j.l93l CONGRESSIONAL RECORD-SENATE 5255 _ 9924. Also, petition of St. Hilaire

ferred to the Committee on Foreign Relations. REPORTS OF CO~TTEES Mr. BROOKHART presented the following concurrent Mr. BORAH, from the Committee on Foreign Relations, resolution of the Legislature of the State of Iowa, which was to which were referred the following joint resolutions, re­ referred to the Committee on Agriculture and Forestry: ported them each without amendment and submitted reports House Concurrent Resolution No. 9, memorializing Congress to thereon: enact that certain bUl now pending known a.s H. R. 15934, relat­ ing to the manufacture and sale of oleomargarine and restricting S. J. Res. 252. Joint resolution authorizing an appropria­ the use of palm oil in the manufacture thereof. (By Van Wert, tion for the expenses of the arbitration of the claim of of Franklin) George J. Salem against the Government of Egypt (Rept. Whereas there is now pending before the Congress of the United 1652) ; States a certain bill known as H. R. 15934, the purpose and intent No. and of which 1s to prohibit the use of palm oil in the manufacture of s. J. Res. 253. Joint resolution to authorize an appropria­ oleomargarine and its products; and tion for the expenses of the Sixteenth Session of the Inter­ Whereas the enactment of such b1ll by Congress will be of great national Geological Congress to be held in the United States benefit to the dairying interests of the State of Iowa: Now, there­ fore, be it in 1932 thereon. Mr. BROOKHART also presented the following concur­ Mr. CAREY, from the Committee on the District of Co­ rent resolution of the Legislature of the State of Iowa, which lumbia, to which was referred the bill (S. 5740) to amend was referred to the Committee on Finance: subsection (a) of section 1 of the act relating to the George House Concurrent Resolution No. 11, memorializing the Congress Washington Memorial Parkway, approved May 29, 1~30, re­ of the United States to refrain from enacting a law placing a tariff or embargo on crude petroleum and the refined products ported it with amendments and submitted a report , on Evils of course, anything that Mr. Whitney claims to the contrary about the Stock Exchange and Suggestions for Regulations short covering acting as a cushion, notwithstanding. Thereof. In your letter requesting me to come before your committee you ask for suggestions for regulations. I am not a lawyer. There being no objection, the matter was ordered to. be neither have I had experience in framing laws, but some thoughts printed in the RECORD, as follows: have occurred to me as possible helps without preventing the ex­ FEBRUARY 6, 1931. change from serving its useful purpose. (A. S. Brown, jr., president of Brown's Letters (Inc.), before the I am informed that the present New York State law reads as committee on a bill to regulate the New follows: York Stock Exchange). "HYPOTHEC.\TION OF CUSTOMERS'' SECURITIES EVILS OF THE STOCK EXCHANGE AND SUGGESTIONS FOR REGULATIONS "A person engaged- in the business of purchasing and selling as a broker stocks, bonds, or other evidences of debt of corpora­ THEREOF tions, companies, or associations who-- The greatest evil of the New York Stock Exchange, in my opin­ "1. Having 1n his possession, for safe-keeping or otherwise, ion, is due to the fact that the law of supply and demand is not stocks, bonds, or other evidences of debt of a corporation, com­ allowed to take its natural course. Through organized etfort the pany, or association belonging to a customer, without having any stock market is swayed either up or down, and in many cases lien thereon or any special property therein, pledges or disposes without regard for actual me1·it of the stock, the bulls or bears thereof without such customer's consent; or having only in mind their immediate possibility of success. For "2. Having in his possession stocks, bonds, or other evidences several years previous to the fall of 1929, with business on the of debt of a corporation, company, or association belonging to a upswing, organized etfort was undoubtedly used to manipulate customer on which he has a lien for indebtedness due to him by stocks too high. During the panic of 1929 and during the last the customer, pledges the same for more than the amount due half of 1930, every time there was a reaction in the stock market, to him thereon, or otherwise disposes thereof for his own benefit, financial writers referred to "bea.F pressure," "cautious bear raid­ without the customer's consent, and without having in his pos­ ing," "organized bear efforts," etc. session or subject to his control, stocks, bonds, or other evidences In my opinion efforts to depress the market are much worse of debt of the kind and amount to which the customer is then than efforts to in.fiate it. Buying of stocks is not compulsory entitled, for delivery to him upon his demand therefor and tender exr.ept to any who may have sold short and are obliged to cover of the amount due thereon, · and thereby causes the customer to 1931 CONGRESSIONAL RECORD-SENATE 5263 !lose, 1n whole or 1n part, such stocks, bonds or other evidences The letter 1n which the appeal was presented read In part as of debt, or the value thereof. follows: " Is guilty of a felony punishable by a fine of not more than " The Chfef of the Children's Bureau stated last fall before the $5,000 or by imprisonment for not more than two years, or by number of unemployed reached the present peak • • •: both. "• Now, as in previous periods of industrial depression, a per­ " Every member of a firm of brokers, who either does or con­ manent burden has fallen upon the backs of little children. The sents or assents to the doing of any act which by the provisions losses are permanent, because the gains that they should make of this or the last preceding section is made a felony, shall be this year can not be postponed.' guilty thereof." "You stated in 1924 to House Committee on Foreign Affairs Every broker's agreement that I have ever seen reads in part as with respect to a proposed appropriation of $100,000 to relieve dis­ follows: The customer's securities "may be pledged, repledged, tress of children in Germany? hypothecat¢, or rehypothecated or. loaned by you, either to your­ "'I recognize the many arguments that may be brought against selves as brokers or to others, separately or in common with other charitable actions either by private agencies or by governmental, stocks or securities, and either for the sum due to you thereon or but I refuse to apply these arguments to children.' for a greater sum, and without retaining in your possession or "There is no question as to the need for greater relief for the control for delivery a like amount of similar securities." families of the unemployed than many of them are now getting. "The American Association of University Women is conducting SUGGESTION NO. 1 a campaign of education on low-cost but effective diets conducive Prevent brokers from loaning customers' stocks. Why give to child development, and their executive secretary, Dr. Kathryn them privileges not accorded to banks? McHale, says: SUGGESTION NO. 2 " • If economic depression continues for another 30 months, as Change the present tax law on profits from selling against the economists predict, the children of this country may suffer and box. At the present time a great amount of short selling comes perhaps be handicapped for life.' " from selling against the box; that is, a man might have 1,000 While admitting that large cities could meet their responsibil­ shares of stock for which he paid $20 a share a few years ago. ities to the unemployed, the letter urges appropriation for those The stock is now selling for $100 a share, but the market is unable to cro so and concludes: breaking and he sells short 1,000 shares of this same stock at " To fail to do this will be to repudiate an obligation to the $100 per share and buys in a week later for $90. He has made American people of which no government should be guilty." approximately $10,000 profit, and it is on this profit only that he has to pay a United States Government tax. If the Government D~PORTATION OF CERTAIN ALIEN SEAMEN would require him to pay a tax on the profit above the original Mr. KING. Mr. President, I move that the Senate pro­ cost, namely, on a profit of about $80,000, there would undoubtedly ceed to the consideration of the motion heretofore entered be much less short selling and consequently much less aid to organized bear operators. by me for a reconsideration of the vote by which the bill ecembeP 26, 1920, entitled ·"An act to provide for the treatment Section 6 of the bill requires all vessels entering ports of in hospital of diseased alien seaman." SEc. 6. All vessels entering ports of the United States manned the United States manned with crews the majority of which, with crews the majority of which, exclusive of licensed officers, exclusive of officers, have been engaged and taken on at have been engaged and taken on at foreign ports shall, when foreign ports, to carry a crew of at least an equal number departing from the United States ports, carry a crew of at least equal number, and any such vessel which fails to. comply with when departing from the United States, except that where this requirement shall be refused clearance: Promded, however, a member of the incoming crew has died or has been hos­ That such vessel shall not be required when departing to carry in pitalized he need not be replaced. That provision is for the the crew any person to fill the place made vacant by the death or purpose of compelling vessels that bring in undesirables, hospitalization of any member of the incoming crew. SEc. 7. No vessel shall, unless such vessel is in distress, bring persons who are seeking admission illegally, to take from into a port of the United States as a member of her crew any alien the United States the same number of crew 'that they who if he were applying for admission to the United St~tes as an brought into the United States. immigrant would be subject to exclusion under subdivisiOn (c) of section 13 of the immigration act of 1924, except that any ship of Section 7 of the bill prohibits any vessel, unless in dis­ the merchant marine of any one of the countries, islands, depend­ tress, from bringing into a port of the United States as a encies, or colonies immigrants coming from which are excluded by member of her crew any alien who would be subject to the said provisions of law, shall be permitted to enter ports of the exclusion under subdivision (c) of section 13 of the immigra­ United States having on board In their crews aliens of said descrip­ tion who are natives of the particular country, island, dependency, tion act of 1924, if he were applying for admission to the or colony to the merchant marine of which such vessel b~longs. United States as an immigrant. This provision is subject to Any alien seaman brought into a port of th:e United States m vio­ one exception, however, namely, that any vessel of a coun­ lation of this provision shall be excluded from admission or te~­ try, island, dependency, or colony, immigrants coming from porary landing and shall be deported, either to the place of ship­ ment or to the country of his nativity, as a passenger, on a vessel which are excluded from admission to the United States as other than that on which brought, at the expense of the vessel by being ineligible to citizenship, may be permitted to enter which brought, and the vessel by which brought shall not be United States ports if the crew of such vessel is composed of granted clearance until such expenses are paid or their payment satisfactorily guaranteed. . natives of such country, island, dependency, or colony, re­ SEc. 8. This act shall take effect on July 1, 1928. spectively. This exception would not permit a vessel to bring into a port of the United States a crew composed Mr. KING. Mr. President, I dislike to occupy even a mo­ partly of natives of the country to which the vessel belongs ment because I want the opponents of the bill, if there be and partly of natives of a dependency or colony of such any, to have such time as they feel necessary. Those who country. Likewise, the exception would not permit a vessel are interested in deporting undesirables and other aliens to bring into a United States port a crew composed partly who are illegally in the United States will give support to of natives of such country and partly of natives of any other this bill, which, including other similar bills, has been re­ country or countries. This exception is also not intended to ported unanimously three times from the Committee on affect in any manner the inspection required under section Immigration. 