the argu­ by the farmers ; ment leveled at the fa~·mers to attempt to convince them that The cattlemen during this five-year period lost $2,360,000,000, a tariff duty on farm products would be to their benefit. and without exception every single one of them who did busi­ In 1921 the emergency tariff bill was enacted. Instead of the ness on a large scale and on borrowed capital went broke. prices of fUI'm products going up they went down. Everyone The hog producers during this period lost $2,680,000,000. The knows that where we raise an exportable surplus the tarif! corn producers lost over $1,000,000,000 and the wheat farmers can be of no benefit on agricultmal products. Take cotton for over $1,150,000,000. During part of this period cotton sold example. We export approximately 60 per cent of our cotton. below the cost of production. Last year, because of the ravages We are attempting to find not only a domestic but a foreign of the boll weevil, a fair price was maintained for cotton, but market. A tariff of 50 cents ·per pound on cotton would be of in many sections--and this is true of my district-little or no no benefit to the cotton producers of the country. What is true cotton was raised, and in some fields not a lock of cotton was of cotton is true of other agricultural products where we raise pieked. an exportable surplus. Added to these conditions the report given out on September I was raised on a farm. I own farm land. Every person in 15, 1925, through the Department of Agriculture predicting the my district is either directly or indirectly dependent upon the downward price trend of cotton lost the farmers of the South farmer. They all sympathize with him. They do not believe many millions of dollars. We are trying to prevent this by he gets a square deal from our Government. I share this belief. legislation. No wonder the farmers of the country are demanding legis­ REDUCTIO~ OF FREIGHT RATES PRESSED lation at the hands of Congress because of their deplorable Again, there are those who insist that freight rates should be condition. This condition can not much longer continue. The reduced and, of course, to the extent of the reduction the farmers and small business men located in the agricultural farmers would be benefited. They receive the market price at communities throughout the South and Middle West will not a central point less the freight rates. I think no one believes stand for it. They are demanding and are entitled to the enact­ that Congress, as at present constituted, could be induced to ment o-f legislation that will equalize their condition with that amend the Esch-Cummins Railway Act, which I voted against. of other industries. If we can not apply the remedy of reduced freight rates, why I have called attention to the small inco-me of the farmer and withhold the remedy provided in this bill? the much larger income of the industrial and clerical worker . The truth is that those who are opposed to legislative relief This inequality is due to the fact that the consumers of the · for the farmers make an effort to find some other plausible agricultural sections pay tribute on account of special class excuse for opposing legislation for their benefit. legislation. Let me repeat iliat the idealist in the East does not under­ In 1926 the United States Steel Corporation declared a 40 stand many of the pres~ing practical problems which face the per cent stock dividend in addition to the regular quarterly farmers. dividend and placed an enormous amount to its smplus. The LOSS OF FARMERS (192o-1925) STAGGERING duty on pig iron was raised 50 per cent for its benefit. The necessity for such legislation is recognized and admitted The statistics show that the average farm dividend is less by all, but that admission does not fully present the full picture. than 2 per cent. The farmers have been reduced to industrial When a patient is sick and struggling for life heroic measures slavery. They have mortg.ages upon theil' farms reported to are resorted to by his physicians and often a surgeon's knife amount to $12,250,000,000. Is it any wonder, then, that they must be used. The farmers are in that condition to-day. Since Ul'e earnestly and insistently asking Congress for some relief? 1920 they have gone through a period of depression that is hard .1\IORTG.AGE FORECWSURES-FARMS SOLD FOR TAXES to describe and which can not be exaggerated. The reports show that more farms were sold for taxes in What are the facts? During the consideration of this bill in my State during 1927 than in any previous year of our history. the last sessio-n of Congress it was asserted and not denied Mortgages are being foreclosed in surprisingly large numbers. that during the five years from 1919 to 1925 the exchange value Everyone who represents the farmers of the ~fiddle West knows of the farm products of the country had shrunk $13,000,000,000. that this picture is not overdrawn. Nor are conditions im­ .The shrinkage of farm lands has been from $54,800,000,000 to proving. Surely this Congress should not adjourn until this $37,800,000,000, or $17,000,000,000. In other words, the loss to most important question is carefully considered and relief legis­ the farmers in the value of their products and the loss in value lation enacted. of their lands has been $30,000,000,000, or as much as was spent Statistics show that 2,150,000 people removed from the farm by the United States in the recent World War. during 1927, and even taking into consideration removals from 1928 CONGRESSIONAL RECORD-HOUSE .7661 the city to the country and the number of births on the farm, outstanding banker in my State who favored it. -Now, after it there were 1,000,000 fewer people on the farms at the end of has been-in operation for-about 14 years, I know of no banker 1927 than during the previous year. who opposes it. It is universally commended. I might add At the close of the Civil War two-thirds of the population that this is true of much .of the general and far-reaching legis­ nf the country lived on the farm ~nd the remainder in the lation enacted by Congress. cities. Now the reverse is true. Approximately one-third re­ The language of a bill is more or less technical, not always side in the country and the remainder in cities and towns. easy to completely analyze by the average citizen, and not, Why is this true? The answer is that the people are trying therefore, fully understandable. He therefore instinctively to better their condition which, on the farm, is almost intoler­ opposes it. Remember, too, that those who represent special able. interests and who are against the legislation, use all sorts of BANK FAILURES DUE TO FARM CO)ill the members of more cooperative associations for withholding ·any part of the tlle 1Jo;n·d mu."lt either be producer. of one or more agricultural commodity delivered by its members or such ·agreement may pt·oducts or truly representative of agriculture. provide for the purchase by such associations or corporations . Section 3 defines the general powers of the board, their place of any part of a commodity not delivered by its members and of meeting, authorizes the use of an official seal, requires the for the withholding and disposal of the commodity so purchased. making of annual reports to Congress, and relate. to other A stablization fund for each commodity is to be provided out administrative details. of the revolving fund of $400,000,000 and the marketing agree­ · Section 4 provides for an advisory council of Reven members ment ~hall provide for the payment from the stabilization fund for each agricultural c-ommodity. Tbe members of this council for that particular commodity the amount of the losses, costs, are to be selected annually by the board only from a lis.t sub­ and charges, and al o for the payment into the stabilization mitted by the cooperuti\e associations and other organizations fund of any commodity profits arising out of the purchase, with­ representative of the producers of the commodity in question holding, and disposal or out of contracts therefor. The bill and by the governors and heads of agricultural departments provides for discretionary powers to be given the board in the of tfie several State where the commodit:V is produced, and is making of such marketing agreements. a governmental agency to act in conjunction _with the board to The next question arising is, Bow are these marketing agree­ ascertain and declare the existence of and determination of ments to be financed? First, they are to be financed from the certain facts prior to the commencement or termination of a stabilization fund set apart for each commodity out of the re­ marketing period authorized to be declared by the board. Tbe volving fund. The equalization fee which is provided by sec­ commodity advisory councils are the liaison representatives be­ tion 9 is to be assessed against each unit of a commodity to tween the board and the producers. cover the equitable ratable share of the losses, costs, and TWO SEPARABLE REMEDIES PROPOSED cha1·ges arising out of such agreements. The board is required, The bill proposes two distinct and separable remedies: Sec­ at the commencement of any marketing period, to estimate the tion 5 authorizes loans not to exceed $200,000,000 to cooperative probable losses,. costs, and charges in respect to any commodity associations or corporations created and controlled by one or and (]etermine and publish the amount of equalization fee for more cooperative associations out of the revolving fund author­ each unit of such commodity. ized to be appropriated in this act at 4 per cent interest per EQUALIZATION FEE IS A COMMISSION FOil SERVICE RENDERED annum. This gection provides in detail for what purposes loans Let us examine a little more closely the equalization fee pro­ may be made: First, for the purpose of assisting the cooperative vided in the bill. There is perhaps not a cattle or hog man in association or corporation created and controlled by one or more the country w)lo, when he ships a carload of hogs or cattle to cooperative associations in controlling a seasonal or year's total market, but what ships them through a commission bouse and surplus, produced in the United States and either local or na­ pays to the firm a commission or charge, or you might call it an tional in extent, that is in excess of the requirements for the equalization fee. The equalization fee is the commission which orderly marketing of any agricultural commodity or in excess the producers pay on each unit of agricultural commodity which of the domestic requirements for such commodity; and, second, comes within the provisions of the bill, to cover the pr.o _rata loans may be made, not to exceed $25,000,000, for (a) working share of the costs or charges and estimated loss.es or advance­ .capital to be used by the cooperative association or corporation ments. He does just what the hog-and-cattle men do when created and controlled by one or more cooperative associations, they ship to market. He is paying a commission or equaliza­ (b) for the assistance of such associations in acquiring neces­ tion fee. Rary facilities, plants, and equipment, (c) to assist such asso­ When the Federal reserve bank system was created every ciations in extending and enlarging their membership. member bank was compelled to contribute its ratable share Stripped of technical wording, section 5 authorizes loans to by subscribing for a certain amount of stock and depositing a be made to the amount of $200,000,000 to cooperative associa­ per cent of its depo its without interest in order to create a tions, in a,id of their efforts to assist the farmer in marketing financial reserYoir or insurance fund which could be used by their farm products to the very best advantage. While this the Federal Reserve Board to come to the assistance of member provision may prove measurably helpful to the extent of the banks through loans or rediscounts. Tl1e same principle is in­ financial assistance extended by the Government, my fears are vol\ed in this bill. Each pays a commission or equalization fee that it will prove ineffective because of the small percentage in proportion to the benefits received. No more and no less. -of producers who are members of cooperative associations. The same principle is involved in the fru.·m land bank system. -As to some commodities, the membership does not exceed 7 Each borrower is required to subscribe for a certain amount of per cent. Why should this small number borrow money and stock and to pay, in addition to the rate of interest, an amount incur the financial liability for the equal benefit of all producers sufficient to cover the cost of administration. You might call of any commodity who are not members? • this a commission or equalization fee. If this bill will enable OVERPRODUCTION DISCOURAGED the farmers to get more for their products through the payment It has been urged that a higher price for farm products of a commission or equalization fee, as one interested· in farm­ which will be brought about by better _marketing facilities will ing, it would be good business to pay it. result in increased production. The bill provides that the board shall estimate the probable Section 6 authorizes the board to advise with the producers losses, costs, and charges to be paid as an equalization fee of any· commodity, and if they should disregard the advice of under marketing agreements in respect of each commodity and the board and increase the planting of any commodity over the assess the same against each unit ratably, and provides for average planting of five years the board may refuse to make its collection under rules and regulations of the board on the further advances or loans for the purchase of such commodity. transportation, processing, or sale of such unit. This s~tion is intended to meet the criticism of a large number These words are clearly defined in the bill. As to cotton, who fear that the enactment of this bill would result in over­ u processing" means Spinning, milling, or any manufacturing production. other than ginning. " Sale" means the disposition of the cot­ Section 7 authorizes the board to assist cooperative a socia­ ton in the United States for spinning, milling, or manufactur­ tions in establishing (1)_ cl~!:ing-bouse !~OCi~tions and (2)_ ing, O!: fo!: d-eljye_!'y outsid~ the U~ited States. " Transporta~ 1928 CONGRESS!ON AL R.ECORD-HOUSE .7663 ', tion " means the acceptance of cotton by common carrier for mately 7 per cent of the producers of the commodity upon deli very for such purposes. which there is an obligation to pay 4 per cent interest to the The board is authorized to make regulations requiring any Government. Under section 8, marketing agreements are au­ person engaged in the transportation, processing, or acquisition thorized ·to be made by the board with cooperatives or other by purchase of any agricultural commodity, to collect the equali­ agencies and these costs, charges, and losses, if any, are to be zation fee, and to file returns under oath, and become liable in paid from a stabilization fund set apart from the $400,000,000 event of the failure to do so. A like equalization fee is col­ revolving fund, and this fund is supplemented by profits and lected upon the importation into the United States of any such the equalization fee assessed against each unit. . commodity. In practice, therefore, it will readily be seen that The difference in the two plans provided in the bill is that this fee will largely be collected, reported, and paid by cor­ under the first plan 7 per cent of the producers are behind porations transporting, processing, or manufacturing any of the the cooperatives, whereas under the marketing agreemt:=::.t plan, product~ covered by the bill for which a marketing period is 100 per cent 'Jf the producers of the country combine for the declared. equal and mutual benefit of all. Under the first plan the co­ 'ection 10 provides for a stabilization fund for each agricul­ operatives have the bargaining power of 7 per cent of the com­ tural commodity and that the board shall have exclusive author­ modity. Under the second plan they have the bargaining power ity oYer the expenditure of the money in such fund, and the -of 100 per cent of the commodity produced. stabilization fund shall consist of advances from the revolving In the meantime provision is made to insure the cooperative fund, profits arising out of marketing agreements, repayments associations against loss by decline in the price of cotton. of ad>ances for financing and purchase, withholding and dis­ We must always keep in mind the economic truth that all posal of the commodities, and the equalization fees collected as nonperishable staple products, if properly and orderly marketed, provided in the bill. whether they be farm or manufactured products, are worth the INSURANCE AUTHORIZED AGAINST PRICE DECLINE cost of production plus a reasonable profit. Keep in mind also Section 11 provides that the boa,rd is authorized and empow­ that the bargaining power as to all of any commodity-100 per ered to enter into an a()'reement upon such terms and conditions cent, not 7 per cent-for which marketing agreements are made as it may prescribe and for a period of not more than 12 months is in the hands of or under the direction of the board during fot" the insurance of such cooperative associations against price the marketing period. de<:line with respect to any commodity. In other words, it will operate with respect to each com­ Section 12 authorizes the appropriation of $400,000,000 to be modity very largely like the price of wheat was stabilized administered ·under the direction of the board and used as a during the war. Compamtively little wheat was withheld from revolving fund in accordance with the provisions of the act. the market or stored in warehouses. It cost the Government Section 13 provide for the examination and audit of the about $42,000,000, but instead of the Government losing, it made boo]{S and accounts of the board. a profit. The farmers may rest assured that this intelligent Section 14 makes it the duty of any governmental establish­ and orderly marketing of their products will insure for them ment to cooperate with the board and render all assistance, the cost of production plus a reasonable profit. They are en­ furnish all information, and be of any additional service that titled to that. This board represents the power and prestige of the various bureaus or departments may be able to render. the Government, which will greatly aid in the administration HOW THE LAW WILL BE ADMINISTERED and the success of the law. · The farmers have a right to inquire just how this bill would In my district the potato growers are organized 100 per cent, enable them to secure a higher price for their farm products. · and they get a good price for potatoes through marketing them In the first place, there would be a board of highly intelligent under the direction of the association. If 100 per cent of the members which would be able to compile data from every avail­ farmers belonged to cooperatives and each commodity was mar­ able source so as to form the very best estimate as to the keted under the direction of cooperative associations, the same amount of each commodity produced not only in the United result would be realized. States but throughout the entire world, and the probable demand Every one knows the disastrous results of compulsory market­ for each commodity, and will be able, therefore, to better direct ing by financially distressed farmers of all of any commodity when and where the commodity may be sold to the best ad­ without any of it being stored and fed to the mark.et in an vantage. At pre ent the farmers, for the most part, are in orderly manner. The Government lost no money on wheat financial distress, which compels them to dump their products during. the war. When this bill gets into operation it will upon the market in times of depression. That means that cot­ result in the prices of farm products being stabilized without ton when it is picked and ginned is sold. The cotton farmers any loss to the Government. of the South have little or no option in the matter. Representa­ The provision for an equalization fee is only to cover the tives of foreign countries and of the eastern spinners, through costs, charges; and probable losses, so as to supplement the their local agents, contract for their supply of cotton in ad­ stabilization fund in event of an emergency which but few, if vance. In 1926 as the result of the dumping of the cotton upon any, .who have studied this bill carefully believe will ever be the market as it was picked and ginned, it will be remembered required. that while the price opened around 20 cents per pound it fell to Cotton fell from 8 to 9 cents per pound in 1926, or around $40 per bale. I am sure every farmer in my district would have about 11 cents per pound, and that after all the cotton was out been glad to have paid an equalization fee of from $2 to $3 per of tile hands of the small producers it went back to the former bale, if by doing this he ·could have been saved his loss of $40 price of around 20 cents. If this cotton could have been held per bale. off the market, as this bill provides, either through cooperative associations or marketing agreements, and sold in an orderly The bill passed last year was criticized because it covered manner the market would have been stabilized and such great only certain basic agricultural comiQodities ; whereas this bill fluctuations would not have occurred. This market, of course, discriminates against no · commodity but permits all to be will not only include our domestic market but the foreign included. It will result to the benefit of the producers of all demands for the commodity. commodities whether they belong to cooperatives or not. To be more specific, and u ing cotton as an example, when the This is a great piece of constructive legislation, and if effi­ representatives of the eastern spinners or of the foreign coun­ ciently and sympathetically administered I am confident that trie attempt to make contracts for their supply of raw cotton it will be of very great advantage, not only to every farmer for the year the board, acting through the cooperative associa­ throughout the country, but to the business men who are tions, or two or more of them, or other agencies selected, will dependent upon it. withhold from the market and tore in warehouses and purchase The board, through the agencies provided for, will be able from the financially distressed farmer a sufficient supply of to secure for the producers the cost of production plus a cotton until the representatives of those desiring to purchase it reasonable profit. will pay the cost of production: plus a reasonable profit. Those who live in industrial centers oppose the bill for fear The Department of Commerce reports 9,478,000 bales of raw that it will raise the price of farm products to consumers. cotton exported to foreign countries in 1927, including 2,611,000 The answer is twofold. First, it is conceded that the producers bales to Germany, 1,694,000 bales to Great Britain, 1,437,000 are entitled to an increased price. Second, if the board is able bale to Japan, 975,000 bales to France, 670,000 bales to Italy. to so administer the law as to cut out the spread between the Are not our farmers entitled to legislation to assist them against .producers and the ultimate consumers, the price to the farmers loss in the orderly marketing of their cotton and not compelled, would be greatly increased. No one denies this. It is the real because of their financial condition, to dump it upon a de­ reason hiding behind every conceivable smoke screen for the pre ::;ed market? The question answers itself to one in sym­ opposition to this bill. [Applause.] pathy with them. 1\Ir. HAUGEN. Mr. Chairman, I rise for the purpose of Under section 5 the. charges and costs are to be paid out of ascertaining whether we can not reach an agreement .to close the fund borrowed by the cooperatives representing appt·o:x:i- debate. I would like to know how much time will be required. 7664 CONGRESSIONAL RECORD-· HOUSE }fAY 2 Mr. BURTNESS. I would like to have at least 10 minutes. Mr. ·HARRISON. Mr. Chairman, I · would like to ha-ve it :Mr. QUIN. I want five minutes. understood that I am to have five minutes on an amendment Mr. HOWARD of Nebraska. Will the chairman permit a I propose to offer ·after the Fort amendment is disposed of. suggestion? The CHAIRMAN. The Chair will do the best he can in that Mr. HAUGEN. Yes. regard. Mr. HOW.ARD of Nebraska. I would like to suggest to the Mr. WRIGHT. Mr. Chairman, I would like to be recognized gentleman if be will let the debate go on and have a few more on two amendments which I desire to offer. talks like the one just made by the gentleman from Oklahoma Mr. BLACK of Texas. Mr. Chairman, I make the point of [Mr. HASTINGS] the whole fight will be won. [.Applause.] order that debate on the Fort amendment has been exhausted. Let us vote on that amendment. [Cries of "Vote! Vote!"] Mr. H.AUGEN. I have no desire to cut out anyone; but there The CHAIRMAN. Is there objection to the request of the are a number here who would like to be excused for a while, gentleman from Iowa? and they would like to know when a vote will come on this Mr. WRIGHT. Mr. Chairman, I would like to amend there­ motion. I ask unanimous consent, Mr. Chairman, that all quest and have the debate limited to one hour. debate on the substitute and all amendment thereto close in Mr. HAUGEN. I accept that amendment. 