'808 CONGRESSIONATI R.ECORD-SENATE. JANUARY 5,

Society of the- )Iethodist Episcopal Church; to the Committee York, urging the passage of House bill 7943; to the Committee on the TerrHorie ·. on Military Affairs. By ::\lr. BHITTEN: Resolution (H. Res. 257) substituting 3397. By l\Ir. BROWNE of Wisconsin : Petition of the congre­ . 12,),000.000 in reparation for 134,112 unnecessary troops; to gation of the Perseverance Presbyterian Church, of the city of the Committee on Foreign Affairs. i.\Iilwaukee, Wis., urging the Pl·esident and Congress not to con­ By l\Ir. VOLK: Re olution (H. Res. 258) to appoint a select sider amending the Volstead Act; also, petition of residents of committee to inquire info the subject of narcotic addiction in Wood County, Wis., urging the passage of Hou e bill 4388; to the United . tate::;, and for other purposes; to the Committee the Committee on the Judiciary. on Rules. 3398. By :\Ir. CULLEN: Petition of the One hun<.ll·ed and .\L-;o, resolution (H. Re ·. 259) directing tlle Secr-etary of the sixth Infantry Post, No. 106, American Legion, opposed to the Treasury to transmit certain facts in his possession concerning proposed change in the American military cemetery at Bony, treatment of narcotic drug- addiction; to the Committee on France; to the Committee on Military Affair.. Inter:::tate mu1 Foreign Commerce. 3399. By 1\lr. KISSEL: Petition of Edmonds & Peck, of New York City, urging the early pa ~age of House bill lOTi; to the Committee on Patents. PHI\-ATb BILLS A..1~D RESOLUTIONS. 3400. By :Mr. OSBORNE : Memorial of State Board of For . try of , disapproving the transfer of the Fore. t Se1·vice Under c·lause 1 of Rule XXII, private bill~ and re. olutions to another than the Department of Agriculhu·e; to the 'ommit­ were introduced and s.e>erally referred as follo\VS: tee on Agriculture. H.\· Jlr. BEGG: A bill (H. R. 9729) granting an increaso of 340J. By Mr. SNELL: Resolution passed by the Board f Su­ pen. ion to lUHrgaret C. ~liller; to the Committee on Pen ions. penisors of St. Lawrence County, N. Y., urging that the Also, a bill (H. R. 9730) granting a pen ion to Andrew Mc­ Ogden ·burg-Mas ena . cenic route portion of said l.Jighway be Laughlin; to the Committee on Pensions. constrncted either by the Federal Government or at the joint By Mr. BFJ~HAl\1: A bill (H. n. 9731) granting a pension to expense of the State of New York and the Nation: to tbe 'om­ Ele to compensation of veter­ By 'Jfr. FRl.}XCH: A bill (H. H. 9733) granting a pen ion to _ans of the World War; to the Committee on Interstate anti 'Yilliam R. .Arant; to the C.ornmittee on Pen ions. Foreign ommerce. By 'Mr. GE~SM.Al'\: A bill (H. R. 9734) granting a pension 3403. Also, protest of the Philadelphia Board of Trade against to Ella Ell worth ; to the Committee ou Invalid Pensions. the ·tran. fer of the Forest Service and the na­ .dJ~o. a hill (H. R. 973:-) granting a pension to Wiley N. hlc­ tional forests from the De11artment of Agriculture to th De­ Clul'e: to the 'ommittee on Invalicl Pensions. parment of the Interior; to the Committee on Agriculture. By ~Ir. GEH~ERD: A bill (H. R. 9736) granting an increase 3-104. Also, petition of the Pennsylvania divi ·ion of the As o­ of pen. ·ion to )fnr:r R. Pendleton; to the Committee on In"Valid ciation Against Prohibition Amendment, in favor of th repeal Pen~ions. of the prohibition amendment; to tbe Committee on the Ju­ By Mr. GRAHA)l of Illinois: A IJill (H. n. 9737) granting a diciary. pen!':ion to Mary K. 'Vise; to tl~e Committee on Invalid Pensions. 3405. Also, petition of citizens of Philadelphia, Pa., urgfng the By l\lr. KETCH.Al\I: A bill (H. R. 9738) granting a pension recognition of the Irish republic by the United States; to the to ~Iargaret Bentley; to the Committee on Invalid Pensions. Committee on Foreign .Affairs. By ~lr. KIE;.;~: A. IJill (H. n. 9739) granting an increase of 3406. Also, petition of the committee on domestic produ('tions pension to ::\bu·y D. BilbrQ·: to the Committee on ·Invalid Pen­ of the Philadelphia Board of Trade, relati"Ve to duty on Cullan sion!':. sugar; to the Committee o'n -Ways and 1\Ieans. ~-\.1:':0, a hill (H. R. 9740) granting a pension to Walter L. Hart­ man ; to the Committee on Pen!':ion~. By l\Ir. L.Ul 'O:X of ~finnesota: A bill (H. R. 9741) for the relief of ::\larFhall '\Yells Co., of Duluth, Minn.; to the Com­ SENATE. mittee on Claim .. By ~Ir. OLDFIELD: A IJill (H. R. !)742) granting an increase THURSDAY, January 5, 192~ . of pension to ~Iary Jane Dillard; to the ommittee on Invalid PenRion ~ . The Chaplain, Rev. J. J. l\Iuir, D. D., offered t.he following By l\Ir. ROBSIOX: .A IJill (H. R. 9743) granting an increase .of prayer: pen ion to Alice I<. Parrigin; to the Committee Qn Invalid Pen­ sions. Our Father, we would reverently approach Thy throne of By ::.ur. ROL'SE: ~\ IJill (H. R. 9744) granting a pen.·ion to grace this morning, confident that the same love that ha JJeen Helen Wade ~I<:Lean; to the Committee on In>alill Pensions. vouchsafed, the same tender regard amidst our difficulties and By ~Ir . SIEGEL: A IJill (H. R. 9745) for the relief of the anxietie ·, will 'till be continued unto us. We beseech Thee for city of Xew York; to the Committee on War Claims. Thine own help all along the pathway of duty, and finally, when B,- l\Ir. 'IN:XO'.rT: A bill (H. R. 9746) for the relief of the day ends with n , may we be able to look into Thy face nnu Enu'i1ett Otto ooney; to the Committee on the Pnblic Lands. say we have tried to fulfill the trust committed to us. We ask Bv l\lr. SXELL: A bill (H. n. 97-!7) granting an increase of in Chri t's name. Amen. pen.~ion to Katie 'urrier; to the ommittee on InYalid Pen­ JoHN SHARP 'VILLIA:M:S, a Senator from the . State of l\lis. is­ sions. ·ippi, appeared in his seat to-day. Bv Mr. "'I~SLO'Y: A bill (H. R. !)748) granting an increase The reading clerk proceeded to read the Journal of ye ·tel'­ of p·ension to Alberto ::\lurray ; to the Committee on Invalid Pen­ day'~ proceedings, when, on request of 1\.lr. CURTIS and by unan­ sions. imous consent, the further reading was dispensed with and the Rv 1\Ir. \YOODRUFF: A bill (H. R. 9749) for the relief of Journal was approved. Hnrold Hol ·t; to the Committee on ... 'a >al Affairs. By ~lr. YATES: ~\ IJill (H. n. 9750) granting an increa e of REPORT OF A.R.MY HORSE-BREEDING OPEBATIONS. pen ion to John Purkapile; to the Committee on In'ialid Pen­ The V.ICE PRESIDENT laid before the Senate a communica­ sion . tion from the Secretary of 'Var, transmitting, pur. uant to law, a report of expenditures under the appropriation of $250,000 for PETITIOXS, ETC. encouraging the breeding of riding horses suitable for the Army, etc., contained in the Army appropriation act approved Juno 5, Under clau e 1 of Rule XXII, petition anu paper were laill 1920, together with a tatement of the means adopted for carry­ on the Clerk's tle k and referred as follow : ing the provi. ion of law into effect, which was referred to the 3396. By :.ur. A:NSORGE: Petition of the Ford Instrument Committee on 1\Iilita~y Affairs. - Co. (Inc.), of Kew York City, uraing the passage of House bill 7077 ; to tlle Committee on Patent . Al o, petition of the ME SAGE FROM THE HOUSJ!=. Knitted Outenvear Manufacturers' A!':f.:O(·iation, . Eastern Dis­ A message from the House of Representatives, by l\Ir. Over­ trict Bt:ooklyn S\vertter i\Iannfacturers· A ~ociation, and the hue, its enrolling clerk, announced that the House agreed to tlle Wool Yarn .Jobbers' Oi'etlitors· Association, urging tlle princi­ amendments of the Senate to the bill (H. R. 6998) to amend ple~ of the American Ynluation in tlle tariff indorsed by the ection 17 of an act to establish a uniform sy. tern of bankruptcy President; to the Committ€'i.• nn \\'a,v.' a.nd ::\Jeans. Also, peti­ throughout the United States, approved .July 1, 1898, as amended tion of J . Le:O;lie Kinc-nill, adjutant "l'twrni..Qf the State of New by the acts of February 5, 1003, and. March 2, 1917. 1922. CONGRESSIONAL RECORD-SENA'IE. 809

ENROLLED BILL SIGNED. In testimony whereof I have hereunto set my hand anll affixed hereto the seal of the State of Oregon. The message also announced that the Speaker of the House· ~ne at the capitol at Salem, Oreg., thi 22_d day of December, A. D. had signed the enrolled bill (H. R. 6998) to amend section 17 of 19 [SEAL.] S.A.~I A. KozEn, Secretary of State. an act to establish n uniform system of bankruptcy throughout the United States, appro-ved July as amended by the 1, 1898, Senate joint memorial 5. acts of February and l\farch and it was there­ 5, 1903, 2, 1917, To the honorable Senate and the House of Representati-,;es of the United upon signed by the Vice President. States of America itl Congress assembled: Your memorialists, the Legi lative Assembly of the State of Oregon, PETITIONS AND MEMORIALS. respectfully represent that- Mr. ROBINSON presented two telegrams in the nature of Whereas 23 years have elapsed since our soldiers were calletl upon to go into an alien country, to wit, Cuba, Porto Rico, and the Philippine memorials from Charles l\1. Griffith and Fred Bearden, chair­ _ Islands ; and man executive committee, Camp Stafford Post, No. 50, American Whereas bec::tus~ of tbe Jack of supplies, the change of climate. the Legion, and William Griffin, William B. Hays, and Eddie Dun­ daily exactions required by the soldiery, the exposure to the weather, us well as the guerilla warfare carried on with the Spaniards and ham, committee for Patient Body Hospital, No. 27, all ..of Alex­ later with the natives, has left many of the soldiers in a helpless, andria, La., remonstrating against the proposed transfer of the dependent, and destitute condition; and medical personnel of Reserve Corps, United States Public Whereas said volunteer soldiers have not been dealt with by their Gov­ ernment with respect to their general welfare to relieve suffering and Health S 2nice, to civilian status, which were referred to the want as should have been by a Go>ernment of such bountiful re­ Committee on Education and Labor. sources: Therefore be it Ur. ELKINS presented memorials of Federation No. 27, em­ Resol1;ea by the Senate' of the State of Oregon (the House of RepJ·e­ ployees of the Baltimore & Ohio Railroad system, of Fairmont, sentatives concurring). That the Congress of the United States be, and it is herel>y, memorialized to take such action and give such considera­ and Local Union No. 4193, United Mine Workers of Ame1ica, of tion and relief to the needs and welfare of the oldiers of the ~punish­ Hildebrand, both in the State of West Virginia, protesting American War as is just and right in that any of such soldiers mig-ht against the alleged deplorable conditions of families of working be relieved from dependent, destitute, or helpless condition in wh1cb they now exist; and be it further people in the coal fields of We t Virginia and conditions ap­ Resolved, That the secretary of state of Oregon be directed to trans­ proaching industrial and economic anarchy in that region, etc., mit by mail a. copy of this memorial to the President of the United which were referred to the Committee on Education and Labor. States Senate, Speaker of the House of Representatives of the United States, and to each of the Senators and Congressmen from the :;tate :L\Ir. WILLIS presented resolutions adopted by the Central of Oregon. Labor Union of Dayton and Local Union Jo. 292, Amalgamated Adopted by the senate December 22, 1021. Sheet Metal Workers' International Alliance, of 1\fassillon, both ROY W. RITX~n, P1·esident of the 8enate. in tl1e State of Ohio. protesting against the appointment of Concurred in by the bouse December 22, 1921. additional Federal judges or increase of salaries for such LOUIS E. BEAX, judges, which were referred to the Committee on the Judiciary. Speaker ot the Jlou8e. 1\Ir. McNARY presented two joint memorials of the Legis­ Indor. e<1: Senate joiJ]t memorial No. 5. Introduced by Senator Den­ nis. .John P. Hunt. chief clerk. Filed December 23, 1921. Sam A. lature of Oregon, which were ordered to lie on the table, as Kozer, secretary of state. follows: uxrTEn s·.rATEs oF AJ\lERrca, Senate joiut memorial 1. STATE OF OREGO:X. To the houorable Se11ate and House of Representati~:es of the United Office of the Secretary of ' 'tate. States of A.met·ica: r I. f;am A. Kozer, ecretary of state of the State of Oregon and cuR- Whereas there are in the United , tates to-day approximately o,OOO.OOO todian of the seal of said State, do hereby certify that I have carPfully 2 compared the annexed copy of senate joint memorial No. 5, adopted l>y acres of agricultural land which may be reclaimed through irriga- the Thirty-first Legislative As. embly of the State of Oregon, spel'ia l tion, and a large area subject to reclamation by drainage or diking.: session, 1921, with the orie-inal ther·eof, filed in the office of the :'let'l'e- representing one of the great undeveloped resources of the Nation; ana ~ Whereas the State of Oregon is deeply and ,r1tally interested in the tary of state of the State of Oregon December 23, 1921, and that the CJ nestion of irri!!ation, dminage, and diking, as there are to-day in same L- a ' full. true, and complete transcript therefrom and of the ~ whole thereof, together with all indorsements thereon. the State of Oregon 1,230,000 acres in projects completed or par- In testimony whereof I have hereunto set my band anll affixNl hereto tially completed, aml it is estimated that tber·e are an additional the eal of the State of Oregon. Done at the capitol, at Salem, Oreg., 1,0001000 acres of land which are capable of being irrigated, in th" d , f D b A D additiOn to large areas of land which may be reclaimed through JS 23 c.ay 0 ecem E>r, · · ·1921 · S A K drainage and diking; and [SEAL.) • AM · OZER. Wbet·eas in the annual t·eport of the Department of the Interior H .secretary of State. is estimated that the Federal Govemment should receive through EXTEX ION o:F OIL OR GAS PERMITS. royalties, rentals, and leases of public lands a total of $12,387,500,000, of which 45 per cent is to be used for reclamation purposes; and 1\Ir. Sl\IOOT. :;.\Ir. Pre iclent, from the Committet on Public Whereas there is now before the Congress of the United States a bill Lands and Survey I report back favorably without ameud­ known as the :Uc...~ary-Smitb reclamation bill, introduced by Senator ment the bill (H. R. 834 ) to authorize the Secretarv of the McNARY of Oregon and a companion bill by Representative SMITH 4 ., f)f Idaho, which calls for a. total appropriation of 350,000,000 for Interior to grant exten.ions of time under oil and gas pem1its, reclamation purpo ·es, to be made available over a period of years, and for other purpo es, and I submit a report (No. 376) thereon. beginning in 1922; and T t d I k b 1 · WhPreus the necessary advance for reclamation purposes under the hi i an emergency mat er, an am as -ed Y t 1e com1mttee McNary-Smith bill can undoubtedly be made wltbout placing an to reque. t unanimous con ent for the immediate consideration excessive burden upon the taxpayers, due to the fact that large of the bill. revenues will be uccr·uing to the .Federal Government, as shown by . . ,. A ' J l\I . p . · ] I . · . the annual report of the Department of the Interior and due also to Jr. PITT.u1 £-:u.~ . . ... r. resil ent, mere1 Y wrsh to say that I the fact that the advances made under the l\Ic1 ary-Smith bill consti- am familiar with the bill to extend the time for performance tute a revolving fund, which is finally repaid to the Federal Govern: of work which has been reported from the committee and know ment in full: nnd th t •t · '0" tt f th t h t Th Whereas the McNary-Smith reclamation bill provides that preference a I lS an emer ency rna er o e graves c arac er. ere be given, both in employment and priot·ity of filing on reclaimed are now all OYer tl1e West leasers and prospectors 'vithout lan.;ts, to honorably disr_harged soldiers a:nd sailors who served I protection under the e the Senate pass the bill so as to give the reqttired relief. Adopted by the senate, December 10, 1921. The VICE PRESIDENT. The Secretary will read the bill PresiROYdent W. of RIT:"'ER t11e senate, . f or tl1e In· f ormat• IOn o f tl1e S enat e. Adopted by the house, December 20, 1921. The reading clerk read the bill, as follows: LOGIS E. BEAN, Be it enacted, etc., That the Secretary of the Interior may, if he ~veaker of the Hottse. shall find that any oil or gas permittee bas been unable, with the Indorsed: Senate joint memorial Ko. 1. Intr·odnced by Senators Hall exercise of diligence, to begin drilling operations or to drill wells of and Upton. John P. Hunt, chief clerk. Filed: Deccmbet· 21, 1921. Sam the depth and within the time prescribed by section 13 of the act of A. Kozer, secretary of state. Congress appro>ed February 25, 1920 (41 Stats., p. 437), extend the UXITED STATES OF AMERICA, time for beginning such drilling or completing it, to the amount STA'rE OF OREGON, specified in the act for such time, not exceeding three years, and upon Office of the Secretary, of State. such conditions as he shall prescribe. I, Sam A. Kozer, secretary of state of the State of Oregon and cus- There being no objection the Senate, as in Committee of todian of the seal of said State, do hereby certify that I have cara- the Whole, proceeded to consider the bill. fully compared the annexed copy of Senate joint memorial No. 1, adopted by the Thirty-first Legislative Assembly of the State of Oregon, The bill was reported to the Senate without amenument, special session, 1921, with the original thereof, filed in the office of the ordered to 'a third reading, read, the third time, and passed. secretary of state of the State of Oregon December 21. 1921, aud t}lat the same is a full, true, and compiPte transcript therefrom and of the Mr. Sl\IOOT. I ask that the ~·Pport be printed in the llECOllD whole thereof, together with all indorsements thereon. in connection with the bill. CONGRESSIO AL RECORD-SENATE. JANUARY 5 '810 ' The report was ordered to be printed in the RECORD, as Therefore, no action will be taken looking to the cancellation of n permit issued under: section 13 of the oil and gas. leasing act for failure follmvs: to begin drilling operations- within six months from date of the permit The Committee on Public Lands and Surveys, to whom was referred if the ·permittee or his assignee exercises due diligence, and because of the b1ll (H. R. 8344) to authorize the Secretary of the Interior to' climatic conditions or other reaso.n& beyond his control has been unable grant extensions of time under oil and gas permits, and for other t<> begin actual drilling within six.. months. purposes, having considered the same, report favorably thereon with Every permittee or his assignee claiming under a permit issued the recommendation that the bill d<> pass without amendment. under section 13 of the oil and gas leasing act shall, within 12 months The purpose of this legislation is set" forth in House report No. 499, and 10 days from the date of his permit, file in the local land omce-of which reads as follows : the district in which the land is situated a corroborated affidavit (House Report No. 4fl9, Sixty-seventh Congress., second session.] specifically describing the w<>rk done upon the land embraced therein, together with such other information as may be pertinent as to his The Committee on the Public Lands, to whom was referred the bill operations thereon. (H. R. 8344) to authorize the Secretary of the Interior to grant exten­ Very truly, yours, sions of time under oil and gas permits; and for other purposes, having JOH:-< BARTO~ PAYNE, considered the same, report it to the House with. the recommendation Secretary. that it do pass with the following minor amendment: O.n page. 1, line 7, strike out the comma after the figures- "1920" REPORTS OF COMMITTEE Or PUBLIC LANDS AND SURVEYS. and insert in lieu thereof the following: "(Forty-first Statute , p. 437)" and a comma. Mr. SMOOT, from the Committee on Public Lands and Sur­ The purpose of the bill is to give the Secretary of the InterioT dis­ 'veys, to which werd referred the following bills and joint reso­ cretion to grant extension of time to oil and gas permittees to begin lution, reported them severally without amendment and sub· drilling operations or to drill wells to the required depth under the mineral land leasing act, approved February 25, 1'920 ( 4~ Stat., 437), mitted reports thereon : in meritorious cases, such as climatic conditions, inability t<> secure S.2091. An act for the relief of George E. Yeadon (Rept. No. machinery, and other reasons beyond the control of the permittee. 377); The bill was introduced by the chairman of the Committee on the Public Lands at the reqne t of E. C. Finney, Acting Secretary of the S. 2-!71. An act to amend the act enQ.tled "A.n act authorizing Interior. The reasons why the legislation is deemed desirable and the survey and sale of certain lands in Coconino County, Ariz., necessary in the opinion of the department is set out in a letter to to the occupants thereof," approved July 28, 1914 (38th Stats. the chairman of this committee dated August 18, 1921, which letter is set out in full for the information of the Honse, as well as a com­ L. p. 558) (Rept. No. 378) ; . munication from John Barton Payne, Secretary of the Interior, . to H. R. 1459. An a ct for the relief of Charles R. Powell (Rept. the Commissioner of the General Land Office, dated J'anuary 12, 1921, relative to extension of time for complying with conditions of oil and No. 379): . gas permit. H. R. 2865. An act authorizing the Secretary of the Interior DEr.lllTMENT OF THE I:\TERIOR, to sell and patent to J. D. Calhoun, of Lincoln Parish, La., cer- Washingto11, August 18, 1921. tain lands (Rept. No. 380) ; · Bon. N. J. SINXOTT, Ohait'111Uil> Committee Oil the Public Lands, H. n. 7290. An act to confirm private l:J.nd claim of the widow . House of Representatives. and heirs of Joseph Etier (Rept. No. 381) ; . :MY DEAn MR. SIX:\OTT: Section 13 of the oil leasing a ct approved H. R 7600. Au act authorizing the adjustment of the boun­ February 25, 1920, provides that permittees shall begin drilling within six months from date of permit; shall drill one or more wells to a daries of the Deschutes National Forest, in the State of Oregon, depth of 500 feet within one :rear and to a depth of not less than 2,000 ancl for other purposes (Rept. No. 382) ; and feet within two years. The statute further provides that the Secre­ H. J. Re ·. 30. Joint resolution to amend a joint resolution tary of the Interior may, if permittee has been unable with the exer­ entitled "Joint resolution giving to discharged soldiers, sailol'S, cise <>f diligence to test the land in the ti.me granted by the permit, extend same for not exceeding two years. You will observe that there and marines a preferred right of homestead entry," approved is no authorit;r for granting e..'Xtension of time within which to begin February 14, 1920 (Rept. No. 383). drilling or wituin which to sink wells to a depth of GOO feet the firs t Mr. S~IOOT. from the Committee on Public Lands and Sur­ year or 2,000 feet within two :rears. Approximately 11,000 applications f<>r permits have been filed. A Yeys. to which was referred the bill (S. 2147) to patent to the very large number have been approved. By reason of climatic condi­ Ed. E. Richard on Co. (Inc.) certain l:J.nds, reported it with tions, inability to seemc dl'illing rig and machinery, or other rea ons n beyond the control of the permittee, n.any of them have been unable t<> amendment and . ubmitted repo1t (No. 384) thereon. begin drilling within the six months' period and will be unable to get RELIEF OF DI TRESS IN RUS IA. wells down 500 feet in depth within one year. Recognizing the condition confronting the department, and as a ~Jr. BORAH. l\Ir. Pre ~ icl nt, if I can ha\e the attention of result of numerous petitions filed, the Secretary, on January 12, 1921, the Senator from Utah [1\fr. SMOOT], I wish to make an inquiry) while holding as· I have already indicated. stated that this department would not proceed against any such permit because of failure to begin as the Senator was in charge of the bill when it passed the Sen·­ drilling within six m<>ntbs if such failure was due to causes beyond ate, as to what progres. i ~ being made in carrying out the provi- the applicant's control, provided he did begin as soon thereafter as ions of the appropriation of $20,000,000 to feed the Rus ians. possible and furnished proof of work performed at the expiration o.t the 1\lr. s::.uoOT. I will say that the fir t shipload of corn has ye~~me of the permittees, while proceeding in the utmost good faith, already left for Rud ·ia. I think Mr. Hoover is doing everything will be unable to furnish proof o.t drilling 500 feet within the first year. po · ible, with his as"istant , to get the grain to the seacoast You will readily see that it will be physically impossible for all of them to secure enough drilling rigs, casing, etc., to comply with the law. and sllip it ju. t as fa t a it is possible for human energy to Under these circumstances, it seems to me that we should have legis­ do it. lative authority; by act or resolution, which would give the Secretary l\Ir. BORAH. I ' tb corn or other material being carried in discretion to grant extensions of time in meritorious cases. I there­ fore submit for your con ideration and introduction, if it meets your private hip · or in Go\ernment-owned hips? approval, a d1·aft <'f a bill conferring such authority. l\lr. ::\lOOT. l\lost of it will be carried in. Government ships, Sincerely, a I under tand it. I do not know whether the first ship load E. C. FIXXEl:; Acting S ecretary. was carried in a GoYernment hip or not, but I do know that it i the program that the corn is to· be carried in Government RELATIVE TO EXTEl'iSIO:-i OF TilliE FOR COMPLYIXG WITH COXDITIOXS OF OIL AXD GAS PERMIT. ship. DEPARTl\UlNT OF THE Il'iTilRIOR, l\Ir. BORAH. I will , ·tate to the Senator tl1at the reason why washington, January 12, 19"21. I asked the question is because I have understood they have The COl\DIISSIONER OF THE GEXERAL LAND OFFICE. declined to permit l\Ir. Hoover to use the Government ships DEAR MR. CoMMISSIONER : With your memorandum of January 8, and that he is being compelled to carry the grain in private 1021, you submitted applications for extensions of time within which to commence drilling under oil-p'l'ospecting permits issued pursuant to ships. section 13 of the act of Congress approved February 25, 1920 ( 41 Stat., Mr. Sl\IOOT. That is the first I have heard of it, and I will 437). . . . . • say to the Senator from Idaho that within 30 minutes I will The statute requues that the pernuttee shall begm drilmg1 opera­ tions within six months from the date of the permit and shall within ascertain whether there is any truth in the report. oile year: from and after the date of the permit drill one or more wells l\Ir. NELSON. 1\fr. President, I noticed in the newspapers for oil or gas to a depth of not less than 500 feet each, unless valuable day before yesterday that one ship load was going over and that depo. its of oil or gas shall be sooner discovered, and shall within two years from date of the permit drill for oil or gas to an aggregate depth it was a Government ship. of not less than 2,000 feet, unless valuable deposits of oil or gas shall l\lr. SMOOT. But the Senator from Idaho has said there is a be sooner discovered. The Secretary ot the Interior may, if he shall report now that the Shipping Board has refused to allow Gov­ find that the permittee has been unable with the exercise of diligence to test the land in the time granted by the permit, extend any such ernment ships to carry the corn. I do not know whether that permit for such time not exceeding two years and upon such conditions is tr~e or not. I have just heard the report for the first time. as he shall prescribe. I will lmow within 30 minutes whether there is any truth' in it. The language of the statute clearly implies, and paragraph 7 of the regulations so construes, that the extension of time authorized may • BILLS AND JOINT RESOLUTION INTRODUCED. be granted to cover a period of not exceeding two years from and after the date of the -expiration of the two years fixed in the permit "to Bills and a joint resolution were introduced, read the first test the land." Consequently, an extension at the end of sir months time, and, by unanimous consent, the second time, and referred would 1\,0t be premature and not specifically authorized by- statute. IIowever, the department is aware that under many of the permits as follows: issued the principal part or all of the six months' period within which Mr. JUNES of Washington. On behalf of the senior Senator to begin drilling will fall in the winter season when drillng may be from Massachusetts [Mr. LoDGE], who is necessarily absent, I impracticable in many sections of the country. There may be other cases where, for ;ood and sufficient reasons, permittees are unable to introduce a bill for reference to the Foreign Relation Com­ b("gin drilling witnin the six months' period. mittee. 1922. CONGR.ESSIONAL RECORD-SENATE. 811