2 of the bill, and if upon such inspection any member of the Briefly, the object of the bill is to prevent the bringing crew of a vessel which is permitted to enter under the ex­ into the United States of a large number of persons, par­ ception is found to be a mala fide seaman, such member is ticularly orientals, in violation of the immigration laws. to be taken to an immigration station and deported as It is intended to apply to two types of aliens: First, aliens provided in section 3. of any class employed on vessels arriving in the United The remainder of section 7 is to be read in connection States and who are found upon inspection to be mala fide with sections 3 and 4 of the bill and is merely supplemental seamen; and, second, aliens employed on vessels arriving in thereto. If any alien seaman is brought into a port of the the United States who are ineligible to citizenship. United States by a vessel to which the prohibition above Section 2 of the bill provides for the inspection of every referred to applies, such seaman, whether he is a bona fide alien employed on board any vessel arriving in the United seaman or a mala fide seaman, is to be taken to an immi­ States from a foreign port to determine, first, whether he is gration station and deported as provided in section 3. The a bona fide seaman; second, whether he is an alien ineligible provision that an alien seaman shall be excluded from ad­ to citizenship; and, third, whether or not he is suffering mission or temporary landing merely means that he is not from any disabilities or diseases specified in section 35 of. the to be permitted to enter the United States and does not immigration act of 1917. . affect the landing of such seaman for the purpose of taking Section 3 of the bill provides that if any alien so em­ him to an immigration station to be held for deportation. ployed is found not to be a bona fide seaman he shall be Mr. President, the hearings which were had before the regarded as an immigrant, immediately removed from the Committee on Immigration disclosed that there were thou­ vessel to an immigration station, and, if he is found to be sands-in one year, as I recall, over 20,000-of malafide sea­ inadmissible as an immigrant, he shall then be deported as men who came into the United States, many of whom were a passenger on a vessel other than that by which brought, smuggled in. This bill will do more, according to the testi­ and at the expense of the vessel by which brought. It is mony of the officials of the Labor Department, to prevent further provided that the vessel which brought such ina - the coming into the United States of mala fide seamen and missible alien to the United States shall not be granted undesirables who are coming here illegally for the purpose clearance until such expenses of deportation are paid or of securing entrance than any provision of law now on the their payment satisfactorily guaranteed. An appeal to the statute books. secretary of Labor may be had from any decision holding Mr. ROBINSON of Arkansas. Mr. President, will the any such alien not to be a bona fide seaman and also on Senator yield? the question of his admissibility as an immigrant except where exclusion is based upon grounds nonappealable under Mr. KING. I yield for a question, but I am very anxious the immigration laws. to conclude. Section 4 of the bill provides that if any alien so employed Mr. ROBINSON of Arkansas. I understand that the is found upon such inspection to be subject to exclusion question is on the motion to reconsider? because he is ineligible to citizenship, he shall be removed Mr. KING. Yes. by the master of the vessel to an immigration station and Mr. ROBINSON of Arkansas. That motion was made deported either to the place of shipment or to the country during the last session of Congress? of his nativity, as a passenger in the same manner as pro­ Mr. KING. The Senator is correct. vided in section 3. ­ by the seaman or the vessel to depart with the vessel. The pur­ vides for the exclusion, with certain specified exceptions which are pose, of course, is to penalize vessels so as to prevent them from not pertinent here, of aliens " ineligible to citizenship," regardless accepting as seamen aliens who desire merely to come to the of the countries from whicp they come. There is no statute of United States as emigrants. It is questionable, however, whether the United States which excludes aliens because they come from the evil sought to be remedied is greater than that which would certain countries, although the Chinese exclusion laws exclude result from the adoption of a procedure such as is prescribed by Chinese persons, with certain exceptions, and section 3 of the the bill. The department has received a number of communi?a­ immigration act of 1917 excludes "natives" of a certain part of tions from foreign diplomatic missions in Washington protestmg the Orient, which is sometimes spoken of as the " barred zone." against this bill, in some of which particular attention _has been As to the penalty contained in section 7, the above remarks called to the penalty just quoted as being unnecessarily harsh concerning the penalty found in section 3 would seem to be and likely to interfere with commerce and navigation between the applicable. The main question, however, relates to the require­ United States and the countries which they represent. ment itself. Even though this requirement may not violate the Section 4 must be considered in connection with section 7. express provisions of any treaties, foreign countries would doubt­ Section 4 provides for the deportation of an alien who is subject less be justified in protesting upon the ground that its practical to exclusion under section 7. As section 7 is not only of special effect would be to make it impossible, or at_least very difficult, for importance but is rather intricate, the first part of it Will be their vessels to continue to come to American ports and that it quoted. It reads as follows: would involve an unreasonable interference in business in which "SEC. 7. No vessel shall, unless such vessel is in distress, bring their nationals have large investments. Therefore, it might be into a port of the United States as a member of her crew any regarded as violative of international comity. alien who if he were applying for admission to the United. States Section 5, which relates to the treatment of disabled an,d as an immigrant would be subject to exclusion under subdivision diseased seamen, does not seem to require special comment. (c) of section 13 of the immigration act of 1924, except that any Section 6: As this section is quite important, it will be quoted ship of the merchant marine of any one of the countries, islandS, in full. · It reads as follows: dependencies, or colonies immigrants coming from which are ex­ "All vessels entering ports of the United States manned with cluded by the said provisions of law shall be permitted to enter crews the majority of which, exclusive of licensed omcers, have ports of the United States having on board in their crews aliens be-en engaged and taken on at foreign ports shall, when depart­ of said description who are natives of the particular country, ing from the United States ports, carry a crew of at least equal island, dependency, or colony to the merchant marine of which number, and any such vessel which fails to comply with this such vessel belongs • • • ." requirement shall be refused clearance: Provided, however, That This section proceeds to state that an alien: excluded under it­ such vessel shall not be required when departing to carry in the " • • * shall be deported either to the place of shipment or crew any person to fill the place made vacant by the death or to the country of his nativity as a passenger on a vessel other hospitalization of any member of the incoming crew." than that on which brought, at the expense of the vessel by which The proviso in this section was evidently added because of the brought, and the vessel by which brought shall not be gr~nted suggestion contained in the department's letter of April 24, 1924 clearance until such expenses are paid or their payment satiSfac­ (pp. 3-4). However, it meets only a part of the objection, which torily guaranteed." relates to sailors deserting as well as to those dying or becoming This section has been the subject of protests by foreign diplo­ m immediately before the time for the sailing of a vessel. The matic missions representing countries whose vessels are ac­ proviso covers cases of death or hospitalization, but does not cover customed to carry orientals as members of their crews. It is cases of desertion. As pointed out in the letter mentioned, if believed that the provision in question, if put into effect, would vessels were required to fill the places of seamen deserting imme­ contravene to a considerable extent customs of navigation which diately or very shortly before the schedule time for sailing, it have grown up in past years and would impede to a serious extent seems likely that in many cases the sailings would be delayed, commercial intercourse between the United States and the foreign thereby causing great losses to the owners and shippers. countries referred to. The danger of a comparatively few orientals The extent to which enforcement of section 6 would injure for­ deserting from their vessels and entering the United States would eign vessels would, of course, vary in different cases, but it seems hardly seem to warrant the adoption of such a drastic law, and it quite likely that vessels of some lines find it necessary to have is believed that the entry of such persons might be prevented in more seamen when coming to ports of the United States than are some other way. needed on voyages from ports of this country, whereas the con­ The Netherlands legation in a memorandum of January 17, 1928, verse may be true of vessels of other lines. Also, it seems quite has called particular attention to this provision of the bill, be­ likely that the needs of seamen may vary in different seasons of cause of the fact that a great number of Netherlands ships, espe­ the year. However, it is safe to assume that many vessels would, cially those of the Pacific lines, have in their crews Japanese and by the enforcement of this proposed provision, be required either Chinese, most of whom are Netherlands subjects. It is added that to leave this country overmanned or come to this country un­ .. if the b1ll should come into force, the strange fact would occur! dermanned. The extent to which the foreign countries would 5270 CONGRESSIONAL RECORD-.SENATE_ ~EBRUARY 18 be warranted in protesting against the application of section 6 is no doubt that this would lead to complications no matter would depend, of course, upon the extent to which it would place how carefully and discreetly the provision were enforced. a burden upon their vessels. Several foreign missions have al­ The bill is not on its face discriminatory against any country, ready called attention to the fact that application of this pro­ but since certain practices have grown up in the merchant marines vision would place a very heavy burden upon their ships entering of various countries, its effect can not fail to be discriminatory. ports of the United States. The Italian Embassy contends that Take the British tramp trader, for example, which may touch its this provision would be in violation of the express provision of home port once in four years. Those wh.ich trade in the Indian Article X of the treaty of commerce and navigation of 1371 be­ Ocean or the Orient haoitually carry Lascars or orientals in their tween the United States and Italy. Whether or not this would crews. In the course of their voyaging they may get a cargo, jute, be the case, it is believed that the provision mentioned would for example, for the United States. The master's altern::~.tive is seriously interfere with the "reciprocal liberty of commerce and to ship a new crew of white sailors, charging the difference in cost navigation," which it was the avowed intention of the treaty in on the freight, or to refusa to accept a cargo for an American question to promote. The British Embassy in its memorandum port. Multiply this instance by several hundred each year and of January 4, says that the provisions of section 6 "are likely to the accumulated effect on our relations with other maritime na­ lead to much Inconvenience and in many cases to long delay, tions is obvious. involving the alteration of sailing schedules and serious loss to Under the bill a Japanese ship may bring Japanese crews to bu'1iness." American ports without the provisions of the bill being invoiced SEc. 7. This section has been discussed above in connection against it. But a British ship from Hong Kong, a French ship with section 4. from Saigon, or a Dutch ship from Batavia may not enter a Pacific The British Embassy, in its memorandum of January 4, men­ coast port with Chinese in the crew without losing these sailors tioned above, after observing that the bill provides for interfer­ on arrival and paying the cost of their passage back to China or ence with the composition of the crews of foreign vessels while the port of shipment. It is going to be difil.cult to convince the in the United States, adds the following statement concerning the British, French, or the Netherlands Governments that such a wide objectionable character of the bill as a whole: · difference in practical effect is not discrimination in favor of the "It ts the general international understanding that when private Japanese. · ships of a foreign state are in port the territorial authorities should refrain from interference with the interior economy of the Mr. President, I can not believe that the Senate of the vessel. The composition of the crew is a matter which affects the United States willingly will pass a bill which would do what interior economy of a vessel, and the proposed clauses, if enacted, it has just been pointed out this bill does. May I repeat, would therefore confiict with a well-established, well-recognized, it permits a Japanese ship to bring a Japanese crew into an and useful international practice." In addition to the communications from the Italian and British American port, from which the Japanese might desert just Embassies and the Netherland Legation, mentioned above, the as they might desert from any other ship; but it does not department has received communications from the French and p~rmit a Briti~h ship to come from Japan with Japanese in German Embassies and the No1·wegian Legation. the crew, or with Chinese, or a French ship to come from For the reasons mentioned, it is believed that the adoption of Saigon, or a Dutch ship from Batavia; and, of course, it Senate bill 717 uould not be desirable. I have the honor to be, sir, your obedient servant, does not permit an American ship to use oriental sailors. In FRANK B. KELLOGG. other words, it discriminates in favor of Japan on the North Pacific route and on any route entering our Pacific coast Mr. BINGHAM. Mr. President, in connection with the ports. letter from the Secretary of State, there is a very interesting To resume what Mr. du Bois, chief of the visa section of statement of the chief of the visa section of the Department the Department of State, says: of State in the hearings on a bill exactly similar to the one now before us on February 23, 1927. This is the statement It is not clear whether section 7 permits a British ship to enter an American port with Lascar sailors and a French ship with Ana­ of Coert du Bois, chief of the visa ~ection of the Department mite crews from French Indo-China, or a Dutch ship with Java­ of State. nese stewards. The Federated Malay States and French Indo­ That was the then title of the bill which is now S. 202. China and Java have no merchant marines of t heir own separat e from that of the mother countries-England, France, and the The CHAIRMAN. Have you examined S. 3574-- Netherlands. But if it does mean that, Germany and the other maritime countries of Europe, who have no oriental colonies, will That was the then title of the bill which is now S. 202- undoubtedly charge discrimination. which is an act to provide for the deportation of certain alien It may be taken for granted, I think, that the dislocation of seamen? existing operating practice among the various merchant marines Mr. DU BOIS. Yes, sir. of the world that would follow, say, a year's close enforcement The CHAIRMAN. Are you prepared to make a statement con­ of this measure, should it become a law, would result in retalia­ cerning it to the committee? tion by the maritime nations against American shipping. Mr. nu Bors. Yes, sir. What form this retaliatory action might take it is difficult to The CHAIRMAN. We would be glad to have you do so at this say. It might take the form of denial of landing privileges to time. American seamen in foreign ports or of discrimination in fueling Mr. nu Bois. The British, French, and German Embassies have privileges to American ships or of discriminatory fi'eight rates on already addressed inquiries to the State Department in regard to cargoes to American ports. In any event, with this law on the this measure. It is known that the Governments of Italy, Den­ statute books, it would be difil.cult for the State Department to mark, Norway, and the Netherlands are also following it closely. meet any rataliatory action that might be devised by foreign So far, the inquiries have taken the shape of a request for infor­ bovernments. mation as to the exact intent of the measure and what the precise In other words, as I said before, this bill, with its very effects of its enforcement will be. admirable intention merely to prevent undesirable aliens Mr. President, may I say that it seems to me it is very from entering our ports, is going seriously to interfere with unfortunate that the Senate, in passing this measure, did the progress of the merchant marine of the United States, not know the attitude of the State Department or the Labor and it is going to bring us into very serious difficulties with Department; and it is perhaps unfortunate that the debate foreign countries, and probably will lead to retaliation on now taking place at the luncheon hour does not include any their part. more Senators than the Senator from Alabama [Mr. BLACK] To resume what Mr. duBois says: referred to yesterday when he succeeded in getting a small The principal treaty provision which might be affected is that handful to listen to what he had to say ·on Muscle Shoals, found in most of our treaties of commerce and navigation to the because the matter is one of really great importance. effect that between the territories of the high contracting parties To continue with what Mr. duBois said: there shall be freedom of commerce and navigation and the na­ tionals of each shall have " liberty freely to come with their ves­ All of the maritime governments seem to see in it something sels and cargoes to all places, ports, and waters of every kind beyond and behind the enforcement of the restrictive immigration within the territorial limits of the other which are or may be policy of the United States. They sense an attack on the existing open to foreign commerce and na:vigation." operating methods of their merchant marines. From the viewpoint of our foreign relations, the worst feature In other words, it is directly contrary to the spirit of the is the apparent departure from th.e time-honored practice of treaties which we have made with these countries; and I am considering a foreign ship in our ports as a bit of the territory of surprised to find Senators who themselves are anxious to its flag. Under existing international practice, any undesirable alien arriving in a foreign port 1s detained aboard the ship and promote world peace, who are anxious not to increase the leaves with the ship if the government of the country considers national defense, who are anxious not to get us into trouble he can not be landed under its laws. This bill violates interna­ with foreign countries, promoting a measure that will, as tional comity in that it proposes to enforce a domestic law by taking seamen off foreign ships in our ports-presumably by force surely as we are meeting here to-day. promote unfriendly if necessary-and sending them home on another ship. There feelings, retaliation, and lead to international difficulties. 1931 . CONGRESSIONAL RECORD-SENATE 5271 Following the statement of Mr. duBois, Mr. Bacon said: remaining before the end of this session prevents hearings According to what you have said, a British ship could not recruit and action. I regretted that decision, for the urgency of the a white crew in India. present situation might well excuse every possible expedition Mr. DU BOIS. That is right. in the passage of this necessary legislation. Mr. BACON. Therefore the ship would have to refuse the cargo However, we are assured that this problem and the pro­ for the United States? Mr. nu BoiS. It might recruit a crew at an intermediate port. posed remedy for intolerable conditions will be taken up Mr. BACON. It might ; yes. and acted upon at the next session. I intend to urge that Mr. nu BoiS. But it is obvious that the cost of bringing that such a course be promptly followed. There is an obligation cargo of jute to the United States would be very much greater and upon the Senate to make its Q.ecision on this question. that additional cost would be added to the price of the material here. In the hearing before the House committee Associate Justice Brandeis, whom I have just quoted, declared that Mr. CAPPER. Mr. President-- knowledge of the facts involved in this problem would lead The VICE PRESIDENT. Does the Senator from Con- every thinking American to support it. He urged education necticut yield to the Senator from Kansas? of Congress and the public, so that the knowledge of the Mr. BINGHAM. I yield to the Senator. truth might free u.S from the menace of monopoly which :Mr. CAPPER. I should like to submit a few remarks. comes from cutthroat competition in merchandising. The VICE PRESIDENT. Does the Senator from Con- That has been the program followed by the advocates of necticut yield to the Senator from Kansas for the purpose the Capper-Kelly fair trade bill, and it will be continued. of making a speech? I believe it is the duty of every Member of this body to make Mr. BINGHAM. Will I lose the floor, Mr. President? a serious study of the principle embodied in this bill and The VICE PRESIDENT. The Senator from Kansas is tie prepared to act in the public interest. This evil of preda­ recognized. tory price cutting on identified goods for purpose of fraud Mr. CAPPER. I shall be glad to yield to the Senator from and monopolization must be ended. The question must be Connecticut as soon as I am through. settled and settled right. Mr. BINGHAM. Very well. Mr. President, this cutthroat competition is changing our THE CAPPER-KELLY FAIR TRADE BILL entire business and social system under our eyes. Its results Mr. CAPPER. Mr. President, for a number of years na­ can be seen in every community in the United States. tion-wide protest has been registered against the cutthroat The action of the lower House has sent the first thrill competitive practice of certain great merchandising corpora­ of encouragement through the ranks of the surviving tions in advertising standard, trade-marked products at 1,000,000 independent retail merchants of this country-the ruinous prices in order to delude the buying public into the first thrill of confidence that they have felt in years-that belief that all goods are sold at the same bargain rates. at .last there are signs that the Congress of this country is The rapid growth of this cutthroat monopolistic practice showing some interest in and understanding of the unequal dates from a decision of the Supreme Court in 1911 in what and unfair contest which has been rapidly rendering the is known as the Miles case, which declared resale-price con­ American people dependent upon a small number of distrib- · tl'acts invalid. Mr. Justice Holmes, in his dissenting opinion, uting outlets for their supplies of food, clothing, dry goods, said: medicines, and other necessities of life. As one with a keen appreciation of the welfare of agri­ I can not believe that in the long run the public will profit by this course, permitting knaves to cut reasonable prices for mere culture as an essential to the economic health of this coun­ ulterior purposes of their own, and thus to impair, if not destroy, try, I can not overlook the key position of the multitude of the production and the sale of articles which it is assumed to be retail merchants as a factor not only in the welfare of the desirable the people should be able to get. farmer but also of the manufacturer and the workingman In 1914, Mr. Justice Brandeis, then a member of the who finds employment when the retailer is active and confi­ Boston bar, made a statement before the House Interstate dent of fair competitive conditions which justify him in and Foreign Commerce Committee, in which he character­ ordering to replenish his stocks. ized the Supreme Court's decision in the Miles case as "in­ Retail stocks to-day are at the lowest point that they advertent and unmindful of the economic facts." In his have ever been relative to the needs of the consuming public. statement to the committee Mr. Brandeis not only testified Out of the losses suffered in the depression of 1921, when that he appeared solely in the public interest, but propheti­ values fell so precipitately on their heavY frozen inventories, cally predicted the dire results which have followed. merchants learned the importance to them of hand-to- The only remedy for present cutthroat conditions, which mouth buying. · injure everybody except the predatory price cutters them­ The bulk of all the goods produced by all the labor in all selves, has seemed to be in the restoration of a permissive the factories finds it way to users across the counters of right to independent producers and their distributors to the retailers. Much of the activity of the railways is in legally agree as to the standard price at which identified carrying merchandise ordered from factories by stores. goods may be sold. When merchants lose confidence and stop buying everything The measure, widely known as the Capper-Kelly fair trade slows down. bill, and pending in Congress for some years, contains such In the decade since 1921 they have seen the alarming a remedial provision. In the form in which I introduced it concentration of retail trade in the hands of chain stores. in the Senate (S. 240) it embodies the best thought of the For those of us whose eyes have been fixed on other ques­ country in relation to this problem. tions let me cite that one grocery chain-A. & P.