1930 CONGRESSIONAL RECORD-SENATE 9921 By Mr. SPEAKS: A bill (H. R. 12738) granting an in­ legislation passed at this session granting Saturday half holi­ crease of pension to Adaline Kibley ; to the Committee on days for all Government employees ; to the Committee on the Invalid Pensions. Civil Service. By Mr. WOLVERTON of West Virginia: A bill (H. R. 12739) 7441. Also, petition of Spanish War veterans of New York, granting an increase of pension to Mary E. Fleming; to the urging support and vote for Senate bill 476, vetoed by the Committee on Invalid Pensions. President; to the Committee on Pensions. 7442. By 1\fr. STONE: Petition signed by Mrs. Joseph "Myer PETITIONS, ETC. and Mrs. J. Urbansky, of Oklahoma City, Okla., opposing legis­ Under clause 1 of Rule XXII, petitions and papers were laid lation calling for compulsory or voluntary registration of aliens on the Clerk's de k and referred as follows: in the United States; to the Committee on Immigration and 7417. By Mr. GARBER of Oklahoma: Petition of King Hagen Naturalization. Po t American Legion, Fairview, Okla., in support of House bill io381, with liberal amendments; to the Committee on World SENATE War Veterans' Legislation. 7418. Also, petition of 5,000 clerical employees Missouri Pa­ TUESDAY, June 3, 1930 cific Railroad, urging adoption Couzens jo!Dt resolution suspend­ (Legislative day of Tlwrsday, May 29, 1930) ing consolidation railroads; to the Comnuttee on Interstate and Foreign Commerce. The Senate met at l2 o'clock meridian, on the expiration of 7419. Also petition of Order of Railway Conductors of West­ the rece s. ern Division' of Frisco Railway at Enid, Okla., in support of The VICE PRESIDENT. The Senate will receive a message Senator Couzru~s·s resolution; to the Committee on Interstate from the House of Repre entatives. and Foreign Commerce. MESSAGE FROM THE HOUSE 7420. Also, petition of Frank 0. Jamison Camp of United A message from the House of Representatives by Mr. Chaffee, Spanish War Veterans, in support of Senate bill 476; to the one of its clerks, announced that the House having proceeded, in Committee on Pensions. ursuance of the Constitution, to reconsider the bill (S. 476) 7421. Also, petition of W. E. Brintna.n, Chester, ~kla., in sup­ granting pensions and increase of pensions to certain soldiers, port of immigration bill; to the Commt~e on Imnugratlon and sailors, and nurses of the war with Spain, the Philippine in ur­ Naturalization. rection, or the China relief expedition, and for other purposes, 7422. Also, petition of Robert A. Lowery Camp, No. 24, Perry, returned by the President of the United States with his objec­ Okla., urging support of Senate bill 476; to the Committee on tions thereto, the bill was pa sed, two-thirds of the House having Pensions. agreed to the same, the objections of the President to the con­ 7423. Also, petition of Ponca City Retailers' Credit As ocia­ trary notwithstanding. tion, Ponca City, Okla., in opposition to House bill 9232; to the The message also announced that the House had passed with­ Committee on Labor. out amendment the bill (S. 1317) to amend section 108 of the 7424. . Also, petition of J. L. Cochran, manager Frolich's Style Judicial Code, as amended, so as to change the time of holding Shop, Ponca City, Okla., in opposition to House bill 9232; to the court in each of the six divisions of the eastern di trict of tile Committee on Labor. State of Texas, and to require the clerk to maintain an office 7425. Also, petition of M. K. Van Winkle, Ponca City, Okla., in charge of himself or a deputy at Sllerman, Beaumont, Tex­ in opposition to Hou e bill 9232; to the Committee on Labor. arkana, and Tyler. 7426. Also, petition of E. F. Hathaway, Ponca City, Okla., in The message further announced that the House had pas ed opposition to House bill 9232; to the Committee on Labor. the bill (S. 2370) to fix the sala1ies of officers and members of 7427. Also, petition of H. L. Schall, Ponca City, Okla., in oppo­ the Metropolitan police force and the fire department of the sition to House bill 9232; to the Committee on Labor. District of Columbia with an amendment, in which it requested 7428. Also, pet/tion of J. A. Tharp, Ponca City, Okla., in oppo­ the concurrence of the Senate. sition to House bill 9232; to the Committee on Labor. The message also announced that the House had passed the 7429. Also, uetition of carriers of Ponca City, Okla., urging following bills of the Senate, each with amendments, in which support of House bill 6603 ; to the Committee on the Post Office it requested the concurrence of the Senate: and Post Roads. S. 3272. An act to authorize the dispatch from the mailing 7430. Also, petition International Association of Fire Fight­ po t 9ffice of metered permit matter of the first class prepaid at er , Washington, D. C.; to the Committee on the District of least 2 cents but not fully prepaid and to authorize the accept­ Columbia. ance of third-class matter without stamps affixed in such quan­ 7431. Also, petition of R. 1\1. Washbon, Ponca City, Okla., in tities as may be prescribed ; and opposition to Hou e bill 9232; to the Committee. on Labor. S. 3599. An act to provide for the classification of extraordi­ 7432. By Mr. GLOVER: Petition of citizens of Hot Spring, nary expenditures contributing to the deficiency of postal reve­ Ark., urging support of Senate bill 476; to the Committee on nues. Pensions. The me. sage further announced that the House had passed 7433. Also, petition of Hugh Rives, of Pine Bluff, Ark., urging the following bills, in which it requested the concurrence of the the passage of Senate Joint Resolution 161; to the Committee on Senate: Interstate and Foreign Commerce. H. R. 704. An act to grant relief to those States which brought 7434. Also, petition of citizens of Princeton, Ark., urging ap­ State-owned property into the Federal service in 1917; propriations for the destruction of predatory animals; to the H. R. 5271. An act authorizing the Secretary of the Interior Committee on Agriculture. to acquire land and erect a monument at the site near Crooks­ 7435. Also, petition of the W. C. Hudson Camp, No. 8, United ton, in Polk County, Minn., to commemorate the signing of a Spanish War Veterans, Pine Bluff, Ark., urging support of treaty on October 2, 1863, between the United States of America Senate bill 476 ; to the Committee on Pensions. and the Chippewa Indians ; 7436. Also, petition of Roosevelt Auxiliary, No. 1, Fred N. Rix H. R. 10668. An act to authorize issuance of certificates of Camp, No. 1, United Spanish War Veteran , Hot Springs, Ark., repatriation to certain veterans of the World War; urging support of Senate bill 476; to the Committee on Pen­ H. R. 11134. An act to amend section 91 of the act entitled sions. ''An act to provide a government for the Territory of Hawaii," 7437. By Mr. HANCOCK: Petition of Woman's Christian approved April 30, 1900, as amended ; and Temperance Union of Eastwood, N. Y., submitted by Helen H. R. 11200. An act to provide for the acquisition, sale, and DeBoalt, favoring Federal supervision of motion pictures; to clo er settlement of delinquent lands on irrigation projects by the Committee on Interstate and Foreign Commerce. the Government to protect it investment 7438. Also, petition submitted by Anna Saltsman, containing ENIWLLED BILL SIGNED resolution adopted by the Woman's Christian Temperance Union of Virgil, N. Y., favoring Federal supervision of motion The message also announced that the Speaker had affixed his pictures; to the Committee on Interstate and Foreign Com­ signature to the enrolled bill (H. R. 4849) to provide for the merce. purchase of a bronze bust of the late Lieut. James Melville Gilliss United States Navy, to be presented to the Chilean Na­ 7439. Also, petition of the Woman's Christian Temperance tional 'opservatory, and it was signed by the Vice President. Union of Manlius, N. Y., submitted by Stella 1\1. CampbelL favoring Federal supervision of motion pictures; to the Com­ CALL OF THE ROLL mittee on Interstate and Foreign Commerce. Mr. McNARY. 1\lr. President, I suggest the absence of a 7440. By Mr. LINDSAY: Petition of Federal Employees' quorum. Union, No. 4, New York Oity, urging that every effort to have The VICE PRESIDENT. The clerk will call the roll. 9922 COKGRESSIONAL RECORD-SENATE JUNE 3 The lPgislative clerk called the roll, and the fo1Iowing Senators "Whereas the hi tory and traditions of our people have since then answered to theiJ.· name:s : su tained and eon ecrated the name of Puerto Rico, given to our island, Allen Gla ·s McKellar Smoot as its sole name; A burst Glenn McMaster Steck " Whereas immediately following the change of sovereignty which Barkley Got! McNary Steiwer took place in the island, the Congi·ess of the United States of .America, Bingham Gold borough :netcalf Stephens Blaine Gould :lloses Sulli"mn without justifying reasons, officially gave thi i land the name of Porto Blease Greene Norbeck Swanson Rico; Borah Hale L·orris Thomas, Idaho " Whereas the aforesaid name of Porto Rico is an impure idiomatic Thomas, Okla. Bratton Ilarri r•ye . compound partly formed of the foreign word porto, which, although of Brou~sard Harrison Oddie Townsend Capper Hasting Overman 'l'rammell Latin origin, has not yet been adopted into our language but is here Connall.r Hawe · Patterson Tyding used illegitimately to substitute the word puerto, genuinely Spanish, Copeland Hayden Phipps Vandenberg Couzen Hebert Pine Wagner though no license, reasons of diction, or advantages of euphony exist Cnttinrr Heflin Pittman Walsh, Mass. to warrant such substitution · Dale Howell Ran dell Walsh, Mont. " Whereas there are no re~sons either in the history, the language, Deneen .Johnson Robinson, Ind. Waterman Dill Jones Robsion, Ky. Wlttson or the traditions of our people supporting the legitimacy of the foreign Fes Kean Sheppard Wheeler term porto which officially forms part of the name of our island: Now, Frazier Kendrick Shipstead therefore be it George La Follette ..,hortridge Uillett McCulloch Simmons rc Resolved by the Senate of Porto Rico (tlle Hottse of Representatives • l\lr. SHEPPARD. I de ire to announce that the Senator from concurrit1g)- " 1. To request the Congre,s of the united States of America and Utah [l\lr. KING], the Senator from South Carolina [1\Ir. the arne is hereby requested, officially to restore to our i land it ' true SMITH], and the Senator from Florida LMr. FLETCHER] are name of Puerto Rico in place of Porto Rico as it is now called, because necPssarily detained by illness. The VICE PRESIDENT. Eighty-one Senators ha\e answered it is considered that full justice will thus be done to our hi tory, our language, and our traditions. to their names. A quorum is pre ent. " 2. That for the proper pmpo es a copy of this resolution be for­ SALARY OF THE COMMISSIOKER OF CUSTOMS warded to the Congress of the United States of .America; to the Hon. The VICE PRESIDENT laid before the Senate a communic: ­ Herbert Hoover, Pre ·ident ; and to our Resident Commisslouer, Ron. tion from the Secretary of the Treasury, tran ·mitting a draft FELIX CORDOVA DAVILA."• of propo ed legi lation to increase the salary of the Commis­ For transmittal to His Excellency Herbert Hoover, Pre ident of the sioner of Customs to $10,000 per annum, which, with the ac­ United States of America, as provided in the second paragraph of said companying paper, was referred to the Committee on Finance. resolution, I have hereunto set my hand ·and can ed to be affixed the CLAIM OF DR. B. T. WILLIAMSON seal of the Senate of Porto Rico at San Juan, r. R., on this the 6th day Tbe YICE PRESIDE... TT laid before the Senate a communica­ of May, 1930, A. D. tion from the Comptroller General of the United States, trans­ [SEAL.] JOSE l\IUNOZ RIVERA., nutting, pursuant to law, hi recommendation concerning the Secretary of . the Senate. claim of Dr. B. T. Williamson against the United States, which, CITIZE..~SHIP A~D NAru&.lllZ.!.TIO~ OF MARRIED W01tiEN with the accompanying report, was referred to the Committee 1\lr. COPELAND. Mr. President, I a k to have printed in the on Claims. RECoRD an editorial from the New York Herald Tribune of to­ ESTATE OF THOMAS BIRD, DECEASED day entitled " Perfecting the Cable Act" The VICE PRESIDENT laid before the Senate a communica­ There being no objection, the editorial was ordered to be tion from the Comptroller General of the United States, trans­ printed in the RECORD, a follows : mitting, pursuant to law, his report and recommendation con­ [From the New York Herald Tribune, Tuesday, June 3, 1030] cerning the claim on behalf of the estate of Thomas Bird, denea:ed, for $1,917.39, as the value of wheat requisitioned and PERFECTING THE CABLE ACT taken by the United States Grain Corporation during the World If the Senate would remove from the blll to COITect the imperfections War, which, with the accompanying report, was referred to the of the Cable Act of 1922, under which American-born women marrying Committee on Claims. aliens retain their nationality, the load of amendments reported by its CLAIM OF SEWARD CITY MILLS (INC.) Committee on Immigration the mea ure would pass without difficulty. The bill as approved by the House without a dissenting vote contains The VICE PRESIDENT laid before the Senate a communica­ no matter extraneous to the question of women's citizenship. It repeals tion from the Comptroller General of the United States, trans­ the requirement of a year's residence in the United State , with the in­ mitting, pursuant to law, his report and recommendation con­ tention of permanent residence, as a condition of repatriation for an cerning a claim of the Seward City Mills (Inc.) for $830.82, American-born woman who lost her citizenship by marriage prior to deducted as liquidated damages for delays in completion of a 1922. It provides that she may re ume her American nationality by a contract for delivery of flour to the Indian Service, which, with simple affirmative act without naturalization proceedings. It repeals the accompanying report, was referred to the Committee on the provision of the Cable Act whereby the American wife of an alien Claims. residing two years in her husband's country or five years elsewhere PE1l'ITIONS abroad is pre umed not to be an American citizen. It admits outside The VICE PRESIDENT laid before the Senate a telegram the quota any American woman who lo t her citizenship by marriage from Hon. James 1\!. Curley, mayor of the city of Boston, Mass., before 1922. indor ing the so-called Kendall Saturday half holiday bill, pro­ Since the Senate, llke the Hou ~ l', is well disposed thus to correct viding Saturday half holidays for employees of the Postal p.alpable defects in the Cable Act, impairing in some degree an American Service, which was referred to the Committee on Post Offices woman's right of independent nationality, it is unfortunate that the and Post Roads. bill in the Senate is surcharged with a layer of amendments on other He also laid before the Senate the following concurrent re~ o­ aspects of nahualization, more or less contentious, unrelated to the sub­ lution of the Legislature of Porto Rico, which was referred to ject of American women's repatriation. The Senate Committee on Im­ the Committee on Territories and Insular Affairs : migration suggests that the inclusion of these amendments will expedite SENADO DE PUERTO RICO. legislation that it con iders highly desirable. But many friends of the I, Jose Munoz Rivera, secretary of the Senate of Porto Rico, do single proposed House bill fear that the Senate catchall bill will be hereby certify : sunk, riddled with objections. The Senate amendments, apart from the That the following concurrent resolution was unanimously approved Cable Act adjustment, might well be detached from the bill and reserved by the Senate of Porto Rico on .April 3, 1930, and by the House of for separate con ideration. Representatives on .April 12 : REPORT ' OF COMMITTEES " Concurrent resolution requesting the Congre s of the United States of Mr. SHORTRIDGE, from the Committee on Naval Affairs, to America officially to restore the true name of this island whlch were refened the following bills, reported them each " Whereas in accordance with all historical data relative to the dls­ without amendment an

Mr. ODDIE, from the Committee on Naval Affairs, to whieb 1\!r. GLE~~. from the Committee on Claims, to which was were referred the following bills, reported them severally with­ referred the bill (H. R. 3118) for the relief of the Marshall out amendment and submitted reports thereon: State Bank, reported it without amendment and submitted a S. 4293. A bill authorizing Ralph F. Wood, lieutenant com­ report (No. 80.2) thereon. mander, United States Navy, to accept. the decoration of an Mr. TRAMl\IELL, from the Committee on Post Offices and Italian brevet of military pilot honoris causa tendered to him Post Roads, to which was referred the bill ( S. 4193) for the by the Italian Government (Rept. No. 7 9) ; relief of the State of Florida for damage to and destruction of H. R. 2951. An act granting six months' pay to Frank J. Hale roads and bridges by floods in 1928 and 1029, reported it with (Rept. No. 790) ; amendments. H. R. 3175. An act to authorize Lieut. Commander James C. REPORT OF POSTAL NOMINATIONS Monfort, of the United States Navy, to accept a deeoration con­ Mr. PHIPPS, as in executive session, from the Committee on felTed upon him by the Government of Italy (Rept. No. 791); Post Offices and Post Roads, reported sundry post-office nomi­ H. R. 4206. An act authorizing the Secretary of the Navy, in nations, which were placed on the Executive Calendar. hi discretion, to loan to the city of Olympia, State of Washing­ ton, the silver ·ervice set and bronze tablet formerly in use on BILLS INTRODUCED the U. S. cruiser Olympia (Rept. No. 792); and Bills were introduced, read the first time, and, by unanimous . H. R. 9109. An act authorizing the Secretary of the Navy, in consent, the second time, and referred as follows : his di cretion, to deliver to the custody of the Jefferson Memo­ By Mr. BRATTON: rial A sociation of St. Louis, Mo., the ship's bell, builder's label A bill (S. 4624) for the relief of Florence Cavanaugh; to the plate, a record of war services, letters forming ship's name, and Committee on Claims. silver service of the cruiser St. Louis that is now or may be in By Mr. DENEEN: .bis custody (Rept. No. 793). A bill ( S. 4625) to provide for the appointment of an addi­ Mr. HALE, from tJle Committee on Naval Affairs, to which tional district judge for the southern district of Tilinois ; to was referred the bill (S. 3341) prnviding for the acquirement the Committee on the Judiciary. of additional lands for the naval air station at Seattle, Wash., By Mr. DALE: reported it with an amendment and submitted a report (No. A bill CS. 4626) granting an increase of pension to Lida A. 803) thereon. Aldrich (with accompanying papers) ; to the Committee on Mr. SMOOT, from the Committee on Finance, to whieh was Pensions. refetred the bill (H. .R. 11143) to create in the Treasury De­ By Mr. WATSON: partment a bureau of narcotics, and for other purposes, re­ A bill ( S. 4627) granting ~ increase of pension to :Maee ported it with amendments and submitted a report (No. 785) Wise (with accompanying papers) ; to the Committee on thereon. ~ Pensions. M1·. DALE, from the Committee on Commerce,. to which was By Mr. ROBINSON of Indiana: referred the bill (S. 4175) to grant the consent of CongresN to A bill (S. 4628) granting an increase of pension to Allen G. the Highway Department of the State of Tennessee to maintain Buffaloe (with accompanying papers); to the Committee on a bridge aero s Duck River, on the Nashville-Centerville Road, Pensions. ' near Centerville, in Hickman County, Tenn., and approximately AMENDMENT TO RIVER .AND HARBOl~ BILir-::MOUNT DESERT 1,000 feet upstream from the existing steel bridge on the Cen­ NARROWS, ME. terville-Dick on Road, reported it with amendments and submit­ ted a report (No. 786) thereon. Mr. HALE submitt~d an amendment intended to be proposed He also, from the same committee, to which was referred the by him to House bill 11781, the river and harbor authorization bill (H. R. 11282) to extend the times for commencing and com­ bill, which was ordered to lie on the table and to be printed. pleting the construction of a bridge across the Mississippi River .AMENDMENT TO SECOND DEFICIENCY APPROPRIATION BILL at or near Tenth Street in Bettendorf, State of Iowa, reported it Mr. COPELAND submitted an amendment proposing to ap­ without amendment and submitted a report (No. 787) thereon. propriate $4,400 for the survey of the Saratoga battle field, Mr. CAPPER, from the Committee on the District of Colum­ intended to be proposed by him to the second deficiency appro­ bia, to which wa referred the bill ( S. 4478) to authorize the priation bill, which was referred to the Committee on Appro­ Commissioners of the District of Columbia to close certain priations and ordered to be printed. · alleys and to set aside land owned by the Di trict of Columbia METERED PERMIT MAII. :MATTER for alley purpo es, reported it with amendments and submitted a report (No. 788) thereon. The VICE PRESIDE T laid before the Senate the amend­ He al o, from the Committee on Claims, to which was re­ ments of the House of Representatives to the bill (S. 3272) to ferred the bill (H. R. 515) to extend the benefits of the em­ authorize the di-;patch from the mailing post office of metered ployees' compensation act of September 7, 1916, to Jackson D. permit matte.I' of the first class prepaid at least 2 cents but not ·wissman, a former employee of the Government Dairy Farm, fully prepaid and to authorize the acceptance of third-class Beltsville, Md., reported it with amendments and submitted a matter without stamps affixed in such quantities as may be report (No. 794) thereon. prescribed, which were, on page 1, line 3, to strike out " section He also, from the same committee, to which were referred the 273, title 39, United States Code" and insert " ection 5 of tbe following bills, reported them each without amendment and sub­ act of .April 24, 1920 ( 41 Stat. 583; 39 U. S. C., sec. 273), en­ mitted reports thereon : titled 'An act making app1·opriations for the service of the Post H. R. 1840. An act for the relief of Gertrude Lustig (Rept. Office Department for the fiscal year ending June 30, 1921, and No. 795); and for other purposes ' " ; on page 2, line 15, to strike out all after H. R. 3257. An act for the relief of Ellen B. Monahan (Rept. "1928" down to and including "291) ," in line 16, and insert No. 796). " ( 45 Stat. 941 ; 39 U. S. C., Supp. III, sec. 201)" ; and to amend Mr. STEPHENS, from the Committee on Claims, to which the title so as to read: " To authorize the dispatch from the were referred the following bills, reported them severally with­ mailing po t office of metered _permit matter of the first class, out amendment and submitted reports thereon: prepaid at least 2 cents, but not fully prepaid, and to authorize H. R. 1601. An act to authortze the Department of Agricul­ the · acceptance of third-class matter without stamps affixed in ture to issue two duplicate checks in favor of Utah State treas­ such quantities as may be prescribed." urer where the originals have been lost (Rept. No. 797) ; l\Ir. PHIPPS. I move that the Senate agree to the amen - H. R. 2011. An act to authorize the Secretary of War to settle ments of the House. the claims of the owners of the French steamships P. ·L. M. 4 The motion was ag.reed to. and P. L. M. "' for damages sustained as the result of collisions CLASSIFICATION OF E.XTR.AORDINARY EXPENDI'IURES FROM POSTAL between such vessels and the U. S. S. He-ndf:rson and Lake REVENUES (J/Wtrlotte, and to settle the claim of the United States against The VICE PRESIDENT laid before the Senate the amend­ the owners of the French steamship P. L. M. "/for damages sus­ ments of the House of Representatives to the bill (S. 3599) tained by the U. S. S. Penn-8yl!vani01n in a collision with the to provide for the classification of .extraordinary expenditures P. L. M. '1 (Rept. No. 798); contributing to the deficiency of postal revenues, which were, H. R. 3200. An aet for the relief of Bessie Blaker (Rept. No. on page 2, after line 7, to insert: 799); "(d) The estimated amount which would have been collected H. R. 6071. An act for the relief of the Domestic and Foreign at regular rates· of postage on matter mailed free to the blind Mi sionary Society of the Protestant Episcopal Church of the during the year; United States (Rept. No. 800) ; and "(e) The estimated difference between the postage revenue H. R. 8589. An act for the relief of Charles J. Ferris, major, collected during the year on mailings of newspapers and periodi­ United States 4-rmy, retired (Rept. Ne>. 801). .... cals published by and in the interests of religious, educational, 9924 CONGRESSIONAL RECORD-SEN ATE JUNE 3 scientific, philanthropic, agricultural, labor, and fraternal or­ portant rates. In those cases, which added costs to the Ameri­ ganizations, and that which would have been collected at zone can people and sought higher increa es above the present law, t rate of po tage; "; on page 2, line 8, to strike out " (d)" and the House would not recede but insisted and won out. insert " (f)" ; on page 2, line 11, to strike out " (e) " and insert We will next take the earthenware schedule, where the Sen­ "(g)"; on page 2, line 12 and 13, to strike out "at mileage ate rates were higher than the House rates. The House con­ rates "; and on page 2, line 14, after the word "rates," to ferees receded in 24 in tances. In that schedule there was no in ert "if canied in ve els of foreign registry." rece sion in the higher Senate rates upon the part of the Sen­ Mr. PHIPPS. I move that the Senate agree to the amend­ ate conferee . They ju t bowed completely to the will and ment made by the House. in istence of the House conferees. · The motion was agreed to. When we got to Schedule 3, metals and manufactures of HOUSE lliLLS REFERRED metals, where the Senate had increased the rates over the House rates, the House conferees immediately receded and The following bills were severally read twice by their titles accepted the higher rates in 17 instances. Only in two in­ and referred as indica ted below : stances did the Senate conferees recede, and those were two H. R. 704. An act to grant relief to those States which very unimportant items. One, I think, was manicure and the brought State-owned property into the Federal service in 1917; other petticure nipper . · to the Committee on Military Affairs. Schedule 4, wood and manufactures of wood : Where the H. R. 5271. An act authorizing the Secretary of the Interior Senate rate were higher than the Hou e rates, the Hou e con­ to acquire land and erect a monument at the site near Crook­ feree receded in three in tances immediately and the Senate ston, in Polk County, Minn., to commemorate the signing of a conferee receded in only one in tance, and that was not of any treaty on October 2, 1863, between the United States of America great importance. and the Chippewa Indians; to the Committee on the Library. When we reached Schedule 5, coYering sugar and molas es H. R. 7996. An act to change the name of Iowa Circle in the and manufactures of, it was found that the Senate had in­ city of Washington to Logan Circle; to the calendar. creased rates in three in tances over the House rates, and in H. R. 10668. An act to authorize issuance of certificates of those three instances the House conferees were quick to recede repatriation to certain veterans of the World War; to the Com­ and the Senate conferees were quicker to agree to the reces ion mittee on Immigration. and con ent to the higher rate . H. R. 11134. An act to amend ection 91 of the act entitled In the schedule covering tobacco and manufactures of there "An act to provide a go1ernment for the Territory of Hawaii," was no change except one compromi e. approved April 30, 1900, as amended; to t11e Committee on Terri­ In the schedule covering agricultural products and provisions torie and Insular Affairs. the Senate rate were higher in a good many cases than the H. R. 11200. An act to pro1ide for the acqui ition, sale, and Hou e rate , but the Senate is familiar with the fact, and the clo er settlement of delinquent lands on irrigation projects by country no doubt know , that in innumerable in tances the rates the Government to protect its inve ... tment; to the Committee on on agricultural products will be ineffective. liTigation and Reclamation. The rea on why the rates were fixed higher on many a~rri­ L~INGEMENT OF PATENTS cultural products was becau e of the large exportations of those l\lr. WALSH of 1\lassachusetts. Yesterday the bill (S. 4442) products, and we were going to give to the farmer some relief relating to suits for infringement of patents where the patentee by the adoption of the debenture plan, making the e ao-ricul­ i nolating the antitrust laws was passed unanimou ly with­ tural rates for the first time effective; but, oh, how quick the out any debate. It is a very important measure. The com­ debenture plan went out ! All the House conferees did wa to mittee had hearings on the bill, which have been printed. I insist that the Senate recede, and there was a wild race as to de ire to enter a motion to reconsider the vote by which the whether the Senate conferees could recede more quickly than bill was passed. I mo1e that the House be requested to return the House conferees could insist on their reces ion. In those the bill to the Senate. instances the House conferees receded quite generally, becau e The motion was agreed to. they knew, fir t, that they could deceive the farmer by pretend­ ing to him that they were providing some increased rates on his REVISION OF THE TARIFF--CO!'