By 1\lr. JONES of Washington (for l\Ir. LoDGE) : ing it. If a point of order is made, the Chair passes upon it. A bill ( S. 2923) to establish the Uniteu· States section of the Of course, there is the right of appeal, and so on. I think Inter-American High· Commission, anubject which is before that House; but they . Mr. KI~G. Does the Senator ask for its consideration now? l\1r. JO'XES of Washington. I ask that it be rear con ~ ·ideration, pending beforE' the Senate. Tl1e difficulty growing out of the unlel". otherwi:-'1'! providerl hy unanimous t·on. ent. situation i. due to tlle fact that under the preceolYe this \vhdher l1e is discussing the question before the Senatf:', and que. tion. While I do not tllink it i~ really nece sary that it sometimes, as we know, his decision seems to be >ery poorly should be referred to that committeE', yet under the circum­ l'u]lported by the facts. stances I a. k that the propo:-;ed amen<.lment IJe referred to the The practice of the Hou ·e of Representatives is certainly not Committee on Rules. to be preferred to the pru -tice of the Senate. The rules of ihe Tl1e YICE PRE. IDE~T. It will be . o refen-eer support. The only question In the Hour-;e of Repre entatives there is what is known as which troubles me i~ how to enforce the mle. It seems to me general debate. When tl1e House resolves itself into the Com­ that there will be Yery little difficulty in adopting the rule if mittee of the Whole for the consideration of an appropriation we f'nn devise a practical metllod by which to enforce it. bill time i,~ allotted for general debate, and during gene'ral de­ In the House of Commons they ~eem to baYe no difficulty in bate on that appropriation bill any Member who can get the tloing ~o, hut the situation i.' a little tlifferent here. I sin­ floor mar speak on any subject that he chooses. In addition <'e rely hope that the committee will work out some practical to that there e:xi.·ts what is lmown as the privilege of exten­ method of enforcing the rule. sion of remark~. Any J\Iember of the House who can get con­ :Ur. JONES of \Vashington. 41ay I :-;ugge. t to the Senator sent to do so may print a discussion of any question at any that in another body- and I do not think it would he improper lPngth t.hat he pleases. to r fer to it in thif; C'Onnection, the Hou:.:c of Heiire.'entath·es­ If the . 'enator from " ?ashington wants to change the rules th y haYe a . imilar rule, nnd tllt>y !J a n " 110 <1i!Tif-1! 1ty in en-fore- of the l'enntP, :Ull} prt>Yent the latitude ·of uebate Wbicb nOW .812. CONGRESSIONAL RECORD-SENATE. JANUARY 5,_

exists, in my opinion he will have explicitly and expressly to I very much doubt whether we will be able to write a rule vest in the Presiding Officer of the Senate the power to deter­ that will improve the procedure of the Senate. The principle JP.ine when a Senator is transgressing the rule that requires of confin~g disCllSsion to the subject at issue is meritorious, him to speak to the subject ;1t issue. Any Senator may now and I think in all ordinary cases the Ohair probably could be raise the point of order that the Senator speaking is not ad- relied upon to decide the question with fairness and accuracy, -dressing himself to the subject at issue. The Chair has often but I can concei'{e of conditions in which the public interest il;ddressed to a Senator occupying the floor the inquiry :whether might be made to suffer by imposing upon the Presiding Officer he was speaking to the subject at issue; and if he replied that the obligation to determine the question as to whether or not lie was, under the precedents of the Senate the Chair has not a Senator was confining himself to the subject at issue. restrained or directed him. Mr. NORRIS. Mr. Pt·esident-- Therefore, if the Senator from Washington wants to change The VICE PRESIDENT. Does the Senator from Arkansas the rules and compel a Senator to submit to the discretion of yield to the Senator from Nebraska? the Chair in the decision of the question as to whether or not Mr. ROBINSON. I yield. he is directing his remarks to the subject at issue, he will have Mr. NORRIS. I am going to ask the Senator from Arkansas to modify the rule which he proposes so as to provide that the a question because of his long experience in the House of Rep­ Chair shall be empowered to determine the question. resentatives, where there prevails to-day a rule, which is en­ 1\fr. JONES of Washington. :Mr. President-- forced, except in the case of general debate to which the Senator 1\fr. ROBINSON. I yield to the Senator from Washington. has already referred, that the Member must direct his remarks l\Ir. JONES of Washington. I do not think the Senator can to the question at issue. While it is true, as the Senator from find in the rules of the Senate any rule which bears out his Arkansas has suggested, that there is a possibility of an abuse contention. Ftui:hermore, I remember that heretofore in the by the Presiding Officer in connection with the enforcement of proceedings of the Senate in severul instances where a Senator such a rule, I wish to ask the Senator from Arkansas if in all made the point of order that tl1e Senator speaking was not con­ his experience in the House of Representatives, regardless of fining himself to the question at issue, the Presiding Officer held which party happened to be in power, he has ever known of a that the Senator addressing the Senate could talk about any­ Speaker of that body even to be charged with any attempt to thing he desired to talk about, nor did the Presiding Officer abuse the discretion that was placed in him in passing on the refer the decision of the matter to the Senator who was himself question whether a Member was speaking to the question? speaking. Mr. . ROBINSON. Yes; I recall instances in which very ~ will say frankly to the Senator that the purpose of my violent and aggressive charges have been made that the Speaker amendment, of course, is to do what the Senator would have was acting in a tyrannical, overbearing, and outrageous man­ it uo under the express provision which he suggests; and if ner, in connection with which language was used that would such an express provision is necessary I should be glad to have hardly be regarded as '' becoming an officer anti a gentleman." ~t inserted in the proposed addition to the rule. I think, how­ I do not say that I know of instances where, in my opinion, the ever, -under the Hules of the Senate, with this proposed para­ Speaker acted arbitrari1y upon such a point of order. graph as a part of Rule XIX, the Chair _could pass upon the Mr. NORRIS. If I may make a further suggestion to the question and would be authorized to do so; but if he would Senator, I am not trying by my question to bring out the Sena­ not be, such authorization could be made perfectly plain in the tor's judgment as to whether the Speaker acted in an arbitrary proposed rule so that there might not be any question about his manner or anything of that kind; I am confining my question authority. solely to the one proposition-- Mr. ROBINSON. Mr. President, notwithstanding the sug­ 1\Ir. ROBINSON. Yes; I understood the Senator. gestions of the Senator from Washington, which are undoubt­ Mr. NORRIS. That is, does the Senator know of instance!! edly based upon actual instances, the fact remains that und~r where it was alleged that the Speaker was unfair in deciding general parliamentary law anyone who addresses a body in that a Member was talking to or not talking to the question at session anywhere is required to discuss the subject at issue. issue? That is the rule of the Senate; it is just as much the rule· of Mr. ROBINSON. Yes; there were frequent controversies of the Senate as is any written rule that we have; but the diffi­ that character during my service in the House of Representa­ culty in its enforcement, as I have already stated, grows out of tives, when Members who were called to orde1,· insisted that they the fact that under the practice of the Senate the speaker is were complying with the rules and that the Speaker was acting made the judge as to whether or not he is complying with the in an arbitrary manner in seeking to interrupt their remarks on rule rather than the Presiding Officer of this body. As I have the point of order being made. • heretofore said, I do not think that the rule proposed by the Mr. NORRIS. Then let me ask the Senator whether he re­ Senator from Washington will materially change the existing calls any instance where, in his judgment, the Speaker wrong­ rules of the Senate. fully exercised an arbitrary power to deprive a Member of the Mr. President, we have bad a great deal of discussion in the right to talk? Senate on the suiJject of cloture, but nothing has ever come of Mr. ROBINSON. I anticipated the Senator's question, and it. Senators are const.:wtly comparing the method of procedure stated in answer to his former question that I do not now re­ of this_ body with that of the body at the other end of the call any incident where, in my opinion, the Speaker acted un­ Capitol, and frequently reference is made to the limitations fairly and arbitrarily. I made that statement in answer to the upon debate there impo ed. I think, however, that experience Senator's former question, because I realized tllat the second has shown that the practice of this body is preferable to that question was tlle logical result of the answer to the first ques­ of the House of Representatives. tion. 1\lr. JONES of Washington. Mr. PTesident, will the Senator l\Ir. NORRIS. I did not catch the Senator's first statement. permit me to interrupt him there? Mr. PITTMAN. Mr. President-- 1\Ir. ROBINSON. I yield to the Senator from ·washington. The VICE PRESIDENT. Does the Senator from Arkansn.·s 1\lr. JONES of Washington. I want to say to the Senator that yield to the Senator from Nevada? I agree with him absolutely as to that, having reference, of Mr. ROBINSON. I yield to the Senator from Nevada. course, to the procedure of the two bodies generally. If the Mr. PITTMAN. I did not hear the resolution read, and :::o Senator will permit me further, I wish to say that I agree fully far I have been unable to gather just exactly what the issue is; with the Senator from Idaho that I would not support any other but from what I have heard it seems to me that as long as we form of cloture or any form of cloture that went further than have in this body the rule of unlimited debate, which encourages the one proposed by the resolution. I belie'\'e that we should Senators to speak for three or four hours, it would be unreason­ ha'\'e t11e utmost freedom of debate here, and I think our pro­ able to expect them to discuss the 1mbject at issue all the time. cedure is much better than that of the other body. Under tllis resolution, if there should be a lapse for 30 minute~, 11·. ROBll~SON. Of course the (,].iffienlty growing out of the we will say, from attention to the subject, at that particular rule which gives the Presiding Officer the arbih·ary power to time the Member would be subject to a point of order and taken .say V\:hen a Senator is confining his remarks to the subject at off his feet, I presume. issue must suggest itself to every Senator. It is regarded as Mr. ROBINSON. In response to the suggestion of the Sen­ llanng had the effect of desh·oying the freedom o,f debate in ator from Nevada, I confess that it has been very difficult fur almost every body where it has ever been applied. It has been me many times to follow the arguments of my colleagues, as my practice to limit my observations to the question at issue. no doubt at times it has been equally difficult for them, to fol­ E•en while a Member of the House of Representati•es I rarely low the arguments submitted by myself; but I am in sympathy indulged in the ptin"lege of extension of remarks or the privi- with the principle that when a Senator speaks he should tallc 1ege of general debate to discuss. questions that were not pend­ about what is before the Senate. I think the practice that pre­ ing before the body and I have never undertaken in the Senate vails in anot ll er body, that permits general discussion of every to discuss question · not pending here. conceiYable subject while an appropriation bill is pending, is 1922. CONGRESSIONAL RECORD-SENATE. . 813