40 minutes, and that the time be allotted as indicated hel'e. Mr. FORT. Mr. Chairman, reserving the right to object, Mt'. BURTNESS. Mr. Chairman, I have not had an oppor­ the suggestion already made by the chairman of the committee tunity to speak on this measure and I would like to have at is that the vote on the pending amendment to the A. ·well least 10 minutes. amendment be taken in 35 minutes. Mr. WRIGHT. Mr. Chairman, I offer an amendment to the 1\lr. QUIN. I object to that, Mr. Chairman. This is a vital reque t and a k that the time be limited to one hour. matter, and we should not be fooling around here wasting time. Mr. HAUGEN. Just so we can come to an agreement. I The CHAIRl\l.A.N. The gentleman from Texas [Mr. BLACK] ask unanimous con ent that we close the debate at 3 o'clock, makes the point of order that all debate on the Fort amenu­ which would mean 55 minutes. ment is exhausted. The Chair sustains the point of order. Mr. FORT. Mr. Chairman, the matter which is pending The question is on the amendment offered by the gentleman before the committee is the amendment which I have offered to from New Jersey [.Mr. FoRT]. the substitute, is it not? · The question was taken; and on a division (demanued by The CHAIRMAN. That is correct. Mr. FoRT), there were--ayes 48, noes 100. Mr. FORT. Is the request of the gentleman from Iowa, So the amendment to the substitute was rejected. then, that debate on the pending amendment cease in one hour Mr. CHINDBLOO.M. Mr. Chairman, a parliamentary inquiry. or that debate upon the substitute then cease? Has there been any agreement about limitation of debate? Mr. HAUGEN. On the substitute and all amendments The CHAffi:MAl.~. ?-~. thereto. Mr. BURTNESS. Mr. Chai!Jllan- and gentlemen of the com­ Mr. FORT. 1\Ir. Chairman, if that be the caSe, I have one mittee, I lise in opposition to the amendment which has for or two further minor amendments to the substitute and I will its purpose the striking out of tb.e so-called equalization-fee want further time. provi~ions of the bill under consideration. Not knowing just Mr. HAUGEN. It does not limit the number of amendments. exactly how much time I may get for the discussion of the :Mr. FORT. Will the Chair recognize the gentlemen in the merits of the proposal or for a discussion of just what the order of those who favor or oppose the substitute or the equalization would do and what the omission of it would elimi­ amendment? nate, I am going to put the cart before the horse somewhat The CHAIRMAN. The Chair will do his best to recognize in my discussion and touch another aspect of the matter before those who want to di cuss th"e proposition in proper order, but going into those specific merits. I desi,re to express my view the Chair can not give any absolute assurance that there will briefly, with re pect to the position taken by those who argu~ be time to recognize all who want to speak. that the equalization-fee provisions are unquestionably uncon­ The gentleman from Iowa [Mr. HAUGEN] asks- unanimous stitutional, but who at the same time believe as a number of consent ·that all debate on the .A.swell amendment- and all men have indicated in debate tl1at the balance of the bill would · amendments thereto close at 3 o'clock. Is there objection? be a good constructive piece of legislation and would be worth Mr. FORT. Reserving the right to object, the other amend­ while if enacted for the benefit of agriculture. Presumably ments I propose to offer to the substitute I do not desire to that is the view of the gentleman from Louisiana [Mr. As WELL], offer if the pending amendment to the substitute be voted down. who has made the motion now pending to substitute a bill simi­ There is no u e wasting the time of the committee in debating lar to tlte Haugen bill except as he has eliminated the equaliza­ other prospective amendments which will not be offered if the tion-fee provisions. pending amendment is V(}ted down. It seems to me we would Now, of course, I am not here to suggest that anyone who be proceeding in better order if the amendment already offered is of the honest opinion that the equalization-fee provisions are to the substitute could be voted on before the limitation of uncon titutional should not vote for the pending amendment. debate. Why not have a vote on the pending amendment in I think it is their duty to vote for it if they. entertain that advance of this request? sort of a conviction. , Believing and hoping, however, that the Mr. HAUGEN. We can have a vote on that amendment in amendment will fail, I want to emphasize that the practical 35 minutes. re ul t of enacting this bill as it ls recommended by the agri­ 1\lr. ABERNETHY. Mr. Chairman, reserving the right to cultural committee, if you who entertain the view that this par­ object, I would like to have five minutes. ticular section is unconstitutional are correct, the result of Mr. K.&..UGEN. I do not want to cut out anyone if I can a favorable vote for the bill and thus putting it on the statute help it. I am simply trying to accommodate some Members who book would be ide~tical to what would be accomplished if the ba ve other matters they want to look after. bill were passed without the equalization-fee provisions in it. Mr. ARENTZ. Regular order, Mr. Chairman. In other words, let me try to empl!asize it in this way, that if Mr. HAUGEN. The request is that debate on the amendment you are right in the view that the equalization fee is unconsti­ now pending close in 35 minutes and that all debate shall be tutional then ce1·tainly it does not do any harm to pass the bill closed at 3 o'clock on the substitute and all amendments with that provi ·ion in it and have that question definitely thereto. determined by the court of this country. The bill carries a Mr. FORT. Still reserving the right to object, I suggest that S(}-CRlled sepru-ability-of-provisions section so t:4at if any pro­ the am€ndment which I have offered be voted on now, which is vision is decl3.1'ed unconstitutional it will not affect ·the re­ the regular order. mainder of the act. The CH.A.IRl\l.AN. The gentleman from Iowa asks unani­ L-et me give you another reason why I think it is of great mous consent that all debate upon the Fort amendment close at importance to have the question determined by the courts of the 2.40, and that a vote be then taken on that amendment; and that country at the earliest possible date, hence advisable to retain all debate on the .A.swell amendment and all amendments thereto the provisions. That is to get that issue settled by the proper close at 3 o'clock. Is there objection? tribunal whose judgment will be accepted by all. The people Mr. ABER~"'ETHY. l\fr. Chairman, reserving the right to all over this country, and particularly in the agricultural sec­ object, I shall not object, but I would like to have at least tions, are tret;nendously interested in the question as to whether five minutes. the. equalization-fee principle, which all of them are discussing Mr. HAUGEN. I would like for the gentleman to have time. .and in which most of them believe as a, policy-! say that they I am not undertaking to control the time, but only to expedite are greatly interested in the question whether that proposed matters. device is in consonance with our constitutional provisions. The CH.AIRU.AN. Is there objection to the request of the How can we ever get it definitely detel'IDined unless you gentleman from Iowa? include it in the bill and thus ma,ke it possible to have it passed 1928 - CONGRESSION_._~L RECORD- HOUSE 7665 on by a tribunal that must finally pass on all such questions? Mr. BURTNESS. I agree, of course tbat the equalization fee .As I .,ay, if those of you who claim it is unconstitutional are will be deferred by an attack in the courts, and if it is held right, you would in the passage of the bill in the exact form to be unconstitutional, naturally the carrying of the provisions reported, including the equalization fee, accomplish the very into actual effect will never take place at all. I have tried. to tl1ing that the gentleman from Louisiana [Mr. .AswELL] and emphasize the importance of getting the question of its validity the gentleman from New Jersey [Mr. FoRT] and others have in settled at the earliest pos. ible moment, so that agriculture can mind, namely, to get this bill as a valid law without the equali­ fi_nd out whether it mu t give up any idea of o-btaining legisla­ zation fee in it. "Thether we strike it out or the court de­ tion embodying that sort of a principle. The sooner that clares it invalid, the result would be the same; but those who question can be settled so much the better. just a earnestly believe the provisions are constitutional would Mr. McKEOWN. But this legislation will not put it into have had their day in court. effect until they try this other plan, and that will take it over .After having settled that legal question you would be rid for another year. of that issue in the country, an issue which probably is not Mr. BURT:\'ESS. That is pue but the motion now is to auguring particularly well economically for the Nation as a strike out the equalization-fee provisions entirely. But let me whole, for this i sue to-day, and we might as. well admit it, is proceed to the more general discussion. tending to antagonize section against section and to separate At the outset I want to make it plain that many of us from clas from clas..,. Therefore I urge upon you who can con­ the agricultural sections of the country are not interested in scientiously do o to vote to retain the e provisions in the bill what may be termed temporary emergency legislation for farm for the reason. if for no other, to get the question and the issue relief. ·we are, however, greatly interested in constructive · ttled in such a way that ultimately all the people will be permanent legislation for the benefit of agriculture as a whole. willing to accept the decision. If it is adverse, those interested It i from that viewpoint that I desire to discuss the present in agriculture would then naturally abandon this plan and McNary-Haugen bill. direct their attention to other methods of solving the farm prob­ Naturally, therefore, the first question which arises is the lem. But until such decidon we feel we have the right to in­ one as to whether there i any need of permanent farm legis­ ,•i t upon this type of legi lation. We believe thoroughly in the lation. Much so-called farm legislation has been enacted in method proposed as practical, fair, and sound ; and while we former ses ions of Congress and some of it has been helpful are not certain of its constitutionality, we feel that we can and I belie>e all of it bas been wholesome legislation. None make out an excellent case therefor. Will you not therefore of it, however, has gone to the crux of the problem which is give us our day in court? [Applause.] that of obtaining for agricultural products a price that is The CHAIRMAN. The time of the gentleman from North sufficient to cover cost of production and a reasonable profit · Dakota has expired. · on the inv-estment of the average farmer. True legislation to Mr. BURTNESS. Mr. Chairman, I ask unanimous con ent promote and encourage cooperative marketing bas bad that to proceed for five minutes more. subject in mind, but unfortunately the hoped-for accomplish­ The CHAJRMA.J.~ . Is there objection to the reque t of the ments have not materialized. gentleman from North Dakota? The que~tion as to whether general legislation to insure better Mr. ABER!\~THY. Reserving the right to object, and I prices for agricultural products is necessary is pretty well do not want to object, I did not object ~ while ago when debate answered by this chart [indicating] prepared by the Bureau of was shut off, but it seems to me that I am not going to get Agricultural Economics of the Department of Agriculture, and a chance--- which indicates in the two lines shown thereon the index num­ The CHAIR~IA~. There is no limit on the debate as yet. bers of fm·m prices and wholesale prices of nonagricultural Is there objection? [After a pause.] The Chair bears none. productN for a period commencing with 1910 and ending with Mr. ADKINS. I ask that the gentleman from North Carolina the beginning of this year. The heavy line rep1·esents farm be allowed five minute after the gentleman from North Dakota. price . The dotted line represents the prices of nonagricul­ Mr. HAUGE~. Mr. Chairman, will the gentleman from tural commodities or, in other words, those commodities which North Dakota yield to me to make a request? agriculture as a whole must buy. Mr. BURTNESS. I will yield for that purpo. e. Mr. HAUGEN. I renew my request that all debate on the You will first note that from 1910 to 1915, inclusive, the prices substitute and all amendments thereto close in half an hour, and of both of these classes stayed very close to the base line of that the gentleman from North Carolina be gi>en five minutes. 100, the line of each going back and forth acro&'S such base Mr. EDWARDS. Reserving the right to object, that will line, sometimes one of the lines being for a few months above not take in half of those who want to speak. the other and then the position would be rever~ed. As a whole Mr. HAUGEN. We will have another substitute, and we the lines during those five years represented simply normal will probably ha>e an hour or two on that. fluctuations and at no time did one general class have any marked advantage over the other. Mr. EDWARDS. There are a lot of us who want to s~ak against the equalization fee and we ought to be recognized as Then, what happened in the latter part of 1915? The World well as those who speak for it. I ask unanip1ous consent that War was being waged in Europe and all prices took a sudden the time be put at 1 hour and 30 minute . spurt upward. Prices of nonagricultural commodities advanced Mr. HAUGEN. I will compromise with the gentleman and a little earlier than tho e of farm crops, but the latter did not make it 45 minutes. lag much. Note the spurt from the latter part of 1915 until The CHAIRMAN. The gentleman from Iowa asks unani­ about the middle of 1917. Nonfarm prices reached a peak of mous consent that all debate on the A well amendment and all about 200 a1,3 compared to 100 in the pre-war period. Farm crops amendments thereto close in 45 minut~- · Is there objection? were up to about 187 as compared to 100 in pre-war times. Mr. GARRETT of Texas. Reserving the right to object, can Fl·om 1915 to the middle of 1917 the relationship between the the gentleman assure us that there will be something new to two shows farm crops lagging somewhat, but not seriou ly. At be developed in the ·next 45 minutes? If not I shall object. from about the middle of 1917 to the middle of 1919 farm prices We have beard this whole thing bashed up oveP-and over again, were higher than nonagricultural piices, yet the curve of the and I object. Mr. Chairman, I make the point of order that two lines :fluctuated up and down with each other but not yery all debate on the amendment under the rules of the House is far apart. exhausted. Apparently faTm price during that period generally had an 1\fr. BURTNESS. I did not yield to the gentleman for that advantage of about 5 per cent to 10 per cent abo>e nonagl~­ purpose. cultural prices. Toward the latter part of 1919 both types Mr. GARRETT of Texas. The gentleman bas not the :floor. took another sudden rise, but this time the nonagriCultural The CHAIRMAN. The gentleman from North Dakota bas commodities went away ahead, reaching a peak of aMut 260 been recognized for fi>e minutes more. along about March or April of 1920, when at the same time Mr. GARRETT of Texas. Then I will make the point of the highest peak of farm prices was also reached, but they order at the conclusion of the gentleman's five minutes. stopped at about 235. Mr. McKEOWN. Before the gentleman resumes will be We all recollect what happened at that time, namely, the yield to me for a question? so-called deflation of 1920. .All prices dropped so suddenly Mr. BURTNESS. Yes. that the re. ult was staggering. Note the almo t perpendicular Mr. McKEOWN. Mr. Chairman, I am one of those who drop in farm prices from the middle of 1920 to April, 1921, believe in the efficiency of the equalization fee and who also coming down from the peak of about 235 to about 112, a cut believe that it is constitutional. Will not -the question of the of more than 50 per cent. Nonagricultural prices dropped constitutionality of the equalization fee be deferred over a almost as suddenly, but not so far, for they dropped down to period of two years, because it will not be taken into the courts only about 160 in the same ti]lle, leaving a disparity of almost until you try to put it into effect? 50 points between the two. LXIX-483 7666 CONGRESSIONAL RECORD-HOUSE JfAY 2 From that time on the lines straightened out, both of tliem and from 1921 to the latter part of 1924 the wheat producer indicating some advance · in the price and both of them indi­ was at a very serious disadvantage. Throughout 1925 such dis­ cating fluctuations from time to time running somewhat paral­ advantage was, as shown by this chart, eliminated, but again lel. It was the hope of all, and the honest belief of many about the middle of 1926 the curve representing wheat prices students, that the two lines would soon come together and fell below the curve representing nonagricultural p1ices, and that they would thereafter pass and repass each other as while the disparity has not been as great during the last year they did during the period from 1910 to 1915. But what bas or so it has been substantial. been the result? Six, yes, almost seven years have gone by, But I started in particularly to discuss the effect of the tariff and they have not gotten together. The disparity of almost 50 on wheat on these prices, and I want to get back to that feature. points '""-hich existed in 1921 continued on through 1922, but The President upon the report of the Tariff Commission, a few had been gradually narrowed down to about 20 or 25 points years ago increased the tariff on wheat from 30 cents per when we considered the first McNary-Haugen ratio price bushel to 42 cents per bushel, it having been found that the latter bill in 1924. Some of the best-known men of this House figure represented the average difference in the cost of producing at that time contended that 1'1: would simply be a year or wheat in Canada and in the northwestern spring-wheat States two before these converging lines would meet and the problem over a period of .three years. Some have contended on the floor would be over, and many oo believed and therefore voted against of this House that this duty is always largely reflected in the bill. The lines were a little closer in 1925, but toward the price of northwe tern spring wheat- Figures and charts the latter part of that year instead of continuing to con­ have been presented tending to show that such is the fact, but verge they started to diverge, with the result that by 1926 as I have pointed out in colloquies on the subject, the figures they were about 30 points apart. It is true that in 1927 and charts submitted have indicated the weekly "high " price there was considerable tendency for these lines to get to­ at Minneapolis for No. 1 dark northern spring wheat as com­ gether again. When we passed the McNary-Haugen bill a pared with prices in the Winnipeg market. Of course, that year ago my recollection is that the difference in percentage means the highest plice received for a single shipment each was about 13 per cent, and as indicated by this chart the day in the Minneapolis market and does not repre ·ent the difference in percentage is now about 9 per cent. average sale price, weighted or otherwise, of No. 1 dark northern The point that I want to emphasize particularly in that wheat. I think you will all agree that the fair comparison respect is that this disparity does not mean from time to time is the av·erage price received for all of the wheat sold on the a reduction of 9 per cent or 13 per cent or 20 per cent from the market on a single day and not that one specific carload net income of agriculture, but that it is that much of a reduc­ of grain which by reason of a protein content of 15, 16, or 17 tion from the gross returns of agriculture. I submit in all per cent may bring a premium of 50 cents or 60 cents above incerity that this is a tremendous reduction. Our colleague the regular card price. from New York [Mr. JACOBSTEIN] has estimated that this sort The question as to whether the tariff is reflected in the price of a reduction has amounted to about $15,000,000,000 for agri­ of wheat or not simmers down to rather a simple question culture since 1920. In other words, it has reduced the purchas­ of economics. In the spring-wheat section we do have some ing power of that industry to that extent as compared to what chance of getting such tariff reflected,. and especially so in cer­ such purchasing power would have been had these two lines, tain years. The reason for this is that we raise a wheat regardless of the exact range of prices, been on a general parity of high protein content which is sometimes in very great with each other, as was the case prior to 1915. In other words, demand for mixing purposes with soft winter wheats or other it amounts to the same thing as reducing t:Qe gross income of grades of low protein content. . any business by that percentage with costs of production re­ In other words, from a viewpoint of commercial economics, maining fully as much as they were before. Ordinarily if you the flour wheats raised in the United States can be divided into reduce the gross income of any business by 20 per cent or 13 two classes-wheat of high-protein content and wheat of low­ per cent or 9 per cent, ron wipe out all of the profits and make protein content. If the product of the former in any one year serious im·oads on invested capital. Packers, for instance, do is les than the millers of our country need, the result is that business on a profit of less than 2 per cent on their general some has to be imported and nf!turally our producers then get turnover. Naturally, with this situation the inevitable result the benefit of the tariff. This has generally been the situation in farming and in the many lines of business directly dependent in such years as our wheat prices have been the highest. upon farming was bankruptcy for all of those who are the lea~ t I have carefully checked prices at our terminals, such as efficient, and serious inroads upon the savings and capital of Minneapolis, for a number of years with prices at Winnipeg, those more efficient. which means delivery at Fort William or Port Arthur on Lake Our conclusion, therefore, is that if we are to accomplish Superior, and believe that the conclusions which I have reached results by legislation we must proceed with the purpose in with reference thereto are entirely sound and supported by the mind of increasing the gross income of farmers, and this can facts. When the 1923 crop was being harvested Canada had a be accomplished only by increasing the price of what they sell. wonderful crop, but the yield in the spring-wheat section of this Is there a fair way in which to do so? We are reminded of country was relatively poor. Our import duty was then 30 certain stabilizing influences for industry generally and for cents per bushel, and during that season the American farmer labor. Our attention is called to the immigration laws, which did get a benefit from that duty of some 25 cents or 30 cents per protect labor against the competition that would be caused by bushel. In the marketing season of 1"924, however, not one sin­ the influx of other laborers. gle penny of the tariff was reflected in the price paid the pro­ We have our· special attention attracted to the tariff in so far ducer for we had more high protein wheat in the United States as it is used as a device to protect our industries against com­ than our millers needed. In 1923, for instance, our State mill petition from abroad. In the farm sections we note that there at Grand Forks imported two shipments of high-protei.:l wheat are tariff duties upon all farm products, but on investigation from Canada and paid the duty thereon as a business proposi­ we find that such duty seems to do little or no good in so far tion. Such could not have occurred in 1924. as increasing prices is concerned in such crops or products of When the 1925 crop was harvested the situation had again which we have an exportable surplus. To be more specific we changed somewhat, and during that season there wa a very find, for instance, that we get a higher price than the world substantial benefit from the tariff, a benefit averaging possibly price for