."'FERENOE REPORT products, while at the same time taking away from him the The Senate resumed the consideration of the report of the instrumentality, namely, the debenture, by which those in­ committee of conference on the disagreeing votes of the two crea ed rates would be made effective. Hou e on certain amendments of the Senate to the bill (H. R. In the case of the cotton and cotton manufactures schedule 2667) to provide revenue, to regulate commerce with foreign the Senate had increased rates in eight in tances; in one of cOlmtries, to encourage the industries of the United States, to the instances there was a compromise between the conferees of protect American labor, and for other purpo es. the two Houses, while in seven instances the House conferees (For conference report ee proceedings of the Senate of May receded and accepted the higher Senate rates. 29, Co -oRFSSIONAL RECORD, p. 9783.) In the flax, hemp, and jute schedule the Senate had increased 1\lr. HARRISON. Mr. President, I thought that at least one dutie" over the Hou e rates in seven in tances, and in seven of the conferees on the part of the majority would try to instances the House conferee receded and accepted the higher defend the conference report, either the distinguished Senator Senate rates. There wa no division as to that chedule. from California [1\lr. SHORTRIDGE] or his equally distinguished The conferees finally reached the wool and woolen manufac­ colleague the Senator from Indiana [Mr. WATSON]. I inquire ture schedule, in connection with which the Hou e conferees if no one of the majority conferees is going to defend the report? displayed a most amiable pirit. In 28 in tances the Senate 1\lr. SHORTRIDGE. Mr. President-- rate were higher than the House rates; in 4 of tho e instances The VICE PRESIDENT. Does the Senator from 1\Iis issippi there was a compromise between the two Houses, but in 24 yield to the Senator from California? instances the House conferees receded and accepted the higher Mr. HARRISON. I yield. Senate rates. Mr. SHORTRIDGE. Responding to the sugge8tion of the In the case of the schedule covering silk and silk manufac­ able Senator from l\1i sissippi, my own view is that the confer­ tures there was one instance of a Senate increa e, and the ence report is it own defense and needs no rhetorical defen e Hou e conferee receded on that amendment. or argumentative defen e. It is sound and I am hopeful it will In the schedule embracing manufactures of rayon the House be agreed to by the Senate. Perhaps after the Senator from conferees receded in three instances and agreed to the increa ed 1\Iis issippi has expre sed himself concerning it some one of us rates adopted by the Senate, and the Senate conferees receded on thi side of the Chamber may be moved to say a few words. in no instance; but in four instances the conferees effected a Mr. HARRISON. I do not blame the Senator from Cali­ compromise between the two rates. fornia or hi colleagues for not wanting to defend this piece of In the undries schedule the House conferee receded and literature, so I am going to occupy a few moments of the time agreed to the hlgher· Senate rates in 14 in tances, and the Sen­ of the Senate in order that I may go into an analysis of some ate only receded and accepted the lower House rates in 7 in­ of the actions of the House and Senate conferees on the part of stances. the majority. So goes the marvelous story of the manner in which this It will be noted that when Schedule 1, the chemical schedule, tariff bill was Wiitten in conference between the House and containing high rates, which were increases by the Senate over Senate. the House rates, got into conference the higher rates were ac­ I recall to-day the first meeting the conferees held. It wa cepted. The Hou e conferees immediately receded in 15 cases not unlike the other meetings between the House and Senate in the chemical schedule, whereas the Senate conferees receded conferees. There sat the di tingui bed Oregonian at one end of in only 6 instances where they had put on a higher rate. In the table, with a long cigar in his mouth, and at the other end those six instances, a I shall attempt to show in an analysis of of the conference table was my wide-awake sugar-coated fi·jend the rates, they were for the most part immaterial and unim- from Utah [Mr. SMoor] ; on the side of the diStinguished Ore- 1930 CONGRESSIONAL RECORD-SENATE 9925 gonian, the chairman of the House conferees, sat two stalwart M_r. SHORTRIDGE. On the contrary, the conferees had de­ :figures, one of them Mr. TREADWAY, coming from Massachusetts, voted many weeks, months, and perhaps years, to the study of and the other, to the left, Mr. BACHARACH, coming from New' that problem. We probably erred, but some of us bad fixed Jer ey. notions in regard to it, as our votes in the Senate have indi­ 'Vhen we would reaeh an item in dispute between the two cated. Hou es, the Senate having increased the rate or the House hav­ Before I sli down, as the Senator is pointing out something ing provided a hiaher rate than the Senate, the chairman of in regard to long-staple cotton, in which we are both inter­ the conferees woulu ask, "Well, what about this item?" My ested, and which is an item falling under the agricultural friend TREADWAY bad before him a pile of correspondence from Echedule, will the Senator be good enough to tell the Senate. his " pecial intere t" constituents, anu immediately when the the attitude of the conferees in regard to casein? item was reached be would put his nose right down among :Mr. HARRISON. Casein? those papers to ascertain what they were requE'.Sting. Natur­ Mr. SHORTRIDGE. Yes, sir. ally tho e people always reque ted the higher rate , ·and when Mr. HARRISON. I think in the case of casein the Senate he ascertained what rate his correspondents desired he would rates were adopted in conference, and, if my recollection is lean over and whisper gracefully into the ear of the great Ore­ correct, the Senator from California carried out the will of the gonian, who would immediately say, "We insist that the Senate Senate in that re pect. Am I wrong in that? conferees recede and give u the higher rate." Mr. SHORTRIDGE. The Senator is quite right. What did However, before that my friend from California [1\Ir. SHORT­ the Hou e conferees do? The House conferees receded. RIDGE], the tall sycamore from the Golden Gate, who at there Mr. HARRISON. Oh, :finally, the House conferees receded. wide awake all dm·ing the e proceedings, would generally speak Mr. SHORTRIDGE. They were per uaded to recede. up and ask, in ca es where the Senate rate was lower than the Mr. HARRISON. They certainly gave up after a hru·d fight Hou e rate, "Well, why does not the Senate recede on that on that item. proposition? " He would do that even before the conferees on Mr. SHORTRIDGE. I never give up, although I may be the part of the Hou e has insisted on the House rate. When defeated. such a rema1·k was made, of course my friend from Utah would Mr. HARRISON. I was not speaking of the Senator, because quirm in his seat a little bit and make a feeble protest that be he never suiTenders. . was going to insist on the Senate amendment, but usually before Mr. SHORTRIDGE. I never do. he would say anything the leader of the Republican Party in Mr. HARRISON. There ma,y be one exception, howeve1· in this body, the other conferee, the Senator from Indiana [Mr. which he did give up. · ' 'VATBON] would speak up and say," Well, I gue s we had better Mr. SHORTRIDGE. No; I may waver a little bit some­ recede on this item." Then the Senator from Utah would say, times, but I do not surrender. "Well, it ain't right, but we have got to do it." Mr. HARRISON. The House conferees gave up on casein That is a pretty n·ue picture of just what happened through­ only when we had insisted that they go back to the House and out the conference on the tariff bill, and that is why, as the get a record vote, and they did not want to confront a record facts reveal, in the ovm·whelming majority of cases where the vote. That is why they gave up on that item. House rates were lower than the Senate rate the House Mr. SHORTRIDGE. That may be. If the Senator will per­ receded and agreed to the higher rates, and where the Hou e mit me further, the House bill carried a rate of 2 cents a pound rates were higher than the Senate rates the Senate conferees on casein, but, aided by others here in the Senate on both sides recede

very much outraged by the statement. That, however, is just 1\!r. SHORTRIDGE. I think that under the law, if it shall exactly what did happen ; the minute the conferees were re­ be as reported, either before the Tariff Commission or if the lea ed there was no effort whatever to incorporate the debenture case should get into a court, an interested party pre ·enting a in the bill. proper petition would be permitted to intervene and be heard. Mr. SHORTRIDGE. I wi h to add that I did not feel out­ l\1r. HARRISON. Oh, yes; an intere :ted party; but we raged at all; I did not feel offended by any remark which the created a consumers' coun el, to be paid by the Government, to Senator from Idaho made. I merely repeat that I did say I sit there and watch the intere ts of the con umer, to withstund had voted again t the debenture, as was well known. I do not the avaricious assaults of certain special intere t in their at­ recall that I took any time to give my rea on for so doing; but tempt to jack up the e rate upon the common rna ·ses of this when the question of releasing the conferees was here under country; and that is the thing we hould have won out on. consideration I merely added, after the Senator from Idaho Mr. SHORTRIDGE. N"o; the point wa whether a labor had made some remarks, that I wished to feel free and to union or men._intere ted in a given rate were entitled to be be free on that que tion, and the Senate released u . heard; and I thought they should be heard. Mr. BORAH. What the Senator said was that the conferees Mr. HARRISON. That i a different proposition. The Sena­ wanted to be free to debate it and di cuss it; that prior to that tor has in mind another amendment. time they had not been permitted to discuss it; that the de­ Mr. SHORTRIDGE. It involve· the same que tion. benture would not be entertained by the conferees on the part Mr. HARRISON. I under tand; but that is another amend­ of the Hou e, but that the action of the Senate could not be ment. considered as an indication that they propo ed to go back to Mr. SHORTRIDGE. I fancy it is. conference and voluntarily urrender it. That i preci ely what Mr. HARRISON. Yes. You had written into thi law that took place. the manufacturers {)f the country might go and prote t at the Mr. HARRISON. Mr. President, there was another amend­ customhouses as to the valuation or clas ·ification placed upon ment there, too, that received little or no consideration. That an article. We maci'e a fight here upon the floor of the Senate. wa one that was offered by the Senator from Nebraska [Mr. We did not want the manufacturers to have that right. We NoRRIS]-a fine piece of constructive work which sought to pro­ thought the Government hould have the right to do it; but we tect the consumers of this country by providing that where an said that labor was just as much entitled to go there and protest article is controlled by a trust or a monopoly and they are fix­ and be heard as the manufacturer . If you permit one, the ing under a common agreement a price that i, exce ive in char­ other hould be permitted. acter to the American con umer, in that ca~e these high­ We put it in the bill, you struck it out, and labor is elimi­ protective duties hall not be applied. The conferees did not nated now; but the manufacturer can go and prote t. That i':l give any con ideration at all to that. That was ju t wiped out a different propo ition from the consumer's conn el that we by common under tanding of the majority members of the Sen­ created in another amendment offered by the Senator from ate conferees and the House conferees. Georgia, and which went out; and I am glad to hear the Sen­ Another one: We fought here for more than a day over the ator from California say now that he was for it. I accept question of giving the consumers of this country the right to his statement, and I am sorry that he wa not tronger in the be heard before the Tariff Commis ion in the fixing or read­ faith than he was, because with the Senator from North Caro­ ju~tment of tariff rates-the consumers' counsel amendment lina and myself, strong as we were for it, insi ting all the time that was championed o eloquently and persuasively by the that it be adopted, we could have adopted it, becau e we would Senator from Georgia [.Mr. GEORGE]. That item received no have controlled a majority of the conference if he had stood consideration. It had not a pon or among the three Senate with u . . conferees representing the majority. :Mr. NORRIS. Mr. Pre ident-- 1\lr. SHORTRIDGE. Mr. Pre ident, why does the Senator Mr. HARRISON. I yield to the Senator from Nebraska. make that statement~ I favored it, and expres ed my view Mr. NORRIS. A~ I under tand, while the Senator from Cali- that it should be retained in conference. fornia mio-ht have been for the amendment, he did urrender on 1\Ir. HARRISON. I will accept the amendment, if the Sena­ it. If he had not surrendered, the majority of the enate con­ tor had been for it-- ferees would have compelled the House conferees either to re­ 1\Ir. SHORTRIDGE. I was for it. cede or to take the matter back to the House. 1\lr. HARRISON. If the Senator bad been strongly for it­ M.r. HARRISON. Without que tion. because the Senator from North Carolina [Mr. SIMMONS] and N"ow, Mr. President, let me take up some of the rate that were my ~elf made a fight for it-we would have won out. put in here and see just what occurred with reference to them. Mr. SHORTRIDGE. So did I. I wish to analyze some of the changes that have been made in Mr. HARRISON. We insisted that the House conferees carry thi conference report. it back to the House, and that an expres ion be made by the On oleic acid, or red oil, the rate of the present law is llh Members of that body. If the Senator bad been strong in the cents a pound, which amounts to about 12 per cent ad valorem. faith, if his arm had not grown weak, if his enthu ia m had not The Hou~e put the rate at 25 per cent ad valorem. The Sell­ waned, if his voice had not become stilled, he would have stood ate re tored it to the rate of the pre ent law, llh cent . ThP. with the Senator from North Carolina and myself, and we House conferees insisted upon the House amendment, and em­ would have carried the point. As a matter of fact, his insist­ ployed the argument that this article was manufactured in the ence was so weak that I do not now remember it. I accept his great city of Cincinnati, and that the Speaker of the Hou e statement, thougl~. that he was for it. I know that in some of Representatives [Mr. LoNGWORTH] was vitally intere ted in instances the Senator did differ for a few seconds from his it, and that they could not afford to recede on it; and they colleagues. pleaded with the Senate conferee to recede on this item. Of Mr. SHORTRIDGE. Mr. President, if the Senator will per- cour e that argument wa unanswerable, and the Senator from mit me-- Utah and his colleagues of the majority immediately receded 1\!r. HARRISON. Yes. and gave to Mr. LoNGWORTH this increa<;;!ed rate on red oiL 1\Ir. SHORTRIDGE. In the Finance Committee, the Senator The exportations of thi article for 1928 were 6,259,000 will recall, I favored that proposition. In conference, I favored pounds. The production in this country in 1928 was 64,400,000 it; and while I did not make a speech or yell or howl or com­ pound ; and yet it was a Cincinnati product, and the House ment upon others, I urged that that provision be left in the had to insist on it, and the Senate conferees di regarded the bill. facts and said, " Let us recede and give them the increase." 1\Ir. HARRISON. I will accept the Senator's contention. On gallic acid the House rate was 10 cents a pound. The Sen­ .Mr. SHORTRIDGE. I do not want to o-et personal about this ate fixed it at 6 cents a pound. The House receded on this or any other item which was in conference. item. This is one of the items on which the Hou e receded, Mr. HARRISON. Why, nothing ever becomes personal be­ where the House rate was higher than the Senate rate. Why? twe n the enator from California and myself. He is too likable Becan~e the production is half a million pound , and there were and generou . I may pity him, but not dislike him. no importations in 1928. They had to give in. There wa not Mr. SHORTRIDGE. I reciprocate that expression. I want any rea on for standing out. rrhere was no r~a on, in the first to say to the Senator that I think now, under the law, an in­ place, for the increa e from 6 to 10 cents; and so, there not being tere ted party may be heard before the commission ; and if the any importations, they said, "We recede." That is one of the ca ·e should go into the comts, I think any judge worthy to in tances pointed out hy the di tinguished Senator from Utah, sit on the bench would entertain a petition of an interested where they won a gi'eat victory in the conference by keeping party to intervene, and permit the intervener to be heard in intact the reduction that the Senate bad made. respect to a given rate. On pyrogallic acid, the importations of which have been l\1'r. HARRISON. So the Senator is condoning his course negligible for 10 years, the Senate reduced the Hou e rate of now in regard to the new amendment touching flexibility. There 15 cents to 10 cents; but here is the incon ·istency : Although is no need for it. the importatio!!s h~ve been negligible for 10 years, the House 1930 CONGR.ESSION AL RECORD- SENATE 9927 conferees insisted, and finally won out on a 12-cent rate, higher The PRESIDING OFFICER (Mr. FESs in the chair). Does than the Senate rate. the Senator from Mis is ippi yield to the Senator from Cali­ Digitalis : Ah, there was a pretty story. Digitalis is made fornia? from the little wild flowers, or might be made from the little Mr. HARRISON. I yield. wild flower -norre is made from them-that grow out in Oregon. 1\Ir. SHORTRIDGE. I am curiou to know whether euca­ That was the argument presented. There is no production in lyptus can not be planted and produced and developed in 1\fissis­ this country. We do not make digitalis-that great medicine sippi, just as well as in California? that sustains the heart, and has saved, no doubt, thou ands of 1\Ir. HARRISON. That was the argument presented by the human lives. We had put it on the free list; but the House Senator from California, and that is why, I pre ume, he won out. wanted a rate on it, becau e the wild flowers from which it is Mr. SHORTRIDGE. As a matter of information, are those made grow out in Oregon, and 1\:Ir. HAWLEY put up that argu­ trees grown at all in Mis is ippi? ment. When we said, " Why, there i none produced in this 1\Ir. HAitRISON. No; unfortunately, that is one tree that country," he aid, "Well, ~e may produce some in this country doe not now grow in 1\Ii issippi. some day." So now this medicine-digitalis--is to bear a higher Mr. SHORTRIDGE. I believe it would. cost to those whose lives are ebbing away, because the little 1\fr. HARRISON. I think it would. too, because anything wild flowers from which it may be made grow out in the State that is good grows in l\iissis ippi. of Oregon! l\Ir. SHORTRIDGE. That is true. We brought them up Here is where the Senator from California slipped a peg. I from Australia and planted them in California, and they grow do not know why he was asleep when we reached that item­ and tluive, and I think th0y would thri1e in Mississippi. belladonna. It is on all four with digitalis. In the present law 1\Ir. HARRISON. Yes; I am sure they would thrive down belladonna carries the same rate as digitalis, which bas never there. been produced in the .United States--neither one of them-ex­ Paint and colors in tubes and jars and cakes, used by the cept to this extent : chool children. Senators will remember the fight we made Belladonna is made from a plant of some kind, and it is said here; how time after time the e high rates were defeated. that €r cent! I accept be needed by the people of the United States when this bill the amendment. goes into effect. Soclium chlorate carries a duty of 1lh cents a pound now. The Senate put it on the free list. The House conferees, under Mr. HARRISON. Need these and more-especially digitalis. the leadership of the chairman of the House conference [l\lr. If they vote for this report they will need no more nerve tonic, HAWLEY] insisted on the rate of llh cents, and won out. but after the election a heart stimulant. There is but one plant in the United States making that Edible gel~tin: Here i something in which my friend from article, and that is up at Niagara Fall . That was the evidence Massachusetts, Mr. TREADWAY, was interested. Not only were on the propo ition. Yet the item is to bear this high rate. the conferees not restrained from their eagerness for the higher What mysterious influence got it I do not know, but those rate by such a little thing as exports being g1·eat1y in ex­ were the facts before the conference. It is a product used for cess of imports but they were likewise not restrained by find­ the killing of weeds by the farmers of the country, something ings as to difference of cost. When we reached the item of which would have helped them. But no; this one concern up edible gelatin the House had won out in a great many instances, near the scenic beauty of Niagara makes it, and they won out and I think either my colleague from North Carolina [Mr. SIM­ and got this rate. The farmers could let the weeds grow up MONS] or myself bad prodded the chairman of the Senate com­ in their patches and in their fields, but they could not have mittee a little bit and he just said, "Well, we recede. We just this product at a reasonable price. They must pay the still give up on everything. There is no reason to make a fight on higher rate carried in this bilL that proposition"; and then it was that the gentleman from Mr. NORRIS. Mr. President, will the Senator yield? Massachusetts won out in his contention for a higher rate on Mr. HARRISON. I yield. edible gelatin. Mr. NORRIS. What is the item about which the Senator is Epsom salts : The rate of the present law is one-half of 1 talking now? cent per pound. The House put the rate at 1 cent. The Senate Mr. HARRISON. Sodium chlorate. placed it at llh cents. The House conferees insisted, and they Mr. NORRIS. That is made in only one place? obtained a rate of three-fourths of a cent. The importations, Mr. HARRISON. One place. while fluctuating from year to year, have not, during the present Mr. NORRIS. It takes a good deal of power to make it? law, shown any upward trend at all. Mr. HARRISON. Yes. Eucalyptus oil : There is another California product. Let us Mr. NORRIS. That i~an instance of where the great Power see about eucalyptus oil. Trust got in its work. They are in competition, in the manu­ The importations are quite large. The conferees finally ef­ facture of that article, with cheaper power just across the line, fected a compromise. First, the Senator from California did taken from the same river, and they have to make more money not win out. They put eucalyptus oil on the free list; but then on fuis side in order to carry on the nation-wide propaganda he renewed his eloquent attack upon the House conferee and in in favor of the Power Trust in this country. So they have to his persuasive and genial manner finally gained something, not have a larger profit, and, of course, they have to have a tariff all, but be got 15 per cent on eucalyptus oiL Of course, while to protect that high profit. they do not produce now in California, some day maybe they l\Ir. HARRISON. Let me say to the Senator that there is will. no competition between the foreign product and the American Mr. SHORTRIDGE. Mr. President-- product, because the foreign article sells for a higher price than LXXII----626 9928 CONGRESSIONAL R.ECOR.D-SENATE JUNE 3 the American article. That is a peculiar instance in that re­ 1\fr. HARRISON. He made a fight, but he maue a lo 'ng gard. But our production has been climbing and climbing and fight for the duty. His fight did not carry. We put carillon climbing. In 1924 it was only 1,452,000 pounds. In 1929 it bell of certain number on the free list was 4,792,000 pounds. But this concern which had shown this Mr. GLENN. I recall, and I think I am correct in thi , that enlarged production needed some tariff. It had probably con­ he did make a desperate fight for a high duty. tl'ibuted to the coffer of the political party in control of the l\Ir. HARRISON. Yes; he opposed the amendment. Senate. So they got what they wanted. Mr. GLENN. So it was a Democratic move, rather than a Now, let us go to the earthenware schedule. On tilings, Republican move . . o-called quanie or quarry tiles mea uring seven-eighths of an Mr. HARRISON. HP. did not e•en have any influence in the inch o1· o-ver in thiclrnes , which i the chief tiling used by the matter with the Senator from Illinoi . The Senator from Illi­ farmers in flooling and paving and in ditching, tiles commonly nois took our position on it. u. ed by the farmers of the country. l\Ir. NORRIS. Mr, President, I do not want to let pa s un­ The Senate, on motion of the Finance Committee placed a noticed the statement that these bells are made in Ma achu etts duty of 30 per cent ad valorem on the e articles. The House or in New York. The Senate amendnient would not ha\e inter­ placed a l'ate of 1 cent per squru:e foot, which averaged about fered in· any way with any carillon bells made in the United G9 per cent ad -valorem. The Senate conferee receded before States. That amendment applied to a number of carillon bells the House conferees could in ist on their amendment. The con­ included in a set. In those sizes, they are not manufactured fer e · announced that they wanted to recede, but the Senate and never have been manufactured in the United tates, al­ conferees, doing the Alphon e-Gaston act, were quicker than though for seven years there has been a duty of 40 per cent on the Hou e conferee . The Senator from Utah [Mr. SMOOT] them. The amendment pro\"idecl that when these bells were in isted upon the high House rate, because the House conferees brought into this country, if they were to be u ed for a carillon hnd turned down a Senate amendment greatly increa ing the in a clmrch, or university, or any other ea.ucat:onal in titution, duty on strips and trims. Yes, at that particular time they there hould be no duty whatever levied upon them. But there got a little feeling up. The Senator from Utah got angry with is a duty still remaining on the kind of carillon bells manu­ them over the strips and trims, and then it was that he differed factureti in this country. from his colleagues, but quickly receded. Mr. HARRISON. The Senator is correct. Statue..., and statuettes of plaster of Pa:ris. They did not Mr. NORRIS. So, when Senators say that these bells are pare the churches. Senators remember the fight we made here manufactured in Ma sachusetts or in New York, they are mis­ about carillon bells. We won in that fight. We also won in taken. the fight on the rates on statues and statuettes made from Mr. HARRISON. The Senator is correct in his statement. pia ter of Paris, which go into the churches largely. But the Mr. GLENN. Mr. Pre ident, will the Senator yield further? Senate conferees :receded to the higher rate. Mr. HARRISON. Yes ; I yield. Mr. NORRIS. Mr. President, I do not want any misunder- Mr. GLENN. . Does the Senator from Nebraska intend to standing. We won out-- convey the meaning that no carillon bells at all are manufac­ Mr. HARRISON. We won out, and then lost out. tured in the United State , in New York or in Ma achusetts? Ml'. NORRIS. The Senator refers to the fight in the Senate? Mr. NORRIS. Tho e that are put on the free list are not Mr. HARRISON. Oh, yes; I am not talking about the fight manufactured in this country. I am going to discu s the matter in the conference. - later on fully, but the Senator must remember that when you Mr. NORRIS. After we won that fight on carillon bells, and peak of the larger cal'illon bells you get into a realm that is convinced e-verybody, and got it adopted finally by unanimous entirely different from that of the smaller bells. vote, my und er:~t anding is that when they got behind the closed Mr. GLENN. I under tand. doors in the conference committee the majority immediately Mr. NORRIS. Some of the small carillon bells are made receded and made no effort to insist in thi country. We did not take the tariff off tho e in the Mr. HARRISON. Let me tell the Senator what happened Senate amendment. We took it off the larger bells, which are in the conference. Immediately wpen that item was reached, not made here, and can not be made here, and although we my friend, the alert Representative from Ma sachusetts [Mr. have had a tariff on them of 40 per cent for seven years, not TREADWAY], who is always treading for a higher rate, put his a single one of those bells has ever been made here within that nose into his papers. Some one who manufactures that kind length of time. of bells up in his section of the country or somewhere had written him a letter, and although he had chaml}ioned a bill in Mr. GLENN. I think that is correct, and it was on that the Hou e of Representative to put carillon bells upon the free theory, ns I recall my vote, that I voted with the Senator from list, in one instance, when some church wanted that done, in Nebraska. this instance he would not stand for