-which The Kelly bill (H. R. 11), after full consideration by the had less than 1,000 -stores in 1914, and 4,500 in 1920, has House Committee on Interstate and Foreign Commerce, was to-day nearly 20,000 stores and does a business of over reported to the House with a splendid report urging its $1,000,000,000 per year. Yet even this instance is not repre­ enactment. The Rules Committee of the House adopted a sentative of what has been going on. We must remember rule making it a special order, and it was considered and that the really big business of this country is the aggregate passed in the House of Representatives on January 29 last. of the multitude of little businesses, and we should take Certain amendments were adopted which should be modi­ heed that over one-third of this vast volume is already in field if the measure is to have its full force and effect. the hands of less than 10,000 companies and that a large However, with the amendments and just as it came from proportion of this is done by a few score of giants. the House, this bill is inspiring declaration that the volun­ Mr. President, these gigantic middlemen have already ac­ tary agreement between independent makers of identified quired tremendous power over both the factories and the goods and their independent distributors is not a violation consumers. New York and Philadelphia, for example, now of antitrust laws, is not against public policy, and should be depend upon a few chain systems for 75 per cent of their adjudged legal in the courts of the land. groceries and woe to any food manufacturer who seeks The Senate Committee on Interstate Commerce, to which those markets without meeting their terms, to say nothing the House measure was referred, decided that the short time of consumers who might be glad to eat some of the products ·5272 CONGRESSIONAL RECORD-SENATE FEBRUARY 18 whose margins of profit do not correspond to the greed of course. I am aware that there are arguments· advanced in the chain managements. opposition to the position I have here set forth. Most of Nevertheless, over 60 per cent of the country's retailing is them are mere quibbles. I will not on this occasion tres­ still in the hands of independent merchants, and those who pass upon the time of the Senate even to respond to the cherish the principle of equal opportunity upon which ow­ few arguments worthy of reply. country was founded, and who recall with gratification the There is nothing of coddling of inefficient small men in cow-se of its growth, plead for a fair chance for these men the Capper-Kelly fair trade bill. It merely takes away an to continue. artificial advantage from the big fellows and requires them As I shall bring out in a moment, there is a reason why to sw-vive on their merits. It removes a deception which the merchants' stocks are to-day at the lowest point in their misleads the public to its own disadvantage and works a history and why they hesitate to replenish them. The re­ cruel hardship upon multitudes of trustworthy independent tailer is ordering only for his most w-gent demands. He will business men who constitute the Main Street of most of not risk his capital by investing in merchandise under exist­ America and upon producers whose goods have achieved ing conditions. popular demand. If the chains can not prosper without Mr. President, if you would start the factory wheels turn­ resort to the misuse of such products, they do not deserve ing, I can think of nothing more potent at this very juncture to prosper. than to adopt a measure that will restore confidence among It should be borne in mind that no producer is forced to the million retailers who still control 60 per cent of the adopt the relief offered by this bill. It is purely optional. country's business. Once let them believe again that it is As a matter of fact the most eloquent testimony to the real our national policy to assure them a fair and equal position value of the bill is to be found in the fact that its support in the competitive struggle and orders will roll in to the comes altogether from those who are in severe competition. wholesalers and factories in such volume that employment The great combinations who are above and beyond compe­ will take a jump, buying power will be restored to workers, tition take no interest one way or the other. Its support and we will be off the dead center which is retarding pros­ comes from the moderate-sized producers whose goods are perity. This is the psychological moment and the mer­ well known and in demand but in hard competition, and chants are the key men to the situation. from the tens of thousands-yes, hundreds of thousands­ Now I come to the central point that I wish to make. of independent merchants whose existence is threatened by There are those who regard the Capper-Kelly fair trade bill present predatory practices. as a revolutionary measure, something which will overturn Mr. Presi~ent, the bill is in the interest of all wholesome the established policy of the country in an important par­ interests. The only real opposition comes from the big re­ ticular. tailers. If, therefore, you would give the manhood of Ameri­ Exactly the reverse is the truth. The policy under which can retailing-their employees and families-substantial en­ our 1,250,000 retailers came into being was reversed by the couragement, if you would reestablish confidence in the judicial decision of the Supreme Court in 1911 in the Miles ranks of those who are in the most advantageous position case. The way was opened by that decision to the species to start their orders rolling into the mills and factories, if of competition which is itself bringing about an unwhole­ you would retain self-reliant, independent owners to conduct some revolution in the business conditions of the country, ow- retailing in place of absentee-controlled subordinates, and has already put one out of every five independent deal­ and if you would protect the consuming public against ers out of business. present deception and extortion, I urge your support of the I have shown you briefly the extent of the concentration Capper-Kelly fair trade bill. It will mean genuine and per­ of merchandising in recent years and the accelerating pace manent help toward prosperity-not for the few but for all. at which it is proceeding. Unless something is done we will Mr. President, I ask unanimous consent to have printed very soon have reached a state of monopoly which will be at the conclusion of my remarks the text of the bill

!:1931 ··coNGRESSIONAL RECORD-· SENATE 5275 Amendment numbered 95: That the House recede from its could -come into Sari Francisco· Rarbor and go out again disagreement to the amendment of the Senate numbered 95, with her entire crew ·or ·orientals: · An American ship, such and agree to the same with an amendment as · follows: as one of the Dollar Line, which goes · around the world; or Restore the sum stricken out by said amendment, and on o·ne of the Matson Line, which goes to New Zealand and page 68 of the bill, in line 17, strike out " $395,880 " and in­ Australia, or one of the Dollar Line ships going to the Far sert in lieu thereof "$383,380 "; and the Senate agree to the East and back again, and employing at the present time, same. in order to meet competition, Chinese stewards, could not Amendment numbered 99: That the House recede from its come into San · Francisco Harbor without losing all its isagreement to the amendment of the Senate numbered 99, stewards. Furthermore;- a British tramp steamer which and agree to the same with an amendment as· follows: In had been away from home for four years and had put into lieu of the sum proposed insert" $5,731,336 "; and the Senate India with a cargo and had there been offered a cargo of agree to the same. jute for the United States would not be able to accept that Amendment numbered 102: That the House recede from cargo without shipping an entire crew of white men, which its disagreement to the amendment of the Senate numbered it would be impossible to get in India; in other words, such 102, and agree to the same with an amendment as follows: a ship could not accept that cargo of jute for the United In lieu of the sum proposed insert "$7,241,136 "; and the States. Do you suppose, Mr. President, the British Govern­ ,Senate agree to the same. ment is going tamely to submit to any such discrimination Amendment numbered 116: That the House recede from as that? its disagreement to the amendment of the Senate numbered This bill is highly discriminatory. It says to the Japanese, . 116, and agree to the same with an amendment as follows: "You may come across the Pacific with a ship manned by In lieu of the sum proposed insert "$3,747,930 "; and the Japanese and come into San Francisco Harbor or Seattle Senate agree to the same. Harbor or Los Angeles Harbor, as the case may be, and go Amendment numbered 129: That the House recede from qut again." Many among those Japanese crews might de­ its disagreement to the amendment of the Senate numbered sert. This bill is to prevent the possibility of Asiatics desert­ 129, and agree to the same with an amendment as follows: ing or of Lascars deserting in our ports. · But the bill says to In lieu of the matter inserted by said amendment insert the Holland, "You can not 'send a ship from Batavia to the ' following: " $330,000 "; and on page 87 of the bill, in line 2, Pacific coast manned by Asiatics"; it says_ to France, "You strike out " $15,610 " and insert in lieu thereof " $20,610 "; can not send a ship from French Indo-China to the Pacific and the Senate agree to the same. coast manned by Asiatics; you can only send one manned by The committee of conference have not agreed on amend­ Frenchmen." In other words, we discriminate against cer­ ments numbered 130 and 131. tain European nations. Germany can not even send a ship CHAs. L .. McNARY, across the Pacific Ocean manned to any ext~nt by any w. L. JONES, orientals because Germany has no Asiatic colonies at the WM. J. HARRIS, present time. JOHN B. KENDRICK, The State Department has pointed out, in a letter which E. D. SMITH, I had read this morning, signed by former Secretary Kel­ Managers on the part of the Senate. logg, that the bill if enacted is sure to get us into trouble L. J. DICKINSON, with foreign nations. The representative of the State De­ ROBT. G. SIMMONS, partment, appearing before the House committee when the JOHN W. SUMMERS, bill was there considered, said in answer to questions that J.P. BUCHANAN, there had been inquiries from several foreign countries in JOHN N. SANDLIN, regard to the likelihood of the passage of the bill, pointing Managers on the part of the House. out that it was highly discriminatory, and stating that it would undoubtedly lead to -retaliation on their part. Yet The report was agreed to. we are asked to pass this bill without fully understanding DEPORTATION OF CERT.tUN ALIEN SEAllmN that it will get us into trouble with foreign nations because The Sen~te resumed the consideration of the motion of it is discriminatory, favorable to some and disadvantageous the Senator from Maine [Mr. GoULD] to reconsider the to others. vote by which the bill (S. 202) to provide for the deporta- In a letter which I had read this morning from the Labor tion of certain alien seamen, and for other purposes, was Department, signed by the Assistant Secretary of Labor. passed. there is indicated the extreme difficulty of administering the The VICE PRESIDENT. The Senator from connecticut bill and the great expense of doing so. The Assistant Secre- [Mr. BINGHAM] has the floor. tary pointed out the fact that if a British ship comes into Mr. BINGHAM. Mr. President, the bill, s. 202, about New York with a Chinese steward on board he must be which we have been talking this morning, concerning which taken off that ship, furnished a guard across the continent. a motion to reconsider the motion by which the senate his expenses paid for the journey of 3,000 miles, put on a passed the bill is now pending, is a bill about which