very had, and almost u ele.~ s. It certainly ought not to be ap~ of the sections from which they are appointed. Not that they plied here. mean to discriminate, but that they are better posted upon 1\fr. JO~ES of ·washington. :!\Ir. President, I simply want to and unconsciously more in sympathy probably with the indus­ make a sugge tion. Several of the practices referred to as being tries of the territory from which tlley come. Take the per­ follmYed in another body ru.·e followed by reason of other specific sonnel of the present commission, and let us ee where they rules. My recollection is that in the other body they have a are from. specific rule permitting and providing for this general debate, We fihd that Mr. Hall is from Colorado, Mr. Aitchison is thereby taking it out from under the rule that is submitted from Oregon, Mr. Eastman is from ~lassachusett..:, :Mr. Potter here; and o with various other propositions that haye been is from New York, Mr. Daniels is from New Jersey, Mr. Me~ referr d to here. Chord iB from Kentucky, 1\Ir. Campbell is from Washington, Mr. l\Ieyer is from Wisconsin, 1\Ir. Lewis is from Indiana, :!\Ir. EMPLOYMENT OF , ATTOB~EYS BY ALIEN PTIOPERTY CUSTODIAN. Cox is from New Jersey, and Mr. Esch is from Wisconsin. ~1r. KING. l\lr. Pre ·ident, a few days ago I offered Senate We have upon this commission two members from the State of resolution 191, asking for certain information from the Alien New Jersey. There are only 11 members, with our 48 States, Property Custodian. Reference was made to that resolution and yet New Jersey has 2 members upon that commission. yeE:terclay. I now mm·e that it be taken from the table, and I Also two members are from Wisconsin. nsk for its immediate consideration. I do not mean that the members of the commission would not Tlle VICE PRESIDENT. The question is on the motion of feel disposed to represent the United States in general; but un­ the Senator from Utah to take from the table the resolution . questionably the commissionei·s, in dealing with problems with referred to by him. which they are more familiar, r .re in a better position to· pass The motion ·was .agreed to. _upon them and make equitable adjustments than if they have The v"JCE PRESIDENT. The resolution will be read. only the information that is brought to them when the particu­ Tlle resolution was read, considered by the Senate, and agreed lar rate question is pending. to, .as follow : We find that the entire membership is very largely centered Resol1:cd, That the Alien Property Custodian is directed to report in two sections. Take- the West : There is a member from to the Senate the names of all attorneys who have been appointed or Oregon, a member from Colorado, a member from Washington, employed by the .Alien Property Custodian and the compensation which and in the Middle Northwest two members from Wisconsin. has been allowed to each, and the character of services performed by each; the names of all attorneys, directors, super.visors, managers, Mr. RANSDELL. Two members from Wisconsin. auditors, or other agents appointed by the Alien Property Custodian to Mr. TRAMMELL. Yes; two members from Wisconsin. take care of or to have the administration of property under the con~ 1\lr. SIMMONS. l\Ir. President, may I ask the Senator from trol of the Alien Property Custodian, with the compensation paid to each or to be paid to each by the Alien Property Custodian or out of Florida whether or not it is true that the three Western States the trusts or trust funds in his custody; the names of all attorneys thaf he has mentioned, each of which, he says, has a member appointed or employed by corporations, agents, or individuals who have upon this commission-Oregon, Colorado, and Washington-are been or are acting as administrators or caretakers of property for the Alien Property Custodian and the compensation paid to or to be paid in the same classification territo·ry? to each; the names of all attorneys who have represented or who now Mr. TRAMMELL. I think they are. 1·epresent cllumants to property under the control of the Alien Property Mr. SIMMONS. The country is divided up into district. , and Custodian ; the names of all attorneys who have represented claimants to whom property has been returned under section 8 of the trading rates are classified according to those districts. I am not sure, with t11e enemy act and the compensation allowed each of such attor~ but I am rather inclined to believe that these three States are neys out of the trust or trust funds subject to such claims; a state~ in the same classified territory. ment and description of all property sold by the Alien Property Custodi;m, with the names of 1:he corporations or persons to whom sold, Mr. TRA.l\11\IELL. I have not any accurate information upon and the amount received therefor; and a statement and description that subject, but I think the Senator from North Carolina is of all property seized or demanded by the Alien Property Custodian correct in his suggestion. since tbe passage of the resolution declaring a state of peace to exist with Germany, Austria, ancl Hungary. :Mr. JO~ES of New Mexico. l\Ir. President, will the Senator yield? THE CALEXDAR. 1\fr. TRA.UMELL. Certainly. The VICE PRESIDENT. The morning business is closed. l\fr. J011.TES of New Mexico. I should like to aY, in reply to The calendar, under Rt1le VIII, is in order. tlle inquiry of the Senator from North Cru·olina, that there is a Mr. CURTIS. I ask unanimous consent that the Senate pro~ vast difference as between the intermountain section of the ceed to the consideration of bills on the calendar under Rule country and the Pacific coast section of the country. The mem­ VIII, beginning where we left off yesterday, No. 279. ber of the commission from Colorado would have an entirely The VICE PRESIDENT. Is there obje~tion? different viewpoint, or, rather, if these people can be considei·ed :Mr. KING. 1\fr. Pi·esident, a· I understand the Senator, that as representing local interests at all, he would represent an en­ means that if objection is made the bill will not be taken up? tirely different situation from that of the members from Oregon Mr. CURTIS. I think, under Rule VIII, Senators have a or Washington. As between the States of Oregon and "-ash~ right to mo\e to take up a bill after 2 o'clock. ington, I know of no distinction; but the intermountain section The VICE PRESIDENT. Is there . objection? The Chair ()f the country has .an entirely different situation from the l1ears none. Pacific coast. l\Ir. Sil\fMONS. I do not know that that is very material. APPOINTJ\IENT OF INTERSTATE COMMERCE COMMISSIONERS. Nearly all the States of the South are within one classification l\h·. TRA.l\I:MELL. 1Ir. President, out of order I ask leave area. Of course, the Southern States differ in their production­ to introduce a bill. the things they produce and the things they market-just as The bill (S. 2925) providing that the members of the Inter­ the States of the West differ in the things that they produce state Commerce Commi:~on shall be appointed from different and the things they market, but they are all within one freight sections of the United States, and that not more than on~ mem~ classification territory, and I have been under the impres. ion ber shall be appointed from any one State, was read twice by that the e three States were all within one freight classification its title and referred to the Committee on Interstate Commerce. territory. I may be in error about that, but the point is that l\fr. TRA.1"U:MELL. 1\Ir. President, I desire to make a few they fix these freight rates differently for these different terri~ remarks in reference to the bill which I have just introduced. tories, and there has been a complaint in recent years-a very For a long time I ha'e hoped that the Chief Executive of loud complaint, and a thoroughly justified complaint-coming the Kation would distribute the appointments of the members up from the South, to the effect that the freight rates estab~ of the Interstate Commerce Commission so as to have, as lished by the Interstate Commerce C-ommission for the southern nearly as possible, the different geographical sections of the territory have been higher than in any other territory in the country represented on the commission; but in view of the United States, and that the South has been very greatly dis­ fact that it does not seem to be the policy of t.he President to criminated against b~ the Interstate Commerce Commission in appoint the membership of this commission from different the fixing of rates. · sections, and in . orne instances, or at least in one instance, l\Ir. TRAMMELL. ::\Ir. President, I think that is true. there are two members from one State, I ha\e deemed it proper Mr. SilUMO~S. For that reason the South has been insi:;;;tent and my duty to introduce a bill requiring that 'the commissioners for a long time in asking for a member upon this commission, shall be appointed from different sections of the United States. and has not succeeded, as the Senator from Florida has stated. Take the great southern part of our country. It has no :!\Ir. CUl\IMINS. ~Ir. President-- rE:-presentation upon the commission. It seems that from en­ The VICE PRESIDENT. Does the Senator from Flnrida vironment and from close contact with the transportation prob~ yield to the Senator from Iowa? ,lcms of

The railroad problems of the United States are not centered Whether Mr. Aitchison ~as actuated consciously or uncon­ around or .confined by classification territory. They arise. by sciously in this matter I do not know, but coming from the great reason of the peculiarity of the commerce in a particular part lumber section of the West he has at least contributed his good ·of the country. For instance, the problems of the Pacific coast, offices, I am informed, to obtain a reduction of 16 per cent for which are said to be represented by Mr. Aitchison, who at least the lumber men of the West, and on the other hand has used is familiar with them, are entirely different from the problems his good offices ·to defeat, or at least delay, a reduction of of the intermountain country, from which Mr. Campbell, of rates on lumber shipped from the South. Spokane, a member of the commission, comes. Mr. Hall, who is What is the result? The extensive lumber industry of my from Colorado, may very well be said to be familiar with the State, and of other Southern States, is threatened v;rith paraly­ problems arising in the territory east of the Rocky Mountains; sis, because the great reduction given. to the lumber people of the that is, that broad country ·extending from the Rocky Moun­ West will enable them to bring their lumber into the markets tain. to the Missouri River. of the central West and the East and sell it at lower prices The commission already has a member in the classification than the lumber men of the South, practically only one-third of territory to which the Senator from North Carolina referred. the disbmce away, will be able to obtain for their lumber, for 1\Ir. 1\IcChord, of Kentucky, is in the southern classification ter­ instance, in New York and territory in that Yicinity. This i!'l ritory; but I quite agree that that does not meet the suggestion a concrete case illustrating the fact that the membership of the which the Senator· from North Carolina and the Senator from Interstate Commerce Commission should not be centralized in Florida make. This country, extending southeast along the any one particular section of the country. Atlantic Ocean, in which land transportation must meet the All we want is a fair deal. All we want is for all sections competition of ocean transportation, has its peculiar problems of the country to be properly represented upon the commission, as well, and I think it would not be amiss if there were some and that is what I am contending for. The great southern part member of the commission fro:rr.. that country, which includes of the Nation bas only one Member who is designated even a. North Carolina, South Carolina, Georgia, Alabama, and Flor­ coming from the South, Mr. McChord. Mr. McChord comeS' ida. There are problem peculiar to that territory, possibly from Louisville Ky., on the Ohio River. If the local viewpoint, extending to Louisiana. if the local knowledge gained by a man' residence and hi · Mr. RANSDELL. I was going to ask the Senator if he would citizenship and his connection with the enterprises of any par­ not extend it to the Gulf, and take in Louisiana, Mississippi, ticular locality has auy influence whatever, then the South is and Texas. without representation upon the Interstate Commerce Commis­ Mt·. CUMMINS. I think the same suggestion can be made sion. about that territory. I am simply trying to put the matter l\Ir. CUMMINS. Mr. President-- traight, as I understand it, and not get it confused with what The VICE PRESIDENT. Does the Senator from Florida may be called classification territory. The situation is difficult yield to the Senator from Iowa? enough to deal with at best. Mr. TRAMMELL. Certainly. l\Ir. SIMMONS. The Senator from Iowa stated that one of l\lr. CUMl\llNS. Has the Senator before him the record of the..;e commi sioners now resides in the State of Washington, the case to which he refers? and that he was supposed to be familiar with the peculiar con­ Mr. TRAMMELL. I have not the record, but it wa a ,-olun­ ditions there, and did the Senator say that Mr. Aitchison re­ tary reduction made. . ided in Colorado? Mr. CUMMINS. I know nothing about the case to which Mr. CUMMINS. Mr. Aitchison lives in Oregon. the Senator refe~·s: l\Ir. SIMMONS. He is familiar with the condition · there. Mr. TRAl\ll\IELL. It was a voluntary reduction on the part Mr. WADSWORTH. Mr. President, the conversation going of the roads touching the West. Mr. Aitchison, so I · am in­ on between Senators no doubt is very interesting, but we over formed was heartily in sympathy with the voluntary reduction here can not hear a word of it. in rat~ on lumber shipped from the West. They had pending 1\:Ir. Sll\!1\IONS. I was stating that the Senator from Iowa what was called the hardwood case. Mr. Aitchison opposed a bad said that one of these commissioners understood the reduction in that case. It was understood, and the railroad peculiar conditions in his State-the State of Washington-and executives, so I am informed, had stated, that if the hardwood that another one of the commissioners understood the peculiar case resulted in a reduction they would make a similar reduc­ conditions in another State, although the States are very near tion in rates on lumber from the southern territory. Mr. Aitchi­ together. r son opposed that, and I am told . opposed even the idea of their Mr. TRAMMELL. :Mr. President, if the Senator from North making a voluntary reduction in the rates on yellow pine Carolina desires to speak further, of course I will yield; but I shipped from the South. had hoped to- conclude in a few moments. Mr. CUMMINS. Mr. President, I shall look into the situa­ Mr. SIMMONS. I was only trying to help the Senator. tion, because the Senator has made a very grave charge against Mr. DIAL. Mr. President, I would like to have permission Mr. Aitchison. I know Mr. Aitchison very well, and have to ask the Senator from North Carolina a question. known him for many years. I look upon him as one of the The VICE PRESIDENT. Does the Senator from Florida most intelligent as well as honorable men in public life, and yield to the Senator from South Carolina? unless the Senator has some record before him, or some evi­ Mr. TRAMMELL. I decline to yield. dence, that he has been influenced in his action by the locality Mr. SIMMONS. I will not interrupt the Senator further. from which he comes, I hardly credit the information upon 1\!r. TRAMJ\'IELL. I dislike to be discourteous, but I want which the Senator is acting, because there is no higher-minded to get through, and then I will be glad to hear the Se~ator. man in this country than Mr. Aitchison. I thank the Senator from Iowa and also the Senator from Mr. TRAMMELL. I do not know 1\Ir. Aitchison, but I had North Carolina for their contributions to the debate upon this these circumstances and facts related to me by a gentleman subject. The statements made by the Senator from Iowa clearly connected with the lumber industry of the South, and until justify my bill and support the purpose of the measure. He Mr. Aitchison displays some interest in getting a reduction in · illustrated by speaking of different members of the commis­ freight rates upon lumber shipped from southern territory, sion having the viewpoints of different sections of the country. so that the business of that section of the country will not be That is just exactly the point I have in mind. That is the paralyzed by the existing high rates and the reduction granted reason I introduced the bill, because I consider that they have the lumbermen of the West, which makes the southern men the viewpoint, whether consciously or unconsciously, of par­ unable to compete. or even meet the prices of the western ticular sections of the country, and I desire to mention a spe­ lumbermen in the eastern market, I will share the view of my cific instance. informant that Mr. Aitchison's viewpoint is entirely a western The Senator referred to Mr. Aitchison. Recently there has viewpoint, that he is willing to discriminate in favor of the come before the Interstate Commerce Commission, formally or West against .the lumbermen of the South. What I demand informally, the question of lumber rates. Mr. Aitchison, who is on the part of my section of the country at the hands of Mr. from Oregon, as I understand upon reliable authority, was Aitchison or any other member of the commission is that they heartily in sympathy with the idea of the railroads making a do justice by the industries of the southern part of this Re­ voluntary 1·eduction of about 16 per cent in the rates on lumber public, even though they may not hail from that part of the from the West to the Central West and the East; but wh€m the· country. question of a reduction of freight rates upon lumber from the Mr. POMERENE. Mr. President-- Southern States was raised, Mr. Aitchison, instead of trying to The VICE PRESIDENT. Doe the Senator from Florida assist in bringing about a voluntary reduction or a forced reduc­ yield to the Senator from Ohio? tion; if you please, if necessary, in freight rates, balked in eYery Mr. TRAMMELL. Certainly. way possible, I am informed, the plan to secure a reduction in l\1r. POMERENE. It may be that the Senator has answeretl the rates upon lumber shipped ft•orn the South. what i~ in my mind, but I did not so understand it. He has 1922. CONGRESSIONAL R.ECOR.D-SENATE. 815

stated what 1\Ir. Aitchison's po ition was when this contro­ them up and made two vacancies, which President Harding versy, or case, was before the coi;Umission. Of course, evm·y filled after Wilson went out. I did the same thing with these fair-minded man realizes that all these rates should be equitable appointments simply as a matter of protest. as among the several sections of the country, but what I desired I know· of no reason why Mr. Aitchison should not be con­ to ask the Senator was what the final action of the commission D):med, but if what the Senator from Florida says is true he was with regard to these lumber rates; or bas the case not yet ought not to be confirmed, and I think it ought to be known. been disposed of? I have the highest regard for l\lr. Aitchison and have nothing Mr. TRAMMELL. They have not disposed of what they against him at all. I am surprised to hear these revelations call the hardwood case. The other matte1·s were handled in here to-day. I do not think such charges ought to be made • an informal way, as a good many matters have been handled .u;nless there is some truth behind them, because this is an by that commission. During the last three or four months we outrageous thing against the South. have s~en the railroads of the country facing a threatening But here is New Je1·sey with two men on the Interstate Com­ cloud-the possibility of a forced I'eduction in freight rates. merce Commission, and while this great territory in the South 'Ve have witnessed tllem coming in and "VOluntarily proposing always had a representative upon the commission up to the orne reduction of rates. That was the policy pur ned in this tiiQ.e Woodrow Wilson became President, a representative in the instance. person of Judge Clements, who was one of the ablest men on 1\fr. l\fcNARY. l\lr. President-- the commission, we have no such representative now. Judge The VICE PRESIDENT. Does the Senator f1·om Florida Clements represented the southern territory for a long time. yield to the Senator from Oregon? All we. want is some one on the commi sion who represent. the 1\Ir. TRAMMELL. Certainly. South. 1\fr. McNARY. I feel certain that the Senator from Florida I heard the other day, though I do not know whether it is has done Commissioner Aitchison an injustice. For many year true or not, that tlle question of freight .rates on cotton came up he was chairman of the Oregon State Railway Commission. before the commission, and the question of lint cotton was being In t11at capacity he always showed a broadness of vision and a discussed, and it developed that there was not a member of the pirit of justice that did not permit of discrimination toward Interstate Commerce Commission who knew what lint cotton any part of the State. Since he bas been a member of the meant. That would seem to demonstrate why somebody ought Interstate Commerce Commission I am sure no one can say to be on the commission from this great classification territory, justly, however strong a desire they may have to have a com­ somebody who understands our conditions, who underStands missioner from their own section of the country, that 1\fr. what we raise, and who would, for instance, know what lint Aitchison ever has done any single thing in his career as com­ cotton is. missioner that would invite the suggestion or justify the suooges­ It was for reasons of that character that I held up the ap­ toin that he has been discriminatory, unfair, or unjust. pointment~ simply as a protest. The Senator from Florida The Senator from Florida speaks of the white-pine rates to [Mr. TRAlnrELL] is rendering a great service. If what he has the coast. He must know that western pine, the Douglas fir, sa~d is true, it ought to be known. I do not know anything is raised along the coast mountains. The railroads there come ab,out it, but if the charges are true, Mr. Aitchison ought not to into competition with water carriers, and therefore there has be confirmed. always been a lowering of the rates to those sections of the Ur. FLETCHER. Mr. President-- country from which all this timber moYes. Naturally the com­ l\Ir. 'VADSWORTH. Mr. President, a parliamentary in­ mission bas taken that into consideration and has given rates to quiry. the coast which were lower than the rates given to towns and Mr. . TI:tAl\lMELL. I yield to my colleague, who ro e first. cities in either mountain district of the country, which inYolves The VICE PRESIDENT. The Senator from ~ -ew York lie­ the question of the long-and-short haul. sires to state a parliamentary inquiry. I do not wish to take the time of the Senator from Florida Mr. TRAMMELL. Very well. further, but I know M:r. Aitchison, his career and his ability, so Mr. 'VADSWORTH. Is it within the power or discretion of well that I wish to ay that I believe it is unfair for anyone to a Senator holding the floor to yield for speeches to be made · charge that ·be has not actoo fairly and justly toward all sec­ by other Senators? tions of the country. The VICE PRESIDENT. It is not. 1\fr. TRAMMELL. Mr. President, the Senator from Or gon J.Ur. TRAMMELL. I will yield to my colleague only for an has stated that the rates from the West are· low because of inquiry, because I do not wish to lose the floor. water competition. I am ure the Senator is . u:fficiently fa­ l\Ir. FLETCHER. I will ask my colleague this que. tion, miliar with his geography to know that Florida, Geergia, South whether or not it is true that what is known as the hardwood Carolina, Louisiana; Alabama, Mississippi, and a number of the case-that i a complaint filed in a case made up with respect lumber-producing States in the South are also coast States to freight rates on har~.wood from southern territory to the and that tbey should participate in whateYer competition we North and the East-has been pending for some time, some may have on account of water rates. They are not doing so, months, and whether or not that case is still undecided and liD­ however. They are not doing so because the Interstate Com­ determined, and whether or not the railroads have signified that . merce Commission has not shown that zealousy toward them if that case be decided in favor of the shipper-that is, in favor of a !'eduction of the rates on ~ardwood-they would then "VOl­ and in behalf of getting a reduction of lumber rates from the untarily make similar reductions as to yellow pine and all South that has been true as to the fixing of railroad rate from -other timber from the South to those markets, and therefore, the West. whether it is not true that the whole question of adjlli!ting the Mr. McNARY. 1\Ir. Pre ident, may I ask the Senator a ques­ rates and putting them upon a fair basis from the South to tion? northern and eastern markets, on both hardwood and yellow Mr. TRA.l\llUELL. Certainly. pine and all other lumber, is dependent on the decision of the Mr. McNARY. The Senator says he is informed. I there hardwood case, an-d whether the Senator's information as to a record of that character showing that l\.Ir. Aitchi on has at­ that case is that the position of Mr. Aitchison is ope of opposi­ tempted to decide the policy of the Interstate Commerce Com­ tion to any 1·eduction being made? mission as against the South and in favor of the 'Vest? - - l\Ir. TRAMMELL. That is my information, that he is op­ Mr. TRAMMELL. My informant is a man connected with poseu to any reduction being made in that particular case. It the industry and has more or less busine s before the Inter­ is commonly known in railroad circles and by people who are state Commerce Commission and is pretty well in touch with interested in J;.he lumber industi'y and by the railroad traffic what is going on and the position of Mr. Aitchison with regard department~, that if that case is determined in favor of the to this matter. shippers a similar reduction will be made upon yellow pine The best way for Mr. Aitchison to reestablish himself in my from outllern territory. I understand Mr. Aitchison is opposed • confidence is to see that justice is done to the lumber indu try to any reduction being made. A few days ago, so I am in­ in the southern part of the country. If he will do that he will formed, with .nine members of the commission present, with reestablish himself in my confidence ; otherwise he will not. fiye members probably against reducing the rates on hardwood l\lr. OVERMAN. Mr. President-- from southern territory, Mr. Aitchison, who was against the Mr. TRAMMELL. I yield to the Senator from .Xorth Carolina. rate reduction, attempted to force a decision in this case. Had Mr. OVERMAN. I held up the e appointments before the he done so, it would have meant the defeat, for the present at holidays as a protest that the great southern territory had l~ast, of the yellow-pine lumbermen from the southern territory been absolutely ignored not only by President Harding but by in their effort to get a reduction which would enable them to President Wilson. When President Wilson ent two names compete with the Northwest in the eastern markets. down here for confirmation for appointment on the Interstate 1\.Ir. CUMMINS. Upon what, yellow pine or hardwood? Commerce Commissiou and did not recognize the South I held Mr. TRAMMELL. Hardwood from southern territory. 816 CONGRESSIONAL RECORD-SENATE. ~J ..A .XU RY 5,