it, and made a heroic fight. Mr. NORRIS. The Senator did. The work we had done in the Senate with respect to carillon Mr. GLENN. I do recall that the Senator from New York, bells was destroyed, and they put a duty on them in the confer­ [Mr. COPELAND]-- ence report. Mr. NORRIS. He opposed the amendment to the very b st That is the way this thing works throughout. If the Ameri­ of hi ability. He made a great fight against the amendment, can people knew what was in this conference report and could it is true. impress their will upon the Senators here, it would not get any Mr. GLENN. That is the point I was trying to make. votes in this body. Mr. NORRIS. The Senato1· is correct in that. He did op­ Mr. GLE1\TN. Mr. President, will the Senator yield? pose the amendment. But when we finally got through with Mr. HARRISON. Yes; I yield. the debate, exhausted it, the Senator from New York sur­ Mr. GLENN. My recollection is, and I think I am correct, rendered. It will be found that there was no roll call. We that the duty upon carillon bells was the result of a verY- des­ reached a unanimous conclusion. We debated it to the very perate fight waged for the duty by the Senator from New York limit, and the Senator from New York, who hone tly thought [Mr. CoPELAND]. he was propo ing to protect an industry in his State, di covered, Mr. HARRISON. The Senator from Nebraska [Mr. NoRRis] when we got through, that my amendment would not injure his offered an amendment on the floor of the Senate with reference State, and he voted for it himself. to carillon bells, and I think the Senator from Illinois voted for It was a unanimous conclusion. It would not have thrown a that amendment, because he no doubt wants carillon bells to single man out of employment It would not have interfered come in free of duty; does he not? with a single bit of business in the United States. When the Mr. GLENN. I believe I did want it, but I think the duty conferees receded they simply took the position of ta:ring re­ was the result of a fight made by the Senator from New York ligion, education, science, and philanthropy. It is as indefensi­ [Mr. CoPELAND]. ble a propo ition as ever was propo ed anywhere in any bill. I Mr. HARRISON. The Senator is just as much mistaken can not see how anyone who has any love for the beautiful or about that as he is about a lot of matters touching the tariff respect for the churches or colleges or religion can stand for fight. the action of the conferees in receding on the amendment. Mr. GLENN. Tbat may be. Mr. HARRISON. Of cour e the Senators who champion the 1\fr. HARRISON. I know what happened in the conference, report know that they will bear more of the toll of the bells and it was a fight that was waged by the conferee on the part than the chimes of the bells hereafter. The Senator from Ne­ of the House, Mr. TREADWAY, that finally won. braska stated the fact when he said that in this country we do Mr. GLENN. I think the carillon bells made in this country not make carillons having more than a certain number of bells. are manufactured in New York State, and I believe I am cor­ Time after time bills have been introduced and pas ed the Sen­ rect in saying that the Senator fi·om New York [Mr. CoPELAND], ate to permit churches or schools to import free of duty carillon a Democratic Senator from New York, made a desperate and bells from England or Holland, where bells of this designation winning fight for this high duty, !U'e manufactured. I recall such a bill introduced by the l~te 1930 CONGRESSIONAL RECORD-SENATE 9929 Senator Lodge, of Massachusetts, when he was Republican consumer. The steel interests had friends at court, and they leader in the Senate, and that bill passed the Senate. took care of them with alacrity and suc~ess. :Mr. NORRIS. Yes; and another bill was passed relating to Then we come to Fourdrinier wire. Senatol'S will not forget bells to be used in the State of Iowa. I have a bill pending now the discussion on this item where it was shown that the few before the Finance Committee with the same object in view, of manufacturers of Fourdrinier wire in this country increased the remitting the taxes collected from a church in my State upon price to the consumers along with the increased price charged by · the importation of such bells. the importers of the same article. The demand was made for the There are very few of these bells in the country. When we higher increased rates provided by the House and the Senate get into the class of the larger bells, the Americans have never conferees gave up. Hearings were had before the committee on gone into their manufacture. It is something that is as differ­ this article, from which I quoted in the discussion in the Senate. ent as different can be when we get into the larg3r bells. The I quoted the Senator from PennsylT"ania [Mr. REED] and also manufacture of those bells and the methods used have been \Vhat had been said by Mr. Edge, who now graces Paris as handed down from one generation to another in Holland and in our minister to France, and who then was a member of the Great Britain, where they are manufactured. They are not Finance Committee and served on the subcommittee consider­ manufactured anywhere else. Nobody else has followed along ing this item. They said at that time there was no justification in their manufacture as has been done in Holland and Great for a higher duty on Fourdrinier wire. That was the expres­ Britain, where they have kept up the bu iness almost century sion of their views then, and yet the Senate conferees gave after century. up because this wire i made in some section from which came Mr. HARRISON. What wa done with reference to carillon some of the conferees representing the majority party. bells was done likewi e with reference to statues and statuettes Autoclaves: The Senator from Oklahoma [Mr. THoMAs] which go into the churches of the countt·y. knows what this item is and what these articles are. They Then we reach the item of graphite. It will be recalled that carry at present an ad valorem duty of 25 per cent. The Hou e an amendment was offered by the Senator from Alabama [Mr. fixed a rate of 40 per cent and the Senate reduced it to 25 BLAcK] providing a definition of graphite. The amendment was oer cent. The conferees compromised at 35 ner cent. There accepted by the chairman of the Finance Committee and was are no statistics of imports, and the Tariff Commission found a agreed to by the Senate, but when we got into conference that record of imports of only 30 tons in the last three years, and would not do at all. The Dixon Co., strong competitors of the yet that justified a higher increased duty, which will, ot course, Alabama graphite, do business in New Jersey, and 1\Ir. BACHA­ cost the oil people of Oklahoma and other oil States more RACH, one of the Hou e conferees, just said, "No; we will not money. There are only two companies producing them in this stand for that," and he won out. country, the Midvale Steel Co. and the Bethlehem Steel Co. Mr. President, the majority members of the conferees on the Oh, of course, they need some higher protection. They are not part of the House had a peculiar arrangement. I dare say that doing \ery well. They are in a bad fix financially, so the min­ such an arrangement was never before entered into or planned istering hand of the Government mu t be extended to them in or perfected or carried out with such precision in the history the form of these higher rates upon this article, so they can of tariff adjustments or any other legislation. The majority increase their profits and enlarge their dividends to their members of the House conferees had an understanding which stockholders. was absolutely unbreakable, irrevocable, that when one objected Aluminum ware: Senators will remember the fight made to a proposition the other two would stand with him. Those here on aluminum kitchen utensils, household utensils, hospital three "'entlemen stood as a unit. They went up the bill together utensils, made out of aluminum. The Senate knew what it was with their bundle of higher rates, and they never lost sight of doing. The Senate conferees had no idea of standing by the their purpose. They could not be detoured or turned to the Senate reduction from the House rates. They compromised, opposite direction. When Mr. TREADWAY said "I want this but they compromised by increasing the rate adopted here as done," Mr. HAWLEY and Mr. BACHARACH said, "Amen! It shall be the judgment of the Senate, giving to this great monopoly, the done." When Mr. BACHl..RACH said, "This proposition must Aluminum Tru t, further license to exact higher prices on carry," the other two members of the House conferees represent­ hou ehold uten ils made from aluminum in this country. Un­ ing the majority immediately said, "We are with you in the justifiable in character and indefensible in purpose is this in· fight." creased tariff rate; but the majority conferees heard their mas· So, when graphite was reached Alabama was forgotten but ter's voice and granted a rate which will place heavier burdens New Jersey was con idered. Mr. BACHARACH's constituents were upon every consumer of aluminum utensils in this country, interested and l\lr. HAWLEY and Mr. TREADWAY stood with him, whether they go into the household generally or into the and so the amendment of the Senate went out and Alabama kitchen. graphite ignored. On electrical instruments and apparatus such as motors, When we reached the item of glass, in which the Pittsburgh fans, furnaces, heaters and stoves, and electric refrigerators, the Glass Co. are largely interested because they make quite large Senate placed a duty of 30 per cent ad valorem. The House profits and declare quite large dividends, the Senate conferees conferees insisted upon their higher rate and won, and there did not insist with that enthu iasm with which the Senate was a 35 per cent duty placed upon these items. These elec­ itself adopted the amendment touching the item of glass. The trical implements which now find their way into the poor House conferees insi ted and won out with an increased rate people's homes, as well as into the mansions of the rich, have over the Senate rate. become almost necessaries of life. Nevertheless the majority Then we come down to granite. There was a pretty story conferees give to the gigantic monopoly which manufactures inT"ol\ed in that. When granite is shipped, of course, it has to these electrical appliances-and the companies can be counted be pitched and lined, as it is called up in New England. We on three fingers of one's band-this greatly increased rate over had inserted a certain definition in reference to pitching and the present law. lining granite, but it was de ired that high protection should be The production and exportations of these electrical appliance granted and an increa ed rate put upon granite whether it was have grown rapidly. The production in 1927 was $1,300,000,000 pitched and lined or not. If it is merely chopped out so it can worth and the importations were only $1,770,000. In other be thrown into a box car for shipment without having the sharp words, we produced sixty-eight times as many in value of these points trimmed off it had to carry a higher rate, and so after appliances as we imported into the country, and yet the ma­ a brief effort the Senate conferees conceded the point, gave up jority conferees gave this increased duty. the definition, and put the higher rate upon granite. On surgical instruments, bought and used by the surgeons We came next to granular sponge iron. It is not commercially of the country and which no doubt enter into the prices they produced in the United States. All of it is imported. The will charge for the services they render to humanity in per­ Hou e placed a duty of $6.72 a ton and the Senate reduced that forming their operations, including hypodermic needles, forceps, to 75 cents a ton. Finally the Senate conferees receded and a whether made from iron, copper, steel, brass, nickel, or alumi­ compromise was mad · 1pon a rate of $2.25 a ton upon an article num, the rate fixed by the Senate was 45 per cent ad valorem. which is not commercially produced in the United States. It is The House conferees insisted upon the higher duty and wou used in the manufacture of tools which the mechanics of the out, and the rate now fixed is 55 per cent ad valorem. That country use and have to buy. is an example of the way the American people are treated Of course, when we reached silicon and aluminum the Senate throughout the conference report. They may become numb to conferees gladly accepted the higher rates of the House and re­ it, but if they ever find out the many abuses and outrages that ceded from the action of the Senate. nre written in the increased taxes placed upon them there will When it came to pig iron, the Senate conferees could not be universal protests and a condemnation fastened on every man be quick enough to recede on that important item, which is used who votes for the conference report. so extensively in the United States, and upon which the in­ Ah, those who think, after voting for the conference report, creased rate will be reflected in increased costs to the American that they can go back to their constituents and say, "We voted

... 9930 CONGR.ESSION AL RECORD-SEN ATE JUNE 3 for it becau e we were anxious to get the measure out of the quickly as possible," but I say to them they will not get it out way," will ha\e to answer none the less to their con tituents of the way until they shall be given an opportunity to know for every one of the e items upon which increased tariff rates what is in this conference report. · ha--ve been levied. The people understand the situation. Some The friends of the measure may absent them elves from this Senators may think thei.r constituents are not mindful of what Chamber; they may clo e their ears to what it is all about is going on here ; that they do not recognize the many abuses but the Senate is the voice of the Nation; the American ppopl~ that may be heaped upon them by legi lation; but the American have ears; they are not deaf and dumb, as are some who will people are growing wiser all the time ; they are alert, and they not take advice while this bill is pending in the United States will understand the drama~no; tragedy-which is being acted Senate. here in the adoption of the pending conference report on the ~Tow, let me proceed further, Mr. President, with an analysis tariff bill. of the rates carried in the bill a agreed to in conference. I realize that there are now many Senators out of the . As I have said, a higher rate has been imposed upon surgical Ohn.mber. They will not listen to the arguments against the mstruments, which are needed in order to save human life. pending measure, because they have already made up their Thereby perhaps the cost of an operation will be made dearer minds to vote for the conference report. They may ay to their to the poor mother or child who is stricken and needs the best constituents When they are confronted by the increased rates surgical attention. Surgical instruments must bear a higher which have been put upon the people that they did not know burden of cost because of the increase in the tariff duty from they were in the bill However, it is their duty to be here ; they 45 per cent to 55 per cent. ought to familiarize themselves with every change which is made I come next to drawing in trnment . There is one concern in in this proposed tariff law. the United States which rna~ drawing instruments. That Some Senators may say, "Let us get the tariff report out of concern i located in Philadelphia. A higher rate has been im­ the way as quickly as pos ible; busine is halting because of posed upon drawing instruments. the uncertain attitude of Congre s with reference to what C<>n­ gre s and the President intend to do as to the proposed legisla­ / Watches! What the conferee did with reference to the watch tion." Well, if busine is halting for that .reason, it is not the .litem makes an interesting story. The bill now carries rate fault of tho e who ru:e standing here now fighting against these of duty on watches higher than were ever dreamed of before. propo ed. increased rates. Congre s is now considering the The sky i the limit. Some SwLs jeweled watches were coming tariff bill because P1·e ident Hoover thought it was a wi e thing in, and some cheap watches were coming; the watchmakers to ask Congress to do. It was he who laid this orphan upon were in bad hape· in this country; 1\Ir. Eler have been a free trader. I do ·I cnn not believe it. You may take your poll; the chairman not believe in free trade. I believe in a competitive tariff rate, of the Finance Committee may sit sedately back with a smile and I believe in a bipartis-an or a nonpartisan tariff commis­ upon his face ·and his chest stuck out, and say, "I have enough sion of experts, free from Executive influence, free from c)omina­ vote to pass this bill," but I will not belie'"e it until the final tion by the chairman of the Finance Committee of the Senate vote i taken. It will be a tragic day for the Republican Party or the chairman of the Ways and Means Committee of the House, when the bill is passed, and it will be a tragic day for the gen­ free from the President, or other influences, free from giving tleman in the White House when he signs the bill. any facts except those found by experts and by their finding to I just wonder in my own mind -what would happen to this equalize the difference in cost of production here and abroad bill if it should pass the Senate and pass the House and go up to upon competitive articles; but you do not belieYe in that. You the President of the United States, and he should veto it and will not accept those facts at all. You care not if there are no send his veto back here. You, on the other side of the aisle, who importations nor competition from abroad. You care not if the think now you are going to vote for it would scamper like rats article is controlled by a monopoly. You ju ~t impose duties away from it, and try to uphold the hands of the President of whether or not. the United States. The Senator from Utah would be the lone Here was a case that I am going to point out in a few mo­ sentinel on watch, like the boy who "stood on the burning deck." ments, the case of maple sugar and maple !irup, where the He alone would be here championing the bill, and voting to over­ Tariff Commission of President Coolidge went out and investl· rjae the veto of the President of the United States. gated the difference in cost of production on a product that 9932 CONGR.ESSION_A_L RECORD-SENATE JuNE 3 grows in President Coolidge' own State of Vermont; a product a po ition of such significance and all-importance that clothes­ that should have been closer to him, perhap , than anything pins won out, and the people who henceforth, now and forever, else. They made a unanimous report, and that report was that may have to buy a clothespin will find the price increased. on maple sirup there was a difference here and in Canada of Votes were needPd to pass the tariff conference report. Mr. 31h cents a gallon, and that on maple sugar the difference was TREADWAY was on the conference committee from New England. 5.3 cents. That was the finding of the commis ion ; and not­ Clothe pins are New England products. They are made in Ver­ withstanding that finding Mr. Coolidge refu ed to accept it, and mont. The vote of the two Vermont Senators were needed on pigeonholed it. It is up there now, and nobody ha heard of the conference report, and the distinguished enior Senator from it ince ; and yet in this conference report, led by the Senator Vermont had a ked for very little in the tariff discu sion. The from Utah, you put a duty of 8 cents on maple sugar, neal'ly only two items on which be had ru:ked for anything were maple 3 cents higher than the Tariff Commission found, and you put uO'ar and clothespins, and why not give him'lOO per cent return a duty on maple sirup of, I think, 6 cent or 6lh cents-a because he had stood here \aliantly, in season and out of season, much higher rate than the Tariff Commission found or the voting for all the increases and against all the fights we had facts justified. made for reductions. So the di tinguished Senator from Utah That is your idea as to how to write a tariff bill. If some voiced approval and stated that the Senate ought to in i t on constituent of yours come here and says, "Well, we have a the duty on clothespins. 'l'hen there was a little whispering in bu iness; it is true we have not made any money; we are just the ears of the other conferees, and finally the Hou e conferees struggling along, and we want that rate increased," you vote receded on clothespins, and now the distinguished Senator from for the increase. You do not care anything about the facts. Vermont i made happy. The Senators from that State can vote You have lost the old Republican philo ophy and theory that the for this conference report because it bears a higher duty on men who have gone before have advocated, and upon which, in .clothe pins and maple sugar. many instances, the bills were framed. This bill is not framed The Senator from Utah wa so eager to carry out that request on any such idea as that. The stronger the influence that could of the Senator from Vermont that he really had forgotten what be wielded by some interest in Utah or somewhere else the he had told the Senate while the maple-sugar item was up for greater the demand. That has controlled the framing of this discussion. Senator will remember how the Senator stated bill. That is the trouble about my friend from Michigan and upon the floor one day, "Well, they are giving a bounty to the those of us he talks about who voted for this item or that item. sugar producers up in Canada, and we mu t give them this in­ Yes; I voted for some of the items in the bill. I voted for a crease. If I should find that there is no bounty given by the duty on ca ein, for instance, upon the floor of the Senate. I Canadian Government, of course I would not stand for it." So would not go as high as many wanted to go. it was accepted tentatively on that theory. Then we had a let­ I v~ted for a tariff upon long- taple cotton. Why? Because ter. Senators "'ill remember the epistle. It had a seal on it the facts justified it, and no one who has ever studied the mat­ and had a blue or red or pink ribbon under the seal. It was ter will deny the facts. Where the importations are 400.000 from the minister of agriculture at Toronto, and there was one bales a year, and the production is a little more than 800,000 from Quebec or some place el e up there. They said, "No; we bales a year, there is keen competition in the particular product, have never given any bounty on the production of maple sugar and there is a justification for some kind of rate on that product. up here. We know nothing about it. We did at one time lend I would not go as high as some wot;Ild want me to go, and as to some plant, which wanted to put up a factory, fifteen or the demand was made to go, to 22 cent . No ; but I went to 7 twenty or twenty-five thou._ anJune 2, 1930: coalition was beginning to work just then. That was the first S. 218. .An act to place Norman A. Ross on the retired list of schedule in the bill, the chemical schedule. We put over innu­ the Navy; merable reductions, of which the Senator is familiar; and the S. 286. An act for the relief of Thelma Phelps Lester ; coalition was not disrupted until Mr. .GRUNDY, the arch lobbyist. S. 888. An act for the relief of Ffancis J. McDonald; 1930 CONGRESSIONAL RECORD-SEN ATE 9937 S. 1309. An act granting six months' pay to Mary A. Bour· The message also announced that the Bouse had agreed to geois; the amendment of the Senate to the bill (H. R. 12302) granting S. 1572. An act for the relief of the Allegheny Forging Co. ; pensions and increase of pensions to certain soldiers and sailors S. 2245. An act for the relief of A. B. Cousins ; of the Civil War and certain widows and dependent children S. 2524. An act for the relief of J. A. Lemire; and of soldiers and sailors of said war. S. 3189. An act for the relief of th~ State of South Carolina The message further announced that the Bouse had agreed for damage to and destn1ction of roads· and bridges by floods to the reports of the committees of conference on the disagree­ in 1929. ing votes of the two Houses on the amendment of the House to each of the following bills of the Senate: MISSISSIPPI RIVER BRIDGE AT BETTENDORF, IOWA S. 108. An act to suppress unfair and fraudulent practices in l\Ir. DALE. I ask leave to call up the bill (B. R. 11282) to the marketing of perishable agricultural commodities in inter· extend the time for commencing and completing the construe· state and foreign commerce; and tion of a bridge across the Mississippi River at or near Tenth S. 3531. An act authorizing the Secretary of Agriculture to Street in Bettendorf, State of Iowa. enlarge tree-planting . operations on national forests, and for There being no objection, the Senate proceeded to consider other purposes. the bill. The message al o announced that the House had agreed to The bill was read, ordered to a third reading, read the third the report of the committee of conference on the disagreeing time, and passed. votes of the two Houses on the amendments of the Senate to NAVAL APPROPRIATIONs--cO:r-."'FERENCE REPORT the bill (H. R. 12013) to revise and equalize the rate of pension to certain soldiers, sailors, and marines of the Civil War, to 1\fr. PHIPPS submitted the following report: certain widows, former widows of such soldier·, sailors,. and marines, and granting pensions and increase of pensions in The committee of conference on the disagreeing votes of the certain cases. two Houses on the amendments of the Senate to the bill (B. R. 12236) making appropriations for the Navy Department and REVISION OF THE TARIFF---CONFERENCE REPORT the naval service for the fiscal year ending June 30, 1931, and The Senate resumed the consideration of the report of the for other purposes, having met, after full and free conference committee of conference on the disagreeing votes of the two have agreed to recommend and do recommend to their respective Houses on certain amendments of the Senate to the bill (B. R. House ' as follows : 2667) to provide revenue, to regulate commerce with foreign That the Senate recede from its umendments numbered 7, 8, countries, to encourage the industries of the United States, to 16, and 26. . protect American labor, and for other purposes. That the Bouse recede from its disagreement to the amend­ Mr. McNARY. Mr. President, I suggest tlie absence of a ments of the Senate numbered 2, 9, 10, 11, 12, 13, 14, 15, 18, 21, quorum. 22, 23, and 25 ; and agree to the same. The PRESIDING OFFICER (Mr. PATrERSO~ in the chair). Amendment n·umbered 1: That the Bou e recede from its The clerk will call the roll. disagreement to the amendment of the Senate numbered 1, The Chief Clerk called the roll, and the following Senators and agree to the arne with an amendment as follows : In lieu answered to their names : of the sum proposed insert "$421,000"; and the Senate agree Allen Glass McKellar Smoot Ashurst Glenn McMaster Steck to the same. . Barkley Goff McNary Steiwer Amendment numbered 4: That the Bouse recede from its Bingham Goldsborough Metcalf Stephens di agreement to the amendment of the Senate numbered 4, Blaine Gould Moses Sullivan Blease Greene Norbeck Swanson and agree to the same with an amendment as follows : In lieu Borah Hale Norris Thomas, Idaho of the sum proposed insert "$4,720,000"; and the Senate agree Bratton Harris Nye Thomas, Okla. Broussard Harrison Oddie Townsend to the same. Capper Hastings Overman Trammell Amendment nllmbered 19: That the Bouse recede from its Connally Hawes Patterson Tydings disagreement to the amendment of the Senate numbered 19, Copeland Hayden Phipps Vandenberg and agree· to the same with an amendment as follows: In lieu Couzens Hebert Pine Wagner Cutting Heflin Pittman Walsh, Mass. of the matter inserted by said amendment insert "$74,000; in Dale Howell Ransdell Walsh, Mont. all, $6 0, 06 " ; and the Senate agree to the same. Deneen Johnson RobinsonJnd. Waterman Amendment numbered 20: That the Bouse recede from its Dill Jones Robsion, fi.y. Watson Fess Kean Sheppard Wheeler disagreement to the amendment of the Senate numbered 20, Frazier Kendrick Ship tead and agree to the arne with an amendment as follows: In lieu George La Follette Shortridge of the sum proposed in ert " $16,321,125 " ; and the Senate agree Gillett McCulloch Simmons to the same. The VICE PRESIDENT. Eighty-one Senators having an­ Amendment numbered 24: That the Bou e recede from its swered to their names, there is a quorum pre ent. disagreement to the amendment of the Senate numbered 24, Mr. 1\Io:NARY. Mr. President, I propose the following unani· and agree to the arne with an amendment as follows : In lieu mons-consent agreement, and ask that the clerk read it from of the matter in erted by said amendment insert "(not to the desk. exceed $20,000), in the Navy Department and in the field," and The Chief Clerk read as follows : on page 48 of the bill, in line 19, after the word " and," insert It is agreed by unanimous consent that at 4 o'clock p. m. on " store- " ; and the Senate agree to the same. to-morrow the Senate proceed to vote upon the question of agreeing to The committee of conference have not agreed on amendments the pending conference report on the tariff bill. numbered 3, 5, 6, and 17. FREDERICK HALE, Mr. Sil\IMO~S . Mr. President, I object. 0 L. C. PHIPPS, Mr. McNARY. Will the Senator from North Carolina consider CARTER GLASS, a later date? CLAUDE A. SWANSO~, Mr. SIMMONS. On to-morrow I will consider a later date, Marwoers on the part of the Senate. but I shall have to confer with some other Senators. BURTON L. FRENCH, Mr. M NARY. The Senator is not prepared to consider a GUY U . HARDY, later date at this time? JoHN TABER, Mr. Sll\11\fONS. No; not at this moment, but I shall be able w. A. AYBES, to tell the Senator to-morrow. :Mr. McNARY. Is the Senator or are others prepared to w. B. OLIVER, Manage1·s on the pa1·t of the House. di cuss the pending proposition? Mr. SIMMONS. I suppose some speeches will be made this The report was agreed to. evening. The VICE PRESIDENT. Objection is made to the request MESSAGE FROM THE HOUSE for unanimous consent. A message from the Hou. e of Representatives by Mr. Haiti· Mr. SIMMONS. Mr. President, it has occurred to me that if gan, one of it clerk , announced that the Bouse had passed we could distu s both the reports as one, perhaps it would save without amendment the joint resolution ( S. J. Res. 167) to time. I find that a number of Senators say they are not going clarify and amend an act entitled "An act conferring jurisdic­ to speak on the la t conference report, which i now before the tion upon the Court of Claim to hear examine, adjudicate, Senate, but that they are going to· wait until we reach the first and enter judgment in any claims which the Assiniboine Indians report, which has not yet been agreed upon. This means that may have again t the United States, and for other purposes," we may have two di cussions, one upon the pending report, and approved March 2, 1927. the other upon ..the first report. 9938 CONGR.ESSION AL R-ECORD-SEN ATE JUNE 3- If we could reach any understanuing by which, a soon as we talk. The fact is that Sen a tors generally want to vote and get have voted upon the first report, we will at once vote upon the rid of the matter. second report without further discussion, or if we could have Mr. HARRISOX l\lay I say, answering the statement of the unanimous con ... ent that we vote upon both at the same time, I Senator from Washington, that no Senator wants merely to think it would be well. I am just suggesting this for the con­ talk, but there are some of us who do want to discuss the re­ sideration of the chairman of the Finance Committee as some­ port. I as one member of the conference feel that I have a right thing that would probably tend very greatly to curtail discus­ to speak on it. I feel it i. due to tho e who want to know what sion upon the two reports as separate proposition . was done in the conferE>nce that I should tell them what was Mr. SMOOT. I do not know whether it is the fact or not, done. That is why I spoke thi morning at length. I desire to but I under tand that the Senator from Kentucky [Mr. speak on the que tion of retaliation before the debate is closed. B.ARKLEY] intends to make a point of order on two or three There ha been not a particle of delay in the con ideration of items in the first report. Does the Senator know whether that the conference report. We \oted yesterday at 3 o'clock to over­ is to be done or not? ride the Pre i