many ship, and sent the shortest way back to China. Members of the Senate are uninformed. The title of the The bill, Mr. President, is one which has so many impli­ bill would seem to indicate that it is a very harmless meas- cations and complications in it that jt is difficult for us to ure, "to provide for the deportation of certain alien sea- grasp it all in the few moments in which we are permitted men, and for other purposes." Actually, Mr. President, the to consider it. bill would do several things which its authors, I am con- Section 2 of the bill provides that- vinced, did not intend. Every alien employe~ on board of any vessel arriving in the In the first place the bill would make it impossible for a United states from any place outside thereof- British steamer coming from Shanghai, with a Chinese "Every alien employed on board of any vessel arriving in crew, to take cargo for San Francisco and, coming into the United States from any place outside thereof"- San Francisco, to leave with the crew with which it came in, because British steamers coming across the Pacific shall be examined by an immigration inspector to determine whether or not he is a bona fide seaman. Ocean have largely Chinese crews, Chinese stewards, and Chinese for the handling of the cargo, and those Chinese, Mr. President, that is contrary to the practice of centuries. under the terms of .the bill, would· all be taken off the Foreign ships and their crews coming into the ports of other British ship. at San Francisco Harbor and put in jail until countries have been treated with courtesy and such shipg they could ·be .deported in another ship, and that would have been regarded, more or less, as a part of the foreign ter­ bring on trouble with Great Britain. · A Japanese ship com- ritory of the country under whose flag the ship is sailing, and ing across the north Pacific manned entirely by orientals · no efiort has been made to go aboard such ship and inquire

LXXIV-333 5276 ·coNGRESSIONAL RECORD-SENATE' FEBRUARY -18 into the bona fides or the mala fides of any-member of the 'Pittman Shortridge Thomas, Okla. Walsh, Mass. Ransdell Smith Townsend _ Walsh, Mont. crew. In a way, Mr. President, it is the same kind of act com· Reed Smoot Trammell Waterman mitted against the United States by Great Britain which led Robinson, Ark. Steiwer T-ydings Watson to the· War of 1812. Great Britain, then a powerful nation, Robinson, Ind. Stephens Vandenberg Wheeler Sheppard __ Swanson Wagner W1111amson one of the most powerful in the world, took advantage of the Shipstead. Thomas, Idaho Walcott fact that the United States was a weak nation to board our ships on the high seas and investigate the crews and.:. see The VICE PRESIDENT. Eighty-seven Senators have an­ whether or not any members of the crews might· be considered swered to their names. A quorum is present. to be British. and if so, if they looked as though they might EXECUTIVE ~SAGES REFERRED be British, they were removed from the American ship and Messages from t~ President of the United States making­ taken aboard the British ship which had held them up. As a . nominations were referred to the appropriate committees. result we had the War of 1812. Mr. NYE. Mr. President, will the Senator yield to me for MEMORIAL ADDRESSES ON THE LATE SENATOR OVERMAN the purpose of submitting a report? The VICE PRESIDENT. The hour of 2 o'clock and 30 The VICE PRESIDENT. Does · the Senator from Con­ minutes p. m., being the time fixed for the memorial ad­ necticut yield to the Senator from North Dakota? dresses on the late Senator OVERMAN, of ,· Mr. BINGHAM. I yield. having arrived, the Chair recognlzes the junior Senator from­ WATERS OF HOT SPRINGS NATIONAL PARK, ARK. North Carolina. Mr. MORRISON. Mr. President, I offer the resolutions r Mr. NYE. - From the Committee on Pubiic Lands and which I send to the desk. Surveys I report back favorably with an amendment to the The VICE PRESIDENT. The resolutions will be read. title the bill (S. 6171) to regulate the prescribing and use The resolutions

I As acting chairman of the Committee on the Judiciary dur­ the Senate floor; the real work is done mostly in the com-: ' ing the illness of Senator Culberson and as ranking Demo­ mittee rooms. He did that work faithfully. He was always \ cratic member of that committee the service he rendered present in the meetings, doing earnestly and conscientiously 1 in protecting the Constitution from direct and indirect at­ the duties that came to him. His judgment and his counsel . tacks can not be overestimated. He was ever a· palladium were always valuable. We shall miss him there probabl$' ' of' strength and support to the Federal Constitution. His more than anywhere else. · ability, fairness, and justness were so marked that he was When not engaged in committee work he was found in his invariably selected as a member of subcommittees appointed place on the floor. He did not often take part in debate, , by the Committee on the Judiciary to conduct important in­ but when he did he spoke clearly, concisely, forcefully, ear­ vestigations. The judicial temperament and ability he dis­ nestly, and to the point. He impressed all with his earnest­ played in those investigations won universal approval and ness and sincerity. added to his already great reputation. In some of those Senator OvERMAN was faithful to the interests of his peopl~ investigations he differed with a majority of his party asso­ to the smallest detail, but he placed the welfare of the Na­ ciates, but all accorded him honesty in his convictions and ti~n above all local or personal considerations. He rendered admired his firmness in ~arrying them out. These differ­ the highest service to his country during the World War, and ences, founded upon striking sincerity, did not subtract from his name will be forever connected with some of the most but rather added to his repute among his party associates. important legislation of that period. Senator OvERMAN was acting chairman of the Committee As the years came on, his physical infirmities increased. on Appropriations during the illness of my late colleague, This did not lessen his devotion to duty. Even though his Senator Martin, and as ranking Democratic member of that priceless eyesight became dimmer and dimmer, he was always committee rendered valuable service to the Nation as a found in his seat on the floor of the Senate or at his place whole. As a member. of that committee he was economical, in his committee room. To one who lmows of his faithful­ loath to waste public money, 'but most effective in obtaining ness to his duty it is no wonder that his constituency trusted legislation for the development of the country and .its him implicitly and honored him so unstintingly. He de­ progress along beneficial lines. No member of this im­ served it by his faithfulness as well as by his great ability. portant committee had more constant service, was better His friendship is a priceless memory. He was courteous, informed as to governmental needs and expenditures. No kind, gentle, and helpful. I will never forget his kindness one was more potential in securing proper appropriations to me as a new Member, and that kindness continued to the . for necessary governmental undertakings nor more deter­ end. My regard for him was an affectionate one. My asso- · mined in fighting useless expenditures. Senator OVERMAN's ciation with him is an inspiration to more earnest and faith- ' splendid record of service on the Committee on the Judiciary ful devotion to my people and my country and their interests ( and the Committee on Appropriations-two of the most im­ and welfare. A strong influence for good and the country's ·

portant committees of the Senate-brought to him high welfare will be the public service, the devotion to duty, and I standing in this body and great repute in the country. the conscientious adherence to the right that characterized , President Wilson held Senator OVERMAN in very high re­ the life and character of LEES. OVERMAN. gard and esteem. He was one of President Wilson's closest and most trusted advisers, and attended councils called by _Mr. SHEPPARD. Mr. President, from plain, plateau, and President Wils9n both in times of peace and times of war mountain, notes of mourning rise throughout North Caro- ·coNGRESSIONAL RECORD-SENATE 5281 (1931 I lina. From beach to peak. from Pamlico to Pisgah, sorrow he frequently would suggest the solution of a legal or a con- ~ broods--the sorrow of a people for the passing of a famous stitutional problem in a few logical and lucid sentences. son, LEE SLATER OVERMAN. He justly ranked among the greatest lawYers of the Senate. For nearly three decades he served his Commonwealth Abilities were his which would have shone with an especial within this meeting place of Commonwealths, this council splendor in the Nation's most exalted court. His aid in of the States, that holds authority to make and mold the framing laws against monopoly, his help in shaping the structure of the Nation. In mental and in physical stature, enactment placing in the hands of powers in heart and soul, he towered in the forefront of this Senate, necessary to resist and counteract internal enemies through­ exemplifying the noblest traditions and ideals of our history. out the late world struggle, gave him nation-wide repute. He was preceded here by many striking figures in the The latter measure, known in general parlance as the Over- · annals of his State. The roll of Senators North Carolina man Act, was one of Wilson's strongest weapons in the re­ has commissioned is an impressive one. Thereon we find cent globe-encircling confiict. the names of Hawkins, who possessed the confidence of At times he rose to purest eloquence, to most effective Washington, and was a member of his staff; of Johnston, oratory. In this respect he was most happy in descriptions moderator of that fearless body of North Carolinians from of the valor and endurance of the South while in the throes which came the Mecklenburg announcement of colonial in­ of desolation. It was not often that he felt the stirrings of dependence many months before the Philadelphia document his genius for moving utterance; but when occasion justified was born; of Martin, brilliant soldier of the Revolution; he had the tongue of fiame, the mastery of speech. of , numbered with the warrior groups Kings We turn now to an aspect of his character intensely prac­ Mountain placed among the Nation's saviors and Guilford tical. The disposition of the colossal sums required to keep Court House made immortal; of , who the Government in operation involves a patience and an fought when only 14 years of age upon the high seas with application of exceptional degree, attention to detail, minute, Decatur; of Branch, a member of the Cabinet of Jackson; painstaking, health imperiling. By virtue of his membership of Macon, leader of a nation's thought and action in times on the Committee on Appropriations he knew with intimacy of crisis and of peril, Speaker of the House, allied for a the framework of this Government-a framework so vast, short time with Randolph and the Quids, but turning back so complicated, as to batHe any ordinary effort to envisage to Madison and as a Senator assisting him in establishing re­ it. A labyrinth of bureaus, offices, departments, projects, soect for free America throughout the world; of Mangum, institutions, services, commissions, boards, and courts--ques­ distinguished in political affairs and prominent in critical tions ranging from the salaries of watchmen to the needs of events of State and Nation; of Graham, Fillmore's naval Boulder Dam, from the pay of an unskilled labor~r to the Secretary, gov.ernor of his State, a senator of the Confed­ construction of a battleship, specific allocation for each dollar eracy; of Badger, whose ability and grasp of bafiling prob­ of $4,000,000,000, now five billions, every year-all this he lems so impressed the Senate that it passed a resolution of carried in his mind with ease, observing each expenditure regret on his retirement, an event that stands, perhaps, with the vigilance and exactness of a practical financier, alone; of Bragg, a notable in law and legislation, attor­ of an economist who guarded every outlay in the people's ney general of the Confederacy; of , whose tal­ interest. ents graced the bar, the bench, the legislative hall for The Senate records show neither a broader nor a better . almost 50 years; of Clingman, versatile beyond compari­ balanced statesmanship than that of OVERMAN. They show son, a colleg~ graduate, practitioner of law, member of no Senator with finer bearing nor with greater .tolerance. the State senate and the State house of commons, of Fed­ He never gave a personal affront to any man within this eral House and Senate, brigade commander of the Con­ Chamber during nearly 30 years of service. Good will and federacy, consulted