1\lr. CU1\ll\11NS. The senior Senator from Florida [Mr. ment in the question of rates at the hands of the Iuterstate FLETCHER] indicates that the case pending relates to freight Commerce Commission that other sections of the country haY<'. rates upon hardwood. Of course, there is no competition be­ then there would be no necessity and no reason for haYing intro­ hveen the West and the South on hardwood. For years now duced the bill or for the position that I am advocating at the there has been a certain relation between freight rates from the present time. western part of the country to the markets in the East on soft \Ve have some precedents for the policy of requiring the ap­ woods, pine of various kinds, and the freight rates from south­ pointment of members of boards from different geographical ern territory to the markets in the Middle West and the East. sections of the country so as to make a proper di ttibution of For years the southern country has had altogether the advan­ such appointments. In the present law governing the appoint­ tage, as it ought to ha-ve an advantage, in freight rates to the ment of members of the Shipping Board "\That do we find? \Yc country in which I live. find the following provision in section 3 of the present law: I would like to know whether there is any charge that the The commissioners sball be appointed with due regard to their fit­ relation between the competing lumbers from the West and from ness for the efficient discharge of the duties imposed on them by this act, and two shall be appointed from the States touching on the the South has been changed? I have not heard that the reTation Pacific Ocean- · has been changed at all, although it may have been. I am not I fancy that somebody representing the western part of the familip.r at all with the case. country at the time that this law was being prepared felt that 1\Ir. TRAl\IMELL. I am not familiar with the details. the great Pacific coast should have representation upon thi Mr. CUl\fMINS. It seems to me it is very far-fetched to charge that because Mr. Aitchison may be-l do not know that important board; and I think they were right about it. The act he is--opposed to a reduction in the rates on hardwood from further provides- • two from the Statcz touching the Atlantic Ocean, one from t he States the South, that therefore he is doing the South an injustice. I touching the Gulf of Mexico, one from the States touching the Grea t do not know. I think one ought to be pretty careful with re­ Lakes, and one from the interior, but not more than one shall be ap­ spect to his facts before he makes a charge that an officer hold­ pointed from the same State. ing the -position Mr. Aitchison does is consciously influenced That is the .policy precisely which I seek to haye enacted into because of the interest he may have in the locality from which the law governing the Interstate Commerce Commission, so a he comes. to provide for the distribution of these important offices among l\Ir. TRAMMELL. I am not familiar with the details of that the different sections of the country. case, but on account of the as urance of the railroads that they Of course, I do not know what reason the Interstate Com­ would reduce the yellow-pine rates in an amount equal to any merce Commission may give for having prior to the present reduction that might be made upon hardwood from southern railroad control act fixed rates that permitted, as an illustra­ territory, and the two questions being so interwoven one with tion, the citrus-fruit producers of California to ship their fruit the other, it seems to me that opposition to reduction of the from the ·west, a distance of approximately 3,000 lniles, to the hardwood rates of course would involYe the question of the rates eastern market for a rate of not more than 12 or 15 cents per upon yellow pine. box than wa charged for the transportation of the citrus fruits I do not wish to do Mr. Aitchison an inju tice, but I under­ of Florida to the eastern markets, a distance ranging from 800 stand that he is also opposed to a reduction in the yellow-pine to 1,000 or 1,200 miles. rates from the South. Whether that inference has been drawn Take the rates which the commission authorized-for they entirely from his position on the hardwood case I will not state. had their approval-following the authority granted by Con-.... It might be that is true. However, I got the contrary im­ gress in the Esch-Cumruins Act of 1920 to increase rates, and pression that he had probably expressly made known that he it will be found that they prescribed rates of only about 16 was opposed to the reduction in the rates on yellow pine from cents per box more for citrons fruits coming from Californiu outhern tet'ritory. That is what I am objecting to. to New York than they did from the Florida territory for the l\Ir. McNARY. l\fr President, will the Senator yield to me? transportation of a box of oranges to the eastern market. They 1\.-lr. TRAMMELL. I yield to the Senator from Oregon. prescribed rates to Chicago and other points in the l\fiddle West, l\Ir. McNARY. I only wish to remark that the Senator from a eli tance of practically twice what it was from Florida to Iowa [Mr. CuMMINS] has well covered the points im·olved in New York, for the transportation of citrons fruit approximating that case. the same as the rate prescribed from Florida for only about Mr. WADSWORTH. Mr. President, I shall haYe to make the one-half the haul. point of order that the Senator from Florida loses the floor if Untrained in the mysterie of transportation rate· and not he permits another Senator to make a speech while he has the claiming to .be an expert 011 freight schedules, I am unable to floor. understan<;l this discrepancy ; yet I know that it is a condition Mr. TRAMMELL. I do not wish to yield the floor. with which the people in my State who are engaged in the The VICE PRESIDENT. The Senator from Florida has the citrus-fruit indu try haYe had to contend for :years. "e can floor. do no worse by getting a change and haYing the Interstate Com­ Mr. TRAMMELL. I desire to conclude b1iefiy. In framing merce Commissioners appointed from different sections of the the bill designating the territory from which members re­ country. spectively should be appointed to the Interstate Commerce Com­ I haYe intt·oduced this bill. As I have stated, if a majority of mission, I do .not contend that I have properly apportioned the the Senate agree · with me a to the general policy, the bill will territory just as it should be appbrtioned. l\Iy object and pur­ probably haye to be changed o far as the designation of terri­ pose is to emphasize the fact that there should be a diversity ot tory i concerned. What I am interested in, and inte ·ested in residence in the membership of the commis ion and that it primarily, is the matter of haYing the different geographical should not be centralized in any one particular section or in sections of the country represented on the commission, having any one or two or three particular sections of the United States. justice done by every part of this great Nation of ours in deal­ As was well stated by the chairman of the Committee on ing with the transportation problem, and I am seriously inter­ Interstate Commerce [Mr. CuMMINS], in peaking of certain ested in having the great southern part of America, which to­ members of the commission, their viewpoint probably is fixed day has no representation upon the commission, represented in very largely by their knowledge and their familiarity with the its membership. problems in the particular localities from which they come. I RELIEF OF DIS TRESS IN RC'SSU. think the commission itself recognizes that that is true, becau.-e l\Ir. SMOOT. l\Ir. President, a few moment · ago the Senator the commission, as I understand, de ignates certain members of from Idaho [l\[r. BoRAH] asked me if it wer true that all of the commission to have more direct supervision, I might say, the grain which ha. been purchased for Russian relief was to over the questions coming from particular sections of the coun­ be shipped in foreign vessels, he having heard that E"mch an • try, and in the selection of those members to supervise more order had been issued by the Shipping Board. I at once got in pru:ticularly certain problem they do not select members from touch with l\Ir. Lnsker, the head of the boarll, and asked him a section of the couritry entirely removed from that in whicll what were the facts in the case. What I shall now say is the particular problems arise, but they assign to those problems substantially a repetition of the statement which he made to more genetally members from that particular locality or that me in reference to that matter. section. · Under the so-called Jones Act it is the duty of the Shipping If that is true it emphasizes the neces ity of the great south­ Board to encourage private shipping as much as it is possible ern part of the country ha nng repre entation upon the com­ to do so. The object of the law is that the· Government of the mission. I care nothing particular!~· about the per onnel of the United States shall not come in direct competition with ships comtniss1on. I care nothing about who ma:r be appointed from which arc operated under the American flag and wltich are the southern part of the country. Had the great southern teni­ owned by private pa~ties. Mr. Lasker has tried to follow out tory. been properly considered, had it received the same treat- that policy. 1922. CONGRESSIONAIJ RECORD-SENATE. 817rI

The Shipping Board to-day are operating ves~e1 only on ve ::;els, Mr. Lasker will use the Government-owned ves els in established routes and running upon schedule time; the ~·e­ order io make sure that the grain is transported. mainder of the ships which are under the control of the Ship­ BIJ.LS, ETC., PASSED OYER. ping Board or of the Government are tied up. The 9-uestion of the manner of shipping grain to Russia for the relief of that The bill ( S. 2135) to enable the refunding of obligations of foreign Governments owing to the United Sta~es of America, unhappy people came up immediately after the passage of the and for other purposes, was announced as next m order. joint resolution appropriating $20,000,000 for the. purc~ase of supplies in aid of the Russian people. It was Impossible to Mr. CURTIS. I ask that that bill may be passed oYer. utilize the vessels which are in operation on regular routes. The VICE PRESIDENT. The bill will be passed over. The joint resolution (H. J. Res. 183) imposing a duty of 90 The only alternative the Shipping Board had wa~ to employ per cent on all goods e.xported from the United States for the s01i1e of the ships which are now tied up and repair them, as, use of the American Expeditionary Forces and its allied forces -- indeed all of them would have to be repaired, and secure crews afld which have been sold to any foreign Government or person to ope~·ate them, or else allow Americ~n tramp ve~sels, not when reimported into the United States was announced as next running on any particular course but flymg th~ Amencan flag, to transport the grain to Russia. The rates which were offered in order. Mr. CURTIS. I ask that the jolnt resolution go over. • Mr. Hoover for the shipment of the first cargo were such that The VICE PRESIDENT. 'l'he joint resolution will be passed there would have been a heavy loss of money if the Government over. of the United States had taken one of the Govermi:le~t-owned The bill {S. 2515) to amend an act entitled "An act to amend vessels now tied up, repaired it, placed it in operation~ and shipped the grain by such "\essel. Therefore, Mr. President, an act entitled 'An act for making further and more effectua! Mr. Lasker, the head of the Shipping Board, is following out provision for the national defense, ~nd f?l:' othe~· p~n·p.~ses, the law as it is. approved June 3, 1916, and to establish military JUstice, ap- proved June 4, 1920, was announced as next in o~der. . He also stated to me that he had notified 1\lr. Hoover that Mr. JONES of Washington. I ask that that bill go O"fer. if Yessels operated by American citizens and flying the Ameri­ The VICE PRESIDENT. The bill will be passed over. can flag could not be secured rapidly enough to transport the The bill ( S. 268) for the relief of William 0. 1\Iallahan wa.'3 O'rain to Russia, then the board would take some of the Gov­ announced as next in order. ~rnment-owned vessels which are tied up, repair them, and Mr. KING. I ask that that bill go over. transport the grain in that way. The VICE PRESIDENT. The bill will be passed over. That is the exact situation as it exist to-day. I thought that after the inquiry had been made, it was my duty to state to MILITARY SERVICE OUTSIDE OF CONTINENTAL UNITED STATES._ the 'senate just exactly the situation. I think Mr. Lasker has The bill ( S. 2363) to abolish the limitation on milita~·y serv­ done all that could be done, acting in conformity with the pro­ ice without the continental limits of the United States Imposed "fisions of the law which has already been passed. by the act of Congress approved March 4, 1915, was con ·idered Mr. CURTIS. Mr. President, I rise to a question of order. as in Committee of the Whole. The VICE PRESIDENT. The Senator will state his ques­ Mr. KING. I should like to inquire of the Senator from tion of order. New York what the effect of the bill will be? 1\fr. CURTIS. Is nut the Senate now proceeding under the Mr. WADSWORTH. If enacted, it will saye the Government five-minute rule? $300,000 a year. . The VICE PRESIDENT. It is. 1\fr. President, I desire to offer an amendment to th~ bill. l\Ir. SMOOT. I have not spoken for five minutes. The amendment will not change the intent of the measure m the Mr. CURTIS. I do not know how long the Senator has least but will better express its meaning, I think. spoken; I merely ask the question, because I am anxious to or: line 4 page 1 I move to strike out the words " i hereby hurry these matters along, if it is possible to do so. repealed," ~nd to ~sert the same words on line 12 after the Mr. FLETCHER. Mr. President, I should like to ask the words " Philippine Scouts." Senator from Utah a question in connection with the matter Mr. SMOOT. 1\Ir. President, I desire to call the attention of which he has just been discussing. I do not quite understand the Senator from Virginia [:Mr. Sw.A.NSO~] to this bill, because whether- the matter has been determined one way or the other. he asked me, if it came up, to request that it be passed oYer. Mr. SMOOT. Not as yet; nor can it be until the o·ccasion Jt, is Order of Business No. 295. arises to deter·mine just exactly what they are going to do, ex­ Mr. SWANSON. Mr. President, I recall the bill. I told the cept that, if the rates on privately owned vessels are sufficiently Senator from New York that if it came ~P aga~, as i.t has low to make it inadvisable to repair and utilize the Government come up two or three times, I would not obJect to 1ts consldern­ ships that are now tied up, privately owned vessels will be em­ tion. I am constrained not to object. ployed for the purpose of transporting the grain. The VICE PRESIDENT. The amendments offered by the 1.\fr. FLETCHER. I think the Shipping Board will find that Senator from New York will be stated. there is not any very great need of extensive repairs; that The READING CLERK. On page 1, line 4, it is provo ~ eel to many of the Shipping Board vessels which are now tied up are strike out the comma and the words "is hereby' repealed.' in perfect repair and condition. They may need to be cleaned The amendment was agreed to. up a. little or something of that sort, but that is a matter of The READING CLERK: On page 1, line 12, after the wortl " Scouts," it is proposed to insert a comma and the ''orlls "\ery little consequence and involves very little expense. Then, " is hereby repealed." so far as manning the vessels is concerned, I think there are The amendment was agreed to. some 30,000 sailors now out of employment who would like to get on board some of these ships. Furthermore, out of some Mr. KING. Ur. President, may I inquire of the Senator whether this bill extends the period of serYice, or limit · the 1,100 cargo carriers belonging to or under the control of the period of service, or imposes any restriction upon the otlkials Shipping Board, only about 380 are in operation, as I recall. We certainly have enough ships of first class and in good con­ of the War Department in determining the plate where the enlisted men shall serve or the length of time that the~- shall dition ready to perform this service. serve in any particular locality? Mr. SMOOT. The Senator knows very well the conditions Mr \VADSWORTH. It does away with· all restri<:tious. under which the board must operate, for, I think, he supported Mr: KING. It does not extend the period of senice? the bill by the terms of which privately owned ships, flying the Mr. WADSWORTH. Oh, no. It lea-ves it in the dis{'ret!on American flag, were to be encouraged as much as possible, and of the department. the Government was not to enter into direct competition in the Mr. SMOOT. Mr. President, I want to see what those amend­ regular carryinp trade. I have no doubt that the grain for ments mean. I should like to ha"\e the bill read no\"\ with the Russia can be carried-- amen'dments. Mr. WADSWORTH. 1\fr. President, I will have to insist The VICE PRESIDENT. The Secretary willrea

Mx. SMOOT. I the object ·of that simply to repeal the provi­ That the provi o of the .act of March 4, 1D1G, which read as follows­ ion applying to the Philippine Scouts? Then the provisos are quoted- Mr. WADS WORTH. To repeal the whole thing. Those two are hereby .repealed. provisions which are in quotation marks are part of the act 1\lr. S:UOOT. That is all right. of ~larch 4, 1915. As the bill was introduced .and Teported from The VICE PRESIDTh"'ff. The question is on the engro meut the committee the words '' is hereby repealed " occur on line 4, and third reading of the bill. before the quotation from the act which is to be repealed; and The bill was ordered to be engrossed for a third reading, read it was a rather awkwa.rd way of expressing it. I thought the the third time, and pas ed. conclusion of the bill should be tbe repealing clause. Ur. SMOOT. I think that is right. All I wanted to know BILLS, ETC., PASSED 0"\t"'ER. was whether the Tepealing cl.ause applied only to the organiza­ The bill (S. 2035) for the 1·elief of William l\1, Carroll was tion 1.-nown as the Philippine Scouts? announced as next in ordeJ.•. · Mr. WADSWORTH. It applies to eTerything within the quo­ 1\lr. KING. Let that go over. tation marks. It says: The "VICE PRESIDENT. The bill will be passed _over. That the provl o of the act of March 4, 1915, which reads as fol­ The resolution (S. Res . .150) ' as .amended, was announced as next thing is repealed-the whole limitation upon the officers. in order. Mr. SMOOT. I doubt very much whether it is. 1\lr. KL,G. Mr. President, r~erving the right to object, I Mr. WADSWORTH. l\lay I say to the Senator that the bill should like to direct the atte.ntion .of the Senator from Minnesota as at present amended reads as follows: [1\fr. NELSON] to one point. I think Congre s is going wild in That the _proviso of the act of 1\Iarcb 4, 1915, which J."eads as fol­ legislating-- lows- l\Ir. NELSON. Mr. President, will the Senator hear me for Then follow the b~·o pro>i o and then the -words " is hereby just a minute? I think he misapprehends the bill. repealed." 1\Ir. KING. I ask t11at this may not be taken out of my five That I'epeal them both. We might sa , " The provisos are minutes. hereby repeale

So a to make tbe bill read : Mr. KING. I shall call the attention of the department to it Ba it enacted, etc., That :from and after the pa age of this act immediately. homestead claims may be initiated by actual settlers :for public lands The VICE PRESIDENT. Objection being rnalle, the bill will of the United States in .Alaska known to contain workable coal, oil, be passed over. or gas deposits, or that may be valuable for the coal, oil, or gas con­ tained therein, and which are not otherwise re erved or withdrawn, AME:m>MENT OF FEDEBAL RESERVE ACT. whenever such claim shall be initiated with a view of obtaining or passing title with a reservation to the United States of the coal, oil, Tbe VICE PRESIDENT. The hom· of 2 o clock having ar- • or gas in such lands, and of the right to prospect for, mine, and rived, the Chair lays before the Senate the unfini hed business, remove the same ; and any settler who has initiated a homestead claim in good faith on lands containing workable deposits of coal, oil, whlch will be stated. or gas, or that may be valuable for the coal, oil, or gas contained The READING CLEBK. A bill ( S. 2263) to amend the Feueral therein, may perfect the same under the provisions of the laws under reserve act, approved Deceniber 23, 1913. · which the claim was initiated, but shall receive the limited patent I provided for in this act: Provided, ho10eve1·, That should it be dis­ 1\fr. CURTIS. ask unanimous consent that the unfinished covered at any time prior to the issuance of a final certificate on any business be temporarily laid aside and that the Senate proceed claim initiated for unreserved lands in Alaska that the lands are with the consideration of the calendar. coal, oil, or gas in character, the patent issued on such entry shall 1\fr. KING. Until it is completed? contain the rese1·vation re~ired by this act. SEC, 2. That upon satisfactory proof of full compliance ~th the lli. CURTIS. Yes. provisions of the laws under which the entry is made and of this act Mr. HARRISON. Mr. President, I desire to make a request the entryman shall be entitled to a patent to the lands entered by him which patent shall contain a reservation to the United States of ad for unanimous consent, and I think I would rather have a better the coal, oil, or gas in the land so patented, together with the right to attendance before I do so. So I make the point of no quorum. prospect for, mine, and remove the arne. The coal, oil. or gas deposits The VICE PRESIDENT. The Secretary will call the roll. so reserved shall be subject to disposal by the United States in accord­ ance with the provisions of the law applicable to coal, oil, or _gas The reading clerk called the roll, and the following Senators deposits on coal, oil, or gas lands in .Alaska in force at the time of answered to their names: ·ueh disposal. .Any person qualified to acquire coal. oil, or gas deposits, or the right to mme and remove the coal or to drill for and remove Ashur t Elkins King Smoot the oil or gas under the laws of the United States, shall have the right Borah ll'er.nald McCumber ::;pencer at all times to enter U\)On the lands entered or patented. as provided Brandegee Fletcher McNary Stanfield by the provisions of thlS act, for the purpose of prospecting for coal, Broussard France Nelson Sterling oil, or gas therein, upon the approval by the Secretary of the Interior Bursum Glass New Sutherland of a bond or undertaking to be filed with him as security for the pay­ Calder Gooding Norbeck Swanson ment of all damages to the crops and improvements on such lands by Cameron Harris Norris Townsend reason of such prospecting. .Any person who has acquired from the Capper Harrison Oddie Trammell United States the coal, oil, or gas deposits in any uch land, or 'the Caraway Heflin Page Wadsworth right to mine, drill for, or remove the same, may reenter and occupy Culberson Hitchcock Pomerene Walsh, Mas . o much of the surface thereof as may be reqwred :for all purposes Cummins Jones, N. Mex. Ransdell Walsh, Mont. reasonably incident to the mining and removal of the coal, oil, or gas Curtis Jones, Wash. Robinson Watson, Ind. therefrom, and mine and remove the coal or drill for and remo>e the Dial Kenyon 'heppard Williams na- holidays, and I am assuming the practice will be followed, for to.r from Michigan. . the Senate on Friday afternoon to adjourn over until Monday, Mr. NORRIS. I do not see how anyone could object to that. which would make the unlimited time for debate run until 12 The PRESIDING OFFICER. Is there objection? o'clock on Tuesday. The Senator will see, therefore, that ·there Mr. SPENCER. I object to the request for precisely the is no reason why we should now change the unanimous-consent same reason which I have previously indicated. agreement. The PRESIDING OFFICER. The Senator from Missouri .. l\Ir. HARRISON. There is reason if he does not speak until objects. the 1-honr limitation begins to apply, and it is to remove that Mr. WILLIS and 1\Ir. BORAH addressed the Chair. limitation, ~vhen the rule applies limiting debate to one hour, The PRESIDING OFFICER. The Senator from Ohio. that I have asked for a modification of the unanimous-consent Mr. WILLIS. As I understand, the Senator f1·om Missouri agreement. has objected to the request of the Senator from Nebraska? Mr. SPENCER. I know with what excellent motive the J.\.Ir. SPENCER. I have objected. Senator f1·om l\fississppi is moved and how aru...-ious he is that Mr. W'ILLIS. I wish to say to the Senator from Missouri there should be full discussion. It might perhaps occur t o some that there are some Senators on this side of the Chamber who that the suggestion should come from the friends of Senator are very much interested in the junior Senator from Michigan NEWBERRY, but doubtless that had not occurred to the Senator [Mr. NEWBERnY] having full opportunity to state his case; but, from Mississippi. so far as I am concerned, I shall not be in favor of an arrange­ Mr. HARRISON. We are more generous than the Senator ment which will permit that Senator to stand here and read a supposed. We were afraid peJ:haps that it would not come speech and not respond to inquiries. I therefore think the from the friends of Senator NEWBERnY. Senator from Missouri ought not to object to the perfectly 1\Ir. SPENCER. Perhaps that is true. Coming, therefore, reasonable request of the Senator from Mississippi [l\fr. H.A.R- from those who are not the friends of Senator NEWBERBY, let nrsoN]. · the Senator from Mississippi dra. w his own inference, but cer­ Mr. BORAH. Mr. President, as objection has been made, I tainly there is no need of any change in the present agreement. wish to make an inquiry concerning another feature of the Mr. WALSH of Montana. Mr. President, I wish to remind matter. As I understand, the time at which the debate is to the Senator from Missouri that the senior Senator from Michi­ begin is to-morrow at 1 o'clock? gan [Mr. TowNSE n] gave notice that he would address the The PRESIDING OFFICER. The Chair undei'stands that to Senate on Saturday. So in deference to the senior Senator be the case. from Michigan it will be necessary to hold a session on Sat­ Mr. BORAH. I had understood-and I am sure it was inti­ urday. mated about the Senate Chamber that there "\YaS such an Mr. SPENCER. I remember the notice which the senior understanding, although I do not know that it was authentic­ Senator from Michigan gave. that, owing to the fact that we adjourned almost imme.diately l\1r. POMERENE. l\Ir. President-- on the first day of the session on account of the death of the Mr. NORRIS. l\11·. President, may I interrupt the Senator? late Senator Penrose, it was understood that the unanimous­ Mr. HARRISON. I yield to the Senator from Ohio. consent agreement should begin to operate on Saturday, and The PRESIDING OFFICER. The Chair understands that that it was for that reason the senior Senator from Michigan the Senator from Missouri has the floor, he having risen to [Mr. ToWNSEND] gave notice that he would open the debate on object to the request of the Senator from Mississippi. that day. I should like to know if it is now definitely deter­ Mr. SPENCER. Have I the floor? mined that debate shall open to~m6rrow at 1 o'clock under the The PRESIDING OFFICER. The Senator from Missouri agreement? has the floor. The PRESIDING OFFICER. The Chair will say to the Sen­ 1\I.r: SPENCER. Then I 3·ield to the Senator from Ohio, who ator from Ohio that that is the unanimous-consent agreement, firRt addressed the Chair. and there has been no modifi~ation of it in the Senate. ' 822 CONGR.ESSIQN AL R.ECOR.D-SENATE. . JANUARY 5,