be taken up and considered, and possibly action taken upon them. It seems to me, in fairness to the Senate1 that we should act I do not think we will lose any time. Nevertheless I hope we on the conference report which is on the table. It ought to have will be able to reach a unanimous-consent agreement a little been disposed of, to begin with, 1ong ago. I have not said any­ later. We can not do it now, because we do not know bow many thing about it because I did not want to criticize those who have Senators want to speak. charge of the bill; but it doe seem to me now, when membe1~s 1\fr. NORRIS. I do not want Senators to get the idea, speak­ of the committee are asking for a final vote on the conference ing for myself now, that I am trying to delay the matter. So report, it is proper to call attention to the fact that here is far as I am concerned, I told the Senator from Oregon [Mr. something that is going to bring delay in the future, in all prob­ McNARY] that I would not object to a vote on the first report ability, and no effort is being made to circumvent it. tO·mOITOW. The VICE PRESIDENT. The question i~ on agl'eeing to the / Mr. SWANSON. Mr. President-- conference -report. The. VICE PRESIDENT. Does the Senator from Nebraska yield to the Senator from Virginia? CL.AIM OF J.AMES E. WELCH .AGAINST VENEZUEL.A l\Ir. NORRIS. I will yield in a moment. But I said I do be­ Mr. RANSDELL and Mr. BARKLEY addressed the Chair. lieve that before the second conference report is disposed of we The VICE PRESIDENT. The Senator from Louisiana de­ ought to take up the first report, and that Senators who are not sires to be recognized to discuss the bill, as the Chair under­ ready now perhaps would be able to debate the other one. The stands, and the Senator is recognized. ~mgge tion has been made that they are all so closely related Mr. RANSDELL. Mr. Pre~ident, I do not want to speak on that they ought to be considered together, and that strikes me the tariff, but I have a few brief remark to make on an inter­ as a \ery good suggestion. We ought not to have two reports national matter which I have delayed bringing before the Sen­ here, anyway ; there ought to be but one report. I merely ate. I think this is a very good time to do so. It will take wanted to say it seemed to me that Senators in charge of tariff me a very short while. I desire at this time to make a brief legiBlation ought not to be surprised that at this particular statement relative to Senate Resolution No. 253, which has to moment some other Senators who desire to address the Senate do with the claim of James E. \Velch against the Government of are not ready to proceed. Venezuela, which re ·elution was introduced by me on the 25th I now yield to the Senator from Virginia. of last April. Mr. SWANSON. l\lr. President, it seems to me that everyone As stated before, this resolution deals with a matter that is is anxious to facilitate the disposition of the tariff bill. of vital importance-the protection of American citizens and Mr. NORRIS. I think that is true. the guaranty to them of their rights in the pursuit of lawful Mr. SWAKSON. The country is anxious to see it disposed of bu iness in foreign countries. I shall not detain the Senate long finally. with a recitation of the facts in the case of Jam~s E. Welch, a 9940 CONGRESSIONAL R.ECORD-S ATE JUNE 3 citizen of the State of Louisiana, who is seeking redress against the Foreign Relations Committee, but I have gotten nowhere. the Government of Venezuela for wrongs inflicted upon him, but So I thought I would bring it to the attention of the American shall allow him, through the medium of his sworn statement, to people, and see whether or not they are atisfied to have an recite the details in his own way and on his own responsibility. American citizen treated as my constituent, Mr. 'Velch, has been A careful perusal of his affidavit, together with one sub­ treated, if I understand the situation. Now, I am going to let mitted by Capt. G. F. Mayes, who was for some time stationed the Ameriean people say whether or not he has been treated in Colombia, South America, as well as the attached article from justly. the North American Review, December, 1929, entitled "Vene­ Mr. WALSH of Ma.., achu etts. Mr. Pre ident-- zuela's Rocking-Chair Czar," .and several letters from former 1\lr. RANSDELL. I yield to the Senator from Massachu etts. residents of that country to Mr. A. L. King, attorney for Mr. 1\lr. WALSH of Mas. achusetts. I should like to inquire of Welch, indicate that while the written law of Venezuela are the Senator what remedy the Foreign Relations Committee very fair and liberal, the present administration of them falls could extend to his con tituent? What is he a king the com- far short of living up to their spirit and letter. mittee to do? · I also submit a brief of the law as it applies to these alleged Mr. RANSDELL. I can not say what the Foreign Relations facts, which was prepared by Mr. A. L. King, attorney for the Committee can do, but I can say, sir, that Mr. Welch, an claimant. American citizen, went to Venezuela in good faith; he spent I have no mean of verifying the various statements contained ix years there ; he did the best he could to get along in that in these documents, but I ask that they be inserted in the RECORD country, and was doing well in a business way. He was ar­ as addenda to my remarks, as I am sure they have been fur­ rested on what I conceive to be a trumped-up charge; put in nished me in good faith by Mr. Welch and Mr. King. jail; held there for 43 days; treated in the most outrageou The VICE PRESIDENT. Without objection, it is so ordered. manner, his little baby girl being taken away from him, as he (The documents referred to will be found at the conclusion of explains the case. He came to this country, after eeking in Mr. RANSDELL'S remarks.) vain to get lawyers to represent him there. They were afraid Mr. RANSDELL. Mr. President, the communications which to represent him; they could not do anything because of the I have asked to have printed in the RECORD set forth statements despotic rule of Mr. Gomez, who is the alleged dictator of that of fact and law in this case, which, if correct, illustrate the country. The case was taken up with the State Department. chaotic political conditions existing in Venezuela at this time. On two or three occasions my colleague in the Hou e of Repre­ '!'hey show a state of despotic cruelty incomprehensible in this sentative , Judge SANDLIN, and myself went to the State De­ enlightened age, and it is because of wrongs suffered under this partment, but obtained no relief. In substance, we were told despotism that my constituent seeks redress. His .claim was pre­ that we would have to take up the ca e with the court of sented to the State Department through regular channels and Venezuela. My constituent had done his be t to take it up refused, and M.r. Welch has appealed to the Congres , through with the courts of that country. hi · duly elected representative, for just and equitable treatment. Mr. WALSH of l\Ias achu etts. I am impre ed with the Mr. Pre ident, I wish my senatorial friends would take an Senator's seriou ne . He evidently feels very deeply, and intere t in this international matter. I have tried in vain to ju tly so, that one of his constituents has been shamefully get the State Department and the Committee on Foreign Rela­ treated by the Government of Venezuela. I as ume that all the tion to take some interest in it, but so far have failed. Now Senator can expect the Senate to do, or the Committee on For· I have come to the tribunal of last re ort. A subcommittee was eign I;telations, is to u e its good offices to bring moral pre ure appointed by the Foreign Relations Committee, but as yet it upon the State Department to bring pre ure upon the Vene­ has not given me a hearing. I am tired of waiting, Mr. Presi­ zuelan Government to compensate hi constituent for the wrong dent and Senators, and I am going to bring this case before the and injury and damage done. Is that true? American people through this tribunal. Mr. RANSDELL. In substance, that is what I expected. Mr. VANDENBERG. Mr. Pre ident-- Here i the concluding paragraph of my re olution. I will read The VICE PRESID~~T. Doe the Senator from Louisiana that to the Senator, and he will see ju t what I a k in the yield to the Senator from Michigan? concluding paragraph. Mr. RANSDELL. I yield to the Senator from Michigan. After reciting a number of these wrongs the resolution says: Mr. VANDENBERG. Did the Senator receive a letter from Resolved, That the Committee on Foreign Relation , acting through the chairman of the ubcommittee of the Foreign Relations a subcommittee is hereby directed to investigate and report to the Committee asking him to identify the claimant, so that the com­ Senate: · mittee might have omethina upon which to work? (1) Whether the rights of any citizen or citizens of the United States Mr. RANSDELL. I received the letter, and I told the chair­ of America have been violated by the Government of Venezuela, or any man the name of the claimant. official or representatives of any State or municipality thereof; Mr. VANDENBERG. Did the Senator ever answer the letter? (2) What steps, if any, should be taken by the Goverument of the Mr. RANSDELL. I am inclined to think I did; I certainly United States to obtain prompt redres for such citizen or citizen , if told the Senator that the name of the claimant was James ID. it be found that his or their rights have been violated by the Venezuelan Welch. Government, or any agency thereof ; . 1\Ir. VANDENBERG. The first information I have had that (3) What steps should be taken with reference to failure of the his name is Jame E. Welch is at this moment. The letter has officials of the Government of the United States to observe the laws not been answered; and if there is any critici m on account of enacted for the protection of the citizens of this country iu Venezuela, delay it ought to return to the Senator from Louisiana. if it be found that such laws have been violated in letter or spirit. ~Ir. RANSDELL. If the Senator from Michigan is satisfied with that explanation, I am. I have been trying my best to I call the attention of the Senator to the fact that a law was push iliis matter, and the Senator from Michigan told me that passed by Congress some years ago which reads as follows: he could not do anything about it until the conclu ion of the Whenever it is made known to the President that a citizen of the hearing on the naval conference treaty. The Senator told me United States has been unjustly deprived of his liberty by or under that, did he not? the authority of any foreign government, it shall be the duty of the Mr. VANDENBERG. Mr. President, will the Senator yield? rresident forthwith to demand of that government the reasons for such The VICE PRESIDENT. Does the Senator from Louisiana imprisonment; and if it appears to be wrongful and in violation of the yield to the Senator from Michigan? rights of American citizenship, the President shall forthwith demand Mr. RANSDELL. Yes, sir. the release of such citizen, and if the release so demanded be unreason­ Mr. VANDENBERG. There can be absolutely no argument ably delayed or refused, the President shall use such means, not amount- , about that. The Senator from Louisiana said he was perfectly ing to acts of war, as he may think necessary and proper to obtain and sati fied, did he not, with that arrangement? effectuate the release; and all the facts and proceedings relative thereto 1\.Ir. RANSDELL. I could not say that I could force the com­ shall as soon as practicable be communicated by the President to the 1 mittee to give me a hearing. Congress. Mr. VANDENBERG. And thereupon, in order to be sure that My constituent tried to get relief from Venezuela. He could , no time needlessly should be lost, the chairman of the subcom­ not get it there. He came to this country, to his Congres man mittee wrote the Senator from Louisiana a letter asking for the and his Senator, -and we tried to get relief f-rom the State De­ information, in a very earnest desire to cooperate with him to partment. I went to the State Department twice my elf. I the limit. got no :relief; I got no encouragement ; and I felt that under Mr. RANSDELL. I think, sir, that I answered that letter this statute it was the duty of the State Department at lea t at once; the Senator may not have received my answer but my to try to adjust the matter, and it did not seem to be trying. I recollection is that I answered it at once. I know that I have will say to the Senator that I remember with a great deal of been trying to pu h this matter through the State Department, pride, when Mr. Roo evelt was Pre ident of this great country, and through the Foreign Relations Committee, to the best of my that an American citizen named Perdica:ris was unlawfully abillty. I have talked first to one and then another member of seized and i!llprisoned by a bandit in Morocco named Raisuli ; 1930 CONGRESSIONAL RECORD-SENATE 9941 and Mr. Roosevelt sent a most insistent telegram to the French Mr. VANDENBERG. Mr. Pre ·ident, will the Senator yield Government which did not produce the desired results imme­ before he takes his seat? uiately; and a few days later he sent another telegram demand­ Mr. RANSDELL. Yes, sir. ing " Perdica'ris alive or Raisuli dead," and he got results. Mr. VAl\TJ)ENBERG. I hould not want to have any mi - Perdiraris was very promptly released. understanding with my genial friend from Louisiana regarding Mr. Roo. ·evelt wa · an aggressive man. He stood strongly for the facts. I have sent to my office, and I find that on May lG the rights of American citizens abroad and at home. I wish I wrote him and explained to him that it would be impossible we had had more Pre iclents like him in that pal'ticu1ai'. for the subcommittee of the Foreign Relations Committee to Mr. Pre ident and Senators, to resume in this connection, I give immediate attention to the matter. Then I called hi atten­ regret to note '\\hat appears to be indifference on the part of tion to the fact that the person to whom hi resolution refers is our great Government toward the protection of the rights of its not identified in his resolution; and I said to him this, under citizen in foreign lands. On our part, we do not discourage date of l\Iay 1G: them from seeking their fortune in other countries, and they certainly do not lo e their right to the protection of om· Gov­ Pending the heruing, it occurs to me that we can facilitate the sub­ ernment when temporarily residing abroad. Exclusion of for­ committee's action if you will immediately provide me with the name of eiO'ners is a ftmdamcntal right of A nation; but when it opens the per on to whom Senate Resolution 253 refers, so that in this inter"\"al I can also get the available State Department records dealing with the it~ door~ to YLitors and their property, and injury to either rc,.ults, the nation wlw e citizens have been injured has the subject. right to protest, indeed to in.. ist upon the maintenance of good I want to "ay to the Senator that o far as I am concerned, I international practice and the full protection of the right of its have never received an answer to the letter; and if an answer nationals to life, propert~~. and liberty. was written, it ha · mi. carried. By act of Congres Americans are guaranteed proper and Mr. RANSDELL. I am not absolutely positive that I did ju t treatment abroad, and when they are injured wrongfully answer that letter. The matter, though, had been up in pretty the President is authorized to remedy the wrong. The act re­ con iderable detail with the chairman of the committee. I think ferreu to was pas eu in 1868 and is set forth in the United the Senator from Idaho [l\1r. BoRAH], the chairman of the States Code (A), volume 8, paragraph 14. I have ju t read it committee, had some communication with the State Department to the S nate and it is not necessary to read it again. about1 it. If I mi take not, a letter was written to him by Mr. Vigorous a ertion of rights, especially in such form as to Cotton, the Acting Secretary of State; and it may be that I wa strike the imagination, serves not merely to benefit the par­ labol'ing t!nder the impre sion that the Senator's subcommittee ticular citizen directly concerned, but to create everywhere an had all the e facts before it. That is possibly my excuse for atmosphere of re pect for the rights of all citizens of the coun­ not giving the Senator the name of the man, Mr. Welch. He try which i vigilant and determined. Accordingly, there was ha been around here so much that I thought everybody knew throughout tile Roosevelt administration very wholesome re­ hi name and all about him. He has been around a great deal. ._,pect for the rights of American citizens everywhere. l\1r. VA~'DENBERG. I want to say to the Senator that this The aggressive policy which Great Britain has pursued in 'afternoon, within the last 30 minutes, is the first time I have foreign countries when the rights of its nationals are infringed ever known the name of the man who is the subject of his and which has cau ed uch a wonderful spirit of patriotism re olution. among Englishmen, makes rare the occurrence of an Engli h­ man giving up hi citizen hip when transferring his residence Mr. RANSDELL. I a ure the Senator that I do not want to to a foreign nation. Tllat is because his Go\ernment never criticize the committee, but I felt that it was my duty to bring cea cs to take a deep interest in him, never ceases to protect this matter to the attention of the American people. Those on him in his per on and property, no matter in what quarter of the committee to whom I talked expressed the fear that they tlle globe he may find himself. I should be happy to see our had no jurisdiction. They did not know how the matter could Go\ernment adopt a policy which would make other nations, be handled. They were willing to do what they could, but it great or small. respe<:t the riahts of our nationals within their seemed to be a matter entirely within the jurisdiction of the borders, in order that our citizens might remain abroad with State Department. That was the impression I got in talking the absolute a ·surauce that their inalienable rights to life, with . everal members of the committee. I felt that if I were liberty, and property, granted to them by the American Consti­ going to get any relief at all through the State Department for tution, accompany them wherever they may be ju t as certainly my constituent, I mu ·t put the matter before the American as does their American citizenship. people and see if the force of public opinion might not stir up How can we expect the citizen to respect the laws of a coun­ the department to do something. h'Y which refm·e to guarantee to him the protection which those laws promise to him? Has the citizen not the right to APPENDIX demand- of his government afety and protection abroad when his government exacts of him the duties of citizenship and EXHIBIT A patriotism? It appears to me that we are fast becoming prey AFFIDA\'IT to n policy of "pus ·y-foot diplomacy," which imposes upon the CITY OF W ASHIXGTO~, national abroad every po sible burden but gives him small cor­ District of Columbia: responding a ·istance in time of need, and I sincerely trust that we may soon effectuate an "about face" in our present IN RE JAMES E. WELCH AGAI!\'ST VEXEZUELA policy. I, James E. Welch, being duly sworn, depo e and say: That I am 36 The facts recited in the case under consideration conclusively years of age, a son of James F. Welch, contractor and builder, of show that a citizen of the United State., James E. Welcl1, re­ Shreveport, La. At an early age I left home and visited several for­ siding temporarily in Venezuela, was illegally impri oned, his eign countries, thus becoming an experienced sailor. Jn t before the lucrati1e business de troyed, and his baby daugllter unlawfully United States entered the World War I returned home and registered and ruthlessly taken from him. He attempted to secure justice for seryice. I was immediately classified as a sailor and exempted in tlle country inflicting the wrong, but, because of the corrupt from military service in order that I might follow that e sential occupa­ regime in power there, he "·as balked at every turn; and now, tion. I promptly went to sea on a vessel that was hauling oil and gas upon appeal to the duly authorized agents of his own Govern­ to the Allies and when the armistice was signed was on a ship at ment, he is told that not only does no remedy lie but that it Algiers. would ha\e been far better if he hnu never left his own shores. Prior to the war I had bad experience in the oil fi elds of Louisiana, How prophetic are the words of our former ambassador to Texas, and other places. At the conclusion of the war I visited Colom­ Italy, Richar·u Wa hburn Child, who, in an article in Collier's bia, and from there wmt into Yenezuela, arriving in that country in Magazine on June 25, 1027, wrote: 1922. I soon obtained employment with the Standard Oil Co. of Venezuela and was offered a 2-year contract of employment, which I J ust now there i acti>e campaigning to get the United States to say accepted. Upon the expiration of this engagement with the Standard to its citizens : " When you go abroad or make loans abroad or invest in property abroad you do so at your own risk, my friends. The mo­ I was offered promotion, with vacation, but I did not accept the offer. ment you leave Gncle Sam's threshold you are on your own respon­ I thereupon receh'ed the following letter : sibility. If you get into trouble or get your head broken or if your STAXDARD OIL Co. oF \E~EZUE LA, property is looted or if a radical government passes some laws which Maracaibo, July 6, 19?5. snatch away your property and rights, do not come wailing to Washing­ To 1chont it 11wy concem: ton. You might better have stayed at home." This is to certify that Mr. James Edward Welch bas been in tile When the Committee on Foreign Relations, to which my reso­ employ of this company from July 6, 1923, to .Tune 13. 1!>25. lution has been referred, reports the measure to the Senate I He has been field superintendent of one of our distl'icts and has done shaH ask immediate and favorable consideration thereof. very good work at construction, road building,. and all work pertainitl.g 9942 CONGRESSIONAL R.ECORD-SENATE JUNE 3 to oil production. He has bad charge of over 1,000 men and can handle friends: When I was first imprisoned I promptly sent for Mr. Robert natives satisfactorily. Henderson, vice consul of the United States, and demanded the pro­ ~Jr. Welch is leaving on vacation, and it gives me great pleasure to tection of my Government against the outrage that bad been perpe­ recommend him to anyone who might require his senice. trated against me, but all that I got from the representative of my Yours very tn1ly, country was the advice ( ?) to purchase my freedom by giving up my F. A. DALBUnG. little daughter. This I refused to do. During my employment with the Standard Oil Co. I had observed Soon thereafter the child was forcibly taken from me. There was that the greatest need in Venezuela was pure water. Due to my knowl­ then started a deliberate attempt to break my morale. Under the edge of geological conditions, I discovered that I could obtain flowing law of the country I should have been admitted to bail, e>en if there wells of pure water in sufficient quantities for irrigation in a great had been legal grounds for my arrest. I was held without bail. When many sections of the country where water was thought to be unob· finally taken before a judge, I was ordered to plead to the charges; til.inable. I refused to do so and demanded that if there were any legal charges Having demonstrated the correctness of my theory by drilling a that could be brought against me same must be presented according number of flowing wells, which caused almost nation-wide interest, I to law. I demanded my immediate release upon the ground that I was called to Maracay by Gomez, the supreme dictator of Venezuela, was unlawfully imprisoned, pointing out specifically the reasons why and I drilled a · number of flowing wells in and near Maracay for this was true. I was returned to p1ison. After 43 days I was ordered Gomez. released by a judge, but required to make bond, the conditions of which I adopted the modern American method of advertising extensively precluded me from leaving the limits of Ciudad Bolivar. Aftet· 25 days in the newspapers and was very soon receiving more offers of con­ bad elapsed from the time I was admitted to bail, I was ordered com­ tracts than I could ful1ill. My business was yielding more than $1,000 pletely discharged by a ju'dge who held that my arrest was illegal. per month net. I had been able to make friends with many of tho I was reliably informed that this was done only as a result of orders officials of the country and knew intimately quite a number of these from some one " higher up ,., because it had become apparent that I officials, including Juan Vicente Gomez, who rules Venezuela as an would not yield to the unlawful demands that had been made upon me absolute despot. to give up my child. During the years spent in Venezuela I witnessed numerous instances I remained at Ciudad Bolivar from the 8th of April until the 1st of horrible mistreatment and acts of barbarity against the natives. I of June trying to gain cu tody of my child ; m:J.king no headway in saw hundreds of students who bad been arrested and put in chains this respect, I went to Caracas to confer with Mr. Van Engert, the for suggesting that liberty was not to be bad in Venezuela; I talked American charg~ at that place. Van Engert first advised me to see with t he families of these students who bad been cruelly Jired upon, the pn'sident of the British Oil Co., stating that this individual had and many lain, when they attempted to protest against this outrage. more influence in Venezuela than he, the duly accredited representative I was reliably informed that when the Bar Association of Caracas of the Government of the United States. protested against these things the associaticn was ordered disbanded He did, however, upon my earnest solicitation, send an unofficial and the lawyers were likewise thrown into a dungeon. I beard from note to the minister of the interior requesting the influence of the teliable sources that these dungeons were filled to overflowing with federal authorities in adjusting my case. This had the aJmo t imme­ " political " prisoners; that these men and boys were from the very diate effect of an announcement through Henderson that the case had best families of that country, none of whom had had the semblance been decided in my