flax, wool, sugar, and the like, and the reason is plain 25 cents to 30 cents per bushel, or a greater benefit than in the for no one can import these crops or commodities without leav­ average year. The outstanding reason therefor was po "iuly ing a specific sum of money at the customhouse, and inasmuch the fact that our total wheat crop that year was only 676,000,000 as we consume much more than we produce of these crops bushels and the American millers needed all our high-protein naturally our domestic prices are raised above the world prices wheat. substantially to the extent of the tariff. This does not seem When the 1926 crop came along we found a large total pro­ unfair either to agriculture or to the consumers of the e duction amounting to 832,000,000 bushels. The protein content products, for the tariff under our present policy at least is of the southwestern wheat was good, and the re ult was that intended to be fixed in such sum as to fairly represent the dif­ the premiums paid for protein were low. My conclusion from ference in the cost of production in this country and in com­ examining the market reports is that dming that sea on we peting countries. had a benefit of about 12 cents 11er bushel. When we turn to other important crops, however, what do The experience under the 1927 crop has again been some­ we find? Take for example, the case of wheat. The price of what different. When we marketed most of our wheat in the wheat as shown by this second chart in pre-war times fluctuated Northwest last fall the trade generally believed that there wa · back and forth with the coRt of nonagricultural products. Dm·­ plenty of high-protein wheat in the country, with the result ing the war period from 1916 to 1920 the price of wheat stood that the tariff was not reflected in the price paid the American above, in it<:; general relationship, the prices of nonagricultural farmer, and, in fact, during much of the time the market at products, but with the deflation of 1920 the price of wheat Winnipeg was a little highe~ than at Minneapolk. Some dif­ wen_t way below the relative prices of nonagricultural products, ficulty is involved in ascertaining just what sort of Canadian 1928 CONGRESSIONAL RECORD-HOUSE _7667 wheat is comparable· to No. 1 dark northern spring at Minne­ it not be better to let our consumers pay the fair cost of these apolis. Some say that Canadian northern spring No. 3 bas a f-arm products which they need? milling value as high as American dark northern No. 1. No other plan bas been devised or proposed to take care of Others contend that Canadian No. 2 is substantially the same the loss on the exports than the equalization except possibly a as .American No. 1. I am inclined to the views of the latter, direct subsidy in the nature of a debenture or directly out of and my general conclusions as to the benefits received are the Federal Treasury. If the domestic price is to be main­ based on that assumption. tained higher than the world price, funds for the purpose are I have obtained, and will insert by way of extension of re­ unquestionably needed. A direct subsidy at best could be only marks, complete tables showing weekly average prices at Minne­ temporary, and would constitute a dangerous precedent. Farm­ apolis and Winnipeg of dark northern spring No. 1 at the ers generally do not want it. Temperamentally they are op­ former point, and northern spring No. 1 and No. 3 at Winnipeg. posed to an direct subsidies, and we should commend them in No. 2 at Winnipeg naturally brings a price between No. 1 and that attitude. The President bas always opposed subsidies, if No. 3. Those interested in the question will be able to study I read his messages correctly. Let us not hamper the board these tables, which are authentic, being furnished by the Bu­ by striking out the equalization-fee provisions, but permit it reau of Economics, and will be able to reach their own con­ to make use of them whenever they find it necessary to do so. clusions. The Minneapolis prices quoted are the weighted Only in this way can agriculture be placed on a parity with average prices. labor and other forms of industry. • ·with this sort of an e:xperience I am sure you will agree that The CHAIRMAN. The time of the gentleman from No11:h it is but natural that we would like to have the full benefit of Dakota has expired. the tariff of 42 cents per bushel every year and not only once Mr. BURTNESS. Under leave to extend my remarks, I sub­ in a great while, for that amount simply represents the differ­ mit first an editorial which appeared in the Washington Post ence in production -costs in the two cotmbies. The enactment with reference to a colloquy between my colleague, Mr. HALL, of the McNary-Haugen bill is intended to give us the full benefit and myself during the discussion of this bill. It is as follows: of whateYer import duty may be in effect at the time each and WHAT'S THE CO::'\'STITUTION every year less the so-called equalization fee. When we ba\e conditions such as we bad in 1924 or in 1927 the equalization The backers of the McNary-Haugen bill think they have developed fee would amount to about 12 cents per bushel, or a net gain of a splendid plan for circumventing the Constitution. They have in­ about 30 cents per bu hel. In other words, the net gain would serted a provision to the effect that if any section of the law should be declared unconstitutional the rest of the measure would not be probably be les , although in such years the equalization fee affected. The unconstitutional section they have in mind is that relat­ would be smaller. If the wheat of lower quality is raised in ing to the equalization fee. This illuminating colloquy recently oc­ price there is no doubt but that higher-quality wheat will con­ curred in the HouE:e between two constitutional statesmen, Messrs. IIALr. tinue to demand a premium, limited, of course, at the maximum to the world piice for such v.·beat plus the tariff· duty and the and BURTNESS, of North Dakota : "Mr. BURTNESS. Does the gentleman see any reason for not support­ co t of transportation from the foreign markets to ours. ing the bill upon the part of anyone who believes the equalization fee Let me discuss for just a few minutes more specifically the is unconstitutional if be likewise believes that the bill otherwise would equalization fee. As bas already been explained, that fee work? amounts in substance to a sort of an assessment upon the entire "Mr. HALL of North Dakota. Not so; not at all." crop produced in order to take care of the loss on the exportable What's the .Constitution when farm politics is involved? It has not surplus where such surplus has to be sold in the world's markets often happened in the history of the United States, however, that legis­ at the world price. The fee is paid not by the consumers, but lators in either the Senate or House have been so bold as to announce by those who produce the crop. Our farmers will know that beforehand that they intended to vote for measures which they knew the larger crop they raise the greater will be the exportable or believed to be in violation of the Constitution. surplus and the greater the equalization fee. Not only that, but Considering the fact that legislators now openly support unconsti­ they will also know that the larger the American crop the more tutional projects, it is well that there is a man in the White House who depressing will be its effect upon world prices, and that inas­ will use the ax. If these willful violators of the Constitution can much as our domestic prices can not exceed the world prices by muster the strength and courage to pass the bill over a veto, they will a figure higher than the tariff, it will continue to be in their then encounter another obstacle that can not be surmounted. interest not to increase production. What we at·e aiming to get away from, howeyer, is the proposition that the price ob­ I regarded the foregoing attack upon all supporters of this tained for the surplus shall not also be the limit of price re­ legislation as unjustified. There has, of course, been no attempt ceiYed for that part going into domestic consumption. We prefer to circumvent the Con~titution. We have all our own ideas, to have the dog wag the tail rather than· the tail wag the dog. possibly, as to the constitutionality of the proposal. l\lany I recognize, gentlemen of the House, that most of the votes excellent lawyers regard the equalization fee not as a tax but against the bill in the past have been due to the fact that as a valid exercise of the power of Con~·ess to reg11late inter­ individual Members have believed tllat the consumers in their state commerce. In any event we probably revere the Consti­ particular districts or States or sections of the country would tution as highly as does the editor of the Post. Under date suffer by its enac1:ment, due to higher prices. Yet it is astonish­ of May 2, 1928, I set out my views in some detail to the editor ing that some entertaining those views immediately argue in in a letter which was published and which, omitting formal about the same breath that the farmers of the country ought parts, reads as follows: not to raise an export surplus of such crops. Do not those To the EDITOR OF THE POST. gentlemen see this, that if the consummation which they desire, SIR: I have just read the editorial in this morning's Post under the namely, no exportable surplus of crops of which we now have caption "What's the Constitution?" and which relates to a colloquy such surplus, should come about that their own consumers between my colleague, Mr. HALL, and myself which occurred in the House would pay exactly the same amount for their products as the a few days ago during the discussion of the McNary-Haugen bill. The proponents of this bill believe will be paid by -the- consumers charge is made in the editorial that the "backers of the McNary­ if it is put into effect? In other words, if the exportable sur­ Haugen bill think they have developed a plan for circumventing the plus were eliminated the producers of each one of these crops Constitution," and the L•ference of the editorial is that my colleague or products would receive the world price plus the tariff, wh&t­ and myself boldly announce that we intend to vote for measures which ever that tariff happens to be, because they would then have we know or believe to be in violation of the Constitution. I submit that much protection which would be effecti\e. Our produc­ that such conclusions are unfair and not warranted by the record or tion would be on a domestic basis, as in the case of wool, flax, the pertinent facts which should be well known to all who have followed and so forth. the legislation. Mr. KETCH.Al\1. And, as a matter of fact, would they not In any event, my own view is that a legislator is not justified in vot­ pay a great deal more under the conditions which the gentle­ ing for a bill which in its general aspects he regards as unconstitutional, man described? and I have never done so. There is, of course, a very decided difference Mr. BURTNESS. Whenever there is a substantial shortage in opinion among legislators and among students of government as to below the amount that is actually sufficient, the tendency, then, whether legislators should vote for measures as to which there is some of course, always is to raise the price, so that might be pos­ doubt as to their constitutionality and where one finds an honest differ­ sible; but the \ery most that this bill could do would be ence in opinion on the subject among good constitutional lawyers. Some simply to charge the same amount and get most of that addi­ take the position that whenever any doubt is entertained as to the con­ tional represented largely by the tariff reflected back into the stitutionality a legislator should vote against the bill regardless of his bands of the man who raises the products. belief as to the merits of the policy suggested, while others, and I think It is, however, the exportable surplus of agricultural prod­ a large majority, believe that, although entertaining some doubts as to llcts of this country which gives our Nation a favorable trade the constitutionality, they are justified in voting for a measure if they balance, and our best interests surely do not demand that such believe in the wisdom of the policy proposed and then let the question · favorable balance should be changed to an adverse one. Would of constitutionality be determined by the courts. ~aturally that is not 7668 CONGRESSIONAL RECORD-HOUSE l\fAY 2 voting for a measure which one believes is unconstitutional. I repeat WHEAT-continued that if one entertams a conviction that it is unconstitutional, a legis­ Weighted average cosh sales No. 1 dark northern spring w1wat in ltfin­ lator would not, in my opinion, be justified in voting therefor. n eapoli8, and avet·age cash closing No. 1 and No. 3 Manitoba northern wheat in Winnipeg, July, 19~-April, 192-8-Continued The colloquy r eferred to should, of coUl'Se, be const rued in the light of the actual situation existing with r eference to the bill under discus­ Winnipeg sion. The question of constitutionality has been raised only with Differ- l----:-----1 ence be­ reference to one of the general pwvisions of the bill, namely, the equali­ tween zation fee. Several o! the opponents of the equalization fee have No.I argued very logically and very ably that tile bill as a whole is complete b ·Iinne­ dark apolis northern without the equalization-fee provisions and have indicated that they Crop year dark Minne­ would gladly support the measure if such provisions were eliminated No.1 No.1 No.3 apolis and No.1 tllerefrom. This is the position taken by Mr. FoRT, of New Jersey, and Manitoba Mr. AswELL, of Louisiana, members 9f the Agricultural Committee of northern the House, who have led the fight against the bill. Winni- peg My only desire in the colloquy to which you referred was to call attention to the fact that there is a " separability of provisions " f.ec­ tion in the bill, so that i~ the men who believe the equalization fee 1923 Cent.sper Cents per Cents per Cents per provisions uncons titutional are right in their view the passage of the Week ending- bushel bushel bushel bushel Nov. 24_ ------118.2 97.8 89.5 20.4 bill with snch provisions included would eventually mean the adop­ Dec. 118.6 95. 6 87.1 Dec. 8!______.__ ------____ ;: ______23.0 tion into permanent law of the very provisions which they are com­ 121.5 95.7 87.0 25.8 120. 8 92.4 mending and which they state they are willing to support. In other Dec. 15 ______------84.5 28.4 Dec. 22______------______117.3 92.1 84. 1 2.>. 2 words, if they are right the cout·ts would declare the equalization­ Dec. 29 ______------______---- _ 116.0 92.3 84.4 23.7 fee provisions null and void, but the balance of the bill would remain 1924 valid law, precisely as if such provisions had been struck out of the Week ending- bill by amendment in Congress. Jan. 5 ______------121.2 94.2 86.2 27.0 Naturally, I expect Members of Congress who believe such pro­ Jan. 12 _____ ------___ 123.5 96.6 88.7 26.9 Jan. 19 _____ ------______124.2 96.9 89.3 27.3 visions unconstitutional to support an amendment which would elimi­ Jan. 26 _____ ------_------______123.8 96.8 89.2 27.0 nate them from the measure. If, however, they are unsuccessful in Feb. 2 ______------______126.0 98.3 91.1 27.7 Feb. 9 ______------_ such attempt, it strikes me that they have not a substantial r eason 127.3 99.9 93.0 27.4 Feb. 16 ______------12G. 0 99.4 92.5 26.4 for voting against the bill just because one provision believed by them Feb. 23 ______------_____ 127.4 100.0 92.7 27.4 to be unconstitutional remains in the ·whole act, when they concede Mar. 1. ______------______126.0 99.9 92. 3 26. l that if such alleged invalid provision were eliminated the bill would Mar. 8_ ------127. 7 100.0 92.5 27.7 Mar. 15_ ------____ 127.0 97.9 90.8 .29.1 otherwise constitute constructive and worth-while legislation. In any Mar. 22_ ------______126.7 98. 1 91.2 28.8 event, that was the only point I tried to make in the colloquy. 29 __ ------______123. 7 96.1 88.9 Apr.Mar. 5 ______27.6 Neith0r did it refer to any who regard the general purpose of the 124.7 96.7 89.5 28.0 Apr. 124.5 97.7 90.4 Apr. 1912 ______------26.g bill as unsound and therefore oppose all o! it, but they are iu a vet·y 124.6 98.9 91.7 25.7 small minority. Apr. 26------___ ------____ 128.2 99.0 91.8 29.2 The charge that the " separability of provisions " section in the May 3_ ------126.5 101.0 94.2 25.5 May 10 ______------______130.0 102.8 96.2 27.2 bill is au attempt to circumvent the Constitution is simply ridicuious. JY1ay 17 __ ------_------______129.2 103.0 96.3 26.2 Such a provision is found in almost every m ajor piece of legislation. May 24- _ ------_------_____ --- _ 130.8 105. 7 99.1 25.1 No argument need be presented to show that it could not possibly May 31 __ ------___ 131.2 106.9 100.3 24.3 June 7 ______------______128.5 106.9 100.2 21.6 circumvent any provision in the fundamental law and that it is not June 14 ______133.7 110.5 103.5 June 2L ______23.2 intended to do so. The ve?y bill under discussion is a good illustra­ 143.5 117.5 110.5 26.0 June 28 ______------______tion as to the proper use thereof, and criticism of the proponents, 143.8 119.1 111.5 24.7 July 5 ___ ------145.0 122.9 115.2 22.1 based on the fact that they have included a pro>ision customarily July 12 ______------142.2 123.2 115.3 19.0 found in laws more or less im:olved or technical, does not seem July 19_ ------148.7 136.0 128.0 12.7 justified. July 26 ______------150.2 144.4 136.0 5. 8 Aug. 2_------151.8 150.8 141.9 1.0 0. B. BURTNESS. Aug. 9 ___ ------____ 150.2 148.5 139. 1 1.7 Aug. 16_------141.5 146.7 136. 7 -5. 8 The tables as to wheat price to which I referred in my Aug. 23_------138.7 140. 0 132.8 -1.3 speech and which have been furnished by the Bureau of Agri­ Aug. 3Q_------134.3 136.6 128.3 -2.3 Sept. 6_ ------____ 132.2 136.1 127.6 -3. 9 cultural Economics in the Department of Agriculture are as Sept. 13------.. ------132.7 138.7 132. 1 -6. 0 follows: Sept. 20_------137.5 142.8 137.2 -5.3 Sept. 27------139.5 146.6 141.5 -7.1 WHEAT Oct. 4_ ------______148.5 156.6 148.9 -8.1 Weighted average cash sales No. 1 dark northern spring wheat in Min·­ Oct. ll_------~ ------153.7 164.2 154.3 -10.5 nea.polis, and average oash clos-ing No. 1 and No. :J Manitoba northern Oct. 18_ ------155.0 163.3 153.6 -8.3 wheat in Winnipeg, July, 1923-Apt'il, 1928 Oct. 25_------150.2 156.9 148.0 -6.7 Nov. 1_ ------146.3 153.0 143.3 -6.3 Nov. 8 _____ ------__ 148.0 159.7 147.4 -11.7 Winnipeg Difier- Nov. 15_------160.0 Hl8.4 156.7 -8.4 l------l ence be­ Nov. 22 ______------__ 148.2 166.3 155.6 -8. 1 tween Nov. 29 __ ------___ 160.2 165.4 155.3 -5.2 No.1 Dec. 6 ______------___ 162.5 162.3 151.3 +.2 Minne­ dark Dec. 13 ____ ------167.7 167.9 157.0 -.2 apolis northern Dec. 20 ____ --- .------176.5 175.0 165.0 1. 5 Crop year dark Minne­ Dec. 27------179.6 182.3 172.1 2. 9 No.1 No.1 No.3 apolis and No.1 1925 Manitoba Week ending-3 ______northern Jan. 186.6 184.0 173.1 2.6 Winni­ Jan. 188.5 186.7 174.8 1. 8 peg 10------Jan. 17------:------192.0 193.0 181.3 -1.0 ------1·------Jan. 24_------196.0 197.4 185.9 -1.4 Jan. 3L ------207.0 211.5 200.1 .:.4. 5 1923 Cents per Ce11tsper Cmt.~per Cents per Feb. 7------196.5 200.6 189.5 -4.1 Week ending- bushel bushe( bushel bushel Feb. 188.4 191.9 182.1 -3.5 July 7------­ 119.0 111.9 106.4 7.1 Feb. ======189.3 194.1 185.4 -4.8 July 14..------118.3 108.2 101.9 10.1 Feb. 28~~= ______: === ------196.8 199.2 190.9 2. 4 July 2L ______------____ _ 115.0 106. 8 99.6 8.2 Mar. 7------198.5 197.6 188.9 .9 July 28 ___ ------120.0 107.6 100.4 12.4 Mar. 14------184.8 184.4 175.0 .4 Aug. 4_ ------­ 120.4 106.9 99.7 13.5 Mar. 21_------165.7 165.7 155.8 .0 Aug. 11_ ------120.6 108.0 101.1 12.6 Mar. 28------.. ------167.5 166.7 157.0 .8 Aug. 18 ______------___ .; ____ _ 123.3 111. 5 104.4 11.8 Apr. 4 _____ ------152.8 145.6 136.6 7. 2 Aug. 25_ ------____ _ 122.3 118.5 110.2 3.8 Apr. 1L___ ---__ -----_---- _--- _----- _-- 161.2 156.5 146.5 4. 7 Sept. 1------__ 125.3 117.5 107.5 7.8 Apr. 18 ______------166.3 159.0 148.9 7. 3 129.4 116.3 106.9 13.1 160.8 158.9 150.2 1. 9 Sept. 8------15 ______Apr. 25------_------127. 2 109.3 99.1 11.9 May 2 ___ ------~------161.2 161.9 153.4 -.7 Sept. 22 ______------______123.8 101.1 95. 8 22.7 May 9 ___ ------__ ------170.2 176.4 168.4 -6.2 Sept. 29 ___ ------______124.5 97.9 92.1 26. 6 May 16 ______------170.0 178.0 170.0 -8.0 Oct. 6 __ -- ______------______98.9 93.5 177.2 187.6 179.6 -10.4 Oct. 13 ______124.8 25.9 May 23 ___ ------127.0 99.1 93.0 27.9 May 30 ___ ------177.8 192.7 183.9 -14.9 96.5 Oct. 20------125.3 89.0 28.8 June 136 ______------176.0 180.8 170.5 -4.8 Oct. 27 ______~ ______126.2 96.7 88.7 29.5 175.2 177. 2 168.7 -2.0 Nov. 3 ______:______123.8 97. 8 89.8 25.0 June 20 ______~------______166.7 165.9 156.9 · +.8 Nov. 10 ______------___ _ 118.7 97.5 89: 5 21.2 166. 7 • ' 165. 5 156.3 +1.2 Nov. 17 ______: ______June '4'------~------117.0 97.5 89.3 19.5 July 4_------·- ~ ------157.6 158.9 149.4 1.3 1928 CONGRESSIONAL RECORD-HOUSE 7669

WHEAT-continued WHEAT-{!ODtinUed Weigkted a'Verage ca.sh sales No. 1 dat·k no-rthern BPring wheat in Min­ Weighted average eash sales No. 1 dark northet·n spritlg wheat i-n Min­ neapolis, ana av erage caah closing No. 1 and No. 3 Manitoba northenJ. neapolis, and average cash closing No. 1 and No. 8 Manitoba northern wheat in Winnipeg, July, 1928-ApdL, 1928---Continued wlteat in Winnipeg, July, 1923-Apr-il, 1928-Continued