l\lr. llOlliXSON. That is, provided the Senate is in session The bill was read as follow~: to-mOl'l'O\V. Be it enacted, etc., That any lands within tbe following-described The PRESIDJ~G OFFICER. Yes. '!IT!· # ;~, ..~_., • areas, founq by th.e. Secretary of Agriculture to be chiefly valuable for the production of timber or the protection of stream flow may with Mr. HOBL ·soN. If the Senate should not be in session to­ the approval of the Secretar:y of the Interior, be included' within and morrow, the tlebate would begin on the following day when the and made a part. of the Minidoka National Forest by proclamation of Senate convenes. the_Presldent, sa1d lands to be thereafter subject to all laws affecting natwnal forests: East half of section 1, east half of section 12 north­ The PRESIDING OFFICER. The unanimous-consent agree- east quarter and south half of section 13, sections 24 25 and 36 town­ ment reads as follow. :· · ship 13 south, range 23 east ; section 17' east half of section 18 'north­ It is agreed, by unanimous consent, that at 1 o'clock p. m. on the east. quarter and south half of section 19, sections 20, 21, south'half of fourth calendar day upon which the Senate shall be in session after sectiOn_ 24, north~st quarter and south half of section 26, south half of sectlo~ 27, sections 28, 29, 30, and 31, township 12 south, range 24 January 1, 1922, the Senate will proceed to rthe consideration of Senate east, sectiOns 6, 7, 18, 19, 30, and 31, township 13 south range 24 east· resolution 17Z. declaring Truman H. Newberry to be a duly elected south half of section 19, township 12 outh range 25' east and west Senator from the State of Michigan, etc. hal! of secti<.m 20. township 13 south, rang~ 25 east Boise meridian That agreement has not been modified by the Senate, and if I~~o : Pt·omded, That the inclusion of any of the afor~said lands in th~ M1mdoka ~orest shall not affect adversely any valid application or the Senate ~hould be in session to-morrow it would take entry pendmg at the date of the approval of this act. effect-- The bill was reported to the Senate without amendment or­ :\Ir. KING. l\Ir. Pre .~ ident-- The PRESIDING OFFICER. Does the Senator from Idaho dered to a third reading, read the third time, and passed. ' yield to the Senator from Utah? GEORGE EMERSON. l\fr. BORAH. I yield. Mr. KING. I had the same impression as that which has The bill (S. 726) for the relief of Geor""e Emerson was an- just been ex."})ressed by the Senator from Idaho, that, owing to nounced as next in order. "' the ileath of the late Senator Penrose, the Senate having merely ~r. ~ING. Mr. President, reserving tbe right to object, I met and immediately adjourned after the announcement of ~?hould hke to have an explanation of the bill from some Sena­ that event, that day would not be included as one of the cal­ tor who is familiar with it. endar days. The PRESIDING OFFICER. The Chair understands the ~ew BURsUM] :\Ir. KENYO~. Why is it not a calendar day? Senator from Mexico [l\fr. reported the bill. The Secretary Will read the bill. ~fl:. KING. I supp0sed that day would not be included. The .Assistant Secretary 1·ead the bill. ~fr. BORAH. Technically, of course, it is a calendar day, and if that 'is the consh·uction which is placed upon the agreement Mr. KING. Mr. President, I notice that the letter of the no one can really object, because it was undoubtedly technically S~cr~tar_y of W~r, _I~rinted in connection with the report on the a calendar day, notwithstanding the fact that we almost imme­ bill, m~1cates ha~ihty and negligence, and shall therefore feel diately adjourned; but I know there was an understanding of constramed to obJect to the consideration of the bill. some kind that the debate would not begin until 1 o'clock on The PRESIDING OFFICER. The Senator from Utah ob- Saturday; and I think I can accommodate myself to that situa­ jects, and the bill will go over. - tion: RELIEF OF DISTRESS lN RUSSIA. ::.\lr. WALSH of ::.\lontana. )lr. Pre ident, before this matter Afr. DIAL. Mr. President, as a member of the Committee on is finally concluded I desire to present a parliamentary inquiry. Commerce, I should not want it understood that I agree with A question has arisen concerning the construction of the last the _policy of the Shipping Board as expressed awhile ago by the part of the unanimous-consent agreement which reads: seruor Senator from Utah [Mr. SMOOT]. And, further, unless thus disposed of prior to the hour of 12 o'clock m. on the sixth calendar day on which the Senate is in se sion after M! recollection is that there are some 1,400 steel ships be­ January 1, 1922, that from and after such day and hour no Senator longmg to the Government under the control of the Shipping shall speak for a longer period than one hour on said Senate resolu­ Board and that there are now in operation about 382 of those tion 172 or upon any amendment or substitute offered thereto or any motion that mny be made in connection therewith. ships, leaving in the neighborhood of a thousand or more tied up and idle. It seems to me when the Government appropriates I de ire to inquire whether that is to be interpreted a mean­ $20,000,000 to send food to Russia that Government-owned ves­ ing that a Senator may r::peak one hour upon the resolution sels could be used. However, from what the senior Senator offered by the Senator from "jfissouri [1\fr. SPENCER], one hour from Utah has stated, as coming from the chairman of the Ship­ upon the substitute therefor offered by myself, and one hour ping Board, it appears that the ships under the control of that upon any motion that may be addressed to either of them, or board are not in condition to be used. It occurs to me 1\Ir. whether the aggregate time allotted each Senator is to be one President, that it is a very great indictment against th~ effi­ hour upon whatever matter is before the Senate? 'J.1he subject ciency of the Shipping Board that with hundreds of ships tied had very cursory attention at the time the unanimous-consent up there are not enough which can be put into condition for agreement was entereti into. As will appear from page 8166 operation to carry to Russia the grain authorized to be carried of the Co~GRESSIONAL REpORD of November 23, 1921, the pro­ by the Congress. It is a very poor advertisement to the world posal as fir t drafted contemplated that each Senator should be of the condition of those ships. limited to 30 minute . Referring to that draft the Senator Furthermore, Mr. President, I am not in sympathy at all with from Alabama r;\Ir. HEFLIN] . aid: the policy of that board. It is true that under the Jones Act I wish to know if the Senate understands that a Senator may speak they were to encourage private shipping, but I do not think 30 minutes upon rhe resolution itself and then 30 minutes upon the re olution of the Senator from Montana ·[Mr. WALSH] or any amend­ Congress understood that they were to go so far that the Gov­ ment that may be offered. ernment ships were to be tied up and remain idle, and allow the Mr. SPE~CER. That is the understanding of those who drew the pro­ cargoes to go to privately owned ships altogether. That, how­ posed unanimou -consent agreement. ever, seems to be the policy adopted by the present board. me:~t'.· IliBfO:-

.:Mr. DIAL. r am not urprise, not have to ask for it. They have a subsidy al.rea.dy given in and passed. letting the Government ships remain idle, and giving them a BILLS PASSED OVER. subsidy, as the S€Ilator states, in advanced freight rates. The bill (H. R. 4598) to provide for the exchange of Govern­ Mr. President, the time "\vill soon come, no doubt, when this ment lands for privately owned lands in the Territory of Hawai.l wh6le matter will be up before the Senate, and then we shall was announced as next in order. nave a good deal of information that perhaps the S€Ilate does 1\Ir. KING. 1\Ir. President, I should like to inquire· - not ha-ve and of which the public is also ignorant; but, for one :J\1r. McNARY. Let the bill go over. Member, I think that the expenses of the Shipping Board should The PRESIDING OFFICER. The bill will-be passed over. be cut and the ships .should be operated in every practical way. The bill ( S. 2774) to amend an act entitled "An act to amend SHOOTING GROUNDS .AND GAME REFUGES. an aet entitled 'An act for making further and more effectual The bill (S. 1452) providing for establishing shooting grounds provision for the national defense, and for other purposes,' ap­ for the public, ior establishing game refuges and breeding .Proved June 3, 1916, and to establish military justice," ap­ grounds, for protecting migratory birds, and requiring a Federal proved June 4, 1920, was announcea as next in order. license to hunt them, was announced as next in order. Mr. KING. Let the bill be read, 1\Ir. President. The PRESIDING OFFICER. The Ohair will ask that this Tl1e PRESIDING OFFICER. The Secretary will rea

purpo;;;e , .. appro.ved May 28, 189G (2_9 Stat~., pp. 146-181?), is hereby [ Senator will see many controversies might arise in respect to amebded by addwg at the end of . a1d sechon the followmg proVIsos, th t . tt H ' f d th · · t l ti u ? to wit: ·' l'rot:ided fut·the,·, ThaL the accounts of the United Staes com- a rna er. ow ar ?es e JO~ reso u on ~o. missioner;· shall be renuered quarterly under such regulations as the l\.fr. SMOOT. It provides that lD such cases as the Senator Attorney Oenernl may pre~cribe: A11d pt·pvided turthel', That no pay- has cited it shall not apply, unless they were unavoidably de­ ment. shall be made fr.on~ the Treasury m settlement of any acc~m~t of layed · in other words if a man was in F1·ance anuGen Persh- a Umted ~tatP..s comm1sswner for fees earned by any such commiSSIOner . ' • . . • • subsequent to the date of the approval of this act which is not rendered mg had passed upon h1s promotiOn, and it· had to come ~ere to I.Jy .him within on year from the expiration of the quarter covered Washington, and on account of the armistice the cessation of thereby." hostilities, and orders issued in pursuance th~reo f, the commis- The bill wa ~ reported to the Senate without amendment, sions were withheld, then the commissions shall be issued to ordered to be engro ed for a tllird reading, read the third time, · such persons, but in no other c~se. It is limited to cases like and pa sed. that, a· t11e Senator wi)l. see by reading the bill. Mr. KING. How many will be affected by the joint resolu­ JIHLITARY RI.:CORD FOR PKUSONS REPORTING FOR MILIT.;\RY DUTY, tion? The joint resolution ( S. J. Res. 28) to provide for appropriate l\fr. SMOOT. I can not state just the number, but there will military records for persons who, pursuant to orders, reported not be very many under that paragraph of the joint I'esolution. for military duty but whose induction or commission into the The Senator has asked as· to those who were inducted into the service wa not, through no fault of their own fo.rmally com­ service through the draft. He will notice al o that in section 3 pleted on or prior to No\'ember 11, 1918, and for other pur­ it provides that the commission shall issue if the recommenda­ poses, wa ;mnouncell as next in order, an(} wa ·· read, as tion has been "duly approved by the Secretary of War or by follows: the commanding general American Expeditionary Forces, as the Resolved, etc., That the Secretary of War be, and be js hereby, case may be, and who shall have been unable to receive and authorized to carry upon the records of the War Department as though accept uch commission by reason of his death in line of duty.'' he bad been uuly inducted into the service of tbe United State .any ·registrant under the selective service law and regulations who applied I think there are not more than a dozen cases where the com­ for voluntai'Y induction into the service and was accepted, and who, mission had been agreed upon · and. actually issued by the War pursuant to competent orders, reported for active duty as a oldier, but Department here, and was on its way, but the officer was killed whose induction into t.he service, through no fault of bi own, was not fot·mally complete(] on or prior to November 11, 1918 ; and the name of before the arrival of the commission and never received it. It any such per. on shall, under this act and i·egulations to IJe ·prescribed takes in about a dozen such cases, and I thought it wa pretty by the Secretary of War, be so carried upon the record of the War De­ 'veil guarded; but if the Senator desir~. to have it go over, that pat·tment, and any such person shall be deemed to have been a soldier will be agreeable to me. · and shall be I'egarded as such from and after the date on which, pur­ suant to competent orders, he reported for active duty as a soldier, to Mr. KING. Let me inquire as to section 4, which reads: such extent as to entitle rum to receive the regular pay and allowances That the President be, and be is hereby, authorized to issul' an ap­ of an enli ted man for the period of his actual military . ervice and to propriate commi sion to any person who, on or before November 11. a discharge from the service as of the date of the termination of such 1918, performed the service of a commissioned officer of the United ~ ervice: P·1·ovided, That such persons shall not be entitled to any bonus, 8tates Army under the promiSe of or agreement in good faith with proper gratuity, or clothing ot· travel allowance authot•ized by law for enU ted authority that a commission would in due time be i sue<.l to him. men upon di charge from the . ervice. SEC. 2. 'l'hat the President be. and he is hereby, authorized to issue And so forth. an appropriate commi ion in. the name of any person who, while in the military ervice of the Un.ted States during the war between the Who would be the proper authority to make uch a promise? United State and Germany and Austria-Hungary, had been duly ap­ Under what circumstances could a promise be made which ought pointed to a commi sioned grade, and, through no fault of hi own, to bind the Government? was unable to accept ·uch commLsion by reason of his death in line of duty ; and any such commis."ion shall issue as of th.e date of such ap­ )Jr. SMOOT. The Secretary of War, or Gen. Pershing in pointment, and after such appointment any such per on's name shall be case it was in Europe. I do not think there is any doubt us to carried upon the records of the War Department as of the grade and that. Then, if the Senator will read on, he will find that it branch of the . en-ice to which he would have been promoted by uch provides : commi · ion. •'Ec. 3. That the President be, and he is hereby, authorized lo issue By reason of unavoidable delay, tbe signing of the armi tice. the an appropriate commis ion in the name of any person who, while in cessation of hostilities, and orders issued in consequence thereof. . the military :ervice of the United States during the war between the United States and GPrmany and Austria-Hungary, may have been offi­ That is the only case covered. I can not state how many cially recommended for promotion to a commi sione<.l grade, which rec­ there are, but I can not belie\e the·e are very ma11y of them. ommendation ball have been uuly approved by the Secertary of War, l\Ir. KING. It seems to me that there ought to be a geneml or by t.he commanding general American Expeditionary Forces, a . the case may be, and who shall have been unable to receive and accept such statute whicll woulu reach cases of this character. Certainly commission by reason of his death in line of duty; and any such com­ during the Civil War, when we had so many hundreds of thou­ mission shall i sue as or the date of uch approval, and thereafter any sand of men in the service, conditions arose imilar to tbe con­ such per on·. name . hall be carried upon the records of thP War Depart­ ment as of the grade and branch of the ervice to which be would have ditions indicated here. Does ~e Senator ~"now whether there been promoted by such eommission. was then any general or special tutute to permit commission SEc. 4. That the Presjdent be, and he is hereby, authorized to issue to be granted under conditions analogous to thMe indicateery much in ympatlty with lhe general agreement ; and any such commission shall issue as of the date of the purpose of the joint resolution. I will ask my colleague to let it commencement of such service and in such grade and branch of the service a . promised or agreed upon ; nnd any such person's name sball go over until the next calendar tlay so that we may examine it be carried upon the records of the War Department as of the grade and further. branch or the service shown in such commission. lli. ·sMOOT. I have no objection to its going o\er. SEc. 5. 'rhat no person shall be entitled to receive any bonus, g~·atuity pay, or allowances by virtue of any commis ion issued under The PRESIDING OFFICER. The joint re olution will he sections '2, 3, or 4 of this act. pas eu over. Mr. KL. ·o. :\Jr. President, this is a very important mea. ure. BILLS PASSED OVER. I do not want to object, but befoi·e con~enting to its con idera­ The bill (H. R. 2556) to advance Capt. BenJamin S. Berry tion I should like to have a very brieJ ~x:planation made. It to the permanent rank of major was announced ns next in eems to me that there are too few limitations in the joint reso­ order. lution. If it i's merely for the purpose"' of reaching the four or l\lr. KING. Let that go over. five hundred, or po. ·lJ?l:r thousand, young_·men who reported just The PRESIDING OFFICER. The bill will be pas ell over. prior to the armistice, and who had, tQ ~ intents and purposes, Tile bill (H. R. 1460) for the relief of the William Gorclon entered into the military ervice, but whose entrance had not Corporation was announced as next in Ol'der. been officially recognized here in Washington, and the mea ure Mr. KING. Let that go O\er. is one to validate their services, I can ee no objection; but it Tlie PRESIDING OFFICER. The bill will he passe

. · J.IARKING OF ANCHORAGE GROUNDS. of the officers. They agreed to do that, and . the price fixed The bill ( S. 2199} to provide for the marking of anchorage wa about $1 per day, or about 33 cents per meal. grotmds in watei.~s of the United States was considered as in rhese officers 'vere often ordered from the camp secretly and Committee of the· Whole and ·was read, as follows: they did not ha\e an opportunity to pay their bills, and there Be it enacted, etc., That· hereafter the Commissioner of Lighthouses ":a. a lo ·s occasione:ale in the Trea ury of the United States as a miscellaneous receipt. were returned wilh a notation that the officers could not be The bill wus reported to the Senate without amendment, or­ found. dered to a third reading, read the third time, and pas. ed. Mr. S~IOOT.' I would like to have a li t of the officers who have jumpes customhouse wharf at 1\lr. S~IOO'l'. The~- could not be very small, because the Charleston, ::;. C., be, and the same is hereby, transferred from the cus­ amount i .;'10,753.41. I ask that the bill may go over and I tody and control of the Trea ury Department to that of the War De­ partment, and that all branches of the public service now using aid will talk to the Senate about it. There are a number of things wharf shall be permitted to continue their use of the same. in the items enumerate