favor and that the child would be returned to me. of a trial, and that they were undergoing unspeakable tortures, such l requested Van Engert to ascertain whether this included the case as being hung up by their sexual organ~, beaten with a thousand stripes, under which I bad been arrested as well as the case as to the custody lron clamps riveted around their ankles with heaVy bars of iron of the child. I made this request because there was an appeal, so called, weighing in some instances as much as 75 pounds, connecting the clamps pending in the case as to my arrest. together; kept in cells from which practically all light and air was Pending a reply from Henderson I left Caracas to return to Boli>ar excluded ; poisoned with arsenic in some cases, and slowly starved to via Trinidad. While in Trinidad I received a letter from Van Engert d ath in others. I stating that both these cases had been terminated in my favor and I lived in Venezuela unmarried until 1926, when I met Anna Salazar, that I could obtain custody of the child at any time. daughter of a prominent citizen of Spanish descent. I am of the I made ready to go back to Ciudad Bolivar, but before leaving I Protestant faith and Anna of the Catholic, and while I desired to con· learned from most reliable sources in that place that what Henderson tract a marriage with her through religious ceremony it could not be had reported as a termination in my favor of the cases was nothing l'atisfactorily arranged. Following a generally accepted custom of that but a proposed arrangement whereby I would be forced to urrender all country, so far as the present official r~gime is concerned, at least, I of my rights to claim damages and other legal redresses that I had regularly set her up in my home as my wife and openly lived with her under the laws of Venezuela or be again thrown in jail or maybe as such. In October, 1928, there was born to me and Anna Salazar a assassinated, according to the practice of the country, by which force daughter, whom we named Irma Francisco Welch. has completely set aside justice. It was necessary for me to be away from home during a large part Beil1g fully informed of what I might expect, I realized that I would of my time. During one of these absences I learned that Anna bad be a fool of the first rank to again put myself at the mercy of these become a victim of the official Gomez regime, who prey upon the women people. I thereupon decided to come to Washington in order to obtain of \enezue1a. I knew that there was absolutely nothing I could do the protection of my Government in the enforcement of my rights as a to overcome this condition as to Anna, but I did not propose, if there citizen of the United States. was any way that I could prevent it, to allow my little daughter to J .A.MES E. WELCH. grow up to become a victim of such a system. Subscribed and sworn to before me this 26th day of May, 1930. I con ulted one of the ablest lawyers in Venezuela and a!:lcertained [SE.A.L . ) A. M, HUGUENIN, that by going through a very simple process I could preclude interfer­ Notary Publio in attd for the District of Columbia. ence from anyone, as to the control and custody of the child, which My commi sion expires April 1, 1935. was then in my exclusive custody because its mother bad abandoned It to me. ExHIBIT B I proceeded as directed and carried the case to a point where there .A@da1:it was nothing that could interfere with my obtaining a favorable final judgment from the court, but before this judgment could be awarded Cr·rY OF WASHlNGToN, a certain time had to elapse. Acting upon the suggestion of certain District o( Columbia: officials of the court in which the proceedings had been instituted, and IN RE J .A.MES E. WELCH .A.G.A.l~ST VENEZUELA. with the actual knowledge of the judge of such court, I obtained the Per onally appeared G. F. Mayes, native of Durham, N. C., 34 yem·s services of a trained nurse to care for the infant and left Ciudad Bolivar, old, former captain, Three hundred and twenty-foUTth Infantry, Eighty­ taking with me the child. first Division, American Expeditionary Forces, member American Legion I had proceeded about 300 miles by automobile when I was arrested Post 90, who being duly sworn, says : upon telegraphic orders from officials of the State of Bolivar. That he was stationed in Colombia, South America, from Octobet· 17, I was first ordered to give up the child, and upon my refusal I was 1923, to October, 1929, in the employ of the Tobacco Co. of Colombia, as ordered to be taken back to Ciudad Bolivar. I refused to go without technical expert. That during this period he paid frequent visits to formal warrant being served upon me. The papers were sent, and upon Ven ~:zuela, remaining there for months at a time. That trials are con­ inspecting same I found that the warrant was void and that under ducted in said country without juries, and all judges are appointed the laws of Venezuela it did not authorize my arrest. I pointed out either directly by or only with the approval of, the snpt·eme dictator. the fatal defects to the representatives of the State of Bolivar and Juan V. Gomez; that the laws are administered not as pre crlbed in the warned them that I would demand full redress, and if necessary appeal codes but according to the will of the supreme dictator-Gomez. to my Government for protection. Nevertheless, I was required to That he knows of his own knowledge that no citizen of the Unite1l return to Bolivar with the infant. States who might have a claim against the Government of Venezuela Upon arriving at Ciudad Bolivar I was thJ'OWn into a filthy jail .or any of its officials need hope to get even an approach to justice with some of the lowest tJIJes of humanity and would have suffered through the courts of Venezuela, if the case did not have the per onal greatly from a lack of food if I bad not been supplied with it by approval and direct "backing" of the said Gomez. 1930 CONGRESSIONAL RECORD-SEN ATE 9943 Deponent further swears that he has read the article entitled "Vene­ Having uttered these words, General Gomez dcpnrteu from the capi· zuela's Rocking Chair Czar," appearing in the North American Review tal, which he never liked much, and returned to his ~ttle model city of DecE:>mber, 1929, and that he verily believes that said article does -not of Maracay, 70 miles eastward by road, which for many years has been in any sense exaO'gerate conditions in Venezuela, but, on the contrary, his headquarters. is a very con ervative statement of the true political conditions in said The incident was a typical display of the Gomez system in practice, a country. system which from years of polish works with utter smoothness. It is Deponent further swears that he has no interest in the case of perfectly effective. Con: titutionally the National Congress elects a Presi­ James E. Welch against Venezuela and that he did not know said Welch dent. The Congress in turn is elected by what is termed "popular fran­ or anyone connected with his ca e prior to April 27, 1929. chise." But there is rarely, if ever nowadays; more than one candidate G. F. MAYES. from a congressional di trict. And that candidate is ap:><>inted by Sworn to and sub cribed before me this 5th day of May, 1930, in the General Gomez. It is very simple aO:d satisfactory. In the le s vital city of Washington, D. C. matters of state there is even an opposition when Congre s casts a [SEAL.] ALVIXA. M. JACOBSEN, vote--a decorous and plausible opposition, always in a very respectable Notary P"UbUc, Distriot of Columbia. minority. . My commis~on expires December 15, 1930. All this would not be important, or even interesting, save for one fact, a recent development, the discovery of petroleum in Venezuela. It EXHIBIT C lies underneath Lake Maracaibo and in the jungle basin surrounding. [From the );orth American Review, issue December, 1929] It is a fabulous deposit of natural wealth, so rich and so strenuously exploited. that more oil was pumped out of Venezuela last year than out V'E!I.'EZUELA' S RocKING-CHAm CUB of any other country in the world except the United States. It has By Morris Gilbert made the economic desert of Venezuela to blossom like the rose. HOW AGED GE _~KRAL GOMEZ, "THE WELL DESERVING," TYRAN ·rZES FROM This means that the elderly mountaineer, Gomez, is, willy-nilly, what IDYLLIC llETIIUilMENT OVER A RICH lliD RESTLESS REPUBLIC WHERE people call a world figure. He is the warden of more wealth, more FOREIGS CAPITALISTS ABE COMPl~UNG FOR FORTUNES IN OIL tangible assets, more potential doubloons, moidores, pieces of eight, An old man in a faded khaki uniform and a ranama hat sits with dollars and cents, than his predecessors, the conquistadores, ever imple dignity in a rocking chair under the luxuriant trees of Las dreamed of. He supervises all concessions, governs all developments, Delicias, a hacienda on the outskirts of the sun-drenched t_own of regulates all taxes. What is Venezuela's is his. Her soldiers plow his . Maracay in Venezuela. Long gray mustaches fringe his benevolent fields, tend his horses, his motors, hls cattle, and his beloved zoo . . smile, and occasionally be puts forth a hand in a brown cotton glove, . ~ Juan Vicente Gomez is what Broadway calls a "natural." He has to be reverently pressed. . D')t added a cubit to his stature by taking thought, but his power and At the right of the rocking chair a stream pauses to form a shallow achievement come smoothly out of character. Las Delicias, with the . pond. Water fowl and deer with bells around their necks wade in it. soldiers working its fields and the populace in perpetual genuflexion, On its farther edge peacocks, birds of paradise, and pigeons compose appears idyllic because that is the way General Gomez feels it should · tbt>m~elves in a half circle, like seraphim. appear. For a perfect ranch-or country-take tropical soil where fruits · . The waders-snow-white and coral-pink heron, ibis, crane-shake their and grain luxuriate, cattle breed true and strong, and people are docile . . bE.>aks,, wiggle their tails, focus their bland-burnished eyes .on the . old Let the appearance of peace and happiness be there. Let the master's man, anu ceremonially dip in his direction. The deer splash forward word be law, and for amusement show the visitors "los animales." . with a faint and delicate sound of tinkling, and adore hlm with mellif­ Most of Venezuela heaps assiduous, lavish flattery on the patriarch . Jnou:s glances. The peacocks on the bank pread their iridescent fans of Maracay. His lithographic likeness hangs everywhere throughout in homage. They are as superb as a rear rank of Ziegfeld show girls. the land, in every home, every office, every botiquin and shop. His name It is near noon. The air is dazzling and warm, the sky pellucid. appears with rapt and strenuous encomiums on every page of every _Feather of cloud are tncked in the gaudy hatband of the mountains to newspaper daily where it is printed in lien of news. Tbe country has . the north. It is the breathing time of day w.ith Gen. Juan Vicente adopted a title de luxe for him, El Benemerito, the Well Deserving, and Gomez, autocrat of Venezuela. • • • he dotes on its unctuous yllables. Last .April General Gomez renounced the Presidency, which be had It was no mere whimsy that turned General Gomez's heart to Maracay, ·held of! and on. retiring whenHer convenient in favor of a figurehead exquisite as its site is. Nor was it merely his planter's eye for rich ·far .more. than 20 years. In abandoning his title he made obeisance, as grazing and growing country. .Actually it is the hub of national com­ he ha(l done in the past, to the constitution's mandate against re­ munications. Highways lead east and west to the country's borders. -election. A constitution is a sa~red instrument. But its prestige failed They run north and south, too, to the Caribbean ports of Ocnmare and _to binder, a few days later, the passage of a slight amendment, such Puerto Cabello, and to the llanos, the great plains of the Orinoco basin. . a small and merely formal rearrangement that hardly anybody could An army base at Maracay does much to keep the peace and the ·power. . object, and nobody did. It assigned to Juan Vicente Gomez, simple The Gomez hacienda there--he has many throughout the land-is a · citizen, one right hitherto held by a Venezuelan chief magistrate. It glorious resort for an autocrat and old combatant to take his ease in. was the right to serve as generalissimo of the national army. The Elysian fields must be like it-a region of warmth and light, filled The constitutional-change almost appeared to be forced upon General with the sweet, dumb friendliness of creatures, and the lush sentience Gomez. He accepted it in a spirit of generosity to compensate for the of growing things. son·ow which his decision not to take the Presidency caused in Congress. El Benemerito's model farm teems with fruit, grain, and fiowers. Thi entiment was borne out by his valedictory message to that Herds of fine cattle graze, a stock which the general-always a cattle­ body, a message officially described as " one of the most remarkable man-has developed by intensive breeding. Native cattle are small. utterances coming from a Venezuelan Pre ident." It was as follows, To give them bulk he crossed them with Holstein blood. Both Holstein modestly indited in the t!Jird person: and native breeds suffer from the tic, a pest which makes them thin " Elected by the unanimous vote of Congress to occupy once more the and nervous. But-there is one member of the cow family-the Indian chief magistracy of the Republic during the constitutional period of zebu-which does not suffer from the tic. Hence General Gomez has 1929-1936, Gen. J. V. Gomez declined to accept the high office where imported ·the zebu, and breeds the big hump-backed animal to his native­ he has so often gathered the plaudits and esteem of his countrymen and Holstein stock. People say the re nit is excellent. of the world as administrator, statesman, and eminent patriot. At Las Delicias, General Gomez has indulged his simple fancy · ot a "The most critieal study will prove his administration as constructive, soldier by installing a first-class -zoo. Venezuela's wild animals-jaguar progressive, and intelligent. He has shown· great political acumen and and other kinds of native " teegree," sloths, peccaries, tapirs, small furry great strength of character and per onal courage. He has fought to creatures, monkeys, parrots, macaws, alligators, snakes, are there. To their last intrenchment the corrupted military and political bosses and produce the best zoo in the western tropic-al belt, the general has made has pacified our country and thoroughly organized it. Tbe whole Re­ importations-a sizeable hippo, a big Sumatra tiger, a young Indian public is now awake to the need of maintaining the simple, yet tran­ elephant which "trunks up" in salute when commanded. There are scendent, program which he gave to his countrymen, based upon the ostriches and llamas from Chile. Most wonderful of all until it died maintenance of the blessings of peace and the enjoyment of the oppor­ was the only Polar bear along the Ca.Iibbean, whose horsey, petulant, tunities for work which our country offers in such a bountiful manner. sardonic face was like an unkind caricature of Anatole France. "No wonder, therefore, that the National Congre s has tried, by all The veneration with which birds and beasts of Las Delicias appear to possible means, to persuade General Gomez to accept the Presidency worship El Benemerito has it counterpart on the opposite side of the again; but as he has declined in a conclusive manner, he was tendered old rocking chair where he sits beside the pond. There chairs and the post of commander in chief of the national army, where he may benches extend in a wide arc under the trees. The ground is worn by ~ continue to render an inestimable service in maintaining the peace of the come and go of many worshipful feet. Men seated there unctuously our country. Fortunately for Venezuela, be decided to continue his watch the motions of El Benem~rita·s brown gloved bands. Tbey move priceless services in this connection, animated solely oy patriotic reasons. their eyes to the tanned face under the Panama hat. They beseech a "Meanwhile the Presidency is temporarily occupied by Dr. Juan glance, a smile, a gesture. Then they come forward to tell him their Bautista Perez, a prominent member of the supreme court, until a new news-whkt is doing in the State of Lara or Margarita or Falcon; how •President :1 elected." the childJ.·en of Ciudad Boliva.1· or Barquesimeto have composed a song LXXII-.{)27 9944 CONG~ESSION AL RECORD-SENATE . in his honor and sing lt in the chools. General Gomez hears avidly Gomez, to whom the vanishing Castro had tearfuiJy confided his people that he i loved and honored. The old combatant, who has also become and his job, put it down. Sporadic fighting broke out. Gomez topped an old man, does not lose his zest for adulation. it. Delegations offered him the Presidency. Gomez rejected it. He All Maracay adjusts itself to the general's will. The town is neat, was the faithful steward. prosperous, well mannered. It goes to bed early at night-except in Then came the event which unshackled him-now generally believed carnival time-and gets up early in the morning. Gomez furnishes to have been "framed "-and that same morning he stepped out upon Maracay with a. communal alarm clock of rare effectiveness. It is a the balcony of the Yellow House in the midst of the demonstration bras band, the general' own military brass ban

malo-Cedefio is still pushing, he is doing so in secret. No parable only to those at the infamous San Juan de Ulloa at Vera Cruz. further word has reached the local bureau, whether "bueno" or " malo," Gomez is charged with ruthless repression, seizure of wealth, lopping off at this writing. Many expatriates in New York discredit the enter­ of suspects and opponents. prise. Venezuela, however, is not the only South American nation which Other stories drift north which .are not so quickly spoiled. They con­ inherits a tragic handicap from the glorious revolutionary days when cern several enterprises, one a demonstration by Gen. Jose Gabald6n, a doctrinaires, bemused by the democratic theories of the period, saddled large landowner of the mountain State of Trujillo; another, the curious her with principles of popular government which never worked. The affair of June 8 at Willemstad, Curacao ; a third, the armed attack on greatest leader those reii.ons ever produced, Sim6n Boltvar, born in Cumana. Caracas, bad no illusions on the subject. It would be hundreds of yfars, Concerning the first, Gen ral Gomez hlmsel! took cognizance of it he warned, before democracy could hope to flourish among the republics when be authorized the pre s. dispatch from Caracas saying that he he founded. Until that time-the dictator, the cacique, the caudillo. had ordered five generals with appropriate troops to pursue and capture Some Venezuelan patriots hold that all the country needs, in order Gabald6n. The troops marched off into the nebulous, newsless interior. to emerge from her present paralysis, is riddance of the crowd of igno­ While they were gone a foreign gentleman in Caracas decided to under­ rant, mercenary politicos who surround Gomez. They point to the ·take a private expedition into the region reputedly disaffected and in a Argentine, which, upon the downfall of Rosas, surged forward to a state of war. condition of broad prosperity. They see the Venezuela of the future "All was peaceful as far as Valencia," he informed the writer, "but as a new Argentine-rich, productive, happy, united. there we were told that we never could get through to Trujillo, as fight­ What is needed, they say, is a government by experts who are hon­ ing was going on there. We began looking for corpses and listening for est men, dominated at first by a strong ruler. But the caudillo will shots, but there was some mistake. We found there never had been any not be needed long, they argue. There is too much at stake. Vene­ fighting there. zuela has too much innate wealth and power to be held back.. It could "Gabald6n seems to have had a fine time for a few days late in march forward under the impetus already potentially there, if relieved April, when Doctor Baldo, one of the Government officials, marched of oppression. against his 600 men with some 50 ragamuffins he had scraped up. The Meanwhile, the oppre sion grows. Caracas, two years ago a merr~ rebels set upon them gleefully, but, according to the best reports, Baldo and comfortable city, is being punished badly for daring to think. The was the only one wounded." race tracks are closed down, and so are the bullfights-amusements of Soon afterwards, the government set seriously about the task of cap­ the people. There is hardly a family in the city not oppressed by the turing Gabald6n, and did so. The seizure occurred near Barinas. But fact that some one of its members is jailed. Four years ago General Gabald6n had 1,000 men and these men are at large, revolutionaries Gomez opened the notorious Rotunda, and freed all political prisoners. say, near San Fernando de A.pure. The act was widely heralded, and El Benemerito obtained much praise. The filibuster at Willemstad and the raid on Cumana have been thor­ But it did not last long. oughly reported. Both succeeded apparently, in planting nuclei of rebels To-day, the Rotunda is full of prisoners again, and so are the other wjthin Venezuelan territory. Both were significant as showing the political jails. The number of men suffering the unspeakable penalties activity of Gomez's enemies. of imprisonment in Venezuela is greater than it has been for many 9946 GONGRESSION AL RECORD-SEN ATE JUNE 3 year·. They are counted by the thousands. • • • It is, perhaps, and seek redress through the local courts ; an answer of the first the la t gesture of an anachroni tie tyranny which is doomed, despite character would have been so manifestly unju t and contrat-y to prec­ the bucking of international oil. edent that it obviously could not be made. The only 'alternative, therefore, was an answer of the second character. This is the course ExHIBIT D taken by the State Department, which has made answer accordingly, and here is where the issue between the claimant and the department IN RE .JAMES E. WELCH, CLAL!dll.'T, AG.U::'IST YE!'\EZUELA is joined : This necessarily brings up the question, not only as to the Brief anu argument submitted by A. L. King, of the Columbia, S. C., system of law prevailin..,. in Venezuela, but al o as to how that law is bur on behalf of claimant admini tered. The evidence presented herewith, on behalf of the claim­ The affidavit by the claimant herein recite the fact up to the time ant, which is in the form of affidavit , letters, and article published be arrived in Washington, November 1, 1929. in responsible publications of this country, clearly makes out at least a A further statement of a few out tanding experience from the time prima facie case in favor of the contention that th re would be no he effected contact with the Department of State in Wa hington would chance of this citizen of the United States receiving justice in Yene­ eem to be appropriate here. zuela in such a case as the one presented here. It would seem, there­ The claimant has informed t he writer of this brief and argument fore, that the case is one fully warranting action on the part of some that the matter was first handled with him by Mr. Flournoy, one of the agency of the Government having authority to hear the fact , to con­ a. i tant solicitors of the department, and that thi · official stated to sider the lai>s, and write a judgment carrying the truth as to th him in sub tance : re pective contention of the partie . A a citizen of the nited States, •· You should have stayed at home, for then you would not have as an officer of the law of the land in my office as a duly lice'n. ed gotten into trouble in a foreign country."' attorney, as a member of a profe~sion, which some one ha been ple:hed The case was thereafter con idered at great length-at least from a to refer to as a "profession of justice," I mo t re pectfully declare standpoint of time-a the decision against claimant was .not rendered that I have studied this case at length, and it is my opinion that it until February 13, 1V30. is a case calling imperatively for affirmative action on the part of the Claimant states that a personal appeal to Mr. Cotton, who was Acting duly constituted authoritie of the Government of the United Statt-s ; Secretary of State when the adverse decision was made, only resulted otherwise a grave injustice will be done a citizen who has done no in a statement from Mr. Cotton to the effect that he would give claimant wrong and yet has suffered great injury at the hands of a de potic an appeal to Secretary Stirn ·on, but, he added, "If he, Mr. Stimson,· government in a foreign country. r ever:e my deci ion in this case I will laugh my head off." There is appended further reason for the views herei n expt·essed ; These features of the ca e are not pre ~ euted here with any intention a consideration of which is most earnestly urged upon all per on who e of trying to prejudice any one agaiiist the State Department, but rather duty it might be to consider the que tions presented in the record o40 for the purpose of showing that Render on at Bolivar, Van Engert at this ca e. Caraca , and Flournoy at Washington truly reflected the attitude of A. L. KING, Attorney for Claima·11t. the department toward the great question of human liberty and the fundamental rights of this citizen of the United States. EXHIBIT E An act passed oy the Congress in 18G8 and now set out in the tJnited States Code {A) in volume 8, paragraph 14, is as follows: IN RID JAMES E. WELCH AGAINST VE.'EZUELA "Whenever it is made known to the President that a citizen of the Brief of the law. Submitted by A. L. King, attornPy for claimant United States has been unjustly deprived of his liberty by or under the It need no citation of authority, we pre ume, to establi ·h that the authority of any foreign government it shall be the duty of the Presi­ illegal imprisonment of a citizen gives a cau e of action to the party dent forthwith to demand of that go>ernment the reasons for such again t whom the trespas · bas been committed. imprisonment; and if it appears to be wrongful and in violation of the It needs no citation of authority, we pre ume, to cstabli h the fact rights of American citizenship, the President shall forthwith demand that if the illegal arrest and imprisonment occurs in a country which -tbe release of such citizen, and if the release so demanded is tmreason­ declares by its written laws that if anyone suffers such wrong through ably delayed or refu ed, the President shall use such means, not amount­ the act of "legitimate authorities laboring in their public capacities," ing to acts of war, as he may think necessary and proper to obtain the right of action hall be not only against the individual directly or effectuate the release ; and all the facts and proceedings relative responsible for the trespa s, but also against the nation, the nation thereto shall as soon as practicable be communicated by the President can unqne tionably be held re,·ponsible in a ca e where the facts apply to the Congress." to the law as thus published and declared. The record in this ca e bows conclusively iliat this citizen of the It also needs no citation of authority, we presume, to establish the fact United States was unjustly imprisoned in a foreign country, and that that illegal imprisonment for 43 days anywhere is not damnum ob que; he called upon the proper representative of the United States Govern­ but to furni h conclusive authority on that point we cite the case of ment for aid. It shows, with equal conclusiveness, that those persons Kilbourn against Thompson. In the year 1881, Kilbourn was imprisoned who ·e obvious duty it was to supply him with the protection that was for about 45 days here in the Di trict of Columbia by Thompson, his sacred right, under the law of the land, utterly failed to perform Sergeant at Arms of the House of Representative , on an order from that duty. Now, the question i : What attitude is the Congress of a special committee. Kilbourn pro. ecuted a writ of habeas corpus to the nited States going to take as to this betrayal of public tru t on the United States Supreme Court and that court held that the im­ the part of tho e whose duty it was, and is, to see that the laws prisonment was illegal. Kilbourn brought suit against Thompson, and enacted for the protection of the fundamental rights of the citizens of was repre ented by Senator Voorhees, of Indiana, and other counsel. the Nation are duly enforced? The verdict wa for $100,000. A few extract from Senator Voorhees's I do not conceive it to be my duty to answer that que tion. But speech would seem to be particularly appropriate here : aside from the statute quoted supra, it would seem that there is an "I ay in this connection that the first duty of a government is to inherent duty on the part of the Government to protect its citizens protect its own citizen at home and abroad. No hig11 er duty toas evet· against unlawful impri onment-it ha been stated by one formerly high imposed upon, a government than t11i.s. A. govemment that is waling in the counsel of thi ~ation {the late Senator Voorhees, of Indiana) to imprison one of its 010/l citizens tcitlwut law, o1· allow any otlle1· that: nation to do it, is on the road to ruin. (Empha is (italics) addeu.) " The fir t duty of a government is to protect its own citizens at home "No man errs on the side of a high appreciation of the con ·titutional and abroad. ~o higher duty was ever imposed upon government than right of the citizen. this. A government that is willing to imprison one of its own citizens "If tlley had a right to take his liberty, they had a ri"'ht to tali:c without law, or allow any other nation to do it, is on the road to ruin." his life; life is not dearer than liberty; liberty i the deare t, in my Now, wus that only an "oratorical flourish" on the part of the estimntion. As to the lo of one or the other as a choice, I would say .spraket, or the statement of a fundamental truth? Tbe answer to that take my life, for without liberty life i of no value; none whate-ver; question i to be found in the fact that for self-preservation, if for no not the slighte t." other rea on, governments must see to it that their citizens who have Senator VANDENBERG, in his The Great American, quotes Hon. not forfeited their right to liberty by the violation of the law of either Elihu Root a saying of Alexander Hamilton : their own or any other country are free. If any agency is allowed by a "It is due to Hamilton, more than to any other save Wa hington, government to imprison even one of its citizens without due process of that thi.opbical prattle, not a barren generalities, bot as roles of con­ ment of the umpire ·be was not compelled to resort to the courts for duct, as symbols of public duty and pri;ate right to be adhered to his remedy. lie bad recourse to the Government of which be was a with religious fidelity." subject, there to obtain relief through diplomatic channels. * • - If one were of a mind to do so, quotations from innumerable states­ " The case before the tribunal was purely a lawless fJJ'Oceeding ·under men in every age of the world, from every section of the earth, could be certain color of law and legal authority and under certain forms of set out bowing that throughout all the ages the one bright star toward p1·acess but wholly again t the law of the land [the exact conditions which man has ever striven is liberty; that the one supreme ideal of existing in the Welch case] and was a gro s malver ation and malfeas­ life is freedom ; freedom from the thralldom of sin ; freedom from the ance by a chi! officer, constituted such by the laws of Venezuela, and limitations of life; freedom for the soul that it might commune in as much an affront to the honor of Venezuela as it is a deliberate in­ deed and in truth with that Supreme Being who is the author of lile, dignity placed upon the claimant and an affront to the claimant Gov­ the impersonation of liberty, justice, and truth. "Life, liberty. and ernment." (Emphasis (italics) added.) the pursuit of happine s," we declare to be the rights of all men, but "Before the c_ommis ion the oonorable commissioner for Venezuela it is the particular heritage of the people who make up the United urged the irresponsibility of the respondent Government for acts as States of America. are here complained of because of the federal character of the Ven­ It therefore is most obvious that whoever attempts to deprive a citi­ ezuelan Government and the conditions which thereby attach to na­ zen of this country of his liberty is taking a step that is of the gravest tional action. * * Internationally, the National Govermnent is po sible nature, and that any show of indifference on the part of the solely responsible for the proper safeguarding of the rights and u1terests officials of the Government who are given the power of protecting the of foreigneJ·s resident or commorant within its territo1·y. * citizen's inviolable rights should be met with the sternest form of re­ Gt·eat Britain can not deal with the State of Boli&ar; the national in­ buke by all statesmen and patriots to whose attention such delict is tegrity of the respondent Government alone would prevent it." brought. "A claimant in a foreign state is not required to exhaust justice in This is why we insist that this case has become so tremendously im­ such state when there is no justice to exhaost."