Winnipeg Di1Ier­ Winnipeg Differ- l------l ence be­ I------t ence be­ tween tween No.1 lJ.~f dark Minne­ northern Minne­ apolis apolis northern Crop year Minne­ Crop year Minne­ dark apolis dark No.1 No.1 No.3 No.1 No.3 apolis and No. 1 No. I and No.1 Manitoba Manitoba northern northern Winni- Winni­ peg peg ------1----1------1925 Cents per Cents per Cents per Cwtsper 1927 Cents per Grots per Cents per Gems per Week ending- bushel bushel bushel bushel Week ending- bushel bushel bushel bu3hel July 1!______------159. 8 160.9 150.9 1.1 July 29 ___ ------: __ ----- 161.0 162. 0 154. (/ -1.0 July 18 ______-.----- 172.0 166.8 158.7 5. 2 Aug. 5 __ ___ ------_ 155.0 157.0 145.0 -2.0 July 25 ____ ------170.3 161.9 154.1 8.4 Aug. 12 ______------160. 0 163.0 150.0 -3.0 .Aug. 1 ______------16!!. 8 ..160 . 9 152.9 8. 9 Aug. 19. __ ------­ 154.0 163.0 145.0 -7.0 Aug. 8 ___ ------175.7 171. 2 164. 4 4.5 Aug. 26. __ ------149.0 159.0 143.0 -10.0 Aug. 169.2 168.8 162.9 . 4 Sept. 2 ______144.0 154.0 137. 0 -10.0 15.------Sept. 9 ______• ______• ______Aug. 22 ___ ------_ 168.7 170.7 162. 3 -2.0 143.0 152.0 136.0 -9.0 Aug. 29 •• ------166.2 163.2 154.7 +3.0 Sept. 16.------136.0 142.0 129.0 -6.0 Sept. 5. _____ ------163.0 1'52. 2 146.6 10.8 Sept. 23 ______------134.0 142.0 128.0 -8.0 Sept. 12_ ------159.6 146.2 138.4 14.4 Sept. 30 ______------136.0 142.0 130.0 -6.0 Sept. 19_------160. 2 135.6 130.2 24.6 Oct. 7------133.0 142.0 129.0 -9.0 Sept. 26 ______------156.2 128.4 123. 2 27.8 Oct. 14 ______------136.0 147.0 130.0 -11.0 Oct. 3 _____ ------151. 5 121.0 116.1 30.5 Oct. 2L _____ ------. ______-----__ _ 137. 0 147.0 127.0 -10.0 Oct. 10. ______• ______-155.5 124.0 118.9 31.5 131.0 141.0 122.0 -10.0 Oct. 17 ______-----______Oct. 28 _____ ------159.5 126.2 119.0 33.3 Nov. 4 __ ------­ 132.0 141.0 121.0 -9.0 Oct. 24------______160.5 128. 2 120.0 32.3 Nov. ll_ ------­ 135.0 141.0 122.0 -6.0 Oct. 3L.------162.7 133. 4 125.3 29.3 Nov. 18.------133.0 148.0 126.0 -15.0 163.7 136. 1 129.4 27.6 134.0 150.0 128.0 -16.0 Nov. 7 _------__ Dec.Nov. 225_____ . ------• _____ •______• ______------______Nov. 14. ------~-- 163. 8 137.0 130. 5 26.8 134. 0 144.0 125.0 -10.0 Nov. 21_ ------_ 167. 3 141.9 134.7 25.4 Dec. 9------137.0 143.0 125.0 -£.0 171.0 151.3 144. 8 19.7 Dec. 16 ______123.0 Nov. 28.------Dec. 23 ______137.0 139.0 -2.0 Dec. 5 ____ ------178.8 161.5 155.2 17.3 138.0 138.0 123.0 .0 Dec. 12 ______------177.8 159.4 150.6 18.4 Dec. 30 ______------______138.0 138.0 122.0 .o Dec. 19 ______------173.5 152.1 143.8 21.4 Dec. 26 _____ ------173.5 149.6 141.5 23. 9 1928 Week ending- · 1926 Jan. 6. ______•• _____ ------142.0 140.0 123.0 -2.0 Week ending- Jan. 13.------___ _ 139.0 141.0 1'1:2.0 -2.0 Jan. 2_------184.8 159.9 151.5 24.9 Jan. 20------­ 142.0 145.0 123.0 -3.0 Jan. 9------183.3 158.7 149.0 24.6 Jan. 27------145.0 144.0 123.0 1.0 177.0 155.2 144. 7 21.8 Feb. 3 ______------______---- 141.0 122.0 Jan. 16.------~------Feb. 10 ______143.0 2. 0 Jan. 23------_ 176.0 155.4 144.9 20.6 140.0 140.0 122.0 .0 Jan. 30_------177.0 156.6 145.5 20.4 Feb. 17------­ 140.0 141.0 123.0 -1.0 Feb. 6------180.2 159.9 148. 9 20.3 Feb. 24------_ 145.0 144.0 126.0 -1.0 Feb. 13 ____ ------170.8 154.7 144. 1 16.1 Mar. 2_ ------­ 145.0 145.0 127.0 .0 14.3. 3 17.7 Feb. 20 ______------_. _------171.0 163. 3 Mar. 9 __ ------­ 148.0 147.0 129.0 1.0 Feb. 27------173. 6 150.9 141.1 '1:2. 7 Mar. 16.------­ 145.0 148. 0 130.0 -3.0 Mar. 6_ ------166.7 144. 2 134.6 22. 5 Mar. 23.------­ 147.0 149.0 132. 0 -2.0 Mar. 13.------170.3 147.5 137.3 22. 8 Mar. 30_ ------147.0 149.0 132.0 -2.0 Mar. 20_. ------169.5 150.6 139.5 18.9 Apr. 6------___ _ 151.0 151.0 135.0 .o 161.5 149.6 138. I 11.9 Apr. 13 ______----______152.0 153.0 139.0 -1.0 Mar. 27------Apr. 2() ______•• ______Apr. 3 _____ ------162. 8 151.2 139.2 11.6 167.0 159.0 146.0 8.0 Apr. 10.------163.5 153. 2 141.3 10.3 Apr. 17 ------169.7 157. 4. 146.2 12. 3 Apr. 24. ___ ------______169.7 160.9 150. 0 8.8 Mr. ABERNETHY. Mr. Chairman, I move to strike out the May L _------. 167. 0 108.6 148.0 8.4 May 8 ___ ~------165.0 154. 2 144.5 10. 8 last word. M ay ]5_------164. 8 154.0 144.7 10.8 Mr. GARRETT of Texas. Mr. Chairman, I make the point May 22 __ ------163. 7 152.9 143.6 10.8 c,f order that all discussion upon this amendment is exhausted M ay 29.------163. 7 153. 7 145.1 10.0 June 5 __ ------163.4 151.0 141.9 12.4 under the rules of the House. · June 12. _ ------____ 173.8 154.7 145. 7 19.1 The CHAIRMAN. The gentleman from North Carolina has June 19. _ ------171. 5 154.2 145. 6 16.7 June 26. _------162. 7 152.2 142.9 10.5 mo...-ed to sh-ike out the last word. If the gentleman will con­ June 30------_ 161.0 151.8 142.2 9. 2 fine his point of order to the particular amendment, the Chair Month ending- would ustain it. July, 1921L ------175 159 150 16 August, 1926 . ------156 151 138 5 Mr. GARRETT of Texas. Then the gentleman must confine September, 1926 ______------148 144 134 4 his argument to the last word. October, 1926.------153 143 136 10 November, 1926 ______148 141 131 7 The CHAIRMAN. The Cha,ir recognizes the gentleman from December, 1926.------148 134 123 14 North Carolina. 1927 Mr. ABERNETHY. Mr. Chairman and gentlemen of the Houge, I have been a consistent supporter of this legislation, Month ending January, 1927------147 136 123 13 including the equalization fee, frQm its very inception. I was Week ending- Feb. ll ______------___ ------__ 146.0 139.0 126.0 7.0 the one man in the southeastern section of the country who Feb. 18 ______------146.0 139.0 127.0 7.0 voted for it the first time the matter came before the House. Feb. 25 ______• _____ ------_•• 146.0 140.0 127.0 6.0 My district was the only one in the southeastern section of the Mar. 4.------146.0 143.0 130.0 3.0 Mar. 1L ------146.0 145.0 133.0 1.0 United States that voted for the Haugen bill with the equaliza­ Mar. 18.------142. 0 143.0 130.0 -1.0 tion fee the first time it was considered. [Applause.] I have Mar. 25_ ------138.0 141.0 128.0 -3.0 followed you gentlemen for all these years with the promise Apr. l_ ___ ------139.0 143.0 130.0 -4. 0 Apr. 8. ____ ------140.0 145.0 132.0 -5.0 that you were going to get some farm-relief legislation. The Apr. 15 _____ ------139.0 143. 0 131.0 -4.0 thing that concerns me now is that you are going to put this 142.0 146.0 133.0 -4.0 Apr. 22 ____ ------very same thing up to the President of the United St~tes in Apr. 29 ______------144.ll 147.0 135.0 -3.0 May 6. ___ ------149.0 151.0 141.0 -2.0 the same way you have had it before, and that we are going May 13 ______152.0 153.0 144.0 -1.0 to have a veto and have not sufficient votes to override the May 20------153.0 153.0 144.0 0.0 May 27 ___ ------159. 0 161.0 151.0 -2.0 veto, and we will not be able to get any legislation. June 3 ______----- ______161.0 164.0 152.0 -3.0 June 10 ______.: That is what confi·onts me. I never have liked the equaliza­ 159. 0 161.0 149.0 -2.0 tion fee, because I could never see the necessity in taxing the June 17------158.0 162.0 149.0 -4.0 J unc 24... ______------157.0 161.0 150.0 -4.0 farmer when the Government would take care of the losses. July L. _------153.0 159.0 149.0 -6.0 I have heretofore voted for the bill because it seemed all we July g __ ------158.0 163.0 153.0 -5.0 July 15 ______------160.0 163.0 153. 0 -3.0 could get. The thing I can see in the insistence of the equal­ July 22 ______• __ ------__ • _ 156.0 162.0 154.0 -6.0 ization fee being in the bill is that it may help nominate 767.0 CONGRESSIONAL. RECORD-HOUSE l\fxy 2 somebody for President on the Republican side. [Laughter United States, and an equalization fee will do if. It will do and applause. J I think I will vote for the bill in the form it that, and in that way it will guarantee the producers of cotton reaches the House, in some form or other ; but if I can keep a fair and just price for their commodity. You can not do it in the gentleman from Louisiana [Mr. AswELL] to his text and any other way. This bill will have the same effect on wheat keep the gentleman from New Jersey [Mr. FoRT] from under­ and every o-ther commodity that is embraced in it. It is unity taking to change the Aswell substitute, I think the proposition that we need, a great big union of all the farmers of the United now before us without the equalization fee is the best bill that States. has been proposed in the House and will give relief and will And that is my answer to the gentleman from Massachusetts become a law. [Applause.] [Mr. LucE] ; and, by the way, he has more sense on this tBan a Then if we want the equalization fee in the December ses­ lot of the rest of you who say it will not raise the price. He is sion, we can provide it if we find it necessary. Why not do against the bill because it will add $40 per year to the cost of that? Why is not that the sensible thing to do? I do not care each family's living in the cities. It goes into the pockets of whetller :Mr. Lowden or Mr. Hoover is nominated on the Repub­ the farmers, the men who produce the commodity. They will lican ticket. The Democrats are going to have the next Presi­ get that additional money. The gentleman knows this bill with dent of the United States, anyhow. [Applause.] the equalization fee in it will raise the price of farm products. Mr. FULBRIGHT. Mr. Chairman, will the gentleman yield? We are going to get it through the equalization fee, and you will l\1r. ABERNETHY. I will be glad to yield. not get it in any other way. This other method also will do l\ir. FULBRIGHT. I have heard the opposite side of the some good. I know it will help a lot. But what good will it do House chided frequently because it was afraid of a veto by the if you have only 10 per cent of the producers of a commodity President. I do not understand why we should follow the in the union? The equalization fee will put every single pro­ President on an agricultural bill and not follow him on any­ ducer in this union. I do not mean he will join, but the fact thing el e. that the fee is placed on what he sells has the same result ·and Mr. ABERNETHY. I think the $400,000,000 revolving fund effects, and consequently all of that cotton or other commodity provided in the bill will take care of the cotton and other will bring a much higher price. Through the workings of this situations in the South. I can see that. _ bill the purchasers are forced to deal and bargain with all of the Mr. ARENTZ. Mr. Chairman, a parliamentary inquiry. producers instead of a small per cent as at present. The CHAIRMAN. The gentleman from North Carolina can The equalization fee will put every single producer in this big not be taken off his feet by a parliamentary inquiry. union and it will have the effect of giving him a fair price for Mr. ARENTZ. Will the gentleman yield? his products. You can drive along and with your whip hit one Mr. ABERNETHY. I will ask the gentleman not to in­ hornet and it will not hurt anything, but if you hit a hornets' terrupt me now, as my time is so limited. nest with a thousand hornets it it you will be stung to death. Gentlemen, I do say in all seriousness that I am going to When these farmers are organized, like that nest of hornets is vote for some kind of farm relief this Congress, and I appeal organized, they will be able to receive a fair reward for their to you, unless you have some assurance that we can get this toil. As it is now, our helpless farmer, by himself, is at the bill enacted into law with an equalization fee in it, why dO' mercy of the purchaser. you put us in the position of constantly voting for something Who is it that is afraid to stand up, take a chance, and vote and getting nothing through Congress? We ought to get for the farmers of this country? Those of us who live among together and get some relief here. If we can get the opponents the cotton producers know that if a farmer realizes that by the of farm relief to give us a revolving fund of $400,000,000 and payment of a fee of $10 a bale, under the equalization fee, he the machinery of the Haugen bill, and it looks as though will recover $25, he will be happy, and that is what is going to it would become a law and give us what we need, why not be the result. The men who have studied this question know do this? that is true and they ru·e all for this bill. All of the organizers l\Ir. FULBRIGHT. Did the gentleman take that position throughout this country, representing sensible and patriotic on the flood control bill? farm organizations, are for this equalization fee. So do not fall Mr. ADKINS. 1\Ir. Chairman, will the gentleman yield? out among ourselves and tak~ the vitals out of this bill. The­ Mr. ABERNETHY. Yes. real, vitalizing force, the real element in here to safeguard the Mr. ADKINS. You do not think it would be a proper thing, producers of this country, who work in the rain, in the sun, do you, for Congress to go and ask the President whether he sweat all day long, and wear old, dirty clothes in order to feed would sign a bill that he had never seen, and when we had us, is the equalization fee. These producers ought to be pro­ met 9% of his 10 objections would we not have a pretty good tected through the equalization fee, and this Haugen bill with gambler's chance? the equalization fee in it, is the vitalizing force which will 1\Ir. ABERNETHY. Can you give me the assurance that make the farmers of this country receive a fair and just price the President will sign the bill with the equalization fee in it? for their products. [Applause.] Mr. ADKINS. Do you think the President could tell me The CHAIRMAN. The time of the gentleman from Missis­ his opinion of something he had never seen? sippi has expired. Mr. ABERNETHY. It looks to me as though we were just Mr. HAUGEN. Mr. Chairman, I desire to renew my request going on and not doing anything. I want farm relief at this that all debate on the pending amendment and on all amend­ session. [Applause.] ments thereto close at 3 o'clock. l\1r. QUIN rose. The CHAIRMAN. The gentleman from Iowa asks unanimous The CHAIRMAN. The gentleman from Mississippi is recog­ consent that all debate on the pending amendment and all nized. amendments thereto close at 3 o'clock. Is there objection? l\lr. KINCHELOE. Mr. Chairman, I want to make a point Mr. GARRETT of Texas. Mr. Chairman; I object, and make of order against the proposed amendment before the gentleman the point of order that all debate on the pending amendment is closes. closed. l\lr. QUIN. I will close this debate right now. [Laughter.] The CHAIRMAN. The gentleman from Texas objects, and The Aswell amendment must be killed. makes the point of order that all debate on the pending amend­ Mr. Chairman and gentlemen, I never have in my long ex­ ment is closed, and the Chair sustains the point of order. perience, having joined the Farmers' Alliance in 1887, and Mr. LAGUARDIA. :Mr. Chairman, I have a perfecting amend­ worked for the farmers' interests up to this hour, seen anything ment. On the first line of section 1, after the word "inter­ like unity among the farmers when their safeguards and pro­ state," insert a comma and the word "domestic," so it will tection of their rights are concerned. They all want to do what read "in ord&· to stabilize the current of interstate, domestic, is right. Even their friends, some educated at colleges and and foreign commerce," and on that I ask recognition. universities, and some educated in the schools of adversity, can The CHAIRMAN. Without objection, the pro forma amend­ not agree, after all these years and weary months, on what ment will be withdrawn. should be done for the farmer. For my part I am for this There was no objection. McNary-Haugen bill. [Applause.] I am for this bill with an The CHAIRMAN. The gentleman from New York offers an equalization fee in it. [Applause.] . amendment, which the Clerk will report. I will tell you what the equalization fee means. Yes; we are The Clerk read as follows : going to take the $400,000,000, but that will not do the work Amendment offered by Mr. LAGUARDIA: On page 31, in line 1, after unless you have the vitalizing power of a great union. The the word "interstate," insert a co~ma and the word "domestic." equalization fee forces the producers of a commodity all the . way from the Atlantic to the Pacific Oceans to pay the equaliza­ Mr. FORT. Mr. Chairman, I make a point of order. We are . not reading page 31. tion and thus become members of this union. I belong to a section of country where we produce cotton. Are my cotton Mr. LAGUARDIA. No; this is on the substitute offered by friends here afraid to put on an equalization fee? I want this the- gentleman from Louisiana. bill to take in and comprehend every bale of cotto-n in the Mr. FORT. Then it comes on p~ge 1 of the substitute. 1928 CONGRESSIONAL RECORD-HOUSE 7671 Mr. LAGUARDIA. It is an amendment to section 1 of the Mr. BURTNESS. And would not wheat have to increase at substitute offered by the gentleman from Louisiana. least 80 cents a bushel in order to justify an additional 1 cent Mr. FORT. That is page 1. in the price of a loaf of bread? Mr. LAGUARDIA. There is no page to a substitute. Mr. LAGUARDIA. l\Iore than that. An honest baker, such Mr. FORT. The gentleman offered it in printed form. as Cushman's Sons (Inc.), of New York City, gets 366 loaves of Mr. LAGUARDIA. The gentleman knows what I mean. br.ead out of one barrel of flour; that is, 366 loaves of honest Mr. FORT. Well, I want the r~ord straight, so we will bread and not pne~matic bread. There are 4 bushels and 10 know what we are talking about. pounds of wheat, as a gentleman has informed me, in a barrel The CHAffiMAN. The Clerk will again report the amend­ of flour, and the price would have to go 83 or 84 cents above ment. the highest price we have had since the war; not 83 cents The Clerk read as follows: above the price now, but above the highest price we have had since the war, before it would replace 1 cent a loaf, and I am Amendment offered by Mr. LAGUARDIA: Page 1, line 1, of the Aswell talking of honest bread, both in weight and contents. amendment, after the word "interstate" insert a comma and the Gentlemen, I do not want to take any more time, but I ask word "domestic." the cooperation of the committee when the proper time comes. · Mr. LAGUARDIA. In order to comply with the wishes of [Applause.] the gentleman from Texas [Mr. GARRE'IT], I will talk only to I ask· unanimous consent, Mr. Chairman, to withdraw my ruy amendment, Mr. Chairman. I want to point out to my pro forma amendment. friends representing farming districts that they are deceived The CHAIRMAN. Is ther6 objection to the request of the if they take the number of loaves of bread that are baked in gentleman from New York? the United States .every day and seek to ascertain how much There was no objection. flour is consumed. I want to point out to the gentleman from Mr. HAUGEN. Mr. Chai:rman, I move that all debate on the New Jersey, who the other day I'eferred to the possible in­ Aswell amendment and all amendments thereto close at 3 crease in the price of bread if wheat were placed in operation o'clock. under the bill, that be fails to take into consideration the fact The motion was agreed to. that the people of the cities-New York and Washington-no Mr. WRIGHT. l\Ir. Chairman, I offer an amendment. :Longer have wheat bread, but are eating mostly pneumatic The CHAIRMAN. The gentleman from Georgia offers an bread. Here is a typical loaf that the gQod women of Wash­ amendment, which the Clerk will report. ington bought this morning at the market for 9 cents, sup­ The Clerk read as follows: posedly for the purpose of giving their families wheat bread. Amendment offered by Mr. WRIGHT: On page 7; in line 16, of the It looks dainty, and it looks sanitary, and is supposed to Aswell amendment insert the following: "To banks and to associations weigh 1 pound, but, gentlemen, there is your wheat [com­ or corporations organized by farmers or others under the laws of any pressing loaf with his hands]. Here is another brand [com­ State." presses loaf, then releases loaf, which blows back to its normal size]. In the old days a mother used to give her child a piece Mr. WRIGHT. Mr. Chairman and gentlemen of the com­ of bread to munch and a rubber ball to bounce, but now th~ mittee, under the terms of this bill this revolving fund of child bounces the bread and munches the rubber ball. $400,000,000 can not be loaned except to cooperative associa­ Again, I appeal to the committee to give us the protection tions or to corporations organized by cooperative associations. we ask when the time comes. In the seven minutes I had In other words, the only concerns in the United States that are yesterday I urged it, and at the proper time permit us to put eligible to borrow one dollar of this revolvjng fund would be a in an amendment that will prot~t the consumers of the cities cooperative marketing association or a corporation organized against their own thieves and their own profiteers because we by such association. have them in the cities and they are bound to use the farm Gentlemen, it has been stated here that the cooperative asso­ relief hiw as a pretext, to further exploit the consumers. ciations of the United States on the average do not represent Imagine, gentlemen, under present conditions how the con­ over 7 per cent of the commodities produced. Take the Stat~ sumers are deceived, imposed upon, and cheated. These loaves of Georgia as an illustration. They have what is known as a of bread are underweight. They are puffed up to look the nor­ cooperative cotton association and I am informed that perhaps mal size so as to deceive the eye. The paraffin paper protects not over 3 or 5 per cent of the cotton produced in Georgia the loaf from losing its puffed and inflated size. So that is represented in &e membership of that association, and besides getting heavy paraffin paper for the price of bread, the yet this bill provides that no person or company or corpora­ consumer gets air for wheat. Those loaves are typical. I have tion in Georgia except that cooperative association, or a cor­ repeatedly found underweight in the run of bread sold daily in poration organized by it, shall be eligible to borrow any of this my city. fund. Once a commodity· goes into operation, just as sure as night My amendment proposes to enlarge the eligibility and include follows day the profiteers in the cities will get busy and banks and associations or corporations organized by farmers artificially enhance the price of our food and blame your law or others under the laws of any State. The loans, of course, for it. Just as the baker in this case puts air in the bread and to be confined to agricultural products, just as the bill pro­ weighs paraffin paper for bread and sells it for white wheat vides; in other words, the banks and other corporations or :u~so­ bread, they will put in more air and take out more wheat and ciations which might borrow from this fund would operate charge us more money and blame your law for it. just as a cooperative association would operate under the re­ Mr. BURTNESS. Will the gentleman yield? quirements of the bill; that is, use it for the specific purposes Mr. LAGUARDIA. Certainly. set out in the bill. Mr. BURTNESS. Does the gentleman know how much the You can see, gentlemen, that many farmers might prefer, farmer got for the wheat in that loaf of bread? if they proposed to carry or hold their products, to borrow from Mr. LAGUARDIA. He got about as much as the man got a bank or from some association or. corporation other than a for the paraffin paper. marketing association. Mr. BURTNESS. A little over 1 cent, or 1.15 cents at the Mr. ARENTZ. Will the gentleman yield? outside. Ur. WRIGHT. Yes. Mr. LAGUARDIA. Yes; if it is honest bread; but in such 1\fr. ARENTZ. Subsection (c) of section 5 specifically pro­ bread as I have here he got much less. vides that any corporation created and controlled by one or Mr. BURTNESS. Yes; if it is a pound loaf. more cooperatives shall come under the provisions of the bill. Mr. LAGUARDIA. Yes; but the way it is pumped with air 1\Ir. WRIGHT. I understand that. and the way it is baked, he did not get that much. Mr. ARENTZ. How does the gentleman interpret the wonl Mr. ANDRESEN. Will the gentleman yield? " corporation " ? Mr. LAGUARDIA. Yes. Mr. WRIGHT. I interpret it that no corporation organized Mr. ANDRESEN. Does the gentleman feel that his amend­ under any law can borrow one dollar of this money unless the ment will take care of this situation? corporation is organized by a cooperative association; in other Mr. LAGUARDIA. I think if we put the amendment on words, it would be a subsidiary of some cooperative that would wholesalers, commission merchants, jobbers, and bakers who be under the direct control of the coD"peratives. artificially enhance prices when a commodity is in operation 1\Ir. ARENTZ. The gentleman said that the parent company under the law, and provide a punishment for the offense, we in existence in the State of Georgia would have to control the will at least do all we can under the circumstances. organization that would come under these provisions. Mr. BURTNESS. Will the gentleman again yield? Mr. WRIGHT. Absolutely, under the terms of this bill. Mr. LAGUARDIA. I yield to the gentleman. Mr. ARENTZ. Was that brought out in the hearings? 7672 CONGRESSIONAL RECORD-HOUSE ~fAY 2 Mr. WRIGHT. I do not know. It is in the bill. That is the 1\lr. HASTINGS. May I h1quire whether the Agricultural plain language of the bill. Committee considered this amendment? l\11·. ARENTZ. I wish the gentleman would p-oint it out to 1\Ir. HAUGEN. There was not very much consideration me, becau e I would like to see that. given to it. Mr. WRIGHT. If the gentleman will turn to the Aswell 1\lr. BOWMAN. Will the gentleman yield? amendment, page 7, section 5, he will see that there can not be 1\lr. HARRISON. Yes. any question about it. No company, no corporation, and no l\fr. BOWMAN. I have had a number of requests from apple association in the world is eligible to borrow one dollar of this growers in my State asking consideration of the Neely amend­ money except a cooperative association or a corporation organ­ ment, which took the fruit growers out from under the equali­ ized bY such an association. zation fee, but kept it in the marketin·g provision of the bill. 1\'Ir. ·FORT. Will the gentleman yield? Mr. HARRISON. Yes; I had a resolution sent me from the 1\'Ir. WRIGHT. Certainly. Horticultural Society of the State of Virginia asking that apples • Mr. FORT. There is also a provision for loans for the pur­ be eliminated from all features of the bill. I think I have po e of establishing agricultural credit corporations, which some telegrams from West Virginia fruit growers. I have from meets the exact objection the gentleman is now raising. the adjoining territory in Virginia. 1\lr. WRIGHT. Point that out in the bill, please. The CHAIRMAN. The time of the gentleman from Virginia Mr. FORT. It is ubdivision (c) of ection 5, I think. has expired. All time has expil'ed, and the question is on the 1\Ir. ·wRIGHT. Of the Aswell bill? amendment offered by the gentleman from Virginia [l\1r. HARRI­ Mr. FORT. Yes; it is the same section in both bills. soN] to the amendment of the gentleman from Louisiana [1\lr. l\fr. WRIGHT. Under the provision which the gentleman AswELL]. cite no part of the revolving fund could be borrowed originally The question was taken, and the amendment was agreed to. except by a cooperative a;osociation. or corporation created and The CHAIRMAN. The question now is on the amendment controlled by one or more cooperative associations for use as offered by the gentleman from Louisiana [Mr. AswELL]. capital for any agricultural credit corporation eligible to receive The question was taken ; and on a division (demanded by discounts under section 202 of the Federal farm loan act, so Mr. CRISP) there were 121 yeas and 101 nays. that a cooperative association or corporation created and con­ l\ir. HAUGEN and Mr. ANDRESEN demanded tellers. trolled by one or more such associations would first have to Tellers were ordered, and the Chair appointed as tellers Mr. borrow from the board and in turn loan for use as capital for HAUGEN and 1\ir. ASWELL. au agricultural credit corporation. The committee again divided; and the tellers reported that Mr. FORT. Subsection 3 of paragraph 2 of 5a. In the ot·ig- there were 141 yeas and 120 nays. . inal bill it is page 38. So the amendment of Mr. AswELL as a substitute was The CHAIRMAN. The que tion is on the amendment offered agreed to. by the gentleman from Georgia [Mr. WRIGHT]. The Clerk read a follows : The question was taken; and on a division (demanded by Mr. FEDERAL FA.RM BOARD .WRIGHT) there were 32 ayes and 88 noes. So the amendment was rejected. Smc. 2. (a) A Federal farm board is hereby created which shall con­ Mr. HARRISON. 