The Assistant Secretary proceeded to read the report (No. amount per bushel on every bushel they produced over 6 bushels 367). to create a guaranty fund to make good for those who lost by Mr. SMOOT. I have just glanced hurriedly over the report, reason of crop failure or who had less than 5 bushels per acre; and I will say that it shows the object of the joint resolution which was considered a crop failure under the act. I hnve a iS as stated by my colleague. So far as I am concerned I have report now from the Farm Loan Board that there is in that iio objection to its present consideration and passage. fund some $246,000 and these claims amount to about $68,000. The Senate, as in Committee of the Whole, proceeded to con­ Mr. SMOOT. That would leave $178,000 in the fund? sider the joint resolution, and it was read, as follows: 1\ir. CURTIS. Yes. Resolved, etc., That none of the provisions contained in section 2 l\Ir. KING. What would become of the residue? of the act of May 18, 1917 (40 Stat., 77), or in section 4 of the act 1\Ir. CURTIS. That goes ·back into the Treasury. These are of June 15, 1917 ( 40 Stat., 217), or in any other act or joint resolu­ tion of Congress, or in any proclamation heretofore issued by the all the claims and they have not been settled because the depart· President, or in any proclamation of peace that may hereafter be issued ment bad asked for the legislation. It is not right to compel by the President, shall be construed as terminating the military or these people to pay when there was a positive provision or naval status of any person who, having been drafted or having volun­ tarily enlisted for the period of the emergency due to the World War agreement in the legislation that less than 5 bushels per acre in the military or naval service of the United States, or having been should be considered a failure of the crop. commissioned as an officer for the period of said emergency in the mili­ 1\Ir. KING. The Government will be out nothing except the tary or naval forces of the United States, thereafter deserted such military or naval service; or as terminating before the expiration of interest on the advances which it made? three years after the date of the President's proclamation of peace as Mr. CURTIS. That is all. required by section 4 of the act of June 15, 1917 ( 40 Stat., 217), ex­ Mr. KING. And this $170,000 will compensate the Govern­ clusive of all periods of absence from the jurisdiction of the United States, the amenability to prosecution and trial of any person who ment for losses which it sustained because of being deprived willfully failed or refused to comply with any of the requirements of of its money for so long a period? the act of May 18, 1917, entitled "An act to authorize the President l\Ir. CURTIS. I do not think the Government lost anything. to increase temporarily the Military Establishment of the United States," or of said act as amended, or with regulations promulgated l\Ir. KING. It lost the interest on the money loaned. by the President pursuant thereto. l\Ir. SMOOT. I do not think all of those who had failures The joint resolution was reported to the Senate without have paid. amendment, ordered to be engrossed for a third reading, read l\Ir. CURTIS. Not all of them. l\1any were relieved, but the third time, and passed. counting out those who were relieved there is still in the fun•l $246,000, paid in as I have explained. CROP-FAILURE LOANS. Mr. SMOOT. That is, paid into the guaranty fund? The bill (S. 2023) defining the crop failure in the production ~Ir. CURTIS. Yes. of wheat, rye, or oats by tho e who borrowed money from the l\1r. SMOOT. I think those payments have not been made as Government of the United States for the purchase of wheat, rye, yet, but those who did pay back and thus made up the guaranty or oats for seed, and for other purposes, was considered as in fund of $246,000 should have been relieved. Many of them have Committee of the Whole and was read, as follows : not paid and of course still owe the Government. However, Be it enacted, etc., That a yield of 5 bushels or less pet· ncre of that cuts no figure in this case because, as I understand .it, in wheat, rye, or oats on lands owned by those in the drought-stricken regions who borrowed money from the Government of the United States every case their crops were so small that they constituted a for the purchase of wheat, rye, or oats for seed be, and the same is failure. hereby, declared to be a failure, and the borrower whose yield was 5 bushels or less per acre be, and he is hereby, released from repayment l\Ir. CURTIS. Yes; and they should not have been required of the amount borrowed by him from the Government: ProtJi.ded, That to pay. nothing herein shall 1elease the borrower who signed a guaranty-fund The bill was reporte

The bill (S. ~719) to reimburse certain persons for loss of City. There, according to the affidavit of his sister, broken in private fuml " ·JJile Lbey were patients at the United States health, · at 17 years of age, being a veteran of three years' naval hospital, naval operating base, Hampton Roads, Va., service, he was confined to his home for over a year. When was announced as next in order. he recovered, the war was over and therefore he did not return l\Ir. S~I OOT . Let tbe bill be read. to his regiment. He is now a man 78 years of age, broken in The .A ssisL1.nt Secretary read the bill. health. His family and children are exceedingly anxious that Mr. S:\IOOT. ~Ir. President, I should like to have the bill before he dies his record in the service of his country may be go over. cleared. The PRESIDI~G OFFICER The bill will be passed over. It seems to me that a ma n who, beginning as a boy of 14 years,

:;')lASONIC MCT UAL RELIEF ASSOC I A\l'IO .~: . served three years and a half with combat troops in the Civil War, who was wounded in battle, should certainly now at 78 The bill (H. R. 6380) to amend an act entitled "An act to years of age, in the last days of his life, be accorded this con­ incorporate the ::\lasonic ::\Iutual Relief Association of the Dis­ sideration at the hands of the Go>ernment. trict of Colmnbia," approved l\larch 3, 1869, as amended, was There being no objection, the Senate, as in Committee of the considered as in Committee of the Whole. Whole, proceeded to consider the bill. It proposes that in the The bill wa read, as follows: administration of any laws conferring rights, privileges, and Be it enacted, etc., That seetions 2, 3, and 5 of an act entitled "An act to incorporate the :llasonic :llutual Relief Association of the District benefits upon honorably discharged soldiers, Philip A. Hertz, of Columbia," approved March 3, 1869, as amended, be amended to late of Company H, Sixty-first Regiment New York Volunteer r ead as follows : Infantry, shall hereafter be held and considered to have been "SEc. 2. That membership in this association shall be limited to master Masons, and that the business and objects of the society or dischru·ged honorably from the military service of the United corporation shall be to provide, maintain. and disburse a fund for the States as a member of said company and regiment on the 18th benefit. of the members, their wives, widows, children, orphans, de­ day of July, 1864, but that no bounty, pay, or allowance shall pendents, heirs, assignees, legatees, or beneficiaries, and for this purpose it shall and may be lawful for the said ociety or corporation to make be held to have accrued prior to the enactment of the act. all and every insurance appertaining to or connected with life or dis­ The bill was reported to the Senate without amendment, ability risks of whatever kind and nature; and, in addition thereto, to ordered to be engrossed for a third reading, r~ad the third time, provide, maintain, and disburse a fund for owning, establishing, main­ and passed. taining, and operating homes, hospitals, sanitariums, and any other aid or service for its members, master Masons, their wives, widows, chil­ RURAL HOMES. dren, orphans, dependents, or beneficiaries; and because of its fraternal organization and benevolent purposes it shall be defined and classed as l\Ir. Sl\.IOOT. I ask unanimous consent that the Senate a fraternal beneficial society: P1·ov ided, 1wweve1·, That upon all con­ proceed to the consideration of the bill ( S. 491) to provide, tracts of insurance it shall maintain a reserve fund adequate to meet without expenditure of Federal funds, the opportunities of the all liabilities thereon, and which in case of life risks shall be not less than that computed upon the American experience table of mortality at people to acquire rural homes, and for other purposes. 4 per cent interest. There being no objection, the Senate, as in Committee of the "SEC. 3. That the number of directors of said association shall be Whole, proceeded to consider the bill, which was read as at least 21, a number of whom, less than a majority, hall be elected annually by the members of the association from among themselves and follows: hall serve for three years. In all cases of a tie vote the choice to be determined by lot, and in all other cases a plurality vote shall Be it enacted, etc., That tile Secretary of the Interior, through the decide . . That the annual meeting of said association shall be .held on Reclamation Service, is authorized to investiga.te and determine the the third Tuesday in February of each year, and said directors shall at feasibility of developing tracts of land in private ownership, by reclama­ 1 tion and otherwise, for the purpose of subdividing the land and dispos­ their first meeting succeeding the annual meeting of the association, ing of the same in farms and parcels at reasonable prices. elect one ot their number to be president of the board of directors, who s·Ec. 2. That after the Secretary of the Interior has determined the shall also be president of the association, and shall elect one of their feasibility of a project, he is authorized, through the Reclamation number as vice president, and one of their number or a member of the Service, to develop the land to such extent and dispose of the same in association as secretary of the association, and the said secretary of farms and parcels in such manner and upon such terms as to him shall the association shall give bond with surety to said association in such be deemed most feasible and practicable. sum as the board of directors may require for the faithful discharge o:f SEc. 3. That no moneys of the United States shall be expended for his duties ; and one ot their number as treasurer, who shall also give any of the purposes of this act, nor shall either the investigation or bond with surety to said association in such sum as the said board ot development of any project be commenced or any obligation incurred directors may require for the faithful discharge of his trust. At all therefor until a contract shall have first been made by the Secretary meetings of the board of directors 12 members of the board shall form of the Interior with the owner or owners of the land, or a district or a quorum. .In ca e o:f any yacancy in the board of directors by de:rth, other organization representing such owners, providing for the payment resignation, or otherwise, such vacancy· shall be filled by the remaining in advance to the United States of su1Hcient moneys to meet the esti­ directors from among the members of said association for the remainder mated cost, and thereafter of sufficient moneys to meet the actual cost of the unexpired term. of such investigation or development, and no expense shall be incurred "SEC 5. That the said board of directors may be increased from by the Government in excess of moneys already advanced. All time time to "time to a number not exceeding the number· of grand lodges of given by any officer or employee of the United States on account of any Masons in the United States, and the said board shall be capable of such contract shall be charged against such contract. The moneys pro­ taking and holding the funds, property, and effects of said corporations, vided by every such contract shall be deposited in the Treasury of the which funds, property, or effects shall fore>er be devoted to the pur­ United States as a trust fund, and shall be disbursed by a duly au­ pose mentioned in section 2 hereof." thorized fiscal officer of the Government under the direction of the Sec­ The bill was reported to the Senate without amendment, retary of the Interior and in accordance with the terms of such conh·act. SEC. 4 . . That every contract for development of a project shall pro­ ordered to a third reading, read the third time, and passed. vide among other things, that the developed farms and parcels shall be INDUS'l'RI.AL DEPRESSION AND UNEMPLOYl\.IENT. sold' to persons who desire to occupy the same as homes at the actual cost of the land and the development thereof plus a definite reasonable The bill (S. 2749) to prepare for future cyclical periods of profit to the owner or owners stated in adva-nce therein. If any land­ owner shall, in any such contract, reserve from disposal hereunder a depression and unemployment by systems of public works, farm or parcel of his lands for his own home, the same shall be subject was announced as next in order. to the payment of such construction charge as may be equitably appor­ l\Ir. KING. That bill will take some time for discussion. tioned aga.inst it on account of the development of the project. All it contracts for the purchase of farms and parcels, and the proceeds Its object is meritorious, but I suggest that go over, so that therefrom, shall belong to the owner or owners of the land or their we may have a little further time to consider it. assigns. The PRESIDING OFFICER. The bill will go over. l\Ir. SMOOT. Mr. President, the provisions of this bill have PHILIP A. HERTZ. been discussed a number of times in the Senate. I am sure that Mr. CALDER. )1r. President, when the calendar was being if the bill passes the Senate and House of Repre entatives and called the junior Senator from Utah [1\.Ir. KING] suggested shall be signed by the President, it will be of great benefit to that the bill (S. 1542) · for the relief of Philip A. Hertz be every section of the country. I do not desire to take up any temporarily laid aside. I now ask unanimous consent that more of the time of the Senate in a discussion of the bill, for I that bill may be considered. do not think it is necessary that I shall do so. The PRESIDING OFFICER. The Senator from New York l\Ir. McNARY. Mr. President, the bill as I understand is in asks unanimous consent that the bill named by him, which was the form of a reclamation measure without requiring the use temporarily pa sed over, may be now considered. Is- there of any governmental funds? objection? Mr. SMOOT. That is the object of the bill. Mr. KING. Let the report on the bill be reacl. Mr. McNARY. It permits those who are interested in the Mr. CALDER. Mr. President, I can explain the bill. The irrigation or reclamation of lands to employ the services of the soldier who is to be the beneficiary of this bill at 14 years of engineering department of the Government? . age in 1861, enlisted as a drummer boy in a New York regi­ l\Ir. Sl\.IOOT. Yes; on privately owned lands. rne~t and served two years and a half. He then reenlisted as a Mr. McNARY. I have no objection to the bill; I think it is a veteran volunteer and served for about 15 months in the ranks very meritorious measure; but I wish to ask if the depa1·tment as a private soldier, carrying a musket. He was very badly has reported on the bill? wounded in the battle of Petersburg, and was sent to the hos­ l\Ir. SMOOT. Former Secretaries of the Interior Lane anu pital, where be remained about two months.. He w~s t~en given J'ohn Barton Payne reported in fa>or of the bi11, a. bas the a furlough to go home to his place of res1dence m l\ew York present Secretary, Mr. Fall. 828 CONGRESSIONAL RECORD-SEN.A _TE. JANUARY 5,

1\Ir. KING. :Mr. President, I shall not object to the considera~ would the engineers in the service at this time be able to take tion of the bill. I am not able, however, to share the views that care of this additional work plus all the private requests and are entertained by my esteemed friend, the senior Senator from demands that may be made upon them? .Utah [Mr. SMOOT] relative to the measure. I believe that the Mr. SMOOT. To my mind they would. At any rate, the only bill will not operate as my friend thinks it will. In my opinion result will be that wherever there is an individual application, it will impose great burdens upon the Government and will re­ if the Reclamation Service have not the help to take care of sult in heavy drafts being made upon the personnel of the it under the organization· they have to-day, they will hh·e an Reclamation Service. They will be called upon to engage in additional engineer, and he will investigate in behalf of the activities in behalf of private corporations and private land­ Government and make a report. owning enterprises, and to that extent they will be drawn away I wish to say, Mr. President, that there are to-uay pending from the work which they should perform for the Government. with the Director of the Reclamation Service applications for That will necessitate an enlargement of the personnel and add employment by the Government from some of the best engineers to the expenditures of the Government of the United States. in the United States. Mr. Davis not more than two months 1\Ir. SMOOT. The cost will be paid by the parties who receive ago told me that his bureau had a list of such engineers, and such services. that frequently when applications came in from private con­ 1\Ir. KING. Of course they will pay for the services which cerns in different parts of the country for experienced engineers · are rendered to them, but, as I suggested a moment ago, it is the Reclamation Service took great pleasure in recommending bound to increase the personnel of the service. It is obvious the name of some engineer who had made application to the that if the bill is to amount to anything and private persons Government and :whose name was on the list. shall avail themselves of its provisions drafts will be made upon Mr. McNARY. Mr. President, will the Senator yield for 'the personnel of the department, and as they go out to give their another question? technical and expert services to private individuals the Govern­ Mr. SMOOT. Certainly. ment will lose their services during that period, and if the Mr. McNARY. I assume the reason the Senator has for ask­ reclamation work is to go on the Government will be compelled ing the Government to fUrnish such engineers is on account of to emplo~ other engineers. But that is not the feature which their peculiar skill, but the inoney to pay for their services is to me is the most obnoxious. I believe that in the end it will to be paid by private parties. Is it not usual when it is desired put the Government morally behind all sorts of irrigation to investigate concerning private lands for the purpose of ascer­ projects conducted by private individuals. taining the feasibility of their reclamation by drainage or by :Mr. McNARY. 1\Ir. President, may I interrupt the Senator at the removal of stumps or what not to hire or employ private that point? engineers? Mr. KING. I yield. Mr. SMOOT. Yes, Mr. President; that is one reason why Mr. McNARY. What limitation does th~ Senator put upon private individuals can not finance such projects to-day. Some the expression " by reclamation and otherwise" 2 He is speak­ time ago I held a conference with Secretary Lane and a num­ ing now of irrigation. The bill by its terms, however, seems to ber of bankers of Chicago and New York interested 'in advanc­ include the drainage of swamp lands and the reclamation of ing money upon reclamation projects. cut-over lands-- - The Senator knows just as ·well qs I k;now what has· been the

1\Ir. SMOOT. It does. 'j "<~: •. histor-y of these projects in the past. Gell,erally the man who Mr. KING. That is true. has Started the project and raised the first money on it never Mr. McNARY. Which is a very large undertaking. In the gets anything out of it. In fact, he generally loses all that he South it is estimated that there are 200,000,000 acres of swamp puts in; and the record shows that the project is usually land, and there are 20,000,000 acres of irrigable land In the transferred to other parties two or three t1mes before it is West. I will ask the senior Senator from Utah if the bill would finally a success. What the men wa~t who in the past have include the improvement of the soil by fertilization-the reno­ ·put their money into these _projects _and are perfectly willing to vation and restoration of worn-out soils? do so in the future is the stamp of approval of the Government Mr. SMOOT. The bill includes all of the swamp lands and upon the project. Th.ey want to have it passed upon by a cut-over lands of the United States held in private ownership; Qovernment engineer and have tha·t stamp of ·approval placed but if the reclamation is to take place under the terms of the UDOn it. bill the parties owning the land will have to pay every dollar of Mr. McNARY. The Senator is speaking now, I as ·ume of the expense. private p~·ojects? ' I wish to say to my colleague that to-day I think there- are Mr. SMOOT. Private projects. very few reclamation projects being itlvestigated by the Irriga~ Mr. McNARY. Very slight losses llave been sustained by the tion Service, and it would be a godsend to that service and to Government projects. the men who are employed there if more work could be placed 1\Ir. SMOOT. I was spen.king of private projects, and I upon them. understood that the Senator referred to them. I know there are about three propositions ready to be taken Mr. McNARY. The Senator did not make that clear to me. up under this bill just as soon as it passes, two of the projects Mr. JONES of Washington. Mr. President, I should like to being ill California and one iu the Eastern States. I think also .ask the Senator a question. The Senator says that these com­ that there are two to be taken up in the Southern .States. I am ,pani~, banks, and· so on, want the stamp of approval of the sure that there are $15,000,000 at least ready to go into such Government engineers. Suppose that a Government engineer projects; but the land is under the control of individual owners, approves one of these projects and says it will cost $100,000 and under existing law they can not very well proceed with the and when they go to put it in they find that it costs $5oo,ooo: work of development. Will not these companies be likely to come to the Government I will assure the Senate that so far as any expense to the Gov­ and say, "Here; the Government engineer was either incom­ ernment of the United States is concerned that is the farthest petent or his judgment was not good, and by reason of our thought in my mind or in the minds-of those who prepared the relying upon it we have lost a lot of money. Now, then, you bill. I have talked to Mr. Davis, of the Reclamation Service, must make good "? time and time again. He is heartily in favor of the measure Mr. SMOOT. That question was discussed here before; and and he sees no trouble whatever in its administration. The late I will simply say that there is ilot a thing in the bill that Secretary of the Interior, Mr. Lane, was so enthusiastic about obligates the Government in any way, shape, or form. Any­ it that he referred to it in his annual report and called attention body who reads the bill can see that under its terms there can to what it meant to the Government and people of the United be no moral obligation whatever on the part of the Government States. I think it has also been referred to by the two Secre­ of the United States. taries of the Interior who have succeeded Mr. Lane. The only Mr. JONES of Washington. I do not think there woulU be object in the.world I have in pressing the legislation is that I any morar obligation; and yet the statem.ent of the Senator think it will reclaim lands that can not be reclaimed in any was that these people want the stamp of the Government's other way. approval, the approval of the Government's engineer . They Mr. l\IcNARY. The thought I have in that connection is have not confidence in private engineers. They want the ·ap­ that there is a heavy burden already placed upon the Reclama­ proval of the Government engineers. tion Service to care even 'for the feasible projects in the West Mr. SMOOT. Perhaps I went too far when I said "the ap­ which are known as irrigation projects. Has the Senator given proval of the Government's engineer," and yet it would be an thought to the probable enlargement of the work to be done by approval in the sense that it would express his opinion that the the Reclamation Service under bills now pending in Congress? project was likely to be a successful one. There is nothing in l\Ir. SMOOT. Certainly; and so has l\lr. Davis. the bill, however, to bind the Government of the United States Mr. McNARY. If some of the pending measures which would in any way, shape, or form. On the contrary, it specifically increase the work of the service should be pas ed by Congress, states that it shall not bind the Government of the United 1922. CONGR.ESSIONAL R.EOORD-SENATE. 829