-Secretary of State portant. In the first in tance, the case was between a nation presided during Grant's administration to Mr. Pile, minister to Venezuela. over by a despot, who, while permitting the fair and liberal laws in­ " It can not be acknowledged * that di-plomatic interference stituted by the great patriot, Simon Bolivar, to remain as the law of in such cases necessarily annihilates or trenches upon the peculiar func­ that country-in name-suspends such laws at will-and a citizen of tions of the judiciary of the country. In cases {)f denial of justice the the United States; but the case has finally grown int{) a contest where right of intervention through diplomatic channeL'S is allowed, and justice the law of the land is arrayed against the arbitrary and indifferent dis­ may be as much denied 1.Chen, as in this case, it 1oould be absurd to seek po ition of certain officials of the State Department, officials who posi­ judic£al process a-S if it had been demand-ed after having been sought." tively mis tate the facts upon which the case is based, and fail com­ (Emphasis (italics) added.) Mr. Fish, Secretary of State, to Mr. Foster, pletely to consider evidence of the most conclusive nature that bears minister to Mexico, December 16, 1873. directly on the whole matter. " The rule of obligation is perfectly distinct and settled. Each coun­ We make the foregoing direct charge becau e, in the letter from Act­ try is oound to give to nationals of another country in its territory ing Secretary of State Cotton to Senator BoRAH, of March 24, 1930, be the same protection, the same redress for injury, which it gives its own says: citizens, and neither more nor le s, provided the protection tchich the " It is important to observe that Welch has not yet been tried upon evernment for aid in the matter, and been denied $100,000, of which 15 per cent, or $15,000, has been paid by Venezuela, it, for him to go back into Venezuela now for any purpo e would be and with interest to date it would amount to double that sum. This, to fly into the face of Providence. Welch is a brave man, but one we think, t~nder the peculiar circumstances of this case) is sufficient in· man, no matter bow brave he might be, can not defend himself against demnity for the -t(}Y01l(J Venezuela committed in not trying a guilty man a despot who bas at his command all the arms in the country and all according to principles and methods of procedure established by their the cutthroats (of which there are thousands) at his back. We refuse, own laws." (Emphasis (italics) added.) therefore, to join issue with the State Department on that score; we The Davy case (1903). See Hudson's Cases on International Law, likewise refuse to accept that statement as any reason why Jame E. pages 1237-1239. (We quote in part from opinion of Plumby, umpire, Welch, citizen of the United States, resident in Venezuela, sb{)uld accept American. Davy was' a citizen of Great Britain.) as satisfaction for his illegal arrest, imprisonment, and other wr-ongs "It is also urged by the honorable commi sioner for Venezuela that suffered at the bands of duly authorized agents of the Venezuelan the claimant should find adequate remedy by civil action through the GovernmE-nt, the fact that one judge said, after be was impri oned 43 courts of Venezuela directed against the man or men who hafERICA, Welch, we are unwilling to have him be the first sacrifice upon the Caracas, Venezuela, September 14, 1~9. altar of any new system of law erected upon the theory that to be JAMES E. WELCH, Esq., placed in jail carries no hardship--if you finally get out. That to Care of Am,erican Consulate, Trinidad, British West Indies. have a judge declare that there was no legal cause for your imprison­ Sm : I beg to acknowledge the receipt of your letters of September 1, ment is vindication enough. In short, that the ruling of an official who 2, 4, and 5, 1929, the contents of which have been duly noted and will is sworn to represent the interests of the citizen under the law· of the be brought to the attention of the Department of State in Wa hingtou. land, although running counter to every rule of law that has ever been Shortly after your departure I received a telegram from Vice Conslll announced in this country shall be taken as payment in full and final Henderson to the effect that not only the civil action but also the settlement for acts constituting the grossest form of trespass, and a criminal case had been decided in your favor. most vicious invasion of human rights. We refuse to accept such a I am, sir, your obedient servant, settlement; we will not yield one jot or tittle from the standards set c. VAN H. E:>~GERT, by tho e patriots who laid down their very lives for the preservation Charge d' A;Uait·es a.d intet·im. of human liberty. The cause is too sacred, the issue is too big, the consequences are too grave, to permit us who represent this claim to In a letter to Senator BORAH, from State Department, March 24, accept a proposed settlement that carries with it nothing but discredit 1930, it is stated : to those who propose it, and dishonor to the Nation whose rights have " It appears further that the court in which the civil action men­ been invaded through an uncalled-for, illegal, and altogether outrageous tioned had been instituted rendered a decision in Welch's favor in attack upon one of its citizens by a foreign government-a government July, 1929, while Welch was in Caracas, thus making it possible for him who record of barbaric cruelty and fiendish treatment of its own citi­ to assume the custody of the child. There seems to be no indication zens is the best pos ible evidence of the fact that its despotic ruler of any unfair dealing on the part of the court in this regard. How­ knows no law but a law of his own will, in which there is to be found ever, it appears that Welch did not return to Bolivar for the child, but neither the attributes of mercy nor the faintest approach to a sense of instead of doing so came to the United States to pre s his claim.'' ju tice. We respectfully insist, with all the earnestness that we can command, CARACAS, April 8, 198{}-Received 9.33 p. m. that for the United States Government to encourage its citizens to go SECRETARY OF STATE, into a foreign country by publishing that laws exist for their protection, Washington: and that their Government will see to it that they are not imposed upon, 37, April 8, noon. and then, when the assaults against the rights of the citizen occur, turn Your telegmm of March 20, 4 p. m., No. 20. a deaf ear and fail to fulfill the guaranty, is dishonest and disgraceful The Foreign Office transmits a reply from the l\linistry of the Inte­ and contemptible to the last degree. rior which states that the Government of Venezuela has no objection We further respectfully insist that it is not a question of who the to Welch returning to Venezuela, and adds ubut concerning the removal citizen is who e rigllts have been violated-that is, whether he be a of his illegitimate ch,Hd, I inform you, that the FederaL E:cectttive can millionaire or a pauper, or a high Government official, or the humblest 110t intervene in that matter, because it depends on what administering citizen in the land-but it is a question of the integrity of the law, for jltBtice the competent courts 1nay hare decided in the matte1·.'' (Em­ the enforcement of which every citizen may be called upon to lay down phasis (italics) added.) his life if need be. SUMMERLIN, The interests of the Government and the citizen in this respect are mutual, and a reciprocal duty rests upon each party to the compact. DEPARTMENT OF STATE, The law of the land says : If the rights of the Government are invaded Washington, Ap1iL 14, 1930. and it calls upon you (the citizen) for aid you shall respond. It also In reply refer to SO. 331.1121 Welch, James E./39. says: If your rights (the citizen·s) are invaded by a force against The Hon. JosEPH E. RANSDELL, which you can not protect yourself and you call upon the Government United States Senate. for aid, it shall r espond. That is what citizenship means; that is what SIR: With reference to previous correspondence regarding the case allegiance means; it is a rule grounded in the idea of fairness, decency, of James E. Welch there is inclosed for your information a copy of a. justice, and right-the rocks upon which the structure of government in telegram dated April 8, 1930, which has now been received from the this country is erected, to the preservation of which all men who have American Legation at Caracas, in reply to a telegram sent by the de­ taken an oath of office are particularly and especially committed. partment at the request of 1\fr. Welch, instructing the legation to in­ quire of the appropriate Venezuelan authorities whether there is any ExHIBIT F reason why Mr. Welch can not enter Venezuela and leave unmolested' with his child. 1N RE JAMES E. WELCH AGAINST VENEZUELA Very truly yours, Statem-ent J. P. COTTON, We can not make it too plain that the first and foremost question in Acting Secn·etary of State. this whole matter is the child and whether, if Welch should return to Venezuela for it, he would be in danger from any source in that country. EXHIBIT G He fears becau e of previous experience when he was illegally imprisoned MAY 12, 1930. upon " charges " that had no foundation in fact and because of his Mr. A. L. KING, knowledge of general conditions existing in the country be would be in Attorney at Law, Dodge Hotet, Washi11gton, D. a. serious danger, unless he can go under the fullest announced protection DEAR MR. KING: In reply to your letter of the 11th instant, I con­ of his Government. Are these fears groundless or are they well founded? sider my duty as a Venezuelan patriot to accede to the request of Letters and telegrams furnished to Welch by the State Department the committee of the Senate of the United States to appear before it assert that it bas been judicially determined by the courts of Venezuela for the purpose of testifying about political conditions in my country that the child has been subject to his control and custody for many under the dictatorship of Gen. Juan Vicente Gomez, in case such a months past; yet in response to an inquiry made by the State Depart­ request should be sent to me by said honorable committee. ment, upon the .request of Welch, as to whether he could go into Besides that, I can present the testimony of som,e of the few victims­ Venezuela and leave unmolested with his child, the answer is-the tele- survivors of the cruelty of that tyranny, like my brother Mr. Luis 1930 CONGRESSIO~ AL RECORD-SENATE 9949 Jugo Delgado, and my cousin, Mr. Miguel Delgado Chalbaud, now resi­ Up to the year 1914 the President of the Republic was invested by dents of New York, who have suffered long years of prison without the constitution with the command of the army, of which he was the charges. They are under medical treatment for diseases contracted born head-" Jefe nato." But in that year, at· the expiration of his during their imprisonment. The last of these gentlemen is the brother fir~t constitutional term, General Gomez, instead of letting the people of Gen. Romlin Delgado Cbalbaud, who was killed last August in the E-lect a new Pre ident, staged a sham -revolution and declared the coun­ battle of Cumana, two years after his release of 14 years illegal im­ try under martial law. No presidential elections could be held under prisonment in the infamous jails of Gomez, where he and almost all the thei e circumstances and he continued ruling the country as " Presidente members of my family and thousands of other honorable gentlemen have en Campai1a '-President in Campaign-until 1D15, in which year, been sacrificed with irons and chains and hunger and tortures. affirming his dictatorial authority upon the National Congress, he had Very sincerely yours, the constitution nmended and the office of the " Comandante en Jefe P. J. JUGO DELGADO. del Ejercito ''-chief commander of the army-was created. He wa: elected by the _cong1·ess to fill this office, and Dr. Victorino Marquez ExHtBIT H Bustillos was elected at the same time to be the President of the Re­ NEw YORK CITY, May 15, 1930. public. Thi executive President, deprived of the command of the army, Mr. A. L . Knm, was virtually and effectively a mere meek constitutional puppet with· Attorney at Law, Wa-shington, D . 0. out any authority what oever. A military dictatorship beaded by Gen· MY DEAR Srn: It is perfectly troe that I am acquainted with the era! Gomez was thus constitutionally established, which lasted up to abnormal situation that exists in Venezuela. the year 1922, invalidating the most essential principles of democracy. As far as I am concerned, I can tell you that my father, Gen. R. At the end of this term, 1915-1922, the constitution was again Delgado Chalbaud, was kept in pri on for more than 14 years in a cell, amended and Gomez headed the Government as President elected for with irons, suffering from hunger and thirst each time he refused to pay the term 1922-1929. But, of course, the office of the " Comandante the enormous prices at which food and water were sold to him in the en Jefe del Ejercito" bad been previously abolished from the constitu­ prison. He was not allowed to communicate with anybody, but some­ tion by the National Congress in 1922. The constitution enacted by times with his fellow prisoners. What is more unbelievable yet, is that the Congress for this presidential term deserves a little attention in no kind of legal process brought him into prison but the fancy of the paragraph apart. president, J. V. Gomez, as my father was supposed to be the leader of Article 84 of the Con titution of the United States of Venezuela the opposition. enacted by the National Congress in 1909, which General Gomez lrad In the same year of 1913, 117 of other honorable gentlemen were sworn to re pect and uphold when he was elected President of the imprisoned and released after a period of three to nine years. Republic in his first constitutional term, reads as follows : After those long years, my father, ruined in his health and in his " The President of the Republic can not be elected to a consecutive fortune, was set free and exiled to France. From there he tried to term, even in the case of partial or total inability to fill the four initiate a claim against Gomez for the spoiling of his fortune and his years for which he may have been elected in the first place. Neither illegal imprisonment, but no answer was given to his request. can the citizen incumbent who may have held the Presidency the last Lastly, in August of 1929, my father was chosen as the leader in an year of the four years covering the first term be elected to a contiguous armed movement against Gomez, and was killed in the battle of subsequent term, nor the blood relation of either one up to the fourth Cuman(t. degree of civU consanguinity, or the second degree of affinity, ·both This movement was the hope of our country, for all the other pro· inclusive." tests, such as the protests of the students in 1928, bad been savagely 'This article was suppressed from the constitution, and General Juan repressed. Some of these young men were killed as the police of Vicente G6mez, his brother Juan Cris6stomo, and his illegitimate son Caracas fired at them who were unarmed. It will be ea Y to state a Juan Vincente were elected by the National Congress to fill the offices list of all the young tudents that have been in prison. of President of the Republic, First Yice President, and Second Vice The crimes of Gomez are rather difficult to establish because of its President. respecti>ely. infinite quantity, crimes that overthrow every day the constitution. So scandalous was this dynastic succession of the Presidency that I don't want to insist upon these facts that are so much painful it prompted the resignation of Dr. Santos A. Dominici, the then minister for me as for most of the Venezuelan people, but I send you this record of Venezuela to the United States, and needs no further commentary. established by men who suffered in the terrible prisons of Gomez. You At the end of this dynastic term, in 1929, the constitution bad to be will find also in the book of Mr. Pocaterra, another victim of Gomez, amended anew, and General Gomez was elected again by the National a relation of the bitter hom·s that Venezuelan people lived when they Congre s to be the "Comandante en Jefe del Ejercito," and Dr. Juan claimed for justice. Bautista Perez was elected at the same time to be the President of the Taking in consideration all these precedents you can judge that, toward Republic, for the term 1929-1936. Mr. Welch, the justice in my country has been rather good when you Let me tell you briefly the duties of these two heads of the state, 1bink of the cruelty applied to Venezuelan citizens. according to the constitution, that form a preposterous duality of mili­ We Venezuelans can not hope any foreign help, and don't want any, tary and civil powers, in which the civil President is, of course, tram­ but we wonder why such anachronistic crimes are not denounced pub­ pled under the foot of the military dictator. licly by the representati>es of foreign countries in ours. They seem to The decisions of the President have to be carried out in complete ignore everything, while, on the contrary, it is obvious that they know accord with the "Comandante en Jefe del Ejercito" to appoint and everything. With a contrary public opinion in the world I am not sure remove the members of the cabinet ; to govern the federal district ac­ that such · a barbarous crime as the one committed against the youth cording to the law; to summon the National Congress to extraordinary would have existed. ses ion with the approval of the cabinet; to declare war; to declare Very sincerely yours, mat·tial law ; to reorganize the governments of the states in case of DELGADO CHALBA GO. internal disturbance; to make use of the army to settle armed di putes among the states. But the "Comandante en Jefe del Ejercito" shall EXHrniT I have the command of the sea, air, and land forces and shall determine NEw Yo:nK, N. Y., May 16, 1930. their number. · Mr. A. L. Kum, It is obvious that a man like Juan Vicente Gomez, uneducated and Oare of Hon. A. H. Gasque, cruel, who came into power by an act of treason in the year 1908, House Office Building, Washington, D. 0. whose motives of behavior are his low instincts, invested with such DEAR SIR : Prompted by a sentiment of justice, I con ider it a duty unlimited power, ruling the country, as he has always done, with the to give you a candid reply to the question which you ask me in your authority of a feudal lord, has of necessity, by his own compelling letter of May 11, 1930, in regard to the resolution pending before the primitive nature, to overthrow and set aside all enacted laws and Senate of the United States providing for an investigation in Venezuela, disregard the most essential standards of morals and justice. with a view to determine to what extent, if any, the constitution and Under this military dictator hip the people of Venezuela are deprived laws published as being operative in that country are overthrown and of all their political rights and have undergone outrageous persecu­ set aside by dictatorial powers. tions. A regime of terror, a parallel of which can only be found in The constitution which is now in force in Venezuela is, in itself, the darkest ages of history, has existed in Venezuela since Gomez bas the most genuine expression of the dictatorial r~gime which has over· been overruling the people, and is liltill going on without showing any ruled the people during the last 20 years. sign of abatement. Just to the contrary, the dictator is now exerting In order to pave the way, under a legal expedient for the continua­ his authority with the utmost rigor and cruelty. tion in power of Gen. Juan Vicente Gomez, the dictator, whose will is To describe and state in specific cases the deeds of violence and the only law of the land and the fostering of his personal interests crimes that Gomez bas committed to maintain himself in power would the only consistent policy of the government, the constitution bas been fill a volume, and I can make at this moment only a general urvey of amended and reamended at the expiration of each pre idential term, the ominous conditions which have prevailed in the country during the according to the political conditions of the moment, so as to conform past 20 years. I shall try, however, to resume in a few concrete cases, it to the military dictatorship that this man Gomez has firmly estab­ outstanding in their sheer brutality, the absolute disregard of morals lished in the once-upon-a-time democratic Republic of Venezuela. and law besides those already accounted for performed with the consti- 9950 CONGRESSION .AL RECORD-SEN ATE JUNE 3 tution, which mez Peraza, surgeon; and that of Mr. made that no less than 15,000 men and college boys have perished in H. Anzola Afiez. This latter was searched at 1 o'clock in the night, captivity and onder forced labor in the roads. and the three boys-Jose Manuel, Ostilio, and Rolando--were taken As an instance of these monstrosities which are now happening in from their beds and are still in prison. a country where all the nations of the world have their diplomatic In August, 1927, about 100 boys of the Caracas Lyceu;n and La representatives accredited, which is linked to the United States even Salle School (my son Lyonel, 14 years old, was one of them) took some by an air-mail line, I can single out the fact that, from the last lot of banners and passed through the streets as a protest for the illegal • 1930 CONGRESSIONAL RECORD-SENATE 9951 imprisonment of many of their mates and hundreds of the students of The VICE PRESIDENT. Without objection, the letter and the univer ity, and as soon as Mr. Velasco, the governor, and Eustoquio clipping will be printed in the RECORD and referred to the Com­ Gom~ brother of Juan Vicente, the tyrant, heard of the incident, mittee on Commerce. took some soldiers in automobiles and ran after the boys, dispersing The matter is as follows : them and killing with their own pistols the conductor of the trolley MAY 27, 1930. car stationed at the corner of La Misericordia. This is a well-_known Senator CoLE. BLEASE, !act, and took place at no.on. Now, one of the killers, Eustoquio Senate Office Building, Wa-s hington, D. 0. Gomez, is the president of the Province called E tado Lara, and the DEAR Sm: I notice in a recent news item that the House of Repre­ other is the actual secretary of the treasury. sentative pas ed the White bill, providing for. a 5-year construction 'I'he very day of that event began a new series of imprisonments. Some and maintenance program for the United States Bureau of Fisheries boys were taken, and about 6 o'clock in the evening a few policemen and authorizing an appropriation of $3,500,000. Under this act 31 conducted two of them and were striking them with their clubs. new fi sh hatcheries are to be provided, 27 of which are primarily or A young man named Carlos Sarrfa Monserrate, belonging to one · of exclusively for game fish. I mention this in order to emphasize more the best families in Caracas, seeing this, tried to help the boys, warning strongly the contrast in the way the United States Government is pro­ the policemen, suffered a blow on biB forehead and got four bulletlt in ceeding as compared to the States, more particularly Maryland. Mary­ his back, being killed instantly. land has some of the finest fishing grounds in the country, or did have, Three days after that I myself was arrested, without charges, and until their value was destroyed by the fishing steamers, better known thrown tnto a place called " el rastrillo," in the pollee station, with as "purse netters." These purse netters have practically put an end 180 more individuals of all descriptions. The place was so small that to the once enormous quantities of fish that were in the Chesapeake we could hardly move around and had to sleep on the bare ground at Bay, the Potomac River, and the Patuxent River. the same spot. Ten days after that horror I dared to complain to one Through politics, combined with downright blindness on the part of of the jailers and was in!ormed that all the other prisons in the capital the State officials, they have allowed some 25 owners of these fishing were the same way, crowded to the top, but that within two or three -outfits to destroy the very thing that attracted and would ath·act days the Government would start transferring some of the prisoners thousand of people to her water-front resorts. These fishing outfits to the forts of Puerto Cabello and Maracaibo and then we could enjoy pay something like $450 each for their license. Truly Maryland is some comfort. getting a magnificent return from the waters of the State. These What crime had we committed to deserve such a terrible punish­ steamers are prohibited from fishing in the rivers such as the Potomac, ment? but I personally have seen them hauling their nets at least 10 miles up Some weeks afterwards I was relea ed and arrested again, and led the Potomac. And these nets ! Sixty feet deep, one-hal! mile or more this time to the celebrated prison La Rotunda. where I was thrown in in length, and with a three-quarter-inch mesh ! Why even the fisher­ the same department among other innocent and well-known persons, as men hauling the small seines from shore use a llh-inch mesh net. follows: Dr. J. T. Arreaza Calatrava, poet and lawyer; Dr. R. Cala­ The steamers sell their catch for fertilizer and are supposed to restrict trava Rengel, lawyer; Dr. R6mulo Lander, lawyer; Dr. Andres Eloy their catch to fish that are not edible, such as menhaden. But this is Blanco, poet and lawyer ; Dr. R. Irazabal Perez, physician ; Ram6n not the case. They catch any and every kind of fish that form in Hurtado, writer; Lucas Manzano, newspaper man; Joaquin Gabald6n, schools large enough to attract their attention. -Tons of fish at one of the bouse of representatives; and m~ny others that would be too long haul, whether they be rockfish, trout, or any other kind. Think how to mention. long it would take anglers to catch a ton of fish and the amount of Recently 1 have been informed tbat some of those fellow prisoners sport it would be. By doing away with the purse netters and thUB were released, but that the majority remain in the same awful condi­ allowing the bays and rivers to again become stocked with an abundance tions. of fish, Maryland would assure herself of a revenue far in excess of One incident worth relating during my stay in La Rotunda is that that obtained from the license fees of the purse netters. The numerous Dr. Irazabal Perez, who had also his two young sons in another prison, resorts would be crowded, the owners of the fishing boats for hire was so exasperated that one night cut himself, his wrist arteries, but would be enriched, the value of the property at the fishing places would was miraculously r escued. be increased by the building of cottages, and in many ways the State Another violation of the constitutional rights that I must quote is would gain. Think of the consumption of gasoline and the revenue the expulsion of citizens. Dr. Felix Montes, now in Puerto Rico, was from the gasoline tax: as one single item to be considered and compare expelled because he was proclaimed by a journalist, Mr. Rafael Arevalo the probable result with the return the State now receives. Othet· Gonzfi.lez, as a candidate to the Presidency of the Republic. Mr. Arevalo States have discov-ered that they are far better off by restricting the GonzAlez is in prison since then, dragging- chains and heavy irons on type of fishing now in use in Maryland waters and so will the State bis feet. of Maryland if she would but try it. Besides this, I have witnessed many other outrages committed even I am inclosing a clipping from the Washington Star, which takes up against very honorable ladies, like Mrs. Rita Besson de Broth and Mrs. this matter also, and gives some figures that are interesting-particu- Teresa Heseron de Duran, who were expelled from the country with­ larly those about the situation in the State of Maine. . out any other reason than the order of the despot. Quoting from a statement of Representative Ll:NTHICUM of Maryland, It seems to me that the few well-known facts I am speaking about "We should do everything possible to enlarge the fishing industry anJ a.re enough to prove that the actual Government of Venezuela-if such produce more fish. Some years ago I introduced two bills, one to pre­ a name can be given to the ferocious tyranny of Gomez, in our country, vent the use of fish in the manufacture of fertilizer, and the other to ­ under the disguise of the Pre idency of Dr. Juan B. Perez is a mock to protect migratory fish. I contended that we have just as mu ch right civilization, a tragic and shameful anachronism. The barbarity en­ to protect migratory fish as we have to protect migratory birds." throned _in this age of the Zeppelin and the television ; and most of Perhaps if some of the Senators and Congressmen from Maryland all, an insult, to the sacred names of Washington and Bolivar-these could be shown the situation that now exists, they might be able to two great paladins of liberty. take steps to bring about a change. I will appreciate anything that Very truly yours, you can do along this line, since I am an ardent fisherman and spend LUIS JUGO D. considerable time trying to catch fish in Maryland waters, and I am very sure that you will r eceive the thanks of many others, both the Mr. BORAH. Mr. President, I want to say just a word. ones that like to fish and the residents of Maryland's water fronts. Doubtless the Senator from Louisiana feels very deeply about Sincerely yours, this matter, but it is a very limited jurisdiction which the Com­ Dr. J. T. PRENDERGAST. mittee on Foreign Relations has in regard to it. It is a mat ter, if it is to be considered by our Go-vernment at all, for the con­ [From the Sunday Star March 9, 1930] sider a tion of the State D epa rtment. The Foreign Relations Committee can not communicate with the Goverument of Vene­ ROD Al\1> STREAM zuela , nor ca n it deal with it in any way at all. We might make By Perry Millet· a limited inve ligation, and after we got through we would Asa B. Gardiner, one of Maryland's enthusiastic fishermen, in a letter h ave accomplished lit tle or nothing. to Fishermen's Luck in the Baltimore Sun, presents one of the best arguments in favor of abolition of the purse netters ever printed, in the NET FISIDNG I N THE POTOMAC RIVER opinion of this column. Mr. BLEASE. Mr. President, I have recei'\'ed a letter, to­ The letter follows : gether with a newsp aper clipping, from a citizen of this city " This story is like the man who held a penny so close to his eyes asking me that I have them printed in the RECORD and referred that he could not see the $10 bill, because it relates to the State of to t h e Committee on Connner ce, in :reference to steamers using Maryland voting to take $450 in license fees and, blinded by the urn, n et s 60 f eet deep, half a ·mile or more in len gth, in fishing in failing to see that it would get 750,000. the Potomac River. This letter is signed hy Dr. J. T. Prender­ " It comes about for three simple causes­ ga t , of 457 G Street NW., and he says t ha t he is prepared to " 1. Politics. furnish proof to the proper autho:rities of all the facts stated in "2. Stupidity. his letter. " 3. Lack of interest. • 9952 CONGRESS! ON .AL RECORD-SEN ATE JuNE 3 "Let us consider these three conditions, but to first explain what is OL'Y of Joseph Hewes, signer of the Declaration of Independence, member the cause for all this. of the Continental Congress, and patriot of the Revolution. "~laryland has that great and fertile body of water, Chesapeake Bay. SEC. 2. There is hereby authorized to be appropriated, out of any And on each side of it she has fishermen. Men who fish and love to money in the Treasury not otherwl e appropriated, the sum of $2,500 to fish. And men who have boats that carry the fishermen to the fishing carry out the provision of this act. grounds. And boarding houses. And stores that supply food ·and com­ SEc. 3. That the plan and design of such marker or tablet shall be fort · to this group. subject to the approval of the National Commission of Fine Arts. " She also ha a few energetic politicians to the number of about 20 SEC. 4. That the Secretary of War is hereby authorized to do all who net schools of fi h in the waters of the bay by drawing a deep net thiugs neces ary to accomplish aid purpose, by contract or otherwise, around the school and catching the fish. And they are the purse netters. with or without adverti ing, under uch conditions as he may prescribe, "If these 20 or 25 rigs had made money in the last three years that including the engagement, by contract, of services of such architects, would not alter the situation; but, as a matter of fact, they have lost sculptor artists, or firms or pa1·tner ~ hips thereof, and other technical money. And in doing so they have damaged fishing for others. I and professional pe1·sonnel as he may deem nece sary without regard to can not take the space here to tell of one catch, 10 tons of rock, civil- ·ervicc requirement or re~trictions of law governing the employ­ our best fish, caught and spoiled, or of trout or of other fi h burt to ment and compensation of emplo;rees of the United States and to spend death, but enough to say that Maryland is one of the few States that in accordance with the provi._ions of this act such . urn of money as may permits this de tructive netting. be placed in his hands as a contribution additional to the .funds appro­ "And these 20 rig owners play politics and pay $4u0 license to the priated by Cong~·css. State and do nothing succe sful, but ruin the fishing. CELEBBATION AT GREAT F-UI.S, MONT., JULY 4 1930 " Here it is proper to say that the purse netters and the pound netters 1 are not the same type or kind of fishermen. The pound netter is a . Mr. FESS. From the Committee on the Library I report necessity and valuable to the State and is not to be legislated against, back favorably, without amendment, the· concurrent re olution but why the pound men, who are hurt badly by the purse netter, fall (H. Con. Res. 28) authorizing the appointment of a joint for the politics of the purse netter comes under the head of tupidity. committee of Congress to attend the one hundred and twenty­ " I think I express the sentiment of all those familiar with this matter; fifth anniver ary of the celebration of American independence that the pound netter is valuable to the community and the purse netter by the Lewi and Clark expedition on July 4, 1805. The is hurtful to the pound netter and the community. Senator from Montana [Mr. W .ALSH] is very anxious to have "There i further stupidity. Anyone who reads k"nows that fishing is the concurrent resolution acted on. I a!:lk for its pre ent con­ a great lure to our citizens. When fishing i good they go and they sideration. spend money. Maine leamed this and the protection she gave to her There being no objection, the Senate proceded to con ider water has increased her fishing tourists by some thousands and her the concurrent re olution, which was read and agreed to, as income by $10,000,000 -a year. And it costs more to go to Maine from follows: New York, Philadelphia, Baltimore, and Washington than to get to the Resol-ved by tll-e HotM{} of Representatit:es (tllc Senate concun·itlU), shores of the Chesapeake. Once the bay is good fishing yon can realize That a committee of three Member of the Senate, to be appointed by what it means. _ the Pre ident of the Senate, and three Members of the Hou e of Repre- "As a small goes , let us say that from the shores-east and west­ entatives, to be appointed by the Speaker of the llou e of Repre~enta­ there would be 1,000 more fishern1en with rod and line, and they wonld tive , shall represent the Congress of the l nited States at tlle one hun­ spend an average of $5 daily for 150 days of fishing, so 1,000 X5X150= dred and twenty·fifth anniver.,ary of the celebration of American inde­ $750,000. pendence by the Lewi and Clark expedition on July 4, 1805, at a "And who would get this money? The men, the boarding houses, and point adjacent to what is uow Great Falls, Mont., to be held at Great the stores on both shores of the bay. Falls, Mont., on July 4, 1930. The member of such committee hall be " Is it not stupid for the e people to pass up this golden harve t? paid their actual expen es, one-half out of the contingent fund of the Why they do is beyond rea oning. The towns and cities would also Senate and one-half out of the contingent fund of the Ilouse of Repre­ benefit by changing bands of money. sentative . "The e boatmen who take out fi bing parties are stupid because they have permitted the State to make an unconstitutional charge for gasoline. TREE-PLANTING OPERATIONS 0~ NATIOX.AL FORESTS " Even the pound netter, leaving in the dark of morning to go to hi Mr. i\IcNARY submitted the following report: net , gets no rebate of the State tax on gasoline, which tax is for hard roads. The farmer is exempt from gas tax and uses the roads, while The committee of conference on fte disagreeing T'Ote of the the man who needs gasoline to run his boat on the water to fish for a two House on the amendment of the Hou e to the bill (S. 3531) living or take out fishing parties pay the tax. This appears not only authorizing the Secretary of Agriculhue to enlarge tree-planting wrong, but that he sit and takes it in the jaw seems stupid. operations on national fore t , and for other purpose~ , having "Now here is a reasonable program: met, after full and free conference have agreed to recommend " 1. The State to forbid purse netting and reimburse the purse netteL'S and do recommend to their re~pective Hou e as follows: for their rigs. An item of about $25,000, but be just and pay what That the Senate re{:ede from its disagreement to the amend­ theit• value is. ment of the Hou e and agree to the same with an amendment as "2. Let the pound netters realize that they are a benefit to the com­ follows: In lieu of the matter proposed to be in erted by the munity and should be helped and not hurt. Hou ·e amendment insert the following: "3. That pound netters and fishing boatmen have the absolute right "That the Secretary of Agriculture is hereby authorized to to be exempt from the ga oline tax. e...,tablish forest-tree nurserie and do all other thing needful "4. That these men, the torekeeper , and boarding-house owners, and in preparation for planting on national forest on the scale all who are interested in the returns from good fishing on the bay po.., ible under the appropriations authorized by thi" act: Pro­ instruct their delegate and senators to carry through a program of this vided., That nothing in thi act shall be deemed to re trict the nature." authority of the said Secretary under other authority of law. This column would like to add that a law requiring the pound netters " • EO. 2. There i hereby authorized to be appropriated for the to cull their fish at sea would be of material help. According to the fiscal year ending June 30, 1932, not to exceed $250,000; for the Bueeau of Fisheries, thousands of small fish are allowed to die because ti. ·cal year ending June 30, 1033, not to exceed $300,000; for tlle the pound netters and others do not cull their fish. Ordinarily they are fiscal year ending June 30, 1934, not to exceed '400,000; and for dumped into boats and the small fish thrown away when the boats reach each fi cal year thereafter, not to exceed $400,000, to enable the shore. Secretary of .Agriculhue to e.Jabli h and operate nur erie , to MARKER IN MEMORY OF JOSEPH HEWES collect or to purcba e tree seed or young tl·ee , to plant tree , Mr. FESS. I report back favorably, without amendment, and to do all other thing nece..,sary for refore tation by plant­ from the Committee on the Library the bill (H. R. 11547) to ing or seeding national forest and for the additional protection, provide for the erection of a marker or tablet to the memory of care, nnd impro\ement of the resulting plantation or young J o eph Hewes, signer of the Declaration of Independence, mem­ growth. ber of the Continental Congress, and patriot of the Revolution, "SEc. 3. The Secretary of Agricultul'e may, when in hi" judg­ at Eclenton, N. C. I call this to the attention of the Senator ment such action will be in the public interest, require any pur­ from North Carolina. chaser of national-fore t timber to make deposit of money, in 1\Ir. OVERMAN. Mr. President, I ask unanimouN consent addition to the payment for the timber, to cover the co t to the for the present consideration of the bill. United States of (1) planting (including the production or pur­ There being no objection, the Senate proceeded to consider the chase of young trees), (2) sowing with tree seeds (including the bill, which was ordered to a third reading, read the third time, collection or purchase of such seeds), or (3) cutting, de troying, and passed, as follows : or otherwise removing undesirable trees or other growth on the Be ft enacted, etc., That the Secretary of War is hereby authorized national-forest land cut over by the purchaser, in order to im­ and directed to erect a marker or tablet At Edenton, N. C., to the mem- pro\e the future stand of timber: Praviiled, Thnt the total 1930 CONGRESS! ON AL RECORD-SEN ATE 9953 amount so required to be depo ited by any purchaser. shall not chase, in another, including, in addition to cases within the exceed, on an acreage basis, the aYerage cost of planting (in­ above general description, all cases where sale is either for cluding the production or purchase of young trees) other com­ shipment to another State, or for proces ing within the State parable national-forest lands during the previous three years. and the shipment out ide the State of the products resulting Such deposits shall be covered into the Treasury and shall con­ from such processing. Commodities normally in such current of stitute a ·pecial fund, which is hereby appropriated and made commerce ball not be considered out of such commerce through available until expended, to cover· the cost to the United State resort being had to any means or de-vice intended to remove of uch tree planting, seed sowing, and forest improYement work, transactions in re pect thereto from the provisions of this act. as the Secretary of Agriculture may direct: Provided, That any " U~'"FAIR CO~DUCT portion of any deposit found to be in exce s of the cost of doing " SEO. 2. It shall be unlawful )n or in connection with any aid work shall, upon the .determination that it is so in excess, tran action in interstate or foreign commerce-- be transferred to miscellaneous receipts, forest resene fund, as "(1) For any commission merchant or broker to make any a national-forest receipt of the fiscal year in which such trans­ fraudulent charge in respect of any perishable agricultural fer is made: Provided further, That the Secretary of Agricul­ commodity received in interstate or foreign commerce ; ture is authorized, upon application of the Secretary of the In­ " ( 2) For any dealer to reject or fail to deliver in accordance terior, to furnish seeillings and/or young trees for replanting of with the terms of the contract without reasonable cause any burned-over areas in any national park." perishable agricultural commodity bought or sold or contracted And the House agree to the same. to be bought or sold in interstate or foreign commerce by such CHAS. L. McNARY, dealer; G. W. NoRRIS, "(3) For any commission merchant to discard, dump, or de­ J OS. E. RANSDELL, stroy without rea onable cause any perishable agricultural Managers on the part of th,e Senate. commodity receiyed by such commission merchant in interstate G. N. HAUGEN, or foreign commerce; FRED S. PURNELL, " ( 4) For any commission merchant, dealer, or broker to D. H. KINCHELOE, make, for a fraudulent purpose, any false or misleading state­ Managers on the part of th,e Ho·use. ment concerning the condition, quality, quantity, or disposition of, or the condition of the market for, any perishable agricul­ The report was agreed to. tural commodity which is receiYed in interstate or foreign com­

MARK.ETI~G PERISHABLE AGRICULTURAL COMMODITIES merce by such commi sion merchant, or bought or sold or con­ tracted to be bought or sold in such commerce by such dealer ; Mr. McNARY ubmitted the following report: or the purchase or . ale of which in such commerce is negotiated by such broker ; or to fail or refuse truly and correctly to The committee of conference on the disagreeing votes of the account promptly in respect of any uch transaction in any such two Houses on the amendment of the House to the bill ( S. 108) commodity to the person with whom such tran action is bad ; to suppress unfair and fraudulent practices in the marketing of "(5) For any commis ion merchant, dealer, or broker. for a perishable agricultural commodities in interstate and foreign fraudulent purpo. e, to repre ent by word, act, or deed that any commerce, having met, after full and free conference have perishable agricultural commodity received in inter tate or for­ agreed to recommend and do recommend to their respective eign commerce was produced in a State or in a count1·y other Hou. es as follows: than the State or the country in which such commodity was That the Senate recede from its disagreement to the amend­ actually produced; ment of the Hou e and agree to the same with an amendment " ( 6) For any commis ion merchant, dealer, or broker, for a as follow : fraudulent purpose, to remove, alter, or tamper with any card, In lieu of the matter proposed to be inserted by the House stencil, stamp, tag, or other notice, placed upon any container amendment in ert the following : or railroad car containing any pelishable agricultural com­ "That when used in this act- modity, if uch card, stencil, stamp, ta~, or other notice contains " (1) The term 'per on' includes indiviuuals, partnerships, a certificate under authority of any Federal or State inspector corporations, and a. ociation ; as to the grade or quality of the commodity contained in such <~(2) The term 'Secretary' means the Secretary of Agri- container or railroad car or the State or country in which such culture; ' commodity was produced. ' (3) The term 'interstate or foreign commerce' means com­ "LICE~SES merce between any State or Territory or the District of Colum­ " SEC. 3. (a) After the expiration of ~ix months after the bia and any place outside thereof; or between points within the approval of this act no person shall at any time carry on the Rame State or Territory or the District of Columbia but through bu ine of a commis ion merchant, dealer, or broker without any place outside thereof; or within the Di trict of Columbia; a license valid and effective at such time. Any per on who vio­ 11 ( 4) The term 'peri hable agricultural commodity' means lates any provi ion of this subdivi ion shall be liable to a pen· any of the following, whether or not frozen or packed in ice : alty of not more than $500 for each such offen e and not more Fresh f1·uits and fresh vegetables of every kind and character ; than $25 for each day it continues, which hall accrue to the "(5) The term 'commi , ion merchant' means any person United States and may be recove1·ed in a civil suit brought by engaaed in the bu iness of receiving in inter tate or foreign the United State . commerce any perishable agricultural commodity for sale, on "(b) Any person de iring any such licen e shall make appli­ commission, or for or on behalf of another ; cation to the Secretary. The Secretary may by regulation pre­ " ( 6) The term ' dealer ' means any per on engaged in the scribe the information to be contained in such application. bu ·ine s of buying or ~elling in carloads any perishable agricul­ Upon the filing of the application, and annually thereafter, the tural commodity in inter"tate or foreign commerce, except that applicant shall pay a fee of $10. (A) no producer shall be considered as a 'dealer' in respect " SEC. 4. (a) Whenever an applicant has paid the prescribed of sales of any such commodity of his own rai ing; and (B) no fee the Secretary, except as provided in subdivision (b) of this person buying any such commodity solely for ·sale at retail shall section, shall is ue to such applicant a license, which shall be considered as a ' dealer ' in respect of any such commodity entitle the licensee to do bu iness as a commission merchant in any calendar year until his purcha es of such commodity in and/or dealer and/or broker unless and until it is suspended carloads in such year are in exces of 20. Any person not con­ or reYoked by the Secretary in accordance with the provisions sidered as a 'dealer' under clauses (A) and (B) may elect to of this act, but said li.cen e shall automatically terminate unless ecure a licen e under the pro"isions of section 3, and in such the annual fee is paid within 30 days after notice has been ca e and while the license is in effect uch person shall be con­ mailed that payment is due. sidered as a 'dealer.' A used in this paragraph, the term 'in " (b) The Secretai·y hall refu e to i sue a license to an ap­ carloads' includes corresponding wholesale or jobbing quanti­ plicant if after notice and hearing he finds (1) that the appli­ ties as defined for any such commodity by the Secretary ; cant has previously been responsible in whole or in part for "(7) The term 'broker' means any person engaged in the any violation of the provisions of section 2 for which a license business of negotiating sales and puTchases of any perishable of the applicant, or the license of any partnership, association, agricultural commodity in interstate or foreign commerce for or corporation in which the applicant held any office or, in the or on behalf of the Yendor or the purcha er, respectively; case of a partnership, had any share or interest, was revoked, " ( 8) A transaction in respect of any perishable agricultural or (2) in case the applicant i a partner hip, association, or commodity shall be consiUered in interstate or foreign com­ corporation, that any individual holding any office or, in the merce if uch commodity is part of that current of commerce case of a partner hip, having any interest or share in the ap­ usual in the trade in that commodity whereby such commodity plicant, had previously been responsible in whole or in part and/or the products of such commodity are sent from one State for any violation of the provisions of ection 2 for which the with the expectation that they will end their transit, after pur- license of such individual, or of any partner hip, association, or 9954 COXGRESSIONAL RECORD-SENATE JUNE 3 corporation in which such per.:on held any office or, in the case appeal. If the petitioner finally prevaiL, he shall be allowed of a partnership, had any .. hare or iutere t, was revoked. Not­ a rea onable attorney's fee, to be. taxed and collected a a po.t·t with ·tanding the foregoing provi ·ion~, the Secretary, in the case of the co t of the suit. of uch applicant, may issue a license if the applicunt furnishes « SUSPENSWN .A~D REVOCATION OF LICE~SE a bond or other satisfactory assurance that his busine s will be "SEC. 8. Whenever the Secretary determines, as provided in conducted in accordance with the provLions of this act, but section G, that any commission merchant, dealer, or broker hns ucb Jicen e shall not be is ued before the expiration of one year violated any of the provi ·ions of section 2, he may publish the from the date of such revocation. factT anu circmu:::tance · of such Yiolation and/ or, by order, " LIABILITY TO PERSOX Da:\U.GED su::~peod the llcen ·e of uch offender for a period of not to " 'Ec. 5. (a) If any commi sion merchant, dealer, or broker exce ~d 90 day , except that if the violation is a flagrant or violates any provision of paragraph (1), (2), (3), or ( 4) of repeated yiolation of uch provi ions, the Secretary maJ· by section 2 he hall be liable to the person or per ·on injured order revoke the license of the offender. thereby for the full amount of damage· n ~ tained in c-onsequence <) Any officer or agency of any State or Territory having competent jlll'isdiction by the collllllission merchant, dealer, or jlll'isdiction over commi ion merchant·, dealer"·, or brokers in broker against whom such order is directed to have such order such State or Territory, and any employee of the United State set a •ide or it enforcement, operation, or execution uspendetl Department of Agriculture, or any intere ted person, may file, or re trained. in accordance with rules and regulation of the Secretary, a II I~JU!'ICTIO:-IS complaint of any violation of any provision of section 2 by any " SEc. 11. For the purpo ·es of this act the provisions of all commi ·ion merchant, dealer, or broker, and may reque ~ t an law relating to the su pending or resn·aining of the enforce­ inve ·tigation of uch complaint by the Secretary. ment, operation, or execution, or the setting aside in whole or in " ( c} If there appear to be, in the opinion of the Secretary, part, of the order of the Interstate Commerce Commi sion are any rea onable ground' for investigating any complaint made made applicable to orders of the Secretary under this net and under this . ection, the Secretary hall investigate uch com­ to any per,_on subject to the provisions of this act. plaint, and may, if in his opinion the fact warrant such action, " GE~'ERA.L PROYISIO:-IS have said complaint served by registered mail or otherwise on "SEC. 12. The Secretary may report any violation of thi · act the per on concerned and afford such person an opportunity for which a cinl penalty is provided to the Attorney General of for a hearing thereon before a duly authorized examiner of the United State , who shall cause appropriate proceeding to the Secretary in any place in which the aid per on is engaged be commenced and prosecuted in the proper courts of the United in business. State without delay. The co ts and expense of such proceed­ " ( d} After an opp tunity for a bearing on a complaint the ing shall be paid out of tlle appropriation for the expen es of Secretary shall determine whether or not the commission mer­ the courts of the United States. chant, dealer, or broker has violated any provision of seetion 2. 