1\Ir. Chairman, I offer the following amend- sist of the Secretary of Agriculture, who shall be a member ex officio, and 12 members, one from each of the 12 Federal land-bank districts, ment, and as I understand there is no objection to it. who shall be appointed by the President of the United States, by and The CHAIRMAN. The Clerk will report the amendment. witll the advice and consent of the Senate. The Clerk read as follows: (b) The term ~ of office of the appointed members of the board first Amendment by Mr. HARRISON to the Aswell amendment: Page 23, taking office after the approval of this act, shall expire, as designated line 4, after the word " act," insert " agricultural commodities means by the President at the time of nomination, 4 at the end of the second an agricultural commodity which is not a fruit." year, 4 at the end of the fomth year, and 4 at the end of the sixth Mr. HARRISON. l\Ir. Chairman and gentlemen, what I want year, after the date of the approval of this act. A successor to an to do by this amendment is to exclude from the bill the apple appointed member of the board shall be aPpointed in the same manner industry. That was done in the Senate. I have tile con ent of as the original appointed members, and shall have a term of office the chairman of the committee [Mr. HAUGEN] and I have the expiring six years from the date of the expimtion of the term for which his predecessor was appointed. consent of the gentleman from Louisiana [~r. AswELL] to offer this amendment. It has been submitted to both of them. (c) Any person appointed to fill a vacancy in the board occurring . Mr. COCHRAN of Missouri. Does the gentleman include prior to the expiration of the term for which his pr·edecessor was ap­ vegetables? pointed shall be appointed for the remainder of such term. 1\Ir. HARRISON. No; but I am perfectly willing that it shall (d) Any member of the board in office at the expiration of the term be put into the amendment. for which he was appointed may continue in office until his successo!· 1\Ir. ANDRESEN. Does the gentleman mean that he qoes not takes office. want fruit in the cooperative provisions? (e) Vacancies in the board shall not impair the powers of the remain­ .Mr. HARRISON. Yes; I don't want it to be in the bill at all. ing members to execute the functions of the board, and a majority of Mr. KINCHELOE. Will the gentleman yield? the appointed members in office shall constitute a quorum for the Mr. HARRISON. I will. transaction of the business of the board. (f) Each of the appointed members of the board shall be a citizen 1\Ir. KINCHELOE. The gentleman's amendment strikes out of the United States, shall not actively engage in any other business, the provisions Qf the equalization fee as applicable to fruit, but vocation, or employment than that of serving as a member of the board, it does he want taken out of the loan provisions? and shall receive a salary of $10,000 a year, together with necessary it 0 1 Mr. HARRISON. Yes; I want to be It of the whole bill. traveling expenses and expenses incm·red for subsistence or per diem 1\Ir. BANKHEAD. Will the gentleman yield? · allowance in lieu thereof, within the limitations prescribed by law, Mr. HARRISON. I yield. while away from the principal office of the board on busine s required Mr. BANKHEAD. There was so much confusion that we by this act, or if assigned to any other office established by the board, could not hear very well. I understood the amendment of the then while away from such office <¥1 business required by this act. - gentleman to apply to the apple industry. Mr. HARRISON. No; to fruit. But, of cour e, it includes 1\lr. ASWELL. 1\Ir. Chairman, I move to strike out section 2. the apple industry. I use the words of the Senate bill, and 'Fhe CHAIRMAN. The question is on the motion of the purposely do so. gentleman from Louisiana to strike out the section. Mr. BAl\"'KHEAD. It applies -to fruit of all descriptions. Mr. RAMSEYER. Mr. Chairman, on that I desire to be 1\lr. HARRISON. Yes. heard for a moment. I simply wish to explain to the Members Mr. BANKHEAD. Now, I understand that that amendment of the House just what the parliamentary situation is so tbat is agreeable to the chairman of the Agricultural Committee we can vote intelligently upon the different sections as they [Mr. ·HAUGE!'{] and the gentleman from Louisiana [Mr. will be read in the Committee of the Whole under the five­ AswELL]? minute rule. The gentleman from Louisiana (Mr. AswF:LL i Mr. HARRISON. Yes; I have submitted it to them both. offered an amendment to section 1 by way of a sub. titute, 1\Ir. HAUGEN. I want to say that a number of people who which bas been adopted. He states. and we agree it is the f1.1ct, are apple growers came before the committee and requested that it is the same as the Haugen bill except that the equaliza­ that the bill be limited as far as they were concerned. As far tion-fee provisions are eliminated. Under t11.e rules of the as I am concerned I shall make no objection to the gentleman's House, his amendment having been_adopted, it doe· not do away amendment. I think it should be limited to apples, however, with the necessity for reading and considering the rest of the because the apple growers are the ones who requested it. There bill. In other words, only section 1 of the bill before us is out. are also some apple growers who would like to have it in the The substitute of the geotleman from Louisiana is in lieu blll. but I am not taking any position in regard to it. of section 1. There is nothing to pt•event, and it is entirely in 1928 CONGRESSIONAL RECORD-- HOUSE 7673 order a each section ts read, to offer perfecting amendments to Mr. RAMSEYER. The Committee of" the Whole, it is true, each section of the bill as it is reached for consideration. You has adopted the Aswell amendment. It is true that in the mo ·t may have the situation at the close of the consideration of the part the A well amendment is as the bill before us. But how lJill in the Committee of the Whole under the five-minute rule are you going to get rid of section 2 and section 3 when we of every section in the Haugen bill being retained in the bill come to them? You must concede that the only thing that has with perfecting amendments except, of course, section 1 which been stricken out of the bill up to this point is section 1, and J1a already gone out, and also have the substitute of the gentle­ the amendment offered by the gentleman from Louisiana [Mr. man fiom Louisiana [Mr. AswELL] in the bill. But the rules AswELL] is only a substitute for section 1. It i not a substi­ will take care of that situation, because when we go back into tute for the rest of the bill. the House we wm have a separate vote or can have a separate Ur. CANNON. Every clause in the substitute is identical vote on the amendments adopted in the Committee of the Whole. with the section under consideration. Adoption of the original \Ve can have a roll call on the amendment just adopted, offered language of a section in the form of a substitute is tanta­ by the gentleman from Louisiana as well as on every other mount to striking out such section. amendment that shall be adopted hereafter. I should think the The precedents contain decision after decision, holding that proper procedure for the proponents of this legi lation would a matter having once been adjudicated can not be opened again be to insi t on the retention of the remaining sections of the for consideration, and the original section having been up­ Haugen bill in the bill, and if any of you bave any amendments planted by a substitute which can not be amended has in effect to offer, you can offer them- Of course the gentleman from been stricken from the bill. Louisiana has served notice, and be will undoubtedly carry out :Mr. ADKINS. Section 1 ha been stricken out, and the hi. intentions, as each section is read, that he will move to Aswell bill adopted in its stead. !;trike it out. Pending such motion to strike out, perfecting Mr. CANKON. That is right. amendments will be in order and may be adopted, and then Mr. ADKINS. While that amendment was pending it was the Committee of the Whole can vote down the motion of the germane then to offer amendments to the amendment, but after gentleman from Louisiana to strike out the section. it is adopted, how can you do anything more? ::\lr. HOCH. Mr. Chairman, will the gentleman yield? 1\lr. CANNON. The gentleman is right. Those who desire Mr. RAMSEYER. Yes. to propo e amendments have had their opportunity, but ha'Ze Mr. HOCH. In addition to that, unles we perfect these slept on their rights, and the substitute having been perfected ub~equent sections, when we get into the House and a separate and adopted it i now too late for further modification. vote i. asked for upon these motions to strike out, we would l\lr. RAMSEYER. If the gentleman is correct about that, only have the choice between striking out and leaving the sec­ what is the parliamentary procedure from now on? tion as it i. in the bill, and would ha Ye no chance then to bave ::\lr. CANNON. The committee reports the ection to the the section perfected. House. Mr. RAMSEYER. That is the fact. Suppose this is the Mr. RAMSEYER. But the bill has not been read. Not .·ituation that would get into the House. We have the amend­ only the rules of the House, but the special rule under which ment of the gentleman from Louisiana [Mr. AsWELL] . 'l'hen we are operating directs that the bill shall be treated as an UlJJ.:>OSe his motion to strike out the sections as we come to them original bill; that is, the committee substitute; and that it one by one prevail. You can get a separate vote, fi1·st, on the shall be read for amendment under tbe five-minute rule. amendment offered by the gentleman from Loui.'iana, which has You have read the first section under the five-minute rule, ju. t been adopted, and you can also get a separate vote on and no other section. I do not care how much alike they are. each motion to strike out each separate section of the bill. So far as the Committee of the Whole is now informed, we Mr. KINCHELOE. Mr. Chairman, will the gentleman yield? have no information that the substitute is identical with the l\Ir. RAMSEYER. Yes. original bill except a we have been advised by a ::\fember of 1\lr. KINCHELOE. And the vote will be, of course, upon the House. the ections a modified, if they are amended in the Committee Mr. CANNON. That very que tion was passed upon by the of the Whole. gentleman from Massachusetts [Mr. LucE] the other day when Mr. RAMSEYER. 'Ibat is correct. That is all I care to say. presiding over the Committee of the Whole. He held-- Mr. BURTNESS. Mr. Chairman, will the gentleman yield? l\lr. RAMSEYER. Yes. 1\Ir. BANKHEAD. Ali:. Chairman, a parliamentary inquiry. Mr_ BURTNESS. Is there any object in making an issue of The CHAIRMAN. The gentleman will state it. the matter in the Committee of the Whole? Mr. BANKHEAD. I woul

1928 CONGRESSIONAL RECORD-HOUSE 7675 Mr. CRISP.· Yes. The SPEAKER. The Chair thinks that the gentleman from Mr. HAUGEN. Mr. Chairman, I move that the committee Iowa, the chairman of the Committee on Agriculture, would do now rise. have the right. The motion was agreed to. Mr. llA UGEN. 1\Ir. Speaker, I move that the House re~ Accordingly the committee rose; and the Speaker having solve itself into the Committee of the Whole Hou. e on the state . resumed the chair, Mr. M.APEB, Chairman of the Committee of of the Union for the further con iderntion of the bill ( S. 3555) the Whole Hou~e on the state of the Union, reported that that to establish a Federal farm board, and so forth. committee, having had under consideration the bill S. 3555, bad The motion was agreed to. come to no resolution thereon. Accordingly the Hou. e resoh·ed itself into the Committee of the Whole Hom:e on the state of the Uni011, with :Mr. MAPES in F"CRTHER MESSAGE FROM THE SE~ATE the chair. A further message from the Senate by :Mr. Craven, its The CHAIRMAN. The gentleman from Georgia will proceed. principal clerk, announced that the Senate insists upon its Mr. CRISP. Mr. Chairman and gentlemen, I will conclude amendments to the bill (H. R. 12875) entitled "An act making in a few moments. As I tated before a technical motion to appropriations for the legislative branch of the Government strike out the first section and offer a complete substitute for the fiscal year ending June 30, 1929, and for other pur­ with notice that if it prevails it will be moved to strike out poses," disagreed to by the Hou e of Repre entatives, agrees the succeeding sections is a motion of legislative entity and to the conference asked by the House on the disagreeing votes when the House votes, in the original ubstitute for the first sec­ of the two Houses thereon, and appoints Mr. W ABREN, Mr. tion, it in effect gives by implication its acquiescence to striking SMOOT, l\Ir. CURTIS, Mr. BBOUSS.ARD, and Mr. CoPELArn to be out all the remaining sections of the bill. The House having the conferees on the part of the Senate. adopted in Committee of the Whole a complete legislative sub­ ENROLLED BILL SIGNED stitute for the original Haugen bill the committee is estopped Mr. CAMPBELL, from the Committee on Enrolled Bills, re­ from adopting any amendment that changes in any way the ported that they had examined and found truly enrolled a bill substitute to which the committee has just given it. legislative of tbe following title when the Speaker signed the same : approval. H. R. 10151. An act to amend section 9 of the Federal reserve I think that is clear, but the matter is not complicated so far as the power of the Hou .~ e of Representatives is concerned. act. The House of Representatives has the power to work its will on RECESS thi bill now as completely as it had before the substitute was Ell&E~FRIED o··xTHER VO~ H UEKEFELD, J.Al-lES C. TITZMA"L1UCE, adopted. I think the Committee of the Whole is bound to ratify AND HERMANN KOEHL the motion to strike out the remaining sections as they are read Mr. TILSON. Mr. Speaker, I ask unanimou. consent that and · then report the bill to the House and see whether or not the Hou e may stand in rece s subject to the call of the Chair the House will approve of the action of the Committee of the in orde1· to receive, during the recess, the distinguished trans­ Whole. Atlantic flyers, Baron von Huenefeld, Major Fitzl\IauTice, and Now, suppose that the committee refuse to strike out the Captain Koehl: [Applau e.] remaining ections. Then the chairman of the committee re­ The SPEAKER. The gentleman from Connecticut asks ports back to the House that the Committee of the Whole has unanimous consent that the House stand in rece. s subject to the adopted a substitute for -it, and also repo·rts back the original call of the Chair. Is there objection? [After a pause.] The bill ; and suppose the House should see fit to ratify the action Chair bears none, and the Chair appoints the gentleman from of the committee and adopt the substitute, what are you going Connecticut [Mr. TILsoN], the gentleman from Texas [Mr. to do with the original bill that is also hanging there~you have GARNER], and the gentleman from Pennsylvania [Mr. PoRTER] a legi lative monstrosity. to escort our distinguished visitots to the House. But when the bill is reported back to the House with the Accordingly (at 3.41 p. m.) the House stood in recess subject recommendation of the committee that the sub ·titute be adovteu to the call of the Speaker. and the remaining sections of the bill be stricken out, if the House refuses to ratify the previous action of the Committee DUIUNG THE RECESS of the Whole House on the state of the Union in adopting the Mr. TILSON, Mr. GARNER of Texas, and Mr. PoRTER escorted substitute, then the whole original Haugen bill as reported from Baron von Huenefeld, 1\lajor Fitzl\1aurice, and Captain Koehl the Committee on Agriculture is before the House for action. to the Speaker's rostrum. The House has the whole bill before it for consideration. Of The SPEAKER. Gentlewomen and gentlemen of the House, course, if the previous question is demanded and sustained by we are honored to have with us as our guests this afternoon a majority vote then the question would come on a vote to pass the three heroic and intrepid aviators, representatives of two the Haugen bill as reported by the Committee on Agriculture great and friendly nations, the first of men to conquer the without amendment. But if the previous question is not m·­ Atlantic by air from ea t to west. [Applause.] dered in the House, then in that event the whole original I am pleased indeed to present to you Baron von Huenefeld Haugen bill would be before the House, and the House might [applau e), Maj. James FitzMaurice [applause], and Captain offer amendments to it and consider it in the House, offering Koehl [applause]. amendments to any section. The House would also have the These gentlemen will be delighted to meet the Members indi­ power if it saw fit in that contingency to refer the original vidually. Haugen bill back to the Committee of the Whole Hou e on the Baron von Huenefeld, Major FitzMaurice, and Captain Koehl state- of the Union to be considered under the five-minute rule. stood in the wen of the House and the Members and official of Therefore it seems to me that the whole matter is within the the House were presented to them by Mr. TILSON. · power of the Hom~e to work its will without violating any of AFTE:R THE RECESS its rules or legislative precedents in the premises. The SPEAKER called the House to order at 4 o'clock p.m. Mr. KINCHELOE. l\Ir. Chairman, will the gentleman yield? Mr. CRISP. Yes. APPOINTMENT OF FUNERAL COMMITTEE Mr. KINCHELOE. A the gentleman knows, I have one or The SPEAKER. The Chair appoints the following commit­ two amendments which I propose to offer under the five-minute tee to attend the funeral o:( the late Representative Sweet. rule. Does the gentleman maintain that the perfecting amend­ The Clerk read as follows: ments to the remaining sections in the original Haugen bill JAMES S. PARKER, BERTRAND H. SNELL, S. WALLACE DEMPSEY, ARCHm would not take precedence over a motion to strike out? D. SANDERS, CLABENCE MACGREGOR, FIORELLO H. LAGUARDIA., DANIEL Mr. CRISP. I do, for the reason that the committee has A. REED, J. M.AYHEW WAINWRIGHT, JoH::-. TABER, FREDERICK M. DAVEN­ adopted by a vote a substitute for the whole bill, and the effect PORT, HARCOURT J. PRATT, JOHN D. CLARKE, CLARENCE HANCOCK, of that was to confine the further action of the committee to WILLIS C. HAWLEY, ALLEN T. TREADWAY, JOHN CABEW, THOMAS CUL· striking out those sections that remain in the bill. Unques­ LEN, CHRISTOPHER D. SULLIVAN, ANTHONY J. GRIFFL • JOHN J. BOYLAN, tionably under the rules of the House in ordinary matters a • GEORGE W. LINDSAY, D. J. O'CON?\'ELL, ROYAL H. WELLER, WILLUM W. motion to perfect is preferential in the vote to a motion to str-ike COHEN, and JOHN J. O'CONNOR. out the section, but I differentiate this case from that because the committee has adopted a complete piece of legislation so far .AGRICULTURAL SUBPLUS CONTROL BILL as the committee is concerned, and the effect of that action, and Mr. ASWELL. Mr. Speaker, a parliamentary inquiry. it was so understood or supposed to be understood · if the Mem­ The SPEAKER. The gentleman will state U. bers knew the rules, that the remaining sections have to be Mr. ASWELL. The committee having adopted a substitute stricken out. The original Aswell substitute was open for all to the McNary-Haut.:en bill, who bas the right to make the perfecting amendments the Members of the House cared to motion to go into the Committee of the Whole? offer before it was finaUy voted upon. 7676 CONGRESSIONAL RECORD-HOUSE }fAY 2 Mr. KINCHELOE. Is it the gentleman's contention that if Mr. RAMSEYER. A motion must be made to strike them out the Aswell substitute be reported to the House and the action but the gentleman says that the Committee of the Whole House of the committee rejected, that then the House could go back is bounrdance with the gentleman's suggestion, because parlia­ to the gentleman from Kansas? mentary law is upposed to be common sen e. The precedents Mr. CRISP. Yes. of the House, however, are the other way. Mr. HOOH. The gentleman say a motion to strike out the Mr. RA.l\fSEYER. Mr. Chairman, will the gentleman yield? section would be in order? l\fr. CRISP. Yes. . 1\Ir. CRIS:P. I think so. l\lr. RAMSEYER. I do not know that there is as much dif­ Mr. HOCH. If a motion is offered, presumably the House ference between the gentleman's attitude and my own, as I must vote on the motion? first thought. We agree that the remaining sections of the bill Mr. CRISP. Yes. must be read? Mr. HOCH. What does the gentleman mean by ~saying the Mr. CRISP. Yes. House is rigidly bound to vote in one particular way? Is it 1928 CONGRESSIONAL RECORD-HOUSE 7677 not free to adopt or to reject the motion to strike out? The the one we are in here now. Subsequently the sections were power to strike out carries with it the power to modify or to stricken out upon motions, and when the committee rose this amend. If we have the power to strike out, as the gentleman took place: from Missouri [Mr. C.ANNON] said, we have the power to The committee having risen, the Chairman reported that the committee amend. Is not this simply an amendment to the first section? had bad under cons1deration the bill (H. R. 15520) to establish a stand­ Mr. CRISP. It is nof, under the rules of the House. It is ard of value and tc• provide a coinage system in the Philippine Islands, a complete substitute for the entire bill. and had directed him to report it back to the House, with sundry Mr. HOCH. Section 2 is still in the bill. amendments, with the recommendation that the bill, as amended, do Mr. CRISP. Technically, yes; but the action of tbe commit­ pass. tee in adopting the substitute was to eliminate all other sec­ The House being about te vote on the amendments, a question arose tions. This is certainly true by implication. as to the nature of the first one, whereupon the Speaker said: Mr. HOOH. What was the ·significance of the motion to "The Chair sees no difficulty. arising from any statement that bas sh·ike out? been made. There is only one question now, and that is the demand Mr. CRISP. I do not see any use in it, except the prec­ of the gentleman from Pennsylvania for a separate vote on the amend­ ellents are that way. It seems to me when the Committee on ment offered by the gentleman from Virginia. That is the first amend­ the Whole adopts a substitute for a bill you might let that be ment; it is not a substitute. It is an amendment by way of substitute construed to a repeal or be tantamount to striking out the to the first section. The only question is on agreeing to the first other sections of the bill without further voting by the amenllment." committee. This amendment was agreed to, and then the question was taken on Mr. COOPER of Wisconsin. Mr. Chairman, will the gentle­ tbe remaining amendments. man from Georgia yield ? Mr. CRISP. Yes. Now, why go through the motion of voting upon all those Mr. COOPER of Wisconsin. It seems to me that the answer motions to strike out the different sections? to tbis problem is found in the answer to this question : Did Let the Chair say further, not for the purpose of expressing the committee adopt a substitute bill? an opinion but for the purpose of getting the gentleman's Mr. ORISP. It did. thought on it, that the gentleman has outlined a way, which 1\Ir. COOPER of Wisconsin. If that was the motion a sub­ seems to the Chair quite technical, of perfecting- the Haugen stitute bill was ·offered by the gentleman from Louisiana? bill in the House if the House decides to vote down the motion Mr. CRISP. That is exactly what was done, I will say to for the previous question. In this case the previous question my friend from Wisconsin. is ordered under the rule ; the previous question is considered Mr. COOPER of ·wisconsin. If the committee adopted a sub­ as ordered. It wculd seem to the Chair that perhaps the only stitute bill, then that substitute would be in lieu of some other thing which would come before the House, if this Aswell amend­ bill, and no other bill can be carried by the committee into the ment were · voted down, would be to vote on the substitute of House, because it is a substitute for the bill. the Committee on Agriculture as reported. But assuming that Mr. CRISP. Yes. My friend makes the proposition that I the previous question should be voted down, would it not be was trying to argue clearer than I made it, and it was on that more technical and more cumbersome to go ahead in the House basis and on that theory that my answer to the gentleman from to perfect the committee substitute than it would to go on bere Michigan and to the gentleman from Kansas was based; that I and perfect it in the Committee of the Whole? It may be we see no necessity for striking them out. As a matter of fact, are all assuming that sometbing may occur here that is not I think the Chair would be authorized to entertain a motion for going to occur because, perhaps, the committee will go ahead the c-ommittee to rise and report the bill to the House with and strike out all of these sections. sundry amendments without further action by the committee. Mr. CRISP. In answer to the Chair I will say that I have Mr. HOCH. What difference does it make if we call this a not read the precedent to which the Chair has referred. As a substitute bill ot· not? As a matter of fact, we have simply matter of fact, I have not looked up anything; but the precedent substituted another matter. To call it a bill does not make any which the Chair cites states that the committee reported not parliamentary difference. - one amendment but sundry amendments and, of course, where Mr. CRISP. Well, I think a difference in parliamentary law there are more than one amendment you can have.