State.·, an<.l that all of the expen es shall be paid by the pa1tie from Utah that while the general purpose of the bill may be all interested. right, I hould not want to see him press the bill to-day, as I l\lr. JONES of Washington. Is there a specific statement in want to discuss some of its features with the Reclamation Serv­ the bill that the Government does not guarantee and will not ice, with a view to formulating an enlarged plan to· be offered make good any representations made by its engin~l'S? for the consideration of Congress. Mr. SMOOT. No; there is no such statemlmt. Mr. SMOOT. Of course, I shall respect the wishes of the Mr. JONES of Washington. Does not the Senator think that Senator; but I am perfectly willing that he shall go down ;Q there really ought to be a positive statement of that kind? We the department and discuss the bill with the Secretary of ' th~ know-! think the Senator's experience in his State has been Interior, or Judge Finney, or l\fr. Davis, of the Reclamation the same that we haye had in ours-that the Government Sertice, or anyone else. engineers, in estimating the cost of reclamation projects, have l\Ir. McNARY. I appreciate that. I think there are two Qr fallen far short of reaching a correct estimate. As a matter three matters here that might be changed, and suggestions of­ or fac-t, while I do not criticize them for it-I think it was fered in the way of amendments. If we can just pass over the almost impossible to reach an exact estimate-yet I know of bill for the present, I will see these officials in a few days. projects in my State where the estimated cost was $40 an l\fr. SMOOT. I withdraw my request, Mr. President, for the acre, and it has cost over $100 an acre to reclaim the land. consideration of the bill. The settlers have to pay it. Suppose that had been a private The VICE PRESIDENT. The calendar is finished. project, and the Government engineer had estimated for these BETI:.RIDIENT OF WOUNDED ARMY OFFICEES. bankers that it would cost $40 an acre, and they had put in their money, and after it was put in it turned out that the l\Ir. BURSUM. 1\lr. President, I move that the Senate take cost was $100 or $110 an acre. While I do not think they would up for consideration Senate bill 1565, Order of Business 228. ha\e a moral claim upon the Government in a way, yet I can It is a bill with reference to relief for emergency officers. see their attorneys arotmd here, and all sort of pleas made to l\Ir. Sl\IOOT. Mr. President, I want to say to the Senator the Claims Committee and to the different committees of Con­ that that bill can not be passed to-night. gress showing the great hardship that had been brought upon l\Ir. BURSUl\1. Why not? them by the poor judgment and incapacity of the Government's Mr. SMOOT. Because I shall have a great deal to say about engineer. it if we are to take it up. .Mr. SMOOT. If the Senator will read section 3 of the bill, Mr. BURSUl\1. The bill has been on the calendar for four he will find that it answers what he says. . months. :\Ir. JONES of Washington. I haYe not bad time. The bill Mr. SMOOT. It has been here longer t11an that. . has just come up. Mr. KING. It will be here a good deal longer before the 1\Ir. SMOOT. Section 3 reads as follmvs: Senator gets it through the Senate. Mr. BURSUM. Well, let us have a vote on it. That no moneya of the United States shall be expended for any of the purposes of this act, nor shall either the investigation or develop­ The VICE PRESIDENT. The Secretary will state the title ment of any project be commenced or any obligation incurred therefor of the bill. _ until a contract shall have first been made by the Secretary of the The ASSISTANT SECRETARY. A bill (S. 1565) making eligible Interior with the owner or owners of the land, or a district or other organization representing such owners, providing for the payment in for retirement under the same conditions as now provided for advance to the United States of sufficient moneys to meet the estimated officers of the Regular Army all officers of the United States cost- Army during the World War who have incurred physical dis­ There i the e tim a ted co t- ability in line of duty. nn

MICHIGAN SENATORIAL ELECTION. Now I read from the Times: l\lr. HEFLIN. Mr. President, some time ago I called the at­ It was on the east side of the city, especially, that the DeniJy­ Newberry congressional fight waged the warmest. Blue and white tention of the Senate to the fact that in 1904 Truman H. New­ Newberry badges were much in evidence, while tbe old-time political berry was a candidate against the present Secretary of the workers were seen to be mostly lined up and doing active work for Navy for the Republican nomination for the lower House of him. Newberry himself was cut in a big automobile loaded with cigars, boxes of which were left for the benefit of the many of the , Congress. The Ne·w York World, editorially in speaking of that primary election boards. It is estimated that the workers stationed ·campaign; said: ~fs tg:h~ths will cost him $3,000 in payment for their time spent in Once before Truman II. Newberry sought political office at the hands of the Republican voters. He was a candidate in the primaries for the Republican nomination for Congress in 1904 agai,nst Edwin Denby, Mr. CARAWAY. May I ask if all of those are Republican . the present Secretary of the Navy, and at the time the Detroit news­ papers? ·.papers abounded in charges against him of making a boodle campaign. Mr. HEFLIN. I think they are. ··In 1904 and 1918 there was shown the same Newberry theory of politics. The only difference is that in 1904 he was beaten in the 1\Ir. CARAWAY. So· that is not Democratic propagantla primaries, while in 1918 be had a majority in a campaign where the against Senator Newberry. weight of money won. Mr. HEFLIN. No, Mr. President. I read these headlines Tile Senate as a body bas still to give its answer, not in the name merely. of a Republican majority interested in shielding a fellow from the Michigan papers to show that thi man's idea of Republican but as the sitting in judgment on politics is very low and immoral. I read them into this record Truman H. Newberry, of Michigan, whose promotion to the Senate cost for the purpose of having the Senate and the country know just $250,000 and who escaped imprisonment for corrupt practices only be­ cau~e of a decision of the United States Supreme Court turning on a what kind o"f a man the Republican administration is trying to technical point. · keep in this body, and just what kind of a man the Republican 1\Ir. President, some of the Senators on the other side, defend­ Senators are going to vote for when they do \ote to" sent Truman ing l\Ir. Newberry's course, and w}lo expect to vote to give him H. Newberry. voice and vote in this body, said that he was compelled to ex­ Senators can not come in with the charge that Newberry was pend this large sum of money; that Henry Ford was the justified in spending large sums of money because Fol'd spent candidate against him, and because Ford: was expending a money. They have withdrawn those charges. The committee great deal of money, he was compelled to expend a great deal. has not a scintilla of testimony to sustain such a charge. That charge will not hold water. A Republican Senate com­ Not only ha\e we shown by the testimony that this man had mittee itself acknowledges that those in charge of the Newberry expended over $200,000 tO' buy a seat in this body, but that he case have withdrawn all charges against Henry Ford of using undertook to buy a seat in the other branch o"f Congress in 1904, money lavishly in his campaign, so the charges are wiped out, 17 years ago. and there is not a scintilla of testimony to the effect that Ford So, Mr. President, the slimy trail of the boodle serpent i over used any money unlawfully in his campaign. this man's pathway from the. time he entered politics down to Senators urge that Mr. Newberry was forced to expend money the. day he bought a senatorial nomination in 1\lichigan. because of the situation I have described. I read this editorial Mr. KING. Mr. President-- in the New York World of January 1 to show that Truman H. The VICE PRESIDENT. Does the Senator from Alabama Newberry has been a boodle campaigner since he first entered yield to the Senator from Utah? politics in 1904. He was defeated by l\Ir. Denby, the present Mr. HEFLIN. I gladly yield to my friend. Secretary of the Navy, with whom I had the honor to serve in l\Ir. KL.'(G. Apropos of the suggestion that l\lr. Newberry was the House, and as far back as 1904 he made a boodle campaign compelled to pay large sums because Mr. Ford was a candidate, against Mr. Denby, the present Secretary of the Navy. Accord­ I call the attention of the Senator to the fact that Mr. Newberry ing to the newspapers of Michigan he sought to buy the con­ became a candidate long before the name of Mr. Ford was sug­ gressional nomination in 1904, and I want Senators on the other gested; that the great organization which was perfected by ~1r. side, when they come to discuss this case, to bear in mind the Newberry was perfected long before the name of Mr. Ford was facts I run now reciting·, and I am speaking to-day for that pur­ suggested as a candidate for . Senator; that Mr. Jolm S. New­ pose. I want tlrem to explain, if tkey can. just why they are berry's contribution, aggregating thousands of dollars, went into defending the title to a seat in this body of a man who under­ the Newberry campaign long before Mr. Ford's name was sug­ took when he first entered politics to buy a seat in the other gested as a candidate for the Senate; that, finally, when Mt·. branch of Congress. Ford's name was suggested as a possible candidate for the Sen­ Mr. JONES of New 1\Iexico. In referring to the expenditures ate, the record shows that neither Mr. King, the manager of Mr. by Mr. Ford, the Senator said there was no allegation here that Newberry, nor Mr. Newberry himself, regarded l\lr. Ford's he had spent money lavishly. I should like to ask the Senator candidacy with any apprehension. if there is any evidence in this record that he spent any money Their efforts were directed against Gov. Osborn, Mr. Streeter, at all? and one other candidate whose name just escapes me, all of l\1r. HEFLIN. None at all. whom were Republicans, because it was anticipated that those Mr. J01\'ES of New Mexico. My infot·mation is that it is men, or at least one of them, would possibly get the nomination. the fact that he not only did not spend money la\ishly but he Mr. Osborn was a man well known. He had been governor. l\tr. did not spend any. Warner had been a governor upon two occasions, and he was a l\1r. HEFLIN. He did not spend any at all. candidate. Mr. JONES of New Mexico. I thought that ought· to be Mr. HEFLIN. He was three times elected governor, I think. made clear, because the Senator used the word "lavishly," Mr. KING. These Republican candidates for the nomination which would rather infer that he had spent some. The word were the ones against whom the efforts of Mr. Newberry were "lavishly" being a relative term, I thought it ought to be primarily directed. Mr. Ford never excited the slightest fear in l>rought out that so far as this record shows, and so far as the minds of Mr. Newberry and his managers. , the information obtainable goes, he not only did not spend it Mr. HEFLIN. I thank my friend for his suggestion. He is lavishly but he did not spend any. entirely right. Mr. HEFLIN. I thank my friend for his suggestion. That Mr. SPENCER. l\Ir. President-- is the fact in the case. The VICE PRESIDENT. Does the Senator yield to the Sen­ The New York World roduced, in its issue of January 1, a tor from Missouri? headlines from Michigan papers of 1904, and I read them for Mr. HEFLIN. I. yield just for a brief interruption, because the purpose of placing them in the RECORD before Senators who I do not want to speak at length. are going to dare defend this man,.s title to a seat in this body. 1\fr. SPENCER. I do not know that the Senator cares to Here is a big headline : know, but the l}aper from which he has read as a Republican [Evening News, Saturday, Oct. 15, 1904.] paper is n Democratic paper, in whose estimation no epithet is The barrel is now wide open. too low if it is applied to a Republican. That is on n par with Who wins, Denby without money or Newberry with it? many of the other statements which have been made, but so far Reported that some well-known political workers have changed as the accuracy of that one is concerned, the Senator is entirely hearts recently. Coin plenty. nru taken. I wish Senators would remember that. Mr. HEFLIN. Does the Senator say the Detroit Times is not [Detroit Evening News, Oct. 14, 1904.] a Republican paper? Barrel opened. Mr. SPENCER. The Senator was reading from the Detroit It is said Newberry's campaign is to boom by it. It is being freely talked in political circles that some one has opened News, was he not? d big barrel at both ends in the interest or Truman H. Newberry's Mr. HEFLIN. J was reading from botll. Which one is the candidacy for Congress, and many are beginning to wonder how to Republican paper? . get close to it. i.:; N~ws. It is said that Ntwberry's friends expect to get many in line b&· 1\Ir. SPENCER. The Democratic paper the Detroit twe('n now and Monday, and that things will loosen up generally. Mr. HEFLIN. Which one is the Republican paper? ~L EEOORD-:SENATE. 1922.\ 8311

~lr. SPENCER. The Detroit ~ ew-· is the one I heard the ~ Mr. SMOOT. The Senator can get away from the statement . enator read from. _ -that the Senator from Alabama made that the Detroit News ·is ~lr. HEFLIN. I read from tile 'Detroit Times also. a Republican paper. Mr. SPENCER. Is the Detroit Times a Republican paper? Mr. HEFLIN. I said I thougllt it was. :ur. HEFLIN. I think so. I do not know about either one .Mr. "SMOOT. Oh, the s~nator thinks almost everything that of them. • will in any way, shape, or form cast a reflection upon l\Ir. ::\fr. SMOOT. It is an independent paper. Newberry. Mr. SPENCER. I understood the Senator to say· they were ' Mr. HIDFLIN. Not at all. Republican. Mr. HARRISON. Mr. President, will the Senator yield? • Mr. HEFLIN. I said I thought they were. .Mr. HEFLIN. In just a moment. -I would be this \Yay Mr. SMOOT. They are not. against a Democrat under similar circumstances. A Democrat ::\Ir. HEFLIN. Whether they were ;Democratic papers or Re- was turned out of this Chamber a few years ago, and I indorsed publican ·papers, 1 am making the point that in 1904 this man's it. A Republican was turned out a little later, and I indorsed conduct was such in a Republican primary that the papers in that. I try to be an .American patriot above any and e\"ery his State cried out against it and denounced it as a boodle thing el e, and I am .going to din this into -senators' ears until campaign. I do not care whether they were nemocratic 'Papers the final Yote is cast. ~ know they do not like to hear it; I or Republican papers, it shows just what this man's Jdea of am ure of that. politics was, and how .he was willing to achieve office, how They just get up and un:aertake to brush aside the pro}JOBi­ he was willing to promot~ and satisfy his ambition by under- tion that Newberry sought 'to buy a seat in Congress in 1904. The taking to bt:~Y the Republican nomination, and these papers say newspapers of Michigan started it, and nobody has ever denied it that he opened the barrel at .both ends and that his friends that I know anything about. Yet the Senator from Utah get up expected to have many changes o\er to him in a Vei'Y short and says, "Does the ·Senator from Alabama ·believe everything time. That.meant changes from Denby to Newberry because he reads "in the newspapers?" I am making a specific ·charge of ~ 'e,\"berry's money. from newspapers published in Uichigan, whether they be nemo- .i ~Ow, a moment in regard to ex-GoY. Osborn. l\Ir. New· cratic or Republican. Does anybody think they would have come berry's letters to Paul King for weeks never referred to Ford. · out and taken ·sides with Denby, a Republican, against ~ ~ew­ 'rhey were leveled entirely at ex-Gov. ·Osborn. E:x:-Gov. Osborn berry, another ·Republican, unless they had something to base was the man he was afraid of in the primary, a Republican the story upon? If they were Democratic papers, why should ex-governor of his own State, and Henry Ford was not thought they be against Newberry and in favor of Denby, both Repub­ of. He even wrote Paul King that he knew that Osborn's finan~ licans, unless 'they were trying to help nominate an honest cial condition was bad, and that his funds were about ex- man and one who did not belie\e in the buying of seat · in hau ted, or words to that effect. It was Osborn, not Ford, he Congress? They are to be commended for the -stand they took. was afraid of, and all this stuff which Senators are undertaking I yield now to my friend from Mississippi. to inject into this fight in favor of the man who bought th.is l\Ir. HARRISON. If I understood the Senator from Utah, he s at in this body is all poppycock. It is utterly ridiculous. said the Detroit .rrews is a Democratic newspaper. Instead of my good friend, the Senator from Missouri, saying -Mr. SMOOT. I did. that this is a Republican paper or that a Democratic paper, I 1\fr. HARRISON. The Detroit News is a great progres ~ ive, want him to deny whether these statements are true or not. independent newspaper, the largest in the ·State of Michigan. Did Truman H. Newberry undertake to buy the nomination for The editor is a 1\fr. Pipp, who is a 'Republican or Progre.·siYe Congress again, t Mr. Denby in 1904? I have referred to this leader, and was succeeded by a lHr. Miller, who has supported matter before. I ask the Senator, did Newberry in 1904 under- the Republican ticket ana was a -great follower of Theodore take to secure his nomination by the lavish use of money in a Roosevelt. 1wimary against 1\Ir. Denby, the present Secretafy of the Navy? l\Ir. SMOOT. A good many Democratic newspapers ·up- :'llr. SPENCER. I am absolutely safe in denying it in toto, ported , and the Senator knows very well and the Senator from Alabama is also mistaken in saying that that the Detroit News has fought the 'Republican Party in the the Times is a Republican paper. Every statement the Senator State of Michigan for years and years. has made that I haye heard is based upon a mistake. ~Ir. HARRISON. Jt ought to have fought it for year · and ~lr. HEFLIN. Mr. President, my good friend impres es me years, because it is a pro.ouressive, independent newspaper. t!Jat he does not know anything about what he said to me. How l\1r. SMOOT. No; it is not a progressive, independent ne\Ys­ tlid he get this information? He has not talked to anybody paper. It is a Democratic paper. The Times is upposed to be from Michigan. He has talked only to the Senator from Utah ·a progres iv~. independent newspaper. [::\fr. S:lfOOT] and one or two others over there. 1\Ir. HARRISON. The Democratic Party will welcome it into ~lr. SMOOT. Mr. President-- The- VICE PRESIDENT. Does the Senator from • labuma its fold all right, like a great many others that on.ce supported the .Republican ticket. They are coming over all -the time. :yield to the Senator from Utah? 1\lr. Sl\IOOT. I will say to the Senator from Mississippi that ~r. HEFLIN. I yield. I never expected to say a word with reference to this matter ~Ir. SMOOT. The Senator from Utah has talked to someqody until the Senator from Alabama referred to the Senator from from l\lichigan. The Senator from Utah did not ay anything to the Senator from Missouri [l\Ir. SPENCER] at all that he did Utah. not know to be correct. I am surprised that a Senator of the :Mr. HEFLIN. ·The Senator ,from Alabama did not refer to United States should stand upon the :floor of the Senate day the Senator from Utah until he hear·d the Senator from Utah after day and condemn a man on account of what appears in whispering loudly. to the Senator 'from Missouri. newspapers. What would the Senator fl:om Alabama do if the l\Ir. SMOOT. I was telling the Senator from Missouri just American people wei·e to judge him by what the newspapers e:x:a.ctly what is the fact. said of him? ::\lr. SPEKCER. Mr. President, by courtesy of the Senator )1r. HEFLIN. I would get up here and denounce them if :fl:om .-Uabama, may I ask the Senator from Mississippi whether they said untruthful things about me. I would denounce them he does not know at least, whatever be may think~ politics as I have done once or twice. Why do you not denounce these O'f the Detroit News is, that from the beginning of the cam­ things, those of you who are going to support 1\Ir. Newberry·? p~un of 1918 until its close it was bitter and vindictive and ::\lr. Sl\IOOT. There would not be anything else done in this ·vicious in its opposition to Truman H. Newberry? body if we all spoke as often as the S.enator from Alabama. So 1\lr. HARRISON. Of cour e, and the fair-minded and hone~ t far as I am concerned, I have not given any time 01; attention to and just Repuhlicans throughout the State were against Truman thi matter, and I do not know 'exa-ctly wliat ·the Senator has lH. rrewberry, and a jury of Republicans impaneled in the State said in relation to it. I llav'e oeen attending important com- of l\lichigan were against him. mittee meetings; I have been compelled to attend them; ·but I ::\Jr. SPENCER. How then, -if that be true, does the Senator haYe dropped into the Senate Chamber "Often enotigh to hear the from Mississippi account for the fact that in the election, the Senator repeat and repeat ihe same ·old story based upon news- fairness of which is not even_questione4 in this body, the junior paper reports. Does the Senator think : would ever ha-ve had Senator from Michigan, ~ir. Newberry, received such a large a seat in this body -if Senators had acteil upon newspaper re- majoTity in that 'State? . ports? Ur. HARRISON. That is what we are trying him here for; l\Ir. HEFLIN. Oh, l\lr. President, the Senator fl'om Utah we are tryin.g him for corrupting the electorate of that ,_tate. can not get away from the things that I am reading from 1\Iichi- l\Ir. SPENCER. There is not a charge .that there was any gan newspapers, for they tell1.1s vrectsely just what Truman H. aorruption or f1'"aucl of nny kind in the _, general election. Newberry was anc1 is ·in the· congressional politics Of-the United :\I1.·. HEFLIN. Mr. :President, 'I can not yield fo_: . peeches by State~. Senators, because 'I wish to conclude.· CONGRESSIONAL RECORD-SENATE. JA :ruARY 5 832 ' There were curiou doings in some places in the general' . NOMINATIONs.' election and .be bought the nomination to a seat in the Senate. '"'El • • • • r: There i a cha-rge, and a proven charge, that he obtained the xecutwe nommatw11s recetved by tile Sena.te January i). 19.2. nomination for the Senate in the primaries by the laviEh and . Co~n.nss.IONEB OF hrMIGRATION. unlawful u e of money, and · the Senate, in its resolution in· John p, Johnson, of · .l\Ias~ aclm etts, to be commis ·ioner of -tructing the committee to inYestigate this case, ordered an immigr~tion at the port of Boston, Mass.. inve tigation of the primaries in connection with the general election. No honest man can deny that if he corruptly obtained POSTMASTERS. the nomination which was necessary to get him elected, his ALA.ll.A.MA. title to a seat in this body ought not to be granted. That is Louis D. Hicks to be postmaster at Autaugaville, Ala. Office what I am taJ;king about. became presidential April 1, 1921. Before I sit down I wi h to read Mr. Truman H. Newberry's Harry L. Jones to be po tmaster at Bay Minette, Ala., iu place statement. This is what he signed just after the primary: of J. C. Burns, removed. I have taken no part in it whatever, and no contributions or ex­ George H. Reilly to be po tmaster at Muscle Shoals, Ala., iu penditures have been made with my knowledge and consent. I have read a general published statement of Paul King- place of H. R. Cohen, removed. William B. Sasser to be postma ·ter, at Opp, Ala., in place of That wa his manager- Clarence Byrd; resigned. · concerning expenditures made by a voluntary committee of my friends, · Alice Booth to be postmaster at Prattville, Ala., in place of but these we..re made without my knowledge or consent. · J. W. Barnes. Incumbent's commib"Sion expired July 23, 1921. 1\lr. President I wi h to ask Mr. Newberry some questions. George W. Grayes to be postmaster at Russellville, Ala., in "You say you had no part in this whatever?" "Yes." ''Did place of A. G. Wilson, resigned. you talk to Paul King when you employed him to be your James B. Washington to be postmaster at Tu ·kegee Institute, manager?" "Yes." "Did not he tell you it would cost you Ala., in place of J. B. Wa. hington. Incumbent's commi sion ex­ ,'50,000 to get that nomination?" "Yes." "Did not you em­ pired January 11, 19H. ploy him as your manager?" "Yes." "Well,- did not they ALASKA. spend over $200,000, and did not your friends admit that they expended that much in your behalf?" "Yes." "You say D. W. Stoddard to be po tma 'ter at Anchorage, la ·ka, in you had nothing to do with it whatever?" "Nothing." "Did place of EYerett McPhee. Incumbent's commis~· ion expire: Jan­ not you write Paul King to keep the publicity going at full uary 24. 1922. pressure?" "Yes." "Did not you w1it~ that Osborn's finances AllKANSAS. were about exhausted? ' "Ye ·." "Did not you ask him how Joe MitchelL to be postmaster at Danville, Ark. in place of he liked your eva ·ive answer on a certain proposition? " T. L. Pound. Incumbent's commission e::\.'l>ired Augu t G, 19~1. "Ye ·." "Did not you thank him for what he had done in Charley Y. B. Harley to be postmaster at Pari::;. Ark .. in :rour behalf?" "Ye ." "And yet you wear before God and place of G. G. Dandridge. Incumbent's commi:.:iou expired. the country that you had nothing whatever to do with it?" October 4, 1921. "\Vell?" "Did you read Fred Smith' · te timony?" "Ye ." CAT.IFOR:'\1.-\. "Is not he your confidential agent?" "Ye .' "Did not he swear he checked on your money and your brother' money, Etllel R.· Co tello to be po. tmaster at Acnmpo Calif. Oftice which was in a joint fund, and that that money went into became ·pt·e icleutial' January 1, 1921. 1\Iichigan and worked in the primaries? "Yes." "Then. who Jo:eph 1'\. Rolli · to be po tmaster at Gridle;\', Calif.. in plltc·e told. the truth, Fred Smith, your confidential agent, or your- of D. B. Robb. Incumbent' · commis ·ion expired December :..0, elf?" 1920. . l\1r. President, in conclu ·ion let me say that the papers tate Carey W. l\Iathews to be po:tma._·ter at He rlley, Calif. in that 1\Ir. Newberry talks about coming here and reading a pre­ place of F. S. Knauer resigned. pared statement. I want the opportunity to ask him some CONNEC'TICVT. questions. I know of others on both sides of the Chamber who want to ask him some questions. If he will not permit the \Villium E. Gates to be postmaster at Cia ·tonl.>ury. ~onn .. in qt1estions to be asked him, I want him to sit clown in this body place of H. \V. Potter. Incumbent's commission expired. July nncl hear those questions read and discussed in his presence. 21, 1921. I know the Senator from Utah [:Mr. SMoOT] and others are l 'LOlUD.A. tired of hearing me din the e facts into their ears. I know Newell B. Hull-to he postmaster at Starke, Fla., in place of the program was fixed up oyer ~here long ago to . eat New­ J. W. Almriz. II:cumbent· · commi ·ion expired Aucrust 1, 1921. berry-- GEORGIA. 1\Ir. SMOOT. I have no program. 1\Ir. HEFLIN. I do not know whether you are going to seat Rem B. Edwards to be postmaster at Cra\\'ford,·ille. ·Ga., in him or not. There are several Republican Senators who have place of l\1. E. Gorham, resigned. been looking into the testimony and I make bold to say that Kate Harris to be postmaster at Lee ~ burg, Ga., in plnce of if :my Republican Senator will read the testimony in this case Kate Harri . Incumbent' commi sion expired J::umary 31, he will vote against Newberry. So, now, Senators, let us keep 1921. in mind that he expended money lavishly against 1\Ir. Denby, Hillyer Rudisill to be postma 'ter at 1\lncon, Ga., in place of the Secretary of the Nav3·, 17 years ago, and that he expended Custis Nottingham, resigned. money lavishly against a Republican ex-governor of Michigan IDAHO. who when he was defeated, wrote l\Ir. ·ewberr.r "If you deny that you knew of this vast expenditure, you are a liar and an Christian Schwendiman to be postmaster at Sugar Idaho, in as." place of D. R. Harris. Incumbent's commi sion expir·ed October· 'enator <, remember that when 3'0U come to YOte to seat this 3, 1921. man-~·es; I know I am annoying you, but I owe something to ILLINOIS. my oath of office. I owe something to the masses, the millions 1\fay B. Ellis to be postmaster at Melvin, Ill., in place.of W. J. in this country of men and women who believe that this sacred McKenna. Incumbent's commission expired Augu t 7, 1921. leo-islatiYe institution belongs to the people. I owe something Joseph B. Frisbie to be postmaster at 1\leudon. Ill., in place to that vast multitude of people' who believe that those who of C. A. Fletcher. Incumbent's commission expired Augu..:t 7, make the law of the country should be elected by the free and 1921. untrammeled yote of the American people. I owe something INDIANA. to tho e who believe that senatorial campaigns should be kept free from the corrupt use of money and that the honor and in· Lee R. Roberts to be postmaster at Dillsboro, Ind., in plac -of tegrit:r of the Senate should be preserved inviolnte. Orris Hooper, sr., resigned. Elmer L. McKnight to be postmaster at Fowler, Ind:, in place EXECUTIVE SESSIO~. of Theodore Boss, resigned. l\Ir. CURTIS. I move that the Senate proceed to the consid· Joseph T. Nighbert to be po tmaster at Hanowr, Ind., in place eration of executive busines . of R. P. Sutherland, resigned. The motion was agreed to, and the Senate proceeded to the IOWA. consideration of executive business. After 32 minutes spent in executive session the doors were reopened, and (at 4 o'dock and Edward F. Glau_ · to be postmaster .at Charter Oak, Iowa, in 42 minutes p. m.) the Senate adjourned until to-morrow, Frl· place <>f E. F. Glau. Incumbent's commission expired August day, January G, 1922. at 12 o'clock meridian. :1, 1921. 1922. CONGRESSIONAL l{.ECOR.D-SENA':rE. 833