in the national tribunals of his party, cheerfulness were gospels his conduct radiated, his life pro­ and concluding his remarkable career a.S an explorer and claimed. Harsh words or words unclean were alien to his a measurer of mountain peaks; of Ransom, faultless in lips. He wished ill fate to none. With charity he judged · attire, of princely bearing and impressive mien, who rose the race of men; and multitudes who came within the circle from private to the rank of major general upon the field of his benefaction and regard will hold him in the gentlest of arms, and who for nearly a quarter of a century sus­ memory. tained with courage and consistency the teachings of de­ mocracy upon the field of legislation; of Merriman, re­ Mr. MOSES. Mr. President, the term of LEE SLATER nowned in law, in war, in legislation, and political achieve­ OvERMAN's service here compassed the span of a human gen­ ment, one of whose daughters became the wife of OVERMAN; ­ eration, and he saw the entire S~nate, with a single excep­ of Jarvis, soldier, lawyer, statesman, diplomat, identified tion, pass out before him, while an innumerable company for more than 50 years with highest offices and functions; came and went with our changing personnel of the years. of Vance, superb in eloquence, in humor, wit, and repartee, He came here in the period of readjustment following the defender of his native land in battle, preserver of its liber­ Spanish War; in mid-term he was a commanding figure ties when threatened by the storm of reconstruction, whose in the group who formulated the legislation necessitated by devotion to the general welfare has ranked him among the the World War; and he lived to share in the labors which historic champions of the people and made a lasting im­ followed in its wake. The episodes through which he press on the heart and history of his State. passed and the topics . which he touched epitomize the Such was the background for the service of LEE SLATER Senate as a living organism in the structure of our national . OVERMAN, a seryice worthy of such predecessors. Indeed, existence. while still in youthful years he had been Vance's secretary He brought here exceptional preliminary experience for and had been with Jarvis in the same capacity while Vance the tasks which awaited him. The ink was hardly dry upon and Jarvis held the post of governor. Association with his college diploma when he became private secretary to these men who afterwards became decided ornaments of this Gov. Zeb Vance, and served during those turbulent days assemblage prepared him in a vital sense for labors here in when North Carolina was turning from carpetbag rule to later times. Well may we say that his endeavors as a renewed self-government. He served for five terms in the Senator were of the widest scope, the highest type. He State legislature and was once its speaker. He practiced came to be considered an authority on Senate rules and law in the intervals, and sought once unsuccessfully the goal precedents, an arbiter of conduct in debate, the natural of the senatorship, which he later achieved and in which result of his connection with the Senate Rules Committee he won such distinction. But, Mr. President, if his public for so long a time. background was without Federal experience, he possessed Accomplished as a lawyer prior to his entry here, he took the advantage which belongs to the well born and well a genuine delight in membership upon the great Committee educated; and he speedily demonstrated that he was right­ on the Judiciary. His knowledge of the law was compre­ fully placed here. hensive and profound. His intellect was anchored in the · He found here as a colleague his friend and classmate; fundamentals. In the committee and upon the Senate fioor and the careers of these two men stretched through the .CONGRESSIONAL RECORD-SENATE ;FEBRUARY 1~ - , years with a curious and significant parallel.· It adds to the Senate longer than 30 years, so that his service of 28 the sadness of this occasion, Mr. President, that that friend years was one of the longest in the Senate. During that and colleague may not be with us to join in the tribute we long career his record was of the very highest distinction. are seeking tO> pay. When I came to the Senate he was a member of the Appro­ As a young Senator and a member of the minority, Mr. priations Committee of the Senate and chairman of the· ·OVERMAN cheerfully undertook the drudgery which that en­ Judiciary Committee. He wielded a powerful influence on tails; and it was by no means through the mere incidence these two great committees. of seniority that he found himself, when his party came During the World War Senator OVERMAN was in many tto its long-deferred control, in those positions of influence respects the representative of President Wilson in the Sen­ which enabled him to attach his-name to some of the most ate. He was a devoted admirer of President Wilson, and ,significant of the legislation of the war period. It was then, the President relied upon him. Their friendship was very Mr. President, that his senatorial career reached its zenith; cordial and close. One of the greatest fights he was ever and was given to me, also a young Senator and in the in, perhaps, was his fight to give the President power dur­ minority, to see him in the Sixty-fifth Congress, fulfilling, ing the war to transfer the duties of the officers of one .with undiminished power, those duties so soon to pass to department to the officers of another department. It the hands of the opposite party. placed him very much in the public eye, and his successful He was then the beau ideal of a Senator-in appearance fight was a great victory. and in all the qualities of mind and soul which equip men President Wilson wrote him a letter in reference to this for service here. With a toga upon his rugged shoulders and bill, in which he said: a fillet around his snow-white locks, he could have stepped It is admirable the way you have handled these important bills, back through the ages and walked the Prretorian pavements and I thank you with all my heart for standing by the b111 which bears your name, without any compromise of any kind. You are on terms of complete equality with any senator of ancient a splendid fighter. Rome. It was but natural that the tremendous tasks which he was then laying down should have left their mark upon Senator OVERMAN was never a spectacular Senator, but him, and that his slackening powers should have found during his entire service he was a successful Senator. He thereafter only those occasional bursts of fiery zeal with accomplished much for his State and Nation each year. which he sometimes roused himself to action which electri­ He had wonderfui committee assignments. As a member of fied t.he Senate. He was passing into the evening of his the all-powerful Appropriations Committee he was ever life-an evening destined to be long and golden, warmed active and alert. The Judiciary Committee, over which he with the color of an autumn day. He was surrounded by the presided during Democratic control. was nearest his heart. solicitude of an adoring family-and we shared that solici­ He was also a member of the Rules Committee. tude with them. He fell to sleep and we saw him laid to He took a great interest in providing a more elastic cur­ his rest, our grief tempered by the reflection that we had rency system, and was very active in the enactment of the been privileged to know him and to love him. Federal reserve law. He was also active in the adoption of the income tax amendment and law and the farm loan act and ! It is not easy, Mr. President, to compact into a single word 1or a single phrase a summary of long life like his, but this rural credit law. He took an active interest in roads and I venture to declare: In thinking Of LEE SLATER OVERMAN, in parcels post and the establishment of the Department of but one word leaps instinctively to the lips of those who were Labor. He was a strong advocate of vocational education here associated with him-affection. He radiated it himself, and rehabilitation, and believed in standing by the soldiers and he commanded it from others. It will be the employ of and sailors of the land. 1 our frequent thought of him in the years that are to come. His whole senatorial life was one of loyalty to the highest and best interests of the people of this Republic and to the , Mr. McKELLAR. Mr. President, one of the most delight­ highest ideals and traditions of this Nation. Loyalty to ' fui experiences of service in the Senate of the United States, duty was a watchword with him. He was loyal to the best if not the most delightful, is the association with the other interests of the farmers; of business men, manufacturers, 95 Members of this body. The friendships that are formed wage earners, and laboring men; of American soldiers and here are very strong, irrespective of party, creed, or opinion. sailors; of the people of his home State, and, above all, to Since I have been here I have formed strong attachments the best interests of this mighty Nation. As one of the , ·for many Senators. Of all these attachments, I have never papers said about him: felt a stronger one for any other Member of this body than The Democrats valued him as a tower of strength for their party. I felt for the late Senator ~EE S. OVERMAN, of North Caro­ The Republicans admired him as an American. lina. It happened that I knew him well during my service Senator OvERMAN could engage in the warmest discus­ in the House of Representatives. I met him soon after I sions, and yet all through them not only maintain his own came here 20 years ago. He was always kindly, always cause and his own dignity but when the debate was over genial, always helpful, always encouraging, and even before he had the respect and admiration of his opponents as well I came over to the Senate I became one of his great admirers as of his allies. There was something in him so innately and one of his warmest friends, and he was my friend. straight, so innately pure, so innately wholesome, something After I came over to the Senate and became intimately so innately honest, so innately true, that both friend and associated with him on committees, seeing him every day foe recognized these wonderfui qualities in him and esteemed in our work here in the Senate, I formed the deepest and and respected him and loved him. sincerest and most abiding attachment for him. I never He was a great student of the Constitution of the United knew a kindlier man. I never knew a · more amiable man. States. His devotion to it was perfect. He believed in up­ I never knew a more gentlemanly man. At the same time, holding it to the last degree. This sometimes led him to I never knew a man who was more meticulous in his views take an unpopular side of a question, but whether a cause of what was right and what was honorable than was Sen­ was popular or unpopular made no difference whatsoever ator OVERMAN. He would have cut off his right hand before with him .if the Constitution was involved. He followed he would have struck below the belt on any matter. He the mandates of the Constitution as he construed it, and was the soul of honor. He was the very perfection of cour­ without regard to the popular or unpopular side. tesy. He was the very model of propriety in his dealings His devotion to his State was beautiful in the extreme. He with his brother Senators and with all mankind. In all of ever fought for her interests. He was ever faithful to her his gentleness and nobleness of character he was, at the welfare. He believed in his country, he served his country, same time, as strong as adamant· in all matters of princi­ but he ever regarded North Carolina as the most perfect ple-unyielding and uncompromising for the high ideals and part of a perfect Nation. purposes which ever animated his life. His devotion to the Democratic Party was that of a just Senator OVERMAN served nearly 28 years in the Senate. and true partisan. He never apologized for the party. On Some years ago I looked the matter up, and found that only a number of occasions, and sometimes under great &tress, it ,ll Senators had ever served during the whole history of was suggested that he take a course which meant an apology. l931 CONGRESSIONAL RECORD-SENATE 5283 - for his party. He never took that course. He never made Senator OVERMAN was my friend, and the radiance of his that apology. He was true to the faith of Democracy always. fellowship with ~emories that breathe pervades our pres­ When his party banner was unfurled, immediately he was to ence to-day and holds within it all the essence of true com­ be found under the folds. I recall a Democratic dinner radeship. Everything he said or did was so true, so natural, party he and I attended not many years ago. I took him to so candid, and so unstudied that it makes us feel that such the party in my car and took him home afterwards.