'SEC. 13. (a) In the investigation of complaint under this " (e) In case complaint is made by a nonre ·ident of the act, the Secretary or hi duly authorized agents shall llave the Uniteu States before any action is taken thereon, that the com­ right to in... ;pect such accounts, records, and memoranda of any plainant shall be required to furni ·h a bond of double the commi ·sion merchant, dealer, or broker as may be material for amount of the claim, the bond to be conditioned upon the pay­ the determination of any such complaint. If any ncb com­ ment of cost , including attorney's fees of respondents, in case of mis ion merchant, dealer, or broker refuses to permit such in- failure to sustain the ca e. pection, tlle Secretary may publi h the facts and circum tance « REPARATION OBDER and/or, by order, su .. pend the license of the offender until per­ "SEc. 7. (a) If, after a hearing on a complaint made by any mi. ion to make such inspection is given. person under section 6, the Secretary determines that the commis­ 1 (b) The Secretary, or any officer or employee de"ignnted sion merchant, dealer, or broker ha · violated any provision of by him for such purpose, may hold hearings, sign and issue paragraph (1), (2), (3), or (4) of section 2, he hall, unless subprena , administer oaths, examine witne ses, receive evidence, the offender has already made reparation to the person com­ and require by subprena the attendance and te timony of wit­ plaining, determine the amount of damage, if any, to which nesses and the production of such accounts, records, and memo­ uch person is entitled a a result of such violation, and shall randa as may be material for the determination of any com­ make an order directing the offender to pay to sucb person com­ plaint under this act. plaining such amount on or before the date fixed in the order. " (c) In case of di obedience to a subprena, the Secretary or "(b) If any commission merchant, dealer, or broket· does not any of his examiners may invoke the aid of any court of the comply with an order for the payment of money within the United States in requiring the attendance and te timony of time limit in such order, the complainant, or any person for ?titnesse · and the production of accounts, record. , and memo­ who e benefit such order was made, may within one year of randa. Any district court of the United States within the juris­ the date of the order file in the di trict court of the United diction of which any hearing is carried on mny, in case of State for the d.i trict in which be resides or in .which i located contumacy or refusal to obey a ubprena issued to any person, the principal place of business of the commis ion merchant, is ue an order requiring the per on to appear before the Secre­ dealer, or broker, or in any State court having general juris­ tary or his examiner or to produce accounts, records, and memo­ diction of the parties, a petition setting forth briefly the causes randa if so order£>d, or to give evidence touching any matter for which he claims damage and the order of the Secretary in pertinent to any complaint; and any failure to obey uch order tbe premises. Such suit in the district court shall proceed in of the court hall be puni ·hed by the court as a contempt all respects like other civil suit for damages except that the thereof. finding. and orders of the Secretary hall be prima facie evi­ " (d) The Secretary may order testimony to be taken by dei>OSi­ dence of the facts therein tated, and the petitioner shall not tion in any proceeding or investigation or incident to any com­ be liable for co t in the dish·ict court nor for co ts at any sub­ plaint pending under this act at any stage thereof. Such sequent state of the proceeding · unle...,s they accrue upon his dt'positions may be taken before any person de ~ ignaled by the 1930 CONGRESSIONAL RECORD-SENATE 9955 Secretary and having power to administer oath. . Such testi­ dealer, or broker, within the cope of hi employment or offiCE:, mony shall be reduced to writing by the person taking the shall in every ca e be deemed the act, omission, or failure of depo ition or under his direction and shall then be subsc1ibed such commission merchant, dealer, or broker as that of such by the deponent. Any person may be compelled to appear and agent, officer, or other person. depQ. e and to produce accounts, records, and memoranda in the " EPARABILITY same manner as witne ses may be compelled to appear and " S:mc. 17. If any provision of this act or the application testify and produce accounts, records, and memoranda before thereof to any per on or circum tances is held invalid, the the Secretary or any of his examiners. validity of the remainder of the act and of the application of " (e) Witnes. es summoned before the Secretary or any officer such provision to other perl:loru; and circumstances shall not be or employee designated by him shall be paid the same fee and affected thereby. mileage that are paid witnesses in the courts of the United " SHOUT TITLE States, and witne ses whose depositions are taken and the per­ " Sro. 18. This a ·t may be cited as the ' PerLhable agricul­ sons taking the same shall severally be entitled to the same fees tural commoditie act, 1930,'" a are paid for like service in the courts of the United States. And the Hou e agree to the ame. "(f) No per on hall be excused from attending, testifyi'iig, CHAs. L. McNARY, answering any lawful inquiry, or deposing, or from producing J OS. E. RA~ SDELL, any documentary e\idence, before the Secretary or any officer JNO. THOM.AB, or employee de ignated by him, in obedience to the subprena of MQtnagers on tile part of the Senate. the Secretary or any such officer or employee, in any cause or proceeding, ba. ed upon or growing out of any alleged violation G. N. HAUGEN, of this act, or upon the taking of ·any depo ition herein J}rovided FRED S. PURNELL, for, upon the ground or for the rea on that the testimony or D. H. KINCHELOE, evidence, documentary or otherwise, required of him may tend Managers on th-e part of the House. to incriminate him or ubject him to a penalty or forfeiture. But no natural per ;~ on shall be prosecuted or subjected to any The report was agreed to. penalty or forfeiture for or on account of any transaction, PROTE'STS AGAI ', T THE T.ARIFF BILL matter, or thing, concerning which he is compelled under oath The VICE PRESIDENT laid before the Senate the following so to testify, or produce evidence, documentary or otherwise, message from the President of the United States, which was before the Secretary or any officer or employee de ·igna ted by read, and, with the accompanying papers, ordered to lie on the him, in obedience to the ubprena of the Secretary, or any such table: officer or employee, or upon the taking of any such depo ition, To the Senate: or in any such cause or proceeding: Pro,;idcd, That no per. on . o te tifying hall be exempt from prosecution and punishment In re pon e to the Senate' resolution of May 2G, 1930, I for perjury committed in so te tifying. tran. mit herewith a report by the Acting Secretary of State " SEc. 14. The Secretary i hereby authorized, independently furni bing a copy of Volume XVIII of the hearings before the and in cooperation with other branches of the Government, Committee on Finance, in which appears in printed form copies State, or municipal agencies, and/or any person, whether oper­ of all communications with regard to the present tariff readju t­ ating in one or more jurisdictions, to employ and/or license ment received from foreign governments up to September 5, in pectors to inspect and certify, without regard to the filing of 1!)29, and copif' of communications received ince September 5, a complaint under this act, to any intere~ted person the das , 192tJ. Tbe volume inclosed ha been prepared from copies of quality, and/or condition of any lot of any periJ hable agricul­ communication forwarded to the chairman of the Committee on tural commodity when offered for interstate or foreign ship­ Finance by the Secretary of State. ment or when received at places where the Secretary shall find HERBERT HoovER. it practicable to provide ueh service, under uch rules and reg­ THE WHITE HousE, Wash-ington, June S, 1930. ulations a he may pre cribe, including the payment of uch (Inclo ure : Copy of Volume XVIII. List of communciations fee and expenses as will be reasonable and as nearly a may be receh·ed ince September 5, 1tJ29. Copies of communications to cover the co~t for the service rendered: Pro·vided, That fees received since September 5, 1929.) for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the term of his conh·act of em­ EXECUTIVE MESSAGES REFERRED ployment with the Secretary as compensation for hi services, The VICE PRESIDENT laid before the Senate messages from shall be depo.,ited into the Treasury of the United States a· mis­ the President of the United States making sundry nominations, cellaneous receipts, and fees for in pections made by an in. pee­ which were referred to the appropriate committees. tor acting under a cooperative agr~ement with a State, munici­ 0. H. P. SHELLEY'S VIEWS ON AGRICULTURE AND F.ARM RELIEF pality, or other person shall be dispo ed of in accordance with PROBLEMS the terms of such agreement: Prcn-ided. fttrtlzer, That expenses for travel and subsistence incurred by in pectors hall be paid Mr. FRAZIER. Mr. President, I present and ask leave to by the applicant for in. pection to the distions noon, becau e I think "ufficient notice should be given to Sen­ antl remedies have been tried and fonnd helpful, but the problf!m has ators of tba time when tlle vote i to be taken. However, not yet been solved, as evidenced by the present price of when.t and earlier in the day I did ask unanimous consent that a vote be other farm products. taken to-morrow at 4 o'clock. Obj ection was made to that, The farmer:; of this State and adjoining State are now attempting which left the inference with me that there would be consider­ to remedy price and production conditions by cooperative organizations. able debate. Therefore I am asking that we proceed until Some of these organizations are in a formulative and experimental 5 o'clock, so as to exhau t the debate, in view of the refu al of state, and as yet it is not possible to determine whether or not they the Senate to agree to a vote orne time to--day or to-morrow or will be successful. It is hoped that much good will come from these the day following. That i · the reason why I am trying to organizntions and that with the help of Federal agencies the agri­ keep a quorum pre ent, so that we may proceed this afternoon. cultmal industry will be stabilized and the farmer and stockman will Mr. GEORGE. I will say to the Senator that anyone who again become prosperous. I am confident that additional legislation proceeds to discuss the report now will within five minutes be wiU be needed and I pledge my elf to work and to vote for any measure able to call for a quorum, and the roll call will fail to develop that will help to fully stabilize this most important industry. a quorum. I believe the Senator knows that to be true. Of Transportation of our farm products to markets ba much to do with cour e, if the Senator wi he to take that course, be may do so. the success or failure of the American farmer, and particularly the 1\lr. McNARY. There is a goodly number of Senators pres­ farmer of this State. It costs approximately 35 cents per hundred ent, and the Senator may proceed for a while; and if we fail to pounds to transport our farm products to the mat·kets at Minneapolis ke~p a quorum, the Senator can go on to-morrow. and Chicago, and to the Atlantic coast the cost is much higher. Read­ 1\Ir. GEORGE. It was not my purpose to di cu s the report justments and lowering of freight rates must be accomplished. The now or hereafter, but I would not see the vote come this after­ Great Lakes-St. Lawrence waterways proposal is of vital importance noon, because, with no previous notice to the Senate and a bare to every person in Montana, and I pledge myself to work incessantly quorum present, I do not think it would be fair. fo1· the development and building of this waterway system of trans­ I want to put into the RECORD at this time two editorials, and portation until it becomes a reality. I am going to a k that the clerk read them. The fir t is an Great assistance could be rendered by means of roads constructed with editorial from the Atlanta Constitution of June 2, and the ec­ the aid of the Federal Government, which would naturaUy lessen the ond is an editorial from the Atlanta Journal. I ask that these cost of marketing farm products. Federal aid has been of great benefit editorials may be read as expre sive of the opinion of the South­ in tbe construction of arterial highways. In addition to these, relief east on the pending tariff mea ure. could be given to farming communities through Federal cooperation The VICE PRESIDENT. The clerk will read, as requested. by improving secondary roads, thus completing the much-needed link The legislative clerk read as follows: between the farmer and his loc~l market, and to the accomplishment [From the Atlanta Constitution, June 2, 1930] of this program I pledge my untiring efforts and unqualified support. THE MOO~EY TARIFF ATTACK 0. H. P. SHELLEY. Significant of the attitude of many of the large manufacturing con­ REVISION OF THE TARIFF----cONFERENCE REPORT cerns of the country to the Hawley-Smoot tariff bill was the attack on The Senate resumed the consideration of the report of the the measure made in a recent speech by President JamE-s D. Mooney, of committee of conference on the disagreeing votes of the two the General Motors Export Co. House· on certain amendments of the Senate to the bill (H. R. Mr. Mooney held that the higher tariff will be harmful to the majority 2667) to provide revenue, to regulate commerce with foreign of the people, in that it will increa e the costs of living and that it countries, to encourage the industries of the United States, to will not only retard our commercial recovery from the slump of last protect American labor, and for other purposes. fall but that it will permanently reduce the volume of American busi­ Mr. BORAH. Mr. President, I suggest the absence of a ness. He feels that it will impose additional burdens which must be quorum. borne by the worker, the farmer, and the industrialist alike, with The VICE PRESIDENT. The clerk will call the roll. benefits accruing only to a few favored beneficiaries. The legislative clerk called the roiL and the following Senators To use Mr. Mooney's words : answered to their names : "Men like Blaine, Garfield, and McKinley figured in our history as Allen Frazier McNary Simmons representatives and 'high priests' of the protec1.ioni t policy, yet all Barkley George Metcalf Smoot of them knew that there is a point bE"yond which 'protection ' ceases BlainE' Glas Moses Stephens BTea. Glenn Norbeck Swanson to protect and b('gins to destroy, and that this point is always reached Borah Hanis Norris Thomas, Idaho when the prosperity of a country becomes in great part depE"ndent on Bratton Harrison Nye Thomas, Okla. its foreign trade. All of the facts prove conclusively that our industrial Broussard Hayden Oddie _ Townsend Capper HeiJert Overman Trammell dev('lopm('nt bas now reached and passed this point. Let us hope that, Connally Heflin Phipps Vandenberg after all, it may not require a national misfortune to impres this fact Copeland Johnson Pine Walsh, Mass. on the consciousness of our statesmen, and that the gravity of the Couzt>ns Jones Ransdell Walsh, Mont. Cutting Kean Robinson, Ind. Watson situation will become impressed upon them before the damage is done." Dill La Follette Robsion, Ky. It is growing more and more apparent that our prosperity in future Fess McKellar Sheppard will be largely dependent upon the prosperity of Europe and the other The VICE PRESIDENT. Fifty-four Senators having an- sections of the world that are the buyers of our agricultural and swered to their names, a quorum is present manufactured goods. The Hawley-Smoot bill will so reduce the buying 1930 CONGRESSIONAL RECORD-SENATE 9957 power of the e countries as to make it practically certain that our NOMINATIONS imports to them will reach the lowest ebb in many years. Especially in E;recufi:t'e 1wminations received by the Se-ttate June· 3 ( legi~la­ the nations of Europe which are at this time endeavoring to lift the tive da.y of May 29) , 1980 staggering load of debts which followed the World War and the economic uepre ion afterwards is it necessary that their industries be run at PRoMOTIONS IN THE NAVY full capacity, with the full manpower of the countries at wo1·k. The Midshipman Harold K. Feiock to be an ensign in the Navy foreign factories and industrial plants will not be able to operate on any from the 5th day of June, 1930, to correct his statu a previ­ uch program in face of a tariff wall shutting them out from participa­ ously nominated and confirmed. tion in the markets of the United States. Po TMA, TERS As in the case of Cuba, where the high sugar tariff wrought such ARKANSAS economic depression as to result in the dropping of our exports to the Roy L. Goad to be postma ter at Cabot, Ark., in place of island Republic from nearly 500,000,000 annually to less than $200,- R. L. Goad. Incumbent's commis. ·ion expires June 12, 1930. 000,000 last year, these European countries will lose their buying power, and the industries and agricultural interests of America will be the CALIFORJ\"'IA final sufferers. Thoma J. Durfee to be postmaster at Bieber, Calif., in p!ace The Hawley-Smoot tariff bill, designed for the enrichment of a few of T. J. Durfee. Incumbent's commission expired March 29. favored intere ts, if enacted into law, would be a potential threat to 1930. the prosperity of all tbe nations of the world. In it President Hoover Crowell D. Eddy to be postmaster at National City, Calif., in is faced with as seriou a decision as has come before an American place of M. P. Moeser, resignetl. Pre ident since tbe World War. Upon his decision will rest either the Harry B. We tgate to be postmaster at Pomona, Calif.; in enriching of an already prosperous cia , or the protection of the people place of H. B. Westgate. Incumbent's commission expired as a whole from the bUI·dens which this tariff law would impose upon l\Iay 5, 1930. them. William H. Hitchcock to be postmaster at Shafter, Calif., in place of W. H. Hitchcock. Incumbent's commission expired [From the Atlanta Journal, May 29, 1930] March 2, 1930. CONNECTICUT HEAD LACKEY TO THE GRUli'DIES Frederic D. Parker to be postmaster at Clinton, Conn., iri Such doubts as charity may have indulged regarding the real nature place of J. L. Eliot. Incumbent's commission_expired February of the Tariff Commi sion are swept away by an utterance of that body running on this wise : "Agriculture will benefit greatly by the new 6, 1930. tariff bill. Approximately 68 per cent of the increase of total duties DELAWARE is on imports of agricultural raw material and as compensatory duties William L. Parker to b~ posmtaster at Millsboro, Del., in on industrial products made from such raw materials." place of W. L. Parker. Incumbent's commission expire June If the commission were speaking sarcastically, this statement would 28, 1930. be a rare mor el of wit; but its obvious intent is to aid the passage FLORIDA of the most inequitable, the most unscientific, the most hazardous, and, Algernon Keathley to be po trna. ter at Brooksville, Fla., jn as far as agriculture is concerned, the most perfidious tariff scheme of place of Algernon Keathley. Incumbent's commis ion expired our time . Respon ible spokesmen for the farmers denounce the bill May 29, 1930. as a betrayal of their rights and a repudiation of the pledge to give ILLINOIS agriculture a square deaL Economists warn that its enactment will Hoyt B. Kerr to be postmaster at Brookport, Ill., in place of injure the rank and file of American producers, particularly those -on H. B. Kerr. Incumbent's commission expires June 16, 1930. the soil, will tend to increase unemployment rather than diminish it, Victor F. Boltenstern to be postmaster at Cambridge, Ill., in and will obstruct international trade at the very time when our indus­ place of V. F. Boltenstern. Incumbent's commission expired tries are most in need of foreign markets. April 16, 1930. Such is the measure which the Tariff Commission, supposedly nn Clyde S. Coyle to be po tmaster at Hurst, Ill., in place of informed and impartial agency, sallies forth to defend! If it were S. R. Warder, re igned, true to the public good, it would protest instead of apologizing for Ora C. Baiar to be postmaster at Johnston City, Ill., in place such legislation, and the lea:st it could do in merest propriety would be of 0. C. Baiar. Incumbent's commission expired April 28, 1930. to keep silent. But, throwing seemliness to the winds, it rushes into Howard J. Bailey to be postmaster at Princeton, Ill., in print as a lackey of the Grundies, and is ues a statement which brazen place of 0. B. Harrauff. Incumbent's commission expired De­ lobbyists might well blush to own. To this commis ion and to him­ cember 10, 1928. self Pre ident Hoover insists that Congress should delegate the power Howard W. Ruedger to be postmaster at Thawville, Ill., in of fixing tariff taxes. Why not put that power solely in the hands of place of L. W. Ruedger. Incumbent's commission expired Janu­ Mr. Gauli.'DY and be done with it? ary 7, 1930. Mr. GLASS. 1\Ir. President-- INDIANA The VICE PRESIDENT. Does the Senator from Georgia Charles H. Elder to be po tmaster at Etna Green, Ind., in yield to the Senator from Virginia? place of H. 0. Poor, removed. Mr. GEORGE. I yield. Ira N. Compton to be postmaster at Hamlet, Ind., in place of Mr. GLASS. I make the point of no quorum. I. N. Compton. Incumbent's commiss:on expired May 26, 1930. The VICE PRESIDENT. The clerk will call the roll. Ralph E. William to be postmaster at Medar~ille, Ind., in Mr. l\loNARY. Mr. President, I inquire if any business has place of A. H. Firebaugh. Incumbent's commis ion expired been transacted since the last roll call. March 11, 1930. The VICE PRESIDEN'.r. Business has been tran~acted since Orpheus M. Dickey to be po tmaster at Shoals, Ind., in place the last roll call. The clerk will call the roll. of 0. M. Dickey. Incumbent's commission expired March 31, The legislative clerk called the roll twice, and the following 1D30. _ Senators answered to their names: Willard Logan to be postmaster at Walton, Ind., in place of Allen George Norris Thomas, Idaho Willard Logan. Incumbent's commission expires June 28, 1930. Barkley Glass Nye Townsend Blaine Hebert Oddie Trammell IOWA Bratton Heflin Overman Vandenberg John Geiger to be postmaster at Minden, Iowa, in place of Capper Jones Phipps Walsh, Mass. John Geiger. Incumbent's commission expires June 7, 1930. Connally Kean Robinson, Ind. Walsh, Mont. Copeland La Follette Robsion, Ky. Waterman KANSAS Cutting McNary Sheppard Watson Dill Metcalf Simmons Harry R. Markham to be postmaster at Alton, K.ans., in place Fess Moses Smoot of H. R. Markham. Incumbent's commission expires June 16, Fra.zier Norbeck Swanson 1930. The VICE PRESIDENT. Forty-one Senators haYe answered William A. Tihen to be postmaster at Harper, Kans., in place to their names. There is not a quorum present. of F. N. Coulson. Incumbent's commis. ion expired January 18, Mr. McNARY. In view of the situation I move that the 1930. Senate carry out the unanimous-consent agreement previously LOUISllNA entered into. Mary K. Roark to be postmaster at 1\Iarion, La., in place of The motion was agreed to; and the Senate (at 4 o'clock and M. K. Roark. Incumbent's commission expires June 19, '1930. 15 minutes p. m.), under the order -previou ·Iy entered, took a Agnes Champagne to be postmaster at Raceland, La., in place recess until to-morrow, Wednesday, June 4, 1930, at 12 o'clock of Agnes Champagne. Incumbent's commission expired May 4, meridian. 1930. 9958 OONGRESSION AL R.EOORD-HOUSE JUNE'. 3 William T. Norman to be postmaster at Winnfield, La., in Denison P. Greenwade to be postmaster at Roche ter, Tex. , in place of W. T. Norman. Incumbent's commission expires June place of D. P. Greenwade. Incumbent's commission expired 14, 1930. December 17, 1929. MAINE VERMONT Charle E. Davis to be postmaster at Eastport, Me., in place of William H. ·Startup to be po tmaster at Proctor, Vt, in place C. E. Davis. Incumbent's commission expired l\farch 16, 1930. of W. B. Startup. Incumbent's commis ion expired May 26, MICHIGAN 1930. Frank 0. Parker to be postma ter at Alma, Mich., in place of VIRGINIA F. 0. Parker. Incumbent's commis ion expires June 23, 1930. Edward l\1. Blake to be po tmaster at Kilmarnock, Va., in MINNESOTA place of E. M. Blake. Incumbent's commis ion expired May 4, Emily l\1. Drexler to be postmaster at Brandon, Minn., in 1930. place of E. M. Drexler. Incumbent's commission expired March - WASHINGTON 11, 1930. William C. Black to be postmaster at Lowell, Wa h., in place MISSOURI of W. C. Black. Incumbent's commission expires June 21, 1930.

Curtis N. Houston to be .po tmaster at Grain Valley, Mo., in WEST VIRGI~IA place of R. C. Remley. Incumbent's commission expired Decem­ Archie N. Cook to be postma. ter at Cameron, W. Va., in place ber 18, 1929. Fred M. Meinert to be po tmaster at O'Fallon, Mo., in place of A. N. Cook. Incumbent's commission expires June 30, 1930. of F. M. Meinert. Incumbent's commission expired April 3, 1930. NEBRASKA HOUSE OF REPRESENTATIVES Jame A. Finnegan to be postmaster at Bartley Nebr., in place of L. l\1. Logan, resigned. TUESDAY, June 3, 1930 Marie A. Lybolt to be postmaster at Brunswick, Nebr., in The House met at 12 o'clock noon. place of M. A. Lybolt. Incumbent's commis ion expires June The Chaplain, Rev. James Shera Montgomery, D. D., offered 3, 1930. the following prayer: NEW MEXICO Willie N. Brock to be postmaster at Mosquero, N. Mex., in 0 Thou Merciful and Almighty God, in whom we have our being, we praise Thee that we live under the sovereignty of our place of L. H. Brock, deceased. personal Heavenly Father. Thou art the spiritual fountain by l\"'EW YORK which the world will be cleansed; from Thee will come the George A. Hardy to be postmaster at Philadelphia, N. Y., in spiritual flames by which human hearts shall be purified and place of G. A. Hardy. Incumbent's commission expired January redemption wrought. Across the lands will be heard the words 29, 1930. of the Carpenter-Teacher: "I am come that they might have James F. Cooper to be postmaster at Stanley, N. Y., in place life, and that they might have it more abundantly." We thank of J. F. Cooper. Incumbent's commis ion expires June 22, 1930. Thee for Thy mes.,age and mission to the world. Becan e Thou NORTH CAROLINA hast gh'en us this plenilid land, because Thou hast dowered George E. Brantley to be postmaster at Mooresville, N. C., us with many gifts, and becau e Thou hast allowed us to live us in place of. G. E. Brantley. Incumbent's commission expires in this wonderful day, 0 lead to work unsparingly for the Chtistian federation of the world. Amen. June 10, 1930. NORTH DAKOTA The Journal of the proceedings of yesterday was read and William E. Bowler to be postmaster at Noonan, N. Dak., in approved. place ef W. E. Bowler. Incumbent's commission expired March MESSAGE FROM THE SENATE 25, 1930. A me sage from the Senate by Mr. Craven, its principal Irene R. Heglund to be po tmaster at White Earth, N. Dak., clerk, announced that the Senate had passed without amend· in place of Frank Heglund, deceased. ment bills and a joint resolution of the Bouse of the following OHIO titles: H. R. 323. An act for the relief of Clara Thurnes ; Harriet Rumbaugh to be postmaster at Alger, Ohio, in place H. R. 940. An act for the relief of James P. Hamill; of J. J. Rumbaugh, deceased. B. R. 970. An act to amend section 6 of the act of May 28, PENNSYLVANIA 1896; Lincoln W. Pentecost to be postma ter at Clarks Summit, H. R.1186. An act to amend section 5 of the act of June 27, Pa., in place of L. W. Pentecost. Incumbent's commission ex­ 1906, conferring authority upon the Secretary of the Interior pires June 21, 1930. to fix the size of farm units on de ert-land entries when in· John R. Jones to be postmaster at Conway, Pa., in place of eluded within national reclamation projects : J. R. Jones. Incumbent's commission expires June 2',Z, 1930 H. R.1559. An act for the relief of John T. Painter; Jennie Larkins to be postmaster at Ford City, Pa., in place of H. R. 3144. An act to amend section 601 of subchapter 3 of G. W. Larkins, decea ed. the Code of Laws for the District of Columbia; Jo eph M. Hathaway to be postmaster at Rices Landing, Pa., H. R. 5662. An act providing for depositing certain moneys in place of J. 1\1. Hathaway. Incumbent's commission expired into the reclamation fund; April 20, 1930. H. R. 9123. An act for the relief of Francis Linker; Dan W. Weller to be postmaster at Somerset, Pa., in place of B. R. 9557. An act to create a body corporate by the name of D. W. Weller. Incumbent's commission expired January 25, the "Textile ll'oundation "; 1930. H. R. 9996. An act to amend the act entitled "An act author­ Grace E. Strattan to be postmaster at Strattanville, Pa., in izing the Commissioners of the District of Columbia to settle place of D. R. Whitehill, deceased. claims and suits against the District of Columbia," approved SOUTH DAKOTA February 11, 1929; B. R.10037. An act to amend the act entitled "An act making Barry M. Bardon to be postmaster at Rockham, S. Dak., in appropriations for the Department of Agriculture for the fiscal place of H. M. Bardon. Incumbent's commission expired March year ending June 30, 1929, and for other purposes," approved 29, 1930. May 16, 1928 ; Mary V. Breene to be postmaster at Seneca, S. Dak., in place B. R.10117. An act authorizing the p::}yment of grazing fees of M. V. Breene. Incumbent's commission expired March 29, to JD. P. l\1cManigal; 1930. B. R.10480. An act to authorize the settlement of the in­ TENNESSEE debtedness of the German Reich to the United States on ac­ Frank J. Nunn to be postmaster at Brownsville, Tenn., in count of the awards of the Mixed Claims Commission. United place of F. J. Nunn. Incumbent's commission expires June 16, States and Germany, and the costs of the United States army, 1930. of occupation ; TEXAS H. R. 11228. An act granting the con ent of Congress to the John Thomman to be postmaster at Levelland, Tex., in place State of Illinois to construct a bridge across the Rock River of John Thomman. Incumbent's commission expires June 30, south of Moline, Ill. ; 1930. B. R. 11240. An act to extend the times for commencing and Jesse E. Meroney to be postmaster at Ranger, Tex., in place of completing the construction of a bridge across the Monongahela J. E. Meroney. Incumbent's commission expired May 5, 1930. River at Pittsburgh, Allegheny County, Pa.;