-a separate exists. A substitute is to displace the original bill and sub­ vote; and the fact that sundry amendments were reported in stitute in lieu of it a complete piece of legislation. [Applause the case cited negatives the idea that it was a substitute. A and cries of "Rule!"] substitute is one amendment for the entire proposition. Mr. JACOBSTEIN. ::ftfr. Chairman, a parliamentary inquiry. The CHAIRMAN. The Chair did not make himself clear The CHAIRMAN. The gentleman will state it. appl:!,rently. As the Chait· understands the precedent, the sun­ Mr. JACOBSTEIN. Is it in order to ask what the exact dry amendments were only amendments to strike out the sec­ amendment was that was presented by the gentleman from tions. Louisiana? Mr. CRISP. I was just coming to that. If in this case yon :Mr. RAMSEYER. I have it here and would like to read it. refuse to strike out the remaining sections, then when you go Mr. JACOBSTEIN. I would like that read so .we may know into the House you do not have sundry amendments, but just what we voted upon when we adopted the Aswell amendment. have one amendment. If you strike them out, then you go to Mr. RAMSEYER. That is what I want to get before the the House with stmdry amendments; but if the Committee of H9use. I will read it as it is: the Whole should refuse to strike out the remaining sections, Amendment offered by Mr. ASWELL: Page 31, line 4, strike out all then you report the bill to the House with only one amend­ of section 1 of the commit.tee substitute and insert in lieu thereof the ment, to wit, the Aswell amendment ; and if the Aswell amend­ Aswell bill H. R. 13269. ment is adopted, what at·e you going to do with the remaining sections of the Hangen bill wl;lich are antagonistic to it? You It is to strike out section 1 and insert so~ething in lieu have a legislative absurdity. thereof. It is an amendment to section 1 and nothing more. Mr. CHINDBLOM. But the notice is a part of the motion. Mr. DOWELL. 1\Ir. Chairman, I want to call the attention Mr. ASWIDLL. I gave notice that if the substitute prevailed of the Chair briefly to this question. The gentleman from I would move to sh·ike out the other sections. Georgia [Mr. CRISP] concedes the parliamentary situation and Mr. RAMSEYER. That is correct, and I agree with the gen­ concedes the Chair must hold that the gentleman from Louisi­ tleman on that. ana [Mr. AswELL] must move to strike out each section as it is The CHAIRMAN. The Chair had in mind asking the gentle­ reached in the reading of the bill for amendment. If this be man from Georgia the question which the gentleman from Kan­ true, there is nothing left except the question of w)iat the com­ sas [Mr. HocH] asked, as to whether it was a matter of parlia­ mittee desires to do with the motions when they are presented, mentary compulsion or moral compulsion on the part of the because as stated here by the gentleman from Kansas [Mr.· committee to vote to strike out the sections. The Chair would Hocn] why would you submit a motion to strike out a para­ like to supplement that a little with this question: What does graph rinless you expect the committee to vote upon it? It the gentleman say to this proposition if the committee is seems to me it goes without question that there would be no bound to strike out the sections why are motions necessary to possible reason for submitting the motion unless it follows that .have them stricken out? Let me call the gentleman's atten­ it is to be voted upon . tion to one of tbe precedents in Hinds'. Mr. CANNON. Will the gentleman yield just there? Mr. DOWELL. Yes. . On January 22, 1903, the Committee of the Whole House on the state Mr. CANNON. Under the circumstances which we have here of the Union was considering the bill (H. R. 15520) providing for the and which are very unusual, where the substitute adopted is Philippine coinage. identical with the original bill, what choice would the House Tbe first section was stricken out and a substitute bill was have in voting to strike out these amendments, to llo anything adopted, which brought about a situation somewhat similar to but strike them out? - 7678 CONGRESSIONAL RECORD-HOUSE lf.AY 2 Mr. DOWELL. I will answer that by saying that is purely Now, what did the committee do in the case cited in volume a matter for the committee to determine as the motions 5 of Hinds' Precedents, 5796, which is exactly identical with come up. this case? I want to call the attention of the Ohair to paragraph 5796 The CHAIRMAN. Has the gentleman from Oregon read the of Hinds' Precedents, volume 5, where this identical question RECORD? was considered by the House and by the committee, and it is l\Ir. SINNOTT. No; but it is stated here what took place. in the regular order which was suggested by the gentleman The Chairman entertained the amendment and after debate it from Georgia that these motions to strike out these sections was agreed to. must be made and that the bill must be continued to be read What was agreed to? The motion to substitute another bill. for amendment. I want to read this authority : The Member who made that motion notified the committee that On J anua ry 22, 1903-- if that was carried then he would move to strike out the other sections-just what was done here to-day. Then the remainder The CHAIRl\!AN. The Chair will state to the gentleman of the bill was read under the five-minute rule, and each of the from I owa that is the section which the Ohair just called sections was on motion made and carried stricken out. attention to. If we are going to follow the precedents, that is what we Mr. DO,VELL. I understand that, but I want to emphasize should do here and not confuse the issue by discussing what is what was done. going to take place after we get into the Bouse. Mr. SINNOTT. Will the gentleman yield there? The CHAIRMAN. Does the gentleman know whether any Mr. DOWELL. Yes. amendment to subsequent sections was offered in that case? Mr. SINNOTT. The Ohair in reading that did not read all Mr. SINNOTT. No. of the section. Mr. CHINDBLOM. I have the RECORD here. Mr. DOWELL. That. is what I want to refer to-the part Mr. SINNOTT. Mr. Jones in the case cited in Hinds' 5796 that was not dwelt upon by the Ohair and I want to call modified his original proposition to strike out all after the attention to just what proceedings were had: enacting clause and instead of offering a new text as a substi­ On January 22, 1903, the Committee of the Whole House on the tute for the whole bill offered it as a substitute for the first state of the Union was considering the bill (H. R. 15520) providing section after the enacting clause giving notice that if it should for the Philippine coinage. The first section had been read under the be adopted he would move to strike out the remaining sections five-minute rule, when Mr. William A. Jones, of Virginia, proposed a of the bill as they would be read. That is the identical motion motion to strike out all of the bill after the enacting clause and insert a made by the gentleman from Louisiana [Mr. AsWELL]. new text. The CBAillMAN. The gentleman understands that the ques­ Then further on it was modified. tion here is whether perfecting amendments to these sections can be made before the motion to strike out is voted on. Later, Mr. Jones modified his proposition, and instead of offering Mr. SINNOTT. The question is, Shall the Chair now enter· the new text as a substitute for the whole bill, offered it as a substitute tain the motion to strike out in their order all subsequent for all of the first section aftet· the enacting clause, giving notice sections after the first? that if it should be adopted he would then move to strike out the The CHAIRMAN. The Ohair is clear on that proposition, t·emaining sections of the bill as they should be reached. but the question here is whether he can entertain a motion to Now, listen to this: perfect the sections as they are reached. . The Chairman entertained the ame,ndment, and after debate it was Mr. SINNOTT. Ordinarily when a motion is made to strike agt·eed to. out and amend the perf~ting motion is the preferential motion. Tllet·eupon the remainder of the bill was read under the five-minute Mr. OIDNDBLOM. Mr. Chairman, I think it wouid be inter­ l'Ule, and each of the sections was, on motion made and carried, stricken esting to learn what the proceedings were on January 22, 1903. They are to be found in the CONGRESSIONAL RECORD, Fifty­ out. seventh Congress, second session, volume 36, part 1, page 1081. Now, I want to call attention to the statement of the gentle­ After the first section of the bill then under consideration in man from Georgia that when this gets to the House that only Committee of the Whole had been stricken out and the substi­ the one amendment would be considered. I want to call atten­ tute adopted the chairman stated, " The Clerk will read the tion to just what was done in this case. next section of the bill," and the Clerk thereupon read section 2. The committee having risen- Then Mr. Jones of Virginia moved to strike out the section just read, and made the following request : And this after each section had been stricken out as it was read upon proper motion- Mr. Chairman, I ask unanimous consent that a vote may be taken on striking out all of the succeeding sectious together. The committee having risen, the Chairman reported that the com­ mittee had had under consideration the bill (H. R. 15520) to establish To that Mr. Grosvenor and Mr. Payne objected. Then Mr. a stnndard of value and to provide a coinage system in the Philip­ Jones again moved to strike out the section. Mr. Payne said, pine Islands and had directed bim to report it back to the House with "Of course that question is debatable," and the Chairman said, sundry amendments, with the recommendation that the bill as amended "It is debatable," and thereupon Mr. Payne spoke as follows: do pass. Mr. Chairman, according to the usage of parliamentary procedure in The House being about to vote on the amendments a question arose the House, when a motion is made to substitute it is always in order, as to the nature of the first one, whereupon the Speaker said : first, to perfect the original text before the substitute can be voted on. "The Chair sees no difficulty arising from any statement that has Owing to some confusion in the situation to-day, a motion was made to been made. There is only one question now, and that is the demand substitute an entire bill for the first section of the pending bill. Now, of the gentleman ft·om Pennsylvania for a separate vote on the amend­ the gentleman from Virgiuia proposes to go ahead and strike out each ment offered by the gentleman from Virginia." of the remaining sections without perfecting the text. I think it would That was the motion to strike out the first section and insert be in order to first per1'ect the sections before a vote is taken on striking the substitute. them out. I do not know whether there are committee amendments to this. second section ; I have not the bill before me. If there are com­ That is the first amendment. It is not a substitQte; it is an amend­ mittee amendments, I submit they should first be voted upon and the ment by way of substitute to the first section. The only question is text perfected before any vote is taken on the motion to strike out. on agreeing to the first amendment. The amendment was agreed to, and then the question was _Thereupon Mr. Grosvenor, of Ohio, said : taken on the remainder of the amendments. Mr. Chairman, I objected to the proposition Ot. the gentleman from Mr. CRISP. ~'ill the gentleman yield? Virginia for unanimous consent, and I did so because under the well­ 1\lr. DOWELL. Yes; certainly. known principles of parliamentary procedure the control of this bill Mr. CRISP. I do not think that conflicts in the slightest has passed to the other side, and it is for the gentleman from Virginia with anything on earth I said, but I think it absolutely con­ to make his own motions in his own way, he and his party associntes firms all I said. The Chail' ruled that that particular amend­ having entire control of the bill itselt and all amendments. ment was an amendment and not a substitute. I do not know what the text of that amendment was, but this is a complete Thereupon the Chairman, Mr. Tawney, of Minnesota, replied: sub titute and the precedent which the gentleman cites con­ The Chair questions the statement of the gentleman from Ohio [Mr: firms the position I have taken. Grosvenor] as to the control of the bill having passed to the gentle· Mr. SINNOTT. 1\Ir. Chairman, it seems to me we merely man from Virginia simply because of an adverse vote on one amendment complicate matters by discus ing what is going to take place to the bill. The position of the gentleman from New York, howPver, is when we get into the House. That is not the question for the primarily correct, that the committee amendments to section 2 of this committee to determine. The question for the committee to bill will have to be passed upon and the section perfected before a vote determine is what is the committee going to do. can be taken on the motion of the gentleman from Vit·ginia. '1928 CONGRESSIONAL RECORD-HOUSE 7679 Mr. Jones said that he did not know that there were any were awaiting action before the original substitute was adopted, committee amendments to section 2. Then the Chairman said: and under the general rule, where there is an amendment pend­ "The Clerk will report the committee amendments," and there­ ing to the text, it bas to be perfected before you vote to strike after the Chairman said : " The questi-on is on the first com­ out the entire text. Therefore, in that case, they simply voted mittee amendment." The question was taken, and the com­ to perfect the text as to the committee amendment that was mittee amendment was agreed to. Then l\Ir. Jones srud: "I offered before they voted to strike out the entire section. move to strike out the whole of section 2 as amended," and Mr. CHINDBLOM. On the precedents and upon principle, thereupon that motion was agreed to. my disposition is to agree with the gentleman from Georgia Thereupon Mr. Williams of Mississippi asked unanimous con­ [Mr. CRisP] in the position that be takes, but this particular sent that the remaining sections of the bill be conside!·ed as precedent does not bear us out for this reason : In this case the read and the amendments thereto adopted, and that the ques­ Committee of the Whole fu'St struck out section 1 and adopted tion be then taken upon the motion whether they should or a substitute for the entire bill with n()tice that motions would should not be stricken from the bill. Mr. Crumpacker objected subsequenly be made to strike out the following sections, and because he desired to propose an amendment to section 6, which duling the consideration of those sectio-ns not only committee had not been reported as a committee amendment. Mr. Wil­ amendments were considered, but amendments offered from the liams thereupon changed his request so that the course he had floor were considered before there was a vote on the motion to proposed would be followed with reference to all sections except strike out. section 6, and to this request there was no objection. 1\Ir. 1\Ir. LAGUARDIA. But they were all stricken out. Crumpacker thereupon offered an amendment of his own to sec­ Mr. CHINDBLOM. Yes; they were. tion 6, which after considerable debate was agreed to, and sub­ Mr. CRISP. The committee can do anything it wants to do. sequently a committee amendment to section 6 was also adopted. Mr. TILSON. 1\Ir. Chairman, I think this may be cleared Mr. Payne thereupon called attention to the fact that the com­ up by first considering what would be the situation if we mittee amendments to section 1 had not been agreed to, and by reached a vote in the House without having had an opportunity unanimous consent these amendments were adopted, and there­ to amend any of the provisions of the original bill, and by the after all of the remaining sections, including section 6 as " original bill " I mean the Haugen bill, reported out by the amended, were stricken from the bill. Committee on Agriculture. Unless those sections nre amended The committee thereupon rose and reported the bill " with before they are stricken out, they can not be amended at all, sundry amendments to the House with the recommendation and in case the Aswell substitute should be voted down, then that the bill as amended do pass." A separate vote was taken we should be left without an opportunity to amend any of the on the amendment offered by l\fr. Jone13 of Virginia as a substi­ provisions of the Haugen bill except the first section. If it is tute for the first section of the bill. In that connection Mr. intended. to amend any of these sections, it seems to me that Cannon, of Illinois, remarked that it seemed to him that if the they should be amended before they are stricken out. ~'bey proposition of the gentleman from Virginia prevailed, then the should be stricken 6ut of course. Then in case of the refusal other amendments, striking out the other sections, " would fall to accept the Aswell substitute in the end, we might also refuse as a matter of course." Mr. Richardson, of Tennessee, argued to accept any of the motions to strike out the amended sections. that the amendme'llts to which l\fr. Cannon referred " were If we do not strike them out, we shall have in the bill two com­ amendments added to the original bill," and said : plete sets of sections running parallel to each other and with The proposition now before the House is the substitute offered by two or three exceptions substantially identical. the minority and which was carried in it for the entire perfected bill l\fr. COOPER of Wisconsin. Mr. Chairman, will the gentle­ of the majority, and the.question now before the House is the passage man yield? of the bill which is a substitute and without amendment. There were Mr. TILSON. Yes. no amendments reported with the bill, and the question is on the Mr. COOPER of Wisconsin. This thought occurs to me. passage of the substitute bill as reported· to the House. There are no Section 2 of the Haugen bUl is identical with section 2 of the amendments to that. Aswell substitute, and so are sections 3, 4, 5, 6, 7, and 8. Those have all been adopted. Is it possible that the committee under The Speaker held that the only question at that moment was the rule can vote, after having adopted those seven sections in the demand for a separate vote on the first amendment which their entirety, to amend them? he said was not " a substitute," but " an amendment by way of substitute for the first section." The amendment was agreed Mr. TILSON. The fact referred to by the gentleman from to and thereupon the Speaker put the "other amendments" in Wisconsin makes this a very unusual case. I do not believe gross and without objection all of them were agreed to. that there has ever been a case where so large a number of In this connection, there was an interesting discussion before sections were exactly the same. the amendment in the nature of a substitute was offered l\Ir. ASWELL. Is it not a fact that several amendments were which discussion closed with the following statement by the offered and some of them were adopted during the two hours chairman of the Committee of the Whole, Mr. Mann, of Illinois: before my substitute was adopted? Mr. TILSON. To the gentleman's substitute? The gentleman from Virginia moves to substitute the amendment Mr. ASWELL. Before the final adoption. which he has sent to the Clerk's desk in place of section 1 of the 1\Ir. TILSON. Yes. pending bill, giving notice that if this motion be adopted he will move Mr. CRAMTON. ~ :Mr. Chairman, will the gentleman yield; to strike out the other sections of the pending bill. Of course, the Mr. TILSON. Yes. gentleman understands that if this motion should be submitted at this Mr. CRAMTON. I am in sympathy with the gentleman's time it will require the reading of the rest of the bill for amendment. position, but this question arises in my mind. Suppose we adopt During the discussion the chairman, 1\Ir. Mann, held that a several amendments to sections 2, 3, 4, and then strike them motion to strike out all after the enacting clause and to sub­ out, and suppose that the rest of the sections are amended and stitute other matter in lieu thereof was not in order until the then striken out, and that then we report the bill to the House. entire bill had been read, but that a motion to substitute such Suppose then that the House votes down the Aswell substitute. matter for the first section of the bill, with notice of intention Is it the gentleman's theory that we would then have the per­ to move to strike out the remaining sections of the bill, if the fected Haugen bill before us? substitute were adopted, wo-uld be in order after the reading o-f Mr. TILSON. Yes. the first section. l\1r. CRAMTON. How would the House have any evidence 1\fr. SINNOTT. 1\lr. Chairman, will the gentleman yield? as to the perfecting amendments? They would not have been Mr. CHINDBLOM. Yes. reported to the House by the Chairman of the Committee of the Mr. SINNOTT. How do committee amendments change the Whole House. . status? They have no more sanctity or plivilege than an l\Ir. TILSON. Under the special rule there is the privilege amendment offered on the floor of the House. of voting on each amendment as if this were an original bill, Mr. CHINDBLOM. It happens ~n this case that both com­ and a separate vote could be asked on each one of these? · mittee amendments and amendments offered on the floor o:t the Mr. CRAMTON. The gentleman does not get the point. The Honse were considered by the committee before the vote was report of the Chairman of the Committee of the Whole House taken on the motion to strike out. However, there does not will have been that that committee has had under consideratiou appear to have been any point of order made against this this bill and that the committee has voted to substitute the sO· procedure. called Aswell bill and to strike out all of the so--called Haugen Mr. CRISP. Mr. Chairman, will the gentleman yield? bill. The House would not have before it these perfecting Mr: CHINDBLOM. Yes. amendments to sections 2, 3, 4, and so forth, and hence could Mr. CRISP. Does not the gentleman recognize this as to the not concur in them. case he cites, that the committee amendments were pending Mr. TILSON. The gentleman from Michigan is right. If the in the section of the bill as reported by the committee, and House should decline to accept the Aswell substitute. this 7680 CONGRESSIONAL RECORD-HOUSE }fAY 2 would leave the bill just as it was before the substitute was JANUARY 12, 1928. adopted, unless perfecting amendments were reported. Hon. HERBERT HoOVER, Mr. HASTINGS. Not if we go back into the Committee of Secretary of Oontmerce, Washington, D. 0. the Whole. MY DEAR MR. SECRETARY: Trusting that you will pardon me for mak­ The CHAIRMAN. The Chair would like to make a sugges­ ing another suggestion as to the fortllcoming census, I would like to tion. The Chair thinks this is an important point of order, and call your attention to the importance of including the question of suggests that inasmuch as it is about time for the committee to unemployment in the population schedule. ri ~e and for the House to adjourn, the decision of the point As I understand it, the census. of 1910 included a question as to of order be postponed until to-morrow. In the meantime there whether or not there were any persons in the family who were usually will be an opportunity to examine the precedents and to give employed who were out of work on a specific day. I believe in that the matter some mature deliberation. case it was April 1, or the basic date of the cl:'nsus. This woulc.l have Mr. CANNON. Mr. Chairman, in order to expedite the con­ given a definite mooring for reckonings or· ('Stimates on the volume of sideration of the bill I withdraw the point of order and ask for unemployment in subsequent times. It would be an invaluable aid if the regular order. we knew the number of people out of work and seeking employment on The CHAIRMAN. The gentleman from Missouri withdraws any one day in any one year, for there are ways of detl:'rmining within his point of order. a reasonabl(' degree of accuracy the comparative industrial conditions Mr. LAGUARDIA. Then, 1\Ir. Chairman, I make it. We in one year with another. The Bureau of the Census never publisbed ought to have this thing decided for once. It might as well be the figures which it secured in 1910, and I would like to call your now as· at any other time. attention to the advisability, at least from our point of view, of includ­ The CHAIRMAN. The gentleman from New York renews ing that information in the coming census and making provision for its the point of order. publication and use when secured. 