· He a man could not and has not died and that immortality is was the lion of the meeting; indeed, it turned qut to be an a present, hopeful reality. He is free to wander where he Overman celebration, and I never knew a happier man than wills and to flash back in the rising and the setting sun· and he when I bade him good-by that night. He was never hap­ God will call him clear across the wind-swept sky, but 'he is pier than when serving his party. not dead. He has left his heart-yes; its last sigh-with his Mr. President, Senator OVERMAN was an ornament to the ~oved ones, in the emerald meadows, in the mist of the night, Senate. Personally he was regarded as perhaps the hand­ m the moonlit room, in their moment of exquisite joy, and somest man in the Senate during his entire service. He when their hearts are breaking from some new grief. No; was pointed out from the galleries as the most distinguished­ he is' not dead. He is looking back with a smile. He is just looking man in the body. He looked like a senator of old across the border-over there in eternity. It is not far way Roman days. But, Mr. President, it was not his good looks and the journey is not long, but- that made him the true ornament of the body. His splendid Not till each loom is silent ability, his great wealth of learning, his knowledge of his­ And the shuttles cease to fly, Shall God reveal the pattern tory, his knowledge of the rules of the Senate, his knowledge And explain the reason why of men, his knowledge of measures made him truly adorn The dark threads were as needful the body in which he served so long. In the Weaver's skillful hand As the threads of gold and silver Mr. President, I never think of the word "gentleman" For the pat tern he has planned. that I do not think of Senator OVERMAN. In my day and time I have seen and known and been associated with many LEE OVERMAN knew the value of time, the wisdom of econ­ perfect gentlemen, but in my own judgment Senator OVER­ omy, and the rewards of working. He achieved the lasting MAN was as punctiliously a perfect gentleman as I ever knew. s~cc~s. of perseverance and he ever preserved the dignity of I was proud of his friendship in his life; and now, after he simplicity. He valued the inherent worth of character and is. gone, I am proud to remember that he was my friend. he ruthlessly exercised the power of kindness. My association with him made me a better man. His life He extended and enlarged the influence of example and and character had an elevating effect upon the life and he practiced the virtue of patience. He discharged in full character of every man with whom he associated here. the obligations of duty, and he did these things without wit­ The Senate was a better body that he was a Member of it, nesses, not only because he was strong and unconsciously and all of those of us who had the privilege of knowing great but because his natural and acquired endowments in­ him and of coming in contact with his courtly manner and vited a~d compelled confidence and affection. Here, indeed, wonderful life will recall, as long as time lasts, the lofty were his holy quests, proof of his unassuming superiority his humanity, his keen sense of honor, his wit and humor: elements of his nature which made his life an inspiration and his memory a benediction to all who knew him. his grateful, gracious personality and generosity, and all of th~m the distinguished traits of a rare gentleman, a kindly Not only was his personal and political life fine and philosopher, and a true friend. Yes, his was true courage, blameless, but his family life was ideally beautiful. His not a contempt of life, and he was a second self to all who adoration of his lovely wife and daughters and all his were privileged to sit beside him in familiar confidence, and family and their devotion to him were known of ereryone who to-day mourn his absence. and constituted one of the most ideally beautiful pictures of In recollection it will always console those who admired American life that it has ever been my good fortune to and loved him that he was always honorable because he was know. innately manly; that he demanded justice because it is the Mr. GOFF. Mr. President, death takes us tinawares and truth; and that he lived and observed temperance and mod­ leaves us wondering, doubting, and ever pondering. It is a eration in all things because he had mastered self. He knew path that must be trod if man would ever go to God. There that the lasting basis for all human conduct that is worth are tears for all things everywhere, and death is ever touch­ while rests solely upon such moral conceptions. He felt that ing the heart and the mind of man and nature. such precepts should be ingrained in the life of every honor­ able, upright, God-fearing citizen, and that to exact their Senator LEE SLATER OVERMAN, whose memory and· whose recognition and to impress them by conduct upon others was work we honor to-day, was one of the finest, truest, and a debt that each of us owes to mankind, and few men of my most outstanding characters it has ever been my good acquaintance have ever more fully acquitted the obligation. fortune to know. High ideals and virtuous actions were so I shall always rec:.ll Senator OVERMAN as a man who lived interwoven in his life that it is difficult to believe that he is and spoke the truth with thoughts that breathe and words gone. It seems in retrospect rather that he has just wan­ that burn in their ceaseless luster. I shall always remember dered away to return to us with the same cheery smile and him as a character whose W1Spotted soul spoke its secrets so wave of his hand, just as he was and as we will always calmly and so plainly that it will ever be in melodious remember him. I can see him now walking calmly upon his harmony with all he said and did. These facts stand out, way to the end of human sorrow, wrapped in the majesty because he was instinctively a ruthless destroyer of show and of his great purposes, and supremely oblivious to the vex­ pretense, but his urbanity was a part of himself and never ations of the world's cynicism. departed from him. How is one ever to know a colleague, a comrade, and a His reverence for the fundamental truths of religious friend? Certainly not by the duration of association or faith was profound. Not to destroy but to create was his acquaintance. Friendship can not be bought or sold by serv­ part in the world. He lived his convictions, and he builded ice rendered. It can not be coined into acts of gratitude or for all who knew him a noble edifice of human destiny, obligations. Obviously it plays no part in the small change solid in its simplicity, beautiful in its structure, and elevated of daily courtesy. It is outside all of these, but it contains in its innate and its eternal grandeur. However one might them all and is superior to each and every one of them. differ with him, no one ever doubted the genuineness of his Friendship comes unannounced. It bears no letter of intro­ profound assurances, because his sincerity in all he thought duction. No mutual friend does or can vouch for it. Sud­ and did was supremely transparent and sublimely beyond denly and silently it steps unexpectedly out of the shadow of question. His gracious and tactful nature was always above this life into the esteem of intimate association and that ungenerous suspicions and far removed from the criticism mystic bond of brotherhood that makes all men·one just as a of selfish ambition. picture is projected on a lighted screen. ' The possession of these splendid, tolerant qualities, attri­ It is love without either flowers or veil. butes of supreme attainments, did not weaken the strength 5284' ·co-NGRESSIONAL RECORD-SENATE FEBRUARY 18 I of his fiim-will br-his power to strike hard blows at wrong servant everywhere. I think of him as brief and tttrect in and error. debate. I think of him as sound in judmnent. As I iook back over my days in this distinguished body, I think the greatest tribute t!iat can be paid to a public I . am sincerely grateful I was permitted to know our dis­ servant is what is sai.d of Joseph in the New Testament. tinguished and departed brother and to understand and in­ Not much is rez-orded about ~ Joseph's life. No one knows telligently knit together the finer threads of his natw·e and where .r..:e was born. We know he was a carpenter, but to realize that many of his impulses were greater than any little else is .disclosed of the events of his life. But there special or limited environment. Yes, the thoughts which is a eulogy of Joseph that every public man especially ought spoke through him cheered his comrades and wUl a~ ways en­ to aspire to have written of him when he passes out of life. rich mankind. His place he mada for himself, and solely It is written of Joseph, "He was a just man." That is all. because he was himself ha elevated the lives of others, and Joseph was a just man. those who knew hlm and loved him will always remember Of whom among all of us can that eulogy be more fit­ that in helping and inspiring othe~s he was accomplishing tingly uttered than he who has gone, than he to whose exactly what he desired. Life to him was worth only what memory we pay tribute to-day? Senator OVERMAN was a it yielded in uplifting humanity to a higher and deeper just man-just to his God, just to his fellow man, just to understanding of God's purposes and man's destiny. And himself. to the questions- May the sweet memory that he has left behind be an Does the rmid wind uphill all the way?­ inspiration to us to give back to our fellow men and to the We can hear his eloquent answers: world what mankind everywhere is longing for to-day­ justice. May his life inspire us to do and to give justice. ·Yes, to tbe very end. Will the day's journey take the whole long day? Mr. DAVIS. Mr. President, I bow my head in grief for From morn to night, my friend. the passing of one of God's own noblemen; a gentleman I shall always say of him, he was of himself and with- who personified the highest and most honorable traditions out a parallel. l shall always think of him: Nature had of southern neighborliness and courtesy; a man whose pub­ little clay like that of which she made him. The feelings lie and private life always exemplified the golden rule and and the thoughts of all of· us have been so truthfully and the commandment, "Love ye one another"; a statesman so consolingly expressed in words as transcendent as they who served his Nation loyally apa creditably for more than are appealing and inspiring. I lay them upon the treasure a quarter of a century, and whom death recently removed house of our minds, the warder of the brain- from our ranks. His name and fame are now enshrined in A man indeed! He strove not for a place, the Valhalla of our country's. notables and immortals. I Nor rest, nor rule. He daily walked with God. mourn the loss of our distinguished colleague from North ' His willing feet with service swift were shod- Carolina, the late Senator LEE s. OVERMAN. An eager soul to serve the human race, Illume the mind, and fill the heart with grace-- Mr. President, I trust my tribute will not be construed as Hope blooms afresh where'er those feet have trod.