Ralph H. Halloway to be postmaster at Churdan, Iowa, in John S. Dickey to be po.· tma ·t cr at . 'ngar Ureek, ~Io., in place place of Julia Connelly. Incumbent's commission expired April .of J. B. Todd. . Incumbent's commission expired January 18, 24, 1921. 1921. Alfred Wright to be postmaster at Denison, Iowa, in place of !fONTANA. J. T. Carey. Incumbent's commission expired January 30, 1921. . Carrie H. Randall to be postmaster at Epworth, Iowa, in place Penrl E. Winfield. to lle postma ter at Jordan, Mont., in place of C. H. Randall, removed. of D. C. Ayer, resigned. Eva Keith to be postmaster at Goldfield, Iowa, in place of N EBRASKA. Eva Keith. Incumbent's commission expired August 7, 1921. Charles H. Howe to be postmaster at Janesville, Iowa, in William J. Stilgebouer to be postma ter at Danbury, rTebr. place of C. H. Howe, resigned. . Office became presidential July 1, 1921. Carl G. Austin to be postmaster at Lineville, Iowa, in place of Gertrude 1\I. Best to be postmaster at Dakota City, Nebr., in C. K. Coontz. Incumbent's commission expired August 7, 1921. plaee of 1\.I. A. Schmied. Incumbent's commission expired Au­ Emily L. Gibson to be postmaster at Reinbeck, Iowa, in place gust 6, 1921. of A.. :M. Robinson, resigned. . • Jo eph B. Hine to be postmaster at Wahoo, Nebr., in place of Hoss G. Hauser to be postmaster at Union, Iowa, in place of N. J. Ludi. Incumbent's commission expired January 5, 1920. H. L. Cartwright. Incumbent's commission expired August 7, NEVADA. 1920. Edna J. Sturdivant to be postmaster at Wesley, Iowa, in place Lucy A. Gates to be postmaster at Eureka, Nev., in place of of ,V, W. Finn. Incumbent's commis. ion expired August 7, Laura Hoegh, resign('d. 1921. NEW JERSEY. KANSAS. LeRoy Sofield to be postmaster at A>on by the Sea, N. J., :\Jamie B. Stanard to be pm'itmaster at Sublette, Kans. Office in place of W. C. Snyder. Incumbent's commission expired b carne presidential July 1, 1921. . 1\larch 16, 1921. NEW MEXICO. ~Iary C. Carroll to be postmaster at Conway Spring , Kans., in place of E. L. Pepper, resigned. l\Iary C. DuBoi · to be postma ter at Corona, N. l\iex. Office 'larence E. Sells to be postmaster at Rffingham, Kaus., . in became presitlential July 1, 1920. place of Ed"Ward Corrigan. Incumbent's commission expired July 23, 1921. - Ew YOl{K. Albert B. Ewing to be postmaster at Elllorado, Kans., in place William 1\I. Pinney to be postmaster at Arcade, N. Y., in place of T. P. 1\.Iannion, remo>ed. of E. D. P<1rker. Incumbent's commission expired March 22, Daisy T. Tilzey to be postmaster at Luca~, Kans., in place 1920. of E. L. Hoopman. Incumbent's comruis.~ion expired July 23, Fred 1\I. Sealey to be postmaster at Hempstead, N. Y., in place 1921. . of F. J. Mulgannon, resigned. John A. Coffman to be postmaster at Sedgwick, Kans., in Fred F. Hawley to be postmaster at Lake George, N. Y., in place of A.. L. Tear. Incumbent's commi sion expired June 27, place of li'. G. \\orden. Incumbent's commission expired .A.. pril 1920. 27, 1920. Eva l\I. Baird to be postmaster at Spearville, Kans., in place :AORTH CAROLINA., of· E. C. l\lcDermott. Incumbent's commission expired .July 23, Jamef.l L. Davenport to be postmaster at Jamesville, N. C. 1921. Office became presidential January 1, 1921. LOUISIANA. Lindsay H. Michael to be postmaster at Weayerville, N. C., Jay T. Boone to be po.'tmaster at Bo~· ce, La., in place of in place of Kate Reagan. Incumbent's commission expired F. A. Stuckey, resigned. July 21, 1921. Angus 0. Ott to be postmaster at Kentwood, La., in place of NORTH DAKOTA. J. H. Womack, resigned. 'l.'lmddeus C. 1\licllael to be postmaster at Willow City, N. MAINE. Dak., in place of John Robertson. Incumbent's commission Fremont A. Hunton to be postmaster at Readfield, Me. Office expired July 21, 1921. became presidential October 1, 1920. OHIO. Clifford J. Sharp to be po truaster at 1\lonticello, 1\.Ie. Office 1 Harold c. Rogers to be postmaster at Caledonia, Ohio. Office became presidential July 1, 1920. · became presidential October 1, 1920. Chai:les H. Bus ell to be postmaster at Pittsfield, l\Ie., in place of . H. Frost. Incumbent's commis. ion expired July PENNSYLVANIA.. 23, 1921~ Harry L. Koons to be postmaster at East Pittsburgh~ Pa., in MARYLAND. place of W. C. Harvey, resigned. Herbert C. Leighton to be po tmaster at Mountain Lake Park, Jefferson B. Hershey to be postmaster at McKeesport,· Pa., in 1\fd., in place of C. J. Rathbun. Incumbent's commission ex- place of F. · ,V, McFadden. Incumbent's commission expired pired A.ugust 7, 1921. · January 18, 1920. !.fASSACHUSETTS. Fred W. Nel on to be postmaster at Clifton, Tex., in place of John H. Pratt to be postmaster at Natick, Mass., in place of W. H. Cooper. Incumbent's commission expired January 19, J. A. Mahan. Incumbent's commission expired January 3, 1921. 1920. TEN ' ES EE. MICHIGAN. Emmett V. Foster to be postmaster at Culleoka, Tenn. Office Frank T. Jackson to be postmaster at Marysville, Mich. Office became presidential January 1, 1921. became presidential October l, 1920. J. Harry Wright to be postmaster at Sherwood, Mich. Office TEXAS. became presidential January 1, 1921. Fred W. Nelson to be postmaster at Clifton, Tex., in place of Victor L. Hardes to be postmaster at Trout Creek, Mich. J. N. Fallis, resigned. Office became presidential July 1, .1921. Ova L. 1\fcCown to be postmaster at G1·and View, Tex., in Charles T. Lockwood to be postmaster at Portland, Mich., in place of T. H. Haynie, resigned. place of A. L. Francis, resigned. Augustus D. Thorp to be postmaster at Sand Lake, Mich., in WASHINGTON, place of G. E. Goul. Incumbent's commission expired l\Iarch 16, Hugb Eldridge to be postmaster at Bellingham, 'Vash., in 1921. place of G. H. Watrous, deceased. MINNESOTA. WISCONSIN • .Margaret M. Briggs to be postmaster at Princeton, 1\llinn., in Laura K. Reingi'nber to be postmaster at South Germantown, place of M. 1\I. Briggs. Incumbent's commission expired July 11, 1920. Wis. Office became presidential April 1, 1921. Felix A. Roeseler to be postmaster at Hustisford, Wis., in MISSOURL place of F. A. Roeseler. Incumbent's commissio:q expired March Milton Wilhelm to be postmaster at . Seligman, 1\lo., in place 16, 1921. of B. P. Northcutt. Incumbent's commission expired March 16, Charles A. Smart to be postmaster at Wil

- i834 CONGBESSIONAL RECORD-HOU~E. JANUARY 5, · ·--~------...;.__y------CONFIRMATIONS. H. L. Levy, Daisytown. . .) . Harvey B. Sinsley, Denbo. ·Executive nominations confi:rmed by the S.eJJ!!f~ l.!!'l.~Ufi:1'V '5,':1922!·· Bernhard Ostrolenk, Farm School. P.OSTMASTERS. Marion Rosbach, Forksville. William J '. Patton, Greencastle.. CALIFORNIA. - Permelia H. Young, Jefferson. Fred R. Howe, Santa Cruz. Ellen M. Brown, Kelton. IDAHO. Franklin T. Dindinger, Monaca. Albert l\1. Reynolds, Whi,te Bird. Thomas H. Kelley, Moores. INDIANA. Charles H. Welch, 1\Iount Union. Myles D. Hippensteel, Nescopeck. Albert L. Fouts, Denver. Frank B. Wythe, Philipsburg. Elmei" E. McCarter, Pierceton. Ulysses Breisch, Ringtown. · KANSAS. Dorsey L. Barnett, Robertsdale. Harry B. Price, Cherokee. Jessie R. Wilson, St. Benedict. Ruth Satterthwaite, Douglass. William A. Pentz, Scotland.

Frederick N. Coulson, Harper. I • Hugh A. Feeley, Silver Creek. George P. Plotner, Scandia. Ira L. Humes, Tarentum. Ethel D. Robb, Treece. John A. Stevens, Three Springs. MICHIGAN. Pearson H. Hinterleiter, Topton. Platt A. Mumaw, farshall. WASHINGTON. NEW JERSEY. Rollie K. Waggoner, Bickleton. James B. Morford, Poulsbo, Charles H. ~fatthews, Hudson Heights. WEST VIRGINIA. NEW YORK. l\Iabel W. McCoy, Glen Jean. William W. Hendryx, Avoca. William H. Nicholson, 1\Iauayka. Rupert M. Gates, Bolton Landing. Joshua E. Buckley, 1\farli.Iiton. Frederick M. Avery, Cold Water. Clifton l\1. Spangler, Peterstown. Eugene W. Lothian, Cranberry Lake. Louis H. Buc~ Dannemo-ra. Eva C. Sager, Frewsburg. George D. Ackerson, Gasport. HOUSE OF REPRESENTATIVES. Edson J. Halbert, Hornell. William C. Calkins, Houghton. THURSDAY, January 5, 1922. Solomon Feinberg, Lake Placid. The House met at 12 o'clock noon. Harold E. Sargent, Liverpool. The Chaplain, Rev. James Shera Montgomery, D. D., offered George A. Hardy, Philadelphia. tl1e following prayer: Charles H. Ackerley, Round Lake. ·wmiam R. Ryan, Shushan. Our God and our Father, we can not struggle up to Thee, but Uanley S. Mack, Springwate-r. Thou dost reach down to us and will lift us back to the place William R. Crawford, 'Varsaw. from which we came. For the ocean depths of Thy love we -oR:TII CaROLINA. thank Thee. Continue the blessing of Thy fatherly benediction upon us. 0 Spirit of God, :flow through our deeds and make Carlie A. Guy, Angier. them pure. Give us a fuller measure of self-control, that we Wesley L. Norman, Banners Elk. may guard wisely our thoughts, our words, and our actions. Amelia B. Stepp, Black l\lountain. Persuade us that what we give is more blessed than what we Fannie Fields, Boardinan. receive. Herein is an achievement for the soul which is big Sallie F. Troy, Bolton. wHh destiny and abounding in immortal hope. 0 hear our James E. Kellis, Candor. prayer and encourage us to keep the zest of life and a passion Henry B. Head, Caroleen. for all good things. Be with us until ou1· last tear falls into Thomas E .. Harwell~ Catawba. the river of heavenly joy. In the name of Jesus. Amen. Sion H. Rogers, Clarkton. Alexander R. Duncan, Clayton. The Journal of the proceedings of yesterday was read and John H. Hobson, Cleveland. approved. Adrian K. Parker; Clinton. EXTENSION OF REMARKS. David W. Alexander, Connellys Springs. Mr. GRAHAM of lllinois. Mr. Speaker, I ask unanimous Claude C. Tillman, Dover. consent on behalf of my colleague; l\lr. SHAW, of lllinois, who Thad G. Tucker~ Elk Park. is detained at home on account of the · illness of his wife, to Walter Hogan, Ellerbe. extend and revise his remarks on the antilynching bill. Chester A. Hughes~ E1011_ College. The SPEAKER. Is there objection? [After a pause.] The Roscoe C. Ch.a:ndley-, Greensboro .. Chair hears none. Nancy E. Bullard, Haw River. CHANGE OF REFERENCE. Reuben H. Staton, Hendersonville. Joshua P. Jessup, Hertford. The SPEAKER. The Chair ::tsks unanimous consent to Hannah J. Pate, Hope Mills. change the reference of the bill (H. R. 9446) to ineorporate Abram W. Titman, Lowell. the American Institute of Accountants, from the Committee on Jo eph E. Taylor, Lucama. the District of Columbia to the Committee on the Judiciary. Is Lula G. Harris, Macon. there objection? [After a pause.] The: Chair hea,rs none. Sallie K. W:ilh'ins, 1\lagnolia. MESSAGE FROM THE SENATE. Fred Herrin, Mount Pleasant. A message from the Senate, by 1\1r. Craven, its Chief Clerk, Elijah F: Pearce, Princeton. announced that the Senate had passed bills of the following George H . Hodgin, Ramseur. titles in which the concurrence of the House of Representatives Albert Z. Jarman, Richlands. was ~equested : Eli D. Byrd, Ronda. S'. 2356. An ad for the relief of Clarence L. Reames ; Robert L. Burgin, Sunburst. S. 943. An act for the relief of John Lyons; and William E. Linney, 'Vilkesboro. S. 2138. An act providing that the Government property John T. Benbow, Winston-Salem. known as the St. Francis Barracks at St. Augustine, Fla., be william E. RutLeuge, Yadkinville. donated tO< the State of Florida for military purposes.