1\lr. HAUGEN. l\fr. Chairman, I move that the committee do I am, sir, with great respect, now rise. Very sincerely yours, The CHAIRMAN. The gentleman from Iowa moves that the JAMES J. DAVIS. committee do now rise. l\fr. ASWELL. 1\lr. Chairman, what is the parliamentary JANUARY 21, 1928. situation? Ron. JAMES J. DAVIS l\1r. SABATH. A point of order is pending. Sec-retary of Lab~r, Washington, D. 0. The CHAIRMAN. The question is on agreeing to the mo­ MY DEAR M.a. SECRE'rARY: I have received your letter of January 12 tion of the gentleman from Iowa [Mr. HAUGEN] that the com­ ca1Ung attention to the importance of including a question as to un­ mittee do now rise. employment on the population schedule and tabulating the results. The motion was ag~·eed to. I have ca.Iled this matter to the attention of the Bureau of tbe Accordingly the committee rose; and the Speaker having re­ Census and am assured that it will receive consideration in connection sumed the Chair, Mr. MAPES, Chairman of the Committee of with the plan for the census of 1930. the Whole House on the state of the Union, having had under Yours faithfully, consideration the bill ( S. 3555) to establish a Federal farm HERBERT HOOVER; board to aid in the orderly marketing and in the control and Sec-retary of Oo11unerce. disposition of the surplus of agricultural commodities in inter­ state and foreign commerce,· reported that that committee had APRIL 27, 1928. come to no resolution thereon. lion. HERBERT HOOVER, LEAVE OF .ABSENCE Searetary of OotWJnerce, TVa.s1zi1tgton, _ Mr. CELLER, by unanimous consent, was granted leave of MY Dl!lAR SECRETARY Hoovmn: As you are doubtless aware, the ~usus absence, indefinitely, on account of illness. Committee of .the House, of .which I am a mpmber, bas under oonsid­ eration a bill providing for the taking of the 1930 census. UNEMPLOYMET I am proposing to the committl:'e that pr-ovision be made for the col­ Mr. JACOBSTEIN. 1\Ir. Speaker, I ask unanimous consent lecting of information regarding employment and unemployment. It is to t ·xtend my remarks in the RECORD by inserting some cor­ very uufor·tunate that our Government agencies have not given sulli­ respondence between myself and Secretary Davis and Secretary cient attention to the gathering and tabulation of data regarding un­ Hoover. employment. You will recall that the census act of 1900 made provi-:. , The SPEAKER. Is there objection to the request of the sion in its schedules for securing information regarding nnemployruent. gentleman from 1'1\ew York? The information was gathered but never published. The census act of There was no objection. 1910 did not make specific provision for the collection of this data, Mr. JACOBSTEIN. Mr. Speaker, under the unanimous con­ but it was collected, although no specific report was issued on it. sent granted me, I wish to insert in the REcouo some corre­ Two things ought to be done in connection with the 11:>30 census. spondenee between myself and Secretary Davis of the Depart­ First, specific direction should be given in the act for the gathering of ment of La bot· and Secretary Hoover of the Department- of such unemployment data; and, second, authorization, and diL·ection Commerce, as follows : should be given for publication of such information. I hope that wlien APRIL 27, 1928. the matter is presented to you both of these items may have your HQD. JAMES J. DAVIS, approval. Secretary of Labor, Washington, D. (}. An ear1y reply would be appreciated as action on the bill may be .MY DEAR SECRETARY DA\IS: { hope that you will approve of the taken any day. The Census Committee is in session this mol'lling, and specific recommenootions which I am making with respect to the gathering if you wish to telephone me yom· approval I shall be happy to transmit and publication of data on unemployment in connectiQn with the taking it to the committee. ()f the 1930 census, as stated in my letter- to Secretary Hoover, a copy Very sincerely yours, of which I am inclosing. MEYER JACOBSTElN. The committee is in session this mol'Ding, and if you wish to tele­ phone me your approval of this proposition I shall be very happy to APRIL 28, 1928. transmit it to the CQmmittoe. Hon. MEYER JACOBSTEIN, Yours sincerl:'ly, House of Representatives, Washington; D. a. MEYER JACOBSTEIN. DEAR MR. J ACOBSTIIHN : I inclose the memorandum concerning the census inquiries on uuemploym('nt referred to in our conversation. APRIL 27, 1928. This memorandum was prepared by the gentleman in charge of the Hon. MEYER JACOBSTEIN, population work and is based upon memorandum made at the time of the House of Rept·esentatives, Washington, D. 0. re~pective censuses. It i6 evident there were two reasons for the 1\fy DEAR Mn. JACOBSTEIN : Replying to your letter of to-day, I am failure to publish the statistics on unemployment that were collected inclosing you herewith a copy of a letter which I wrote to Secretary and fo1· the pmission of the inquir'y on this subject from the census Hoover on January 12, together with a copy of his reply, and also a schedule for 1920, namely, there was not sufficient appropriation to copy of a letter which I am mailing to Secretary Hoover to-day, which enable the bureau to compile these statistics, and there wa.s grave doubt not only reiterates the question of making a census of the unemployed about tlle reliability of the data. in 1930 but also urges him to make a census of aged persons as to their Secretary Hoover's office telephoned me yesterday that they had dependency. received your letter of inquiry, and I told them that I was coufening Sincerely yours, with you, and that it was my desire to do eve1·ything that could be J.AMES J. DAVIS. done by this bureau to develop the statistics on this important subject. 1928 CONGRESSIONAL RECORD-HOUSE _ 7681 You, of course, are familiar with the work of the Bureau of Labor "A second reason for idlene s, also in no way associated with Statistics of the Department of• Labor. industrial conditions, is the fact that certain occupations are what If I can be of further service to J·ou in regard to this matter please may be termed intermittent, such as glassworking, inland lake and advise me. river ~ervice, school-teaching, and certain out-of-door callings-notably Yery truly yours, farm service, stone masonry, etc. In some occupations of the inter· W. M. STEUART, Director. mittent cla»S compensation is graded to p:utially coveL· the period

CE:\'SUS I~QUIR ·IES ON UNEMrLOYMENT of enforced idleness, but in an enumeration of persons unemployed during some po1·tion of a year, the proportion in such occupations Unemployment statistics have been collected by the Bureau of the as those mentioned, some of which are extensive, is necesRa.rily high Census at each of four ither a ccurate or comparablE>. Even greatet·, In 1890 the question was again placed upon the schedule and the however, is the difficulty of census enumerators, in their house-te­ returns were tabulated and published for that census. In presenting house canvass, securing from the housewife , or others who may be at home, even approximately exact information as to the extent of the · results, however, attention was called to the fact that they were the unemployment of the individual bt'eadwinners of the family­ the first publishecl statistics upon this subject and should be regarded especially if the breadwinners at•e members of a boarding-house family. as approximate. Even with this conservative position many eminent In fact, many of the breadwinners themselves pt'obably would not authol'ities disagt·eed, declining to accept, even with qualifications, the know the number of weeks or months they were unemployed during Eleventh Census returns concerning persons out of employment. Rich­ the census year. And, unfot·tunately, the workers most commonly mond 1\layo-Smith, a prominent statistician of that time, made the unemployed are the ones about whom it is most difficult to get following statement : reliable information-unattached men, floating laborers, construction " The census made an effort by direct inquiry to finci out whether workers; etc. persons were unemployed in their principal occupations during the year, and fot· how long they were thus unemployed. The investigation In view of the difficulties enumerated, and in view of the unsatis­ does not seem to have been very successful, and the data are so factory returns as to unemployment at pt'eceding censuses, it is recommended that no inquiry as to unemployment be put on the uncertain that the detailed analysis by occupations seetns to me schedule for the census of 1930. entirely useless. * * The question in regard to unemployment by months might better be abandoned." MUSCLE SHOAhS Again in 1900 the importance of this subject led Congress to specify Mr. MARTIN of Massachusetts. 1\Ir. Chairman, I ask unani­ the question regaruing unemployment as one of the inquil'ies to be mous consent to extend my remarks in the RECORD by printing made a.t the Twelfth Census. Each of the two census years, 1890 and a letter I have received on the subject of Muscle Shoals. 1900, was a period of prosperity ; therefore the economic conditions, The SPEAKER. Is there objection to the request ot the to some extent, were similar, and but little variation in the proportion gentleman from Massachusetts? of unemployed at the two censuses might be expected. But a compari­ son shows a decided difference in the proportion unemployed in the There was no objection. different occupations. Mr. MAHTIN of MQssachusetts. :Me. Speaker, under the leave The census of 1900 reported that 22 per cent of all males engaged to extend my remarks in the RECORD I include the following in gainful occupations· were unemployed during some portion of the letter received by me on the subject of Muscle Shoals: census year, and that about one-half of all males unemployed during THE NATIONAL FERTILD!ER ASSOCIATION (INC.), some part of the year were unemployed from one to three months. In Washington, D. a., May Z, 191!8. the report attention was called to the fact that the figures concerning Bon. JOSEPH W. MARTIN, Jr., nonemployment could not be regarded as definite or final and that ··House of RepresentatiL'eS, Washington, D. a. caution must be observed in reaching conclusions based solely upon DEAR l\lB. l\IARTIN: In a certain country, an important world power, .them. there is pE>nding before the highest legislative body a bill e3tablishing a At the Thirteenth Census, 1910, the inquiries relating to unem'ploy­ go>ernment corporation and containing a provision that- ment referred to employees only. The schedule contained two inquiries -"Any person who shall receive any compensation; rebate, or reward, as follows: (a) Whether out of work on April 15, 1910 ; and (b) or shall enter into any couspiracy, collusion, or agreement, express or number of weeks out of wor.k during the year 1909. implied, with intent to defraud the corporation or to defeat its pur­ Because of a lack of funds the work on occupation statistics at the poses, shall, on conviction theeeof, be fined not more than $26,000 or Thirteenth Census was practically stopped for an entire year dUl'ing the impt·isoned not more than 15 years, or both." regular census period. When the work was again resumed and a part No; the country isn't Soviet Russia; it's our own United States, the of the occupation cards had been tabulated, it was decided that because land of the free. And the legislative body befot•e which this proposed of the pressure of the war work the Census Bureau was doing at that act is pending isn't the Communist central committee; it's our own time it was best to abandon further work on Thirteenth Census occu­ House of Representatives. Perhaps, if Congress discovers the trae pation statistics. Hence, the contemplated unemployment statistics for nature of this pt·oposed act, it will have it recommitted to the com­ 1910 were never compiled and published. mittee from which it was reported without public hear·iugs, in oeder In view of the unsatisfactory statistics resulting from the unemploy­ that it may be considered by the House after fait• hearings. mE:>nt inquiries at the censuses of 1880, 1890, and 1000, and because The quotation is paragraph c of section 20 of the pending Housa of the fact that there appeared to be no extensive unemployment in substitute for the Norris l\fuscle Shoals resolution, previously passe!} by 1920, no inquiry as to unemployment was made at the census of 1920. At pres<'nt there is some unemployment, and unen:rployment may be the Senate. It l.s known as Union Calendar 324, S. J. Res. 46, for which a real problem at the date of the next census, 1930; but census expe­ a special rule is now being sought. rience does not indicate that an accurate or satisfactot·y measure of Not o·nly would this bill put the Government into ..the fertilizer busi­ involuntary or enforced unemployment can be secured through an ness as a full-fledged ·competitor with pl'ivate manufacturers but it inquiry on the census population schedule. would prevent any honest effort at fair competitiO;n. If, for instance, As stated in the 1900 census report on occupations (for a full such a manufacturer, seeking to protect his legitimate rights, attempted statement with regard to the status of the question on unemployment to C'Xplain by advertising to fm·mers why they should buy privately in 1900, see ccxxv of the special report on Occupations at the Twelfth made fertilizers in preference . to those made by the Government-an Censm.1. published in 1904) : action which would obviously be an attempt to defeat the corpol'ation's "It is of course true that the full working strength of a community purpose--then the Government co-uld impose upon that manufacturer ll or of the nation is never exerted. If steady employment were ob­ fine of $25,000 and sentence him to 15 years' iKiprisonment, or both. tainable in ·every calling merely upon application, a considerable If a salesman for a fertilizer . compa~y, , in earning his living, honestly pro11ortion of those claiming gainful occupations would nevertheless tells his customers that his goods are better· in certain respects than the be idle for some part of the year. Old age, illness, travel, bereave­ Government's, then he, too, would be attempting to defeat the purposes ment, recreation, competence, a change of employers with interval of thjs _proposed act and would be liable to this sever·e penalty. between, tendency to idleness, and climatic conditions are a few of The above is only one of many revolutionary pr:oposals in this meas­ the causes which together result in a. considerable proportion of per­ ure. Do you think that American business should be subjected to such sons who are without employment during some portion of a year for nn-American tt·eatmen t? reasons wholly unconnected with ability or inability to secure em­ Very truly yours, ployment. CHARLES J. BRAND. LXIX-484 7682 CONGRESSIONAL RECORD-HOUSE - }fAY 2

EXTENSION OF REMARKS Total cost of 838,591 tons was______$39, 514, 777. 00 Total cost at cyanamid price would have l;>een______19, 757, 112. 00 Mr. ALMON. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD by inserting some remarks of Excess paid------19,656,665.00 my own on Muscle Shoals and some newspaper extracts on th'e Tax paid to Chile, at $12.53 per ton______9, 381, 737. 26 same subject. Nitrate plant No. 2 will produce 212,766 tons of cyanamid The SPEAKER. Is there objection to the request of the containing 50,000 tons pure nitrogen, which equals 38 per cent gentleman from Alabama? of total Chile nih·ate shipments to America in 1927. · 1\lr. TILSON. I think, 1\Ir. Speaker, in the general con­ Fifty thousand tons pure nitrogen equal nitrogen content of fusion the gentleman should not present a request of that kind 325,800 tons Chilean nitrate. at this time. Can not the gentleman present his request Tons to-morrow? World production of cyanamid in 1926 was ______1, 204, 500 Mr. ALMON. It is two short editorials and my own remarks. The pure nitrogen content was------283, 057 Mr. TILSON. A few gentlemen object to that, if the gentle­ One million two hundred and four thousand five hundred tons man from Alabama please. cyanamid contains as much nitrogen as 1,826,177 tons Chilean Mr. ALMON. Mr. Speaker, I withdraw my request. nitrate. MUSCLE SHOALS The 1926 world production of cyanamid equaled 77 per cent of exports of Chilean nitrate in 1927. Mr. ALMON. :Mr. Speaker, I renew my request for unani­ The capacity of nitrate plant No. 2 added to the 1926 world mous consent to extend my own remarks on the pending legis­ production of cyanamid equaled 90.6 per cent of the Chilean lation respecting 1\Iuscle Shoals. exports for 1927. The SPEAKER. Is there objection? In 1926 Government reports show a sale of 7,496,294 net There was no objection. tons of fertilizer to American farmers. Of this amount the i\lr. ALMON. Mr. Speaker, all will agree that agriculture has cotton States used for all purpos~s 5,006,536 tons, or about 70 three great problems-production, preservation of soil fertility, per cent of the total was used in the cotton States. The cost and sale and dist1ibution. While each is important, we have to these States of the fertilizer used in cotton alone was been giving most of our attention to the latter. I want to direct $76,716,000. .The average price of this fertilizer was $32.50 per your attention at this time to the first and second. ton. The' total cost of all fertilizer used is not available, but There is a bill on the calendar which will come before the assuming the remainder of fertilizer sold for the same amount House at a very early date which provides for real farm relief, of $32.50 per ton, the bill of the entiTe United States for ferti­ viz : The Muscle Shoals bill. Muscle Shoals has been before lizer for 1926 was $243,629,555. It is impos ible to compute the Congress continuously for the past eight yea~s and no set­ the amount of freight on this tonnage. Nitrogen is the most tlement made as yet. Many bills, some providing for private expensive plant food in fertilizer and 1 ton of usual fertilizer and others for Government operation, have been considered. contains 60 pounds. The chief American supply comes from All offers and bills providing for private operation have been Chile, and for it the farmer is now paying 15.15 cents per rejected by Congress. So it is to be Government operation or pound, port price, or $47 per ton. In the Cotton Belt he is pay­ nothing. At .this session the Norris bill providing for Govern­ ing from $55 to $64 per ton. ment operation through the Department of Agriculture passed Amm~pbos sells f. o. b. Warners, N. J., now, without limita­ the Senate by a large majority. The Military Affairs Com­ tion of profit except as limited by competition, at $64.40 per mittee of the H9use more than 30 days ago reported almost ton. Each ton contains 215.8 pounds pure nitrogen and 960 unanimously the Morin bill as a substitute for the Senate bill. pounds phosphoric acid. The nitrogen content of this product Eighteen members out of twenty-one of the Military Affairs sells at 7.6 cents per pound and the phosphoric-acid content at Committee of the House are supporting the Morin bill and have 5 cents per pound. The capacity of nitrate plant No. 2 with been urging the Rules Committee of the House for the past 30 modern methods is 50,000 tons of fixed nitrogen per annum. days to grant a rule for the consideration of th~s substitute This equals in nitrogen content about 1,667,000 tons of ordinary by the House, but so far without success. 3-8-3 fertilizer. This plant would therefore produce about 23 Considering the length of time that this subject has bee:r;t per cent of all the nih·ogen used in fertilizer in the United before Congress, being one of national interest with practically State , assuming that all contained nitrogen. a unanimous report, no one suspected that there would be any Missis ippi used in 1925, according to Government reports, hesitancy on the part of the Rules Committee to provide a 258,078 tons of fertilizer containing 3 per cent nitrogen, or 7,741 rule. The Military Affairs Committee and the friends of this tons of pure nitrogen. Mis issippi therefore bought at high legislation continue to insist upon a rule. The refusal to pro­ prices only about one-seventh of the nitrogen capacity of nitrate vide such a rule to say the least would seem to be unprece­ plant No. 2. Based, however, on present price of fixed nitrogen dented, unusual, and undemocratic. I again call upon and by the cyanamid process at Warners, N. J., of 7.6 cents per urge the committee to grant such a rule in order that the pound, ·and the port price of Chile nitrate of 15.15 cents per House may be given an opportunity to vote on this measure, pound, the farmers of Mississippi paid $1,168,891 more for their which is of very great national interest. nitrate than if they bad bought it from a cyanamid manufac­ While this measure provides for Government operation, it turer. During this time the Alabama Power Co. bought the does not mean that the Government is going into business at power which should have been used to manufacture fertilizer Muscle Shoals, because it is already in business there. It owns at 2 mills per kilowatt-hour. Computing according to the power the development and is operating a part of it-that is, the power now required by the cyanamid process at Niagara Fall , 9,598 plant-not for the benefit of agriculture but for the benefit of kilowatt-years would have produced the amount of nitrogen used the Alabama Power Co., for the reason that this company takes by the Mississippi farmers in 1925. The price paid by the Ala­ such power as it wants at its own price and the balance is bama Power Co. for this amount of power at 2 mills per kilo­ running to waste. The chief competitor will be the Chilean watt-hour was $168,171. If this power had been used at nitrate nitrate monopoly, which is a foreign monopoly. The fertilizer plant No. 2 in the manufacture of nitrogen on the basis of the industry in this .country is engaged in mixing fertilizer after it selling price of nitrate ·by the cyanamid company at Warners, has purchased the ingredients. They can well afford to con­ N. J., it would have given the farmers of Missi~ippi the same tinue to buy nitrogen from this foreign monopoly and pass the nitrate for $1,176,632. The Chile nitrate price actually paid by cost on to the farmer. Private industry is taking no steps to the farmers of Mississippi in 1925 was $2,345,523, figured at produce air nitrogen and cheaper fertilizer. The passage of $47 per ton, port price. The farmers of Mississippi would have this legislation is the only way that the farmer can look for or saved in 1925, by using Muscle Shoals pOwer-fertilizer, $1,168,891. hope for relief. They have been losing millions of dollars each If the Mississippi farmer could have bought nitrogen made year while this plant remains idle. If you will bear with me, I at Muscle Shoals at 7.6 cents per pound, he would have saved will convince you of this fact. $40.44 every time he paid the inland retail price of $64 for a ton of Chile nitrate. FEBTILIZER The State of Georgia uses three times as much fertilizer as Two thousand pounds Chile nitrate contains 310 pounds pure Mississippi. Their saving would therefore have been more nitrogen. than $3,554,993. Two thousand pounds cyanamid contains 470 pounds pure Fe1;tilizer used in Alabama in 1925, according to Government nitrogen. In 1927 Chile exported to world 2,370,662 metric tons reports, was 590,515 tons on a 3-8-3 basis containing 17,715 Chile nitrate--metric ton equals 2,204.6 pounds. tons pure nitrogen. The difference in the selling price of ni­ Of this total Germany imported 26,533 tons, or 1.5 per cent trogen per pound manufactured by the cyanamide process and of total ; Great Britain imported 87,965 tons, or 3.71 per cent of the cooperative price paid for Chile nitrate is 7.55 cents per total; United States imported 838,591 tons, or 35 per cent of pound. The excess therefore paid by Alabama farmers for total. nitrogen content in 1925 alone was $2,874,965. 