· the stereotyped form of condolence, because in the death of · Mr. HARRIS. Mr. President, "the most beloved man in Senator OVERMAN I not only mourn the loss of a distin- th S t ll · th state 0 f North Cai·olina .. was guish~d a~d esteem~d colle~gue b~t also a guiding and. co~- e ena e, as we as m e ' structive mfiuence m my life. HIS personal charm, kmdli- the statement I made when I heard that Senator OVERMAN . r ·t d hi h .d ls · · t' t those had passed away. 1 nehss,fsrmpIchi y, a~t . g I ea ·twere msprra 1ona1 o His · record is an inspiration to all of us who knew and w 0 0 11 ow ~mam anan pursw s. . . loved him. My knowledge of his lovable character goes back I r~call a bit of verse from. the archives of memory which to the time when I was Director of the Census Bureau and ~ay Illustrate th~ theme I ~ISh .to express. If my recollec­ chairman of the Federal Trade Commission and it was tlon serves me right, I believe 1t was composed b~ ~ poet necessary for me to go before him to secure appropriations. named Dm~ _glas M~lloc.h. At any ra~e, I sh:all ~uote 1t ~the Since I ·have been a Member of the Senate it has been my hope that 1t Ip.aY 1nsprre others as It has 1nsp1red me. privilege to be with him a great deal in ow· work on the And deep down in your heart understand Appropriations Committee. We sat side by side, spending The love of a man for a man. several hours a day f or wee k s a t a t·nne on these measures, TheHe'll traugo with that you is lonesomeover the trail,and long; and in all that time I never heard him speak an unkind or He knows both your soul and your sins impatient word. And does not too carefully scan I feel that my life has been greatly enriched by my asso- The Highway to Heaven begins ciation with· him, and the memory of this friendship I shall With the love of a man for a man. always cherish. Mr. President, our deceased colleague, Senator OVERMAN, In this hurried and materialistic age his unswerving faith, was a gentleman who thoroughly understood the " love of a which was borne out in his daily life, has not failed to exer- man for a man." cise a fa.r-reac~ing influence. Such 3: life can but mean a Senator OVERMAN demonstrated this fact many times in comm~mty e~Iched, a ~orld made brighter. my contacts with him while I functioned as Secretary So nnpres~rv:e was ~Is appearance on the floor of the I of Labor. Whenever I sought his aid in the promotion Sena~e, so diStmctly. ~d h~ stand out ~mong the Members of humanitarian projects or proposals affecting the welfare of thiS body, that VISitors m the gallenes would ask about of the working classes, I received Senator OVERMAN•s cour­ him and we~e told that he ~ot only l~o~ed the statesman teous attention and cooperation. but that· he lived up to the highest traditiOns of the Senate...... All of us recognize, I am sure, the beauty of the home life . ~ther~ore, on one occasion, ~h1ch I VIVIdly recall, I of a man like this. To live in hearts we leave behind us is VISited Salisbury, N.. c. , ti:e home City ~f Se~ator. OvE~~N, not to die, so we must feel that this rare man has but en- t~ make a speech wh1ch did not harmomze .With his p~lltical tered a life of increased power. VIews. ~enator OvER~ was confine~ to his home by illn~ss - · we can not think of senator OVERMAN without being re- at the t~e, but he grac10usl~ sent his secretary to the rail- . d d that there is nothing so kingly as kindness. road s~at~on _to meet my. tram and t~ extend to me a cour- mm e teous mVItat10n to be his guest at his home for the dura- Mr. WALSH of Massachusetts. Mr. President, before I tion of my stay in Salisbury. entered the Senate I had visualized in my mind's eye, as This marked example of courtesy, hospitality, and gal­ doubtless all of us had, the ideal American Senator. ln lantry affected me deeply and revived in my mind memories physical appearance Senatoi: OVERMAN represented that of the "olden time" southern gentleman-hallowed recol­ ideal. In qualities of heart and soul and mind he met that lections which were conjured in my mental archives during test. I think of him as kindly, sympathetic, and courteous, my residence in Alabama, in the days of my youth, when ~ot only with his associates here but. with the humblest I worked in the steel mills there. 1931 CONGRESSIONAL' RECORD--SENATE 5285 Truly, our Nation and his State-North Carolina-have George P. Ide to be postmaster at Orcutt, Calif., in place suffered a great loss in the death of Senator OVERMAN. So of G. P. Ide. Incumbent's commission expires March 3,­ I may take solace in the thought that I am not alone in my 1931. sorrow. Elizabeth B. Reynolds to be postmaster at Randsburg, Calif., in place of E. B. Reynolds. Incumbent's commission Mr. SHORTRIDGE. Mr. President, I have craved the sad expires March 1, 1931. privilege of adding just a word of tribute to the memory pf our departed colleague. William Junkans to be postmaster at Redding, Calif., in place of William Junkans. Incumbent's commission ex- In the death of Senator OVERMAN the Senate suffered the pired February 17, 1931. ' loss of a truly beloved Member and the Nation a distin­ guished statesman. No poor words of mine can express our Francis C. Harvey to be postmaster at Rivera, Calif., in· admiration for him or add unto his enduring fame. That place of F. C. Harvey. Incumbent's commission expired· long record is without a blot or a stain; that great public January 15, 1931. career, stretching over a quarter of a century, commenced George H. Gischel to be postmaster at Tracy, Calif., in and closed in honor untarnished. place of G. H. Gischel. Incumbent's commission expired He was indeed a faithful servant of the Old North State, January 10, 1931. to which I have always turned with gratitude, for there my COLORADO ancestors were born. I can only liken him· to the north William E. Triffet to be postmaster at Akron, Colo., in star- place of W. E. Triffet. Incumbent's commission expires Of whose true-fix'd and resting quality March 3, 1931. There is no fellow in the firmament. Amy Hill to be postmaster at Arapahoe, Colo., in place of And now- Amy Hill. Incumbent's commission expired February 12, After life's fitful fever, he sleeps well; 1931. * Fred J. Dyer to be postmaster at Crested Butte, Colo., in Malice domestic, foreign levy, nothing, place of F. J. Dyer. Incumbent's commission expired May Can touch him further. 28, 1930. - We shall see him no more on earth, but his image shall Fred E. Maker to be postmaster at Grandlake, Colo., in never fade from our hearts. His noble, splendid example place of F. E. Maker. Incumbent's commission expired Jan­ shall never cease to inspire our lives. uary 17, 1931. If, as reminded by the Senator from Georgia, "To live Nellie M. Connelly to be postmaster at Hartman, Colo., in in hearts we leave behind i~ not to die," then, assuredly, Mr. place of N. M. Connelly. Incumbent's commission expires President, Senator OVERMAN lives and will never die. March 3, 1931. RECESS Jesse W. Noble to be postmaster at Manitou, Colo., in The PRESIDING OFFICER (Mr. RoBINSON of Arkansas place of J. W. Noble. Incumbent's commission expires Feb­ in the chair). As a further mark. of respect to the mem­ ruary 24, 1931. ory of the late Senator LEE s. OVERMAN, the Senate now William D. Asbury to be postmaster at Montrose, Colo., in stands in recess unti112 o'clock noon to-morrow. · place of W. D. Asbury. Incumbent's commission expired Thereupon

Cornelius P. Shea to be postmaster at St. Nazianz, Wis., H. R. 5~70. An act for the relief of Mary L. Dickson; in place of Louis Baumgartner, resigned. H. R. 5926. An act for the relief of Lillian N. Lakin; Charles L. Wolf to be postmaster at Sharon, Wis., in place H. R. 6259. An act for the relief of Alma Rawson; of C. L.' Wolf. Incumbent's commission expires March H. R. 8736. An act to authorize and direct a preliminary 3, 1931. examination of the Hocking River for the distance it flows Susan D. Olson to be postmaster at Siren, Wis., in place of through Athens County, Ohio; S. D. Olson.- Incumbent's commission expires February 24, H. R. 9215. An act for the relief of Jessie Axton; 1931. H. R. 9326. An act to amend the act entitled "An act to John M. Albers to be postmaster at Thiensville, Wis., in carry into effect provisions of the convention between the place of J. M. Albers. Incumbent's commission expired United States and Great Britain to regulate the level of January 21, 1931. Lake of the Woods concluded on the 24th day of February, Alphonse R. Eichman to be postmaster at Trempealeau, 1925," approved May 22, 1926, as amended; Wis., in place of A. R. Eichman. Incumbent's commission H. R. 10017. An act to provide for a survey of the Mouse expires February 24, 1931. River, N.Dak., with a view to the prevention and control of Joseph F. Matts to be postmaster at Verona, Wis., in place ttsfloods; ' of J. F. Matts. Incumbent's commission expired January H. R.10542. An act for the relief of John A. Arnold; 29, 1931. H. R.10652. An act to authorize the Secretary of Com­ Mathias F. Adler to be postmaster at Waunakee, Wis, in merce to purchase land and to construct buildings and place of M. F. Adler. Incumbent's commission expired facilities suitable for radio-research investigations; January 21, 1931. H. R.l1268. An act for the relief of Mary C. Bolling; Adolph C. Sveen to be postmaster at Westby, Wis., in place H. R. 11820. An act to authorize issuance of a patent for of A. C. Sveen. Incumbent's commission expired February certain lands to J. R. Murphy; 17, 1931. H. R. 12094. An act to provide for conveyance of certain WYOMING lands in the State of Alabama to vocational or other edu­ George J. Snyder to be postmaster at Glendo, Wyo., in cational uses-, or to dispose of the lands upon condition that place of G. J. Snyder. Incumbent's commission expires they shall be used for such purposes; February 26, 1931. H. R. 12284. An act to provide for the construction of ves­ Frank F. Bristow to be postmaster at Greybull, Wyo., in sels for the Coast Guard for rescue and assistance work on place of C. M. FitzMaurice, deceased. Lake Erie; Reuben A. Faulk to be postmaster at Lusk, Wyo., in place H. R. 14049. An act to provide for special assessments for of R. A. Faulk. Incumbent's commission expired February the paving of roadways and the laying of curbs and gutters; 12, 1931. H. R. 15064. A.t.""l act to reserve 440 acres of public-domain land for addition to the Temecula or Pechanga Reservation, Calif.; HOUSE OF REPRESENTATIVES H. R. 15267. An act to amend an act entitled "An act to authorize the cancellation, under certain conditions, of pat­ WEDNESDAY, FEBRUARY 18, 1931 ents in fee simple to Indians for allotments held in trust by The House met at 12 o'clock noon. the United States "; The Chaplain, Rev. James Shera Montgomery, D. D., H. R. 15877. An act to authorize exchanges of land with offered the following prayer: owners of private-land holdings within the Craters of the Our Heavenly Father, we pray in the name of Him who is Moon National Monument; the companion and friend of our common day; who came H. R. 16159. An act authorizing an appropriation of the to preach good tidings to the poor; who went about doing sum of $15,000 to defray the expenses of the Pan American good; who identified Himself with the races of men; who Commercial. Commerce, to be held in Washington, D. C., in came to make earth happier and to deepen, broaden, and 1931; enrich human life. We pray in the name of Him who bends H. R. 16215. An act authorizing the sale of surplus power above us as the angel of our Father's face. 0 God, then developed under the Grand Valley reclamation project, in the name of Him touch the great heart of the Republic Colorado; and glorify it with a service that ·shall bring radiant hope H. R. 16248. An act authorizing the Secretary of War to to the humblest citizen of our land. Through generous sac­ exchange with the Rosslyn Connecting Railroad Co. lands rifice stay the ravages of misfortune ere it continues its on the Virginia shore of the Potomac River near the west weary work. Yes, blessed Lord, hear us; open the heart of end of the Arlington Memorial Bridge; and the entire country lest there be no music to charm away the H. R. 16913. An act to amend the act entitled "An act to fateful dreams of the poor and unfortunate. We pray in extend the provisions of certain laws to the Territory of the name of 'Him who died in the majesty of His wonderful Hawaii," approved March 10, 1924. sacrificial love. Amen. · The message also announced that the Senate had passed, with amendments in which the concurrence of the House is Tha Journal of the proceedings of yesterday was read and requested, bills and a joint resolution of the House of the approved. · following titles: MESSAGE FROM THE SENATE H. R. 458. An act for the relief of Catherine Panturis; A message from the Senate by Mr. Craven, its principal H. R. 504. An act for the relief of James Earl Brigman; clerk, announced that the , Senate had passed without H. R. 506. An act for the r~lief of Patrick P. Riley; amendment bills of the House of the following titles: H. R. 2694. An act conferring the rank, pay, and allow­ H. R. 318. An act for the relief of William S. McWilliams; ances .of a major of Infantry to date from March 24, 1928, H. R. 566. An act for the relief of Charles Smith; upon Robert Graham Moss, late captain, Infantry, United H. R. 589. An act for the relief of Abram H. Johnson; States Army, deceased; H. R. 780. An act for the relief of George Selby; H. R. 3187. An act for the relief of Agnes Loupinas; H. R. 783. An act for the relief of Mary Neaf. H. R. 3820. An act to amend section 1 of the act entitled H. R. 1526. An act for the relief of Thomas J. Hayden; "An act to provide for stock-raising homesteads, and for H. R. 2505. An act for the relief of William Parish; other purposes," approved December 29, 1916; H. R. 2550. An act for the relief of Joseph 'P.ulitzer; H. R. 8812. An act authorizing the Menominee Tribe of H. R. 2584. An act for the relief of Thomas F. Sutton; Indians to employ general attorneys; H. R. 2729. An act for the relief of Anna E. Stratton; H. R.14922. An act to amend the acts approved March 3, H. R. 3368. An act for the relief of Joseph Marko; 1925, and July 3, 1926, known as the District of Columbia H. R. 4269. An act for the relief of William L. Wiles; traffic acts, etc.; and H. R. 4731. An act for the relief of Frederick Rasmussen; H. J. Res. 404. Joint resolution to change the name of H. R. 4876. An act for the relief of Joseph Bratten; B Street NW ., in the District of Columbia.