1928 CONGRESSIONAL RECORD-HOUSE .7683 North Carolina used 1,217,628 tons of fertilizer in 1925. This This committee ·further said : contained on a 3-8-3 basis, as shown by the agricultural figures,· The study shows that the farmer can buy the average grade of mixed 36,529. tons pure nitrogen. Taking the same difference in co­ fertilizer at $36.78 per ton, conveniently bagged for use. He can buy operative price paid for Chile nitrate in Alabama and the price the same amounts of the plant foods in the form of unmixed .J.ngre­ at which the Cyanamid Co. now sells its nitrogen, North dients for $26.82, while the estimated cost delivered of the same plant Carolina paid for the privilege of purchasing nitrates not :fixed foods in a concentrated mixture from Muscle Shoals would avet·age by the cyanamide process the stupendous sum of $5,515,979 in $20.74 per ton, with a resulting average saving of $16.08 per ton, or one year. about 43 per cent of the present cost. Ohio used 304,480 tons of fertilizer in 1926. Assuming that all of this contained 3 per cent, or 60 pounds, of nitrogen to General Williams in his report made February 19, 1927, after the ton, Ohio farmers would have saved $1,379,394 if they the test figured that nitrogen could be made at Muscle Shoals could have purchased their nitrogen at 7.6 cents per pound for 8.57 cents per pound. While this is 1 cent more than it instead of 15.15 cents per pound. actually sells for at 'Varners, N. J., manufactured by the cyana­ New York farmers used 338,250 tons of mixed fertilizer in mide process, it is 6.58 cents cheaper than the farmer actually 1926 and would have saved $1,532,272. pays to-day for Chile nitrate. It is also interesting to note that Illinois farmers used 25,227 tons mixed fertilizers in 1926 the Muscle Shoals Commission in r~ching its conclusions of 43 and could have saved $114,278. per cent saving to the farmers in the use of ammonia phosphates Indiana farmers used 245,000 tons, and could have saved figured its cost at $70.40. (P. 59, Report Muscle Shoals Inquiry, · $1,109,850. H. Doc. 116, 69th Cong., 1st sess.) Michigan used 109,327 tons, and could have saved $495,251. In the estimate by General Williams of cost at Muscle Shoals, Pennsylvania farmers used 330,000 tons, and could have saved he includes royalties and operating fees. If these are ex­ $1,494,900. cluded, his figures for the cost of pure nitrogen is 7.9 cents. The Massachusetts used 58,920 tons, and could have saved $266,- nitrogen actually sells now at 7.6 cents and Chile nitrate at 907. 15.15 cents per pound. A ton of Chile nitrate contains 310 Tennessee farmers used 156,336 tons, and could have saved pounds pure nitrogen. On the basis of 7.6 cents per pound, a ton $708,202. of 2,000 pounds of Chile nitrate would cost only $23.56. Saving in freight is not included in above figures. Phos­ Each penny's reduction in price of nitrogen, on the maximum phoric acid is obtained from Tennessee and Florida and nitrate production of 50,000 tons at nitrate plant No. 2, means $1,000,000 of soda from the ports of the United States, therefore it is saved to American farmers. If, therefore, General Williams is not out of line to use freight rates on fertilizer from Muscle correct in his report, the American farmer would save $7,000,000 Shoals to points in the United States in making the com­ every time the plant produced 50,000 tons. If Colonel Burns is parison of cost of freight on commercial fertilizer now used, correct in his report of 1920 as to the cost of producing am­ and the concentrated fertilizer which could be made at Muscle monia gas, the production price of pure nitrogen would be 8.3 Shoals. cents, or 6.85 cents less than the price of Chile nitrate. On the To illustrate, 460 pounds ammo-phos contains as much plant output of plant No. 2 this would save the American farmer food as 2,000 pounds of mixed fertilizer. The freight on 2,000 $6,850,000 on each 50,000 tons produced at Muscle Shoals. pounds from Muscle Shoals to Lowell, 1\Iass., is $12.64 ; on [Applause.] 460 pounds ammo-phos the freight is $2.90; saving, $9.74, equal ADJOURNMENT to 77 per cent. Mr. HAUGEN. l\Ir. Speaker, I move that the House do now The freight from Muscle Shoals to Raleigh, N. C., on 2,000 adjourn. pounds of commercial fertilizer is $6.05 ; on 460 pounds of The motion was agreed to; accordingly (at 4 o'clock and 58 ammo-phos is $1.39; on each ton, saving $4.66, equal to 77 minutes p. m.) the House adjourned until to-morrow, Thursday, per cent. May 3, 1928, at 12 o'clock noon. This saving is effected on each ton of ordinary fertilizer used in the State. Multiply the number of tons used in the State, 1,217,628, by the amount saved per ton, $4.66, and the result is COMMITTEE HEARINGS the almost unbelievable sum, $5,674,146.48. Add to this the l\Ir. TILSON submitted the following tentative list of com­ saving on nitrogen, $5,515,979; total, $11,190,125.48. mittee hearings scheduled for Thursday, May 3, 1928, as re­ ported to the floor leader by clerks of the several committees : The freight rate to Columbus, Ohio, per ton is ______$8. 85 On 460 pounds ammo-phos the ft·eight is------2. 03 COMMITTEE ON NAVAL AFFAIRS (10.30 a. m.) Saving (equal 77 per cent>------6.82 To authorize an increase in the limit of cost of alterations and Freight per ton to Springfield, fll ______· ------7. 55 repairs to certain naval vessels (H. R. 13249). On 4_60 pounds ammo-phos------1. 73 To authorize the increase in the limit of cost of one fleet sub­ Saving (equal 77 per cent>------5.82 marine (H. R. 13248). Freight per ton to Indianapolis, Ind ______~ COMMITTEE ON THE DISTRICT OF COLUMBIA Saving by shipping ammo-phos______5. U Freight per ton to Lansing, Mich______8. 85 (10.30 a. m.) Saving by shipping ammo-pbos------6. 81 To authorize the merger of street-railway corporations operat­ Freight per ton to Nashville, Tenn______2. 55 ing in the District of Columbia (H. J. Res. 276). Saving by shipping ammo-pbos------1. 96 Freight per ton to Harl'isburg, Pa------11. 60 (10.30 a. m.-caucus room) Saving by shipping ammo-phos------s_ 93 Freight per ton to Albany, N. Y------12. 10 To provide security for the payment of compensation for per­ Saving by shipping ammo-phos------9. 31 sonal injuries and death caused by the operation of motor vehicles in the District of Columbia (H. R. 9688). The total saving in freight by the farmers of each of the States above mentioned can be obtained by multiplying the COMMITTEE ON MINES AND MINING number of tons used by the saving in freight per ton. To that (10.30 a. m.) total add the amount saved on nitrogen purchased and the re­ Authorizing an appropriation for de.velopment of potash sult will be the total amount that could be saved by using the jointly by the United States Geological Survey of the Depart­ cheaper and more concentrated form of fertilizer. ment of the Interior and the Bureau of l\fines of the Depart­ The saving in fertilizer cost and in freight can be accom­ ment of Commerce by improved methods of recovering potash plished in the United States in the same way that it has been from deposits in the United States (H. R. 496). · done in Germany, by the fixation of nitrogen from the air. The COMMITTEE ON BANKING AND CURRENCY operation of nitrate plant No. 2 at Muscle Shoals as provided (10.30 a.m.) in the Morin bill is the initial step necessary to accomplish this result. To amend the act approved December 23, 1913, known as the On March 26, 1925, a committee was appointed to investigate Federal reserve act ; to define certain policies toward which the the entire Muscle Shoals situation and assemble information powers of the Federal reserve system shall be directed ; to with reference to it. This board considered the operating further promote the maintenance of a stable gold standard; to costs of nitrate plant No. 2, basing the operating expenses upon promote the stability of commerce, industry, agriculture, and figures reported by Maj. Gen. C. C. Williams and Colonel Burns employment; to assist in realizing a more stable purchasing after a test run of the plant in 1918. Taking into considera­ power of the dollar (H. R. 11806). · tion all C{}sts of operation and the freight, this committee reported what would be the saving to the farmers in various EXECUTIVE COMMUNIC~TIONS, ETC. States from continued operation of the plant. The average 476. Under clause 2 of Rule XXIV, a communication from saving to the various States figured at 43.4 per cent. the President of the United States, transmitting supplemental 7684 CONGRESSIONAL RECORD-HOUSE MAY 2 estimate of appropriation for the Federal Trade Commission Mr. PORTER : Committee on Foreign Affairs. H. R. 12955. for the fiscal year ending June 30, 1929, amounting to $85,000, A bill to amend an act entitled "An act creating the United was taken from the Speaker's table and referred to the Com­ States Court for China and prescribing the jurisdiction thereof " mittee on Appropriations and ordered to be printed. (Public, No. 403, 59th Cong.), and an act entitled "An act mak­ ing .appropriations for the Diplomatic and Consular Service for REPORTS OF COMMITTEES ON PUBLIC BILLS AND the fiscal year ending June 30, 1921" (Public, No. 238, 66th RESOLUTIONS Cong.); without amendment (Rept. No. 1479) . Referred to the Committee of the Whole House on the state of the Union. Under clause 2 of Rule XIII, Mr. PORTER: Committee on Foreign Affairs. H. J . Res. Mr. GARRETT of Texas: Committee on Military Affairs. 266. A joint resolution authorizing an appropriation of $100,000 H. R. 10478. A bill providing retirement for persons who bold for the expenses of participation by the United States in the licenses as navigators or engineers who have reached the age international conference for the revision of the Convention of of 64 years and who have served 25 or more years on seagoing 1914 for the Safety of Life at Sea, to be held in London, Eng­ vessels of the Army Transport Service; without amendment land, in 1929; without amendment (Rept. 1480). Referred to (Rept. No. 1466). Refetred to the Committee of the Whole the Committee of the Whole House on the state of the Union. House on the state of the Union. Mr. PORTER: Committee on Foreign Affairs. S. J. Res. 97. 1\Ir. GARRETT of Texas: Committee on Military Affairs. A joint resolution authorizing the President to appoint three ·H. J. Res. 224. A joint resolution to ascertain which was the delegates to the Twenty-third International Congress of Amer­ first heavier-than-air flying machine; without amendment icanists, and making an appropriation for the expen·ses of such (Rept. No. 1467). Referred to the Committee of the Whole congress; without amendment (Rept. No. 1481). Referred to House on the state of the Union. the Committee of the Whole House on the state of the Union. Mr. COOPER of Ohio: Committee on Interstate and Foreign Commerce. H. R. 12894. A bill granting the consent of Con­ gress to the board of county commissioners of Trumbull REPORTS OF COMMITTEES ON PRIVATE BILLS AND County, Ohio, to construct a free overhead viaduct across the RESOLUTIONS 1\Iaboning River at Niles, Trumbull County, Ohio; with amend­ Under clause 2 of Rule XIII, ment (Rept. No. 1468). Referred to the House Calendar. 1\Ir. SPEAKS: Committee on Military Affairs. S. 2673. An Mr. :MAPES : Committee on Interstate and Foreign Com­ act for the relief of James E. Trussell; without amendment merce. H. R. 13005. A bill authorizing the Detroit River (Rept. No. 1460). Referred to the Committee of the Whole House. Canadian Bridge Co., its successors and assigns, to construct, .Mr. SPEAKS: Committee on Military Affairs. S. 2966. An · maintain, and operate a bridge across the Detroit River at or act for the relief of Oliver C. Sell; without amendment (Rept. near the township limits of Grosse Isle, Wayne County, State No. 1461). Referred to the Committee of the Whole Bouse. of Michigan; with amendment (Rept. No. 1469). Referred to 1\'Ir. CHRISTOPHERSON: Committee on the Judiciary. the House Calendar. H. R. 10908. A bill for the relief of L. Pickert Fish Co. (Inc.) ; Mr. PEERY: Committee on Interstate and Foreign Com­ with amendment (Rept. No. 1462). Referred to the Committee merce. H. R. 13141. A bill authorizing T. S. Hassell, his heirs, of the Whole House. legal representatives, and assigns, to construct, maintain, and 1\Ir. U:t\TDERHILL: Committee on Claims. H. R. 12714. A operate a bridge across the Tennessee River at or near Clifton, bill for the relief of the Rocky Ford National Bank, Rocky Wayne County, Tenn.; with amendment (Rept. No. 1470). Ford, Colo.; without amendment (Rept. No. 1463).' Referred Referred to the House Calendar. to the Committee of the Whole House. Mr. PEERY: Committee on Interstate and Foreign Com­ 1\lr. McSWAIN: Committee on Military Affairs. H. R. 3278. merce. H. R.13203. A bill authorizing the State Highway Com­ A bill for the relief of Richard A. Chavis; without amendment mission, Commonwealth of Kentucky, to construct, maintain, (Rept. No. 1464). Referred to the Committee of the Whole and operate a bridge across the North Fork of the Cumberland House. River at Bw.-nside, Pulaski County, Ky.; with amendment Mr. WAINWRIGHT: Committee on Military Affairs. H. R. (Rept. No. 1471). Referred to the House Calendar. 4811. A bill to reinstate Frank W. Simpson, formerly lieu­ Mr. PEERY: Committee on Interstate and Foreign Com­ tenant, Coast Artillery, United States Army, as a first lieutenant merce. H. R. 13203. A bill authorizing the State Highway Com­ in the United States Army; without amendment (Rept. No. mission, Commonwealth of Kentucky, to construct, maintain, 1465). Referred to the Committee of the Whole House. and operate a bridge across the Cumberland River at or near the mouth of Indian Creek in Russell County, Ky.; with amend­ CHANGE OF REFERENCE ment (Rept. No. 1472). Referred to the House Calendar. Under clause 2 of Rule XXII, the Committee on Claims was Mr. PEERY: Committee on Interstate and Foreign Com­ discharged from the consideration of the bill (H. R. 5222) for merce. H. R. 13205. A bill authorizing the State Highway Com­ the relief of Robinson Newbold, and the same was refened to mission, Commonwealth of Kentucky, to construct, maintain, the Committee on Military Affairs. and operate a bridge across the Cumberland River at or near Creelsboro, in Russell County, Ky; with amendment (Rept. No. 1473). Referred to the House Calendar. PUBLIC BILLS AND RESOLUTIONS Mr. ROBINSON of Iowa : Committee on Interstate and For­ Under clause 3 of Rule XXII, public bills and resolutions were eign Commerce. S. 3693. An act authorizing the city of introduced and severally referred as follows : Council Bluffs, Iowa, and the city of Omaha, Nebr., or either By Mr. BUSBY: A bill (H. R. 13479) to amend the act of of them, to construct, maintain, and operate a free highway December 11, 1926 ( 44 Stat. 918), entitled "A bill to require bridge across the Missouri River between Council Bluffs, Iowa, the filing of an affidavit by certain officers of the United and Omaha, Nebr.; without amendment (Rept. No. 1474). Re­ States"; to the Committee on the Judiciary. ferred to the House Calendar. By Mr. HOWARD of Oklahoma: A bill (H. R. 13480) to pro­ Mr. RAYBURN: Committee on Interstate and Foreign Com­ vide that four hours shall constitute a day's work on Saturdays merce. S. 3808. An act to authorize the construction of a throughout the year for all employees in the Government Print­ temporary railroad bridge across Bogue Chitto River at or near ing Office; to the Committee on the Civ.il Service. a point in township 5 south, range 18 east, St. Helena meridian, By Mr. OLIVER of Alabama: A bill (H. R. 13481) grant­ St. Tammany Parish, La.; with amendment (Rept. No. 1475). ing the consent of Congress to the Alabama State Bridge Cor­ Referred to the House Calendar. poration to construct bridges across the Tennessee, Tombigbee, Mr. FENN: Committee on the Census. H. R. 393. A bill to Warrior, Alabama, and Coosa Rivers, within the State of ­ provide for the fifteenth and subsequent decennial censuses; Alabama ; to the Committee on Interstate and Foreign Com­ with amendment (Rept. No. 1476). Referred to the Committee merce. of the Whole House on the state of the Union. By Mr. GUYER: A bill (H. R. 13482) authorizing the Inter­ Mr. PORTER: Committee on Foreign Affairs. H. J. Res. 292. state Bridge Co., its successors and assigns, to construct, main­ A joint resolution authorizing the President to invite the States tain, and operate a bridge across the Missouri River at or near of the Union and foreign countries to participate in the Annual Kansas City, Kans. ; to the Committee on Interstate and For­ International Petroleum Exposition at Tulsa, Okla., to begin eign Commerce. October 20, 1928; with amendment (Rept. No. 1477). Referred By Mr. KELLY: A bill (H. R. 13483) providing for the to the House. Calendar. purchase of addition to the site of public buildings at Taren­ Mr. PARKS: Committee on. Interstate and Foreign Commerce. tum in the State of Pennsylvania; to the Committee on Public H. R. 13380. A bill authorizing D. T. Hargraves and John w: Buildings and Grounds. Dulaney, their heirs, legal representatives, and assigns, to con­ By Mr. REID of illinois: A bill (H. R. 13484) rnthorizing struct, maintain, and operate a bridge across the Mississi:Qpi preliminary examinations of sundry streams with a view to River at or near Helena, Ark.; without amendment (Rept. No. the control of ·their floods, and for other purposes ; to tb~ 1478). Referred to the House Calendar. Committee on Flo~d .Control. 1928 CONGRESSIONAL RECORD-SENATE - \ PRIVATE BILLS AND RESOLUTIONS ing the Tyson-Fitzgerald bill (S. 777, H. R. 500) for the...retire­ Under clause 1 of Rule XXII, private bills and resolutions ment of disabled emergency officers; to the Committee on Rules. were introduced and severally referred as follows : 7375. Also, petition of Dr. E. D. Strong and Dr. J. T. McLean, By 1\Ir. BRAND of Ohio: A bill (H. R. 13485) .granting an of El Paso, Tex., indorsing the Tyson-Fitzgerald bill (S. 777, increa~e of pension to Lizaetta Stuckey ; to the Committee on H. R. 500) for the retirement of disabled emergency officers; to Invalid Pensions. the Committee on Rules. - Also, a bill (H. R. 13486) granting an increase of pension 7376. Also, petition of Joseph H. Byers, of Mexia Tex. favor­ to Samantha Coburn; to the Committee on Invalid Pensions. ing House bill 9496, to recognize commissioned s~rvice' in the Also, a bill (H. R. 13487) granting an increase of pension to Philippine Constabulary in determining rights of officers of the Elizabeth Ginn ; to the Committee on Invalid Pensions. Regular Army ; to the Committee on Rules. ALo, a bill (H. R. 13488) granting an increa e of pension to 7377. ~Y Mr. LOZIER: Petition of 55 citizens of Linn County, Bliss Evans Paul; to the Committee on Invalid Pensions. Mo., urgmg the enactment of more liberal pension legislation ; By l\Ir. COHEN: A bill (H. R. 13489) to reimburse Dampskib to the Committee on Invalid Pensions. Aktieselshap RoskYa, owners of the steamship Roskva., for 7378. By Mr. l\IcSWEEI\""EY: Petition of American citizens of damage to said vessel; to the Committee on Claims. Limaville, Ohio, and vicinity, favoring the passage of the Jones By l\Ir. DAVEY: A bill (H. R. 13490) for the relief of bill (S. 2901) and the Stalker bill (H. R. 9588) ; to the Com­ Ralph Rhees; to the Committee on Claims. mittee on the Judiciary. By Mr. DOMINICK: A bill (H. R. 13491) for the relief of 7379. By Mr. MILLER: Petition of citizens of Seattle Wash. Charle S. Gawler; to the Committee on Claims. indorsing legislation for increase in pension for veter~ns and By Mr. GASQUE: A bill (H. R. 13492) granting an increase widows of the Civil War; to the Committee on Invalid Pensions. of pension to Grace Graves Herring; to the Committee on 7380. By l\lr. O'CONNELL: Petition of the United Veterans Pensions. of the Republic, Los Angeles, Calif., fayoring the passage of By l\fr. GOODWIN: A bill (H. R. 13493) granting a pension the Tyson bill (S. 777); to the Committee on World War Vet­ to Lottie C. McConnell; to the Committee on Invalid Pensions. eran·' Legislation. By l\Ir. MAGRADY: A bill (H. R. 13494) granting an in­ 7381. Also, petition of the national headquarters, Milita1·y crease of pension to Ellen O'Neill; to the Committee on Invalid Order of the 'Vorld War, New York City, favoring the passage Pensions. of the Tyson-Fitzgerald bill (S. 777), without amendments; to By Mr. MAJOR of Missouri: A bill (H. R. 13495) granting the Committee on World War Veterans' Legislation. a pension to Mary E. Dutton; to the Committee on Invalid 7382. Also, petition of Post No. 169, American Legion, United Pensions. States Veterans' Hospital, Outwood, Ky., favoring the passage Al o, a bill (II. R. 13496) granting a pension to Finis R. of Cutting and Blanton bills (S. 4041 and H. R. 5477), extend­ Wilhite; to the Committee on Invalid Pensions. ing the time for presumption of ser>ice connection for tuber­ By 1\Ir. ROl\1JUE: A bill (H. R. 13497) granting an increase cular to September, 1928; to the Committee on World War of pension to Elizabeth Miller ; to the Committee on Invalid Yeterans' Legislation. Pen ions. 7383. By l\Ir. SINNOTT: Petition of numerous citizens of By l\lr. SMITH: A bill (H. R. 13498) for the relief of Clarence Milton, Oreg., advocating increase of pensions for veterans of the P. Smith; to the Committee on Claims. Civil War and widows of veterans; to the Committee on Invalid By .Mr. WELLER: A bill (H. R. 13499) granting an exten­ Pensions. sion of patent to Walter D. Johnston; to the Committee on 7384. By 1\Ir. STRONG of Pennsylvania: Petition of citizens Patents. of Reynoldsville, Pa., in favor of legislation to provide for national flood control by the impounding of unrestricted waters · to the Committee on Flood Control. ' PETITIONS, ETC. Under clause 1 of Rule XXII, petitions and, papers were laid on the Clerk's desk are referred as follows : SENATE 7364. By l\Ir. BLOOM: P tition of the American Legion and all other veterans' organizations, indorsing Senate bill 777; to THURsDAY, May 3, 1928 the Committee on World War Veterans' Legislation. The Chaplain, Rev. Z!=l.Barney T. Phillips, D. D., offered the 7365. By l\Ir. COCHRAN of Pennsylvania: Petition of Flor­ following prayer : ence 1\f. Smith and numerous other residents of Franklin, Pa., urging the passage of the Sproul bill (H. R. 11410) to amend Blessed Lord, who hast given us a new commandment, that the national prohibition act; to the Committee on the Judiciary. we should love one another as Thou hast loved us, teach us to 7366. By Mr. CRAIL: Petition of the faculty of Jefferson love our world : The splendor of the night, the silver of the Street School, of Los Angeles, Calif., for the passage of the claw~ , the evening's clouds of molten gold, and earth, now Curti ·-Reed education bill; to the Committee on Euucation. beauty-crowned by the artistry of spring. Give us such under­ 7367. Also, petition of Tri-Counties Reforestation Committee, standing of our fellow men that, turning from all harsh and for the passage of the McSweeney bill (H. R. 6091) ; to the cruel thoughts, we may embrace that ampler creed of life that Committee on Agriculture. finds no room for sel.fishnes or hate, that threatens no revenge 7368. By Mr. DARROW: Petition of 16 residents of Phila­ that pities those who fall, and e>en dares to look on sin a~ delphia, Pa., urging passage of House bill 13143, increasing stumblings of the blind. And though we seem to fail in count­ salaries of customs employees; to the Committee on Ways and less vmys, draw us ever closer to Thyself by the my tic power 1\leans. of thy cross, the one sublime fulfillment of God's love. Amen. 7369. By 1\fr. DOUGLAS of Arizona: Petition signed by 45 The Chief Clerk proceeded to read the Journal of yesterday's r~idents of Glendale, Ariz., urging the passage of House bill proceedings, when, on request of Mr. CURTIS and by unanimous 9685, increasing the pensions of Civil War veterans and widows consent, the further reading was dispensed with and the Jour­ of veterans; to the Committee on Invalid Pensions. nal was approved. 7370. By Mr. EATON: Petition of John McGuire, 913 South­ ard Street, Trenton, N. J., and 31 other residents of Mercer CALL OF THE ROLL County, urging increase in Civil War pensions; to the Committee Mr. CURTIS. Mr. President, I suggest the absence of a on Invalid Pensions. quorum. 7371. By Mr. ESTEP: Petition of the Pitt burgh Coal Ex­ The VICE PRESIDENT. The clerk will call the roll. change, Pittsburgh, Pa., by their secretary, J. Frank Tilley, The legislative clerk called the roll, and the following Sen­ setting forth imperative need of new and larger locks and a ators answered to their names: new dam to replace Dam No.4, Monogahela River; to the Com­ Ashurst Cutting Gt·eene McMaster Barkley Dale Hale McNary mittee on Rivers and Harbors. Bayat·d Deneen Rart·is Mayfield 7372. By Mr. GARBER: Petition of Mid-Continent Oil and Bingham Dill Harrison Metcalf Gas Association, 308 Tulsa Building, "Tulsa, Okla., in opposition Black Edge Hawes Mo, es Blaine Edwards Hayden Neely to Senate bill 3151; to the Committee on the Judiciary. Blease Fess Heflin Norbeck 7373. Also, petition of William Green, president American Borah Fletcher Howell Norris Brookhart Frazier J"obnson Nye Federation of Labor, Washington, D. C., in regard to Senate Broussard George J"ones Oddie bill 744 with certain amendments recommended; to the Com­ Bruce Gerry Kendrick Overman mittee on Interstate and Foreign Commerce. Capper Gillett Keyes Phipps Caraw!\y Glass King Pine 7374. By Mr.- JOHNSON of Texas: Petition of Ernest C. Cox, Copeland Goff La FoUette Pittman assistant adjutant American Legion, Department of Texas, Couzens GDoding Loeber Ransdell Austin, Tex., and Joseph G. Emerson, of El Paso, Tex., indors- Curtis Gould McKellar Reed, Pa.