1642 CONGRESSIONAL RECORD-SENATE FEBRUARY 7 9999. Also, petition of the -City Council of Greenville, very unusual snowstorm. I do not know whether a quorum Miss., opposing legislation regulating or coordinating inland will develop upon a . It is not my intention to ask water traffic; to the Committee on Interstate and Foreign that Senators who have announced they are unable to reach Commerce. the Senate because of the storm be brought in. 10000. By the SPEAKER: Petition of the city of Cleve­ I should like to proceed today with the discussion of the land, Ohio; to the Committee on Ways and Means. unfinished business. It would not be possible to take a vote 10001. Also, petition of the Missouri Bar Association; to on any important issue in the bill for the reason that many the Committee on the Library. ' Senators are absent who desire to be present and who are 10002. Also, petition of the Ohio State Bar Association; unable to get here because of the facts that have already been to the Committee on the Library. referred to. I ask unanimous consent that when the Senate completes SENATE its labors today it take a recess until 12 o'clock noon on Monday next. FRIDAY, FEBRUARY 7, 1936 The viCE PRESIDENT. ·Is there objection? The Chair hears none, and it' is so ordered. The Senate met at 12 o'clock meridian, on the expiration CALL OF THE ROLL of the recess. THE JOURNAL Mr. ROBINSON. I suggest the absence of a quorum. · The VICE PRESIDENT. The clerk will call the roll. On request of Mr. RoBINsoN, and- by unanimous consent, The Chief Clerk called the roll, and the following Senators the reading of the Journal of the proceedings of the calendar answered to their names: day Thursday, February 6, 1936, was dispe:p.sed with, and the Adams · Byrnes Johnson Robinson Journal was approved. Ashurst Coolidge Lewis Russell MESSAGE FROM THE HOUSE-ENROLLED BILLS AND JOINT Bachman Couzens Logan Sheppard RESOLUTION SIGNED - Barbour · Davis McCarran Smith Benson Fletcher McKellar Thomas, Okla. A message from the House of Representatives, by Mr. Borah George McNary Townsend Haltigan, one of its reading clerks, announced that the Burke Gu1Iey Murray Vandenberg Speaker had affixed his signature to _the following enrolled Byrd Hatch Pope Wagner bills and , and they were signed by the Vice Mr. LEWIS. Mr. President, in view of the statement of the President: leader on this side of the Chamber, which indicates the S. 166. An act for the relief of Jack Doyle; reason for the absence of a number of Senators, I will not S. 246. An act for the relief of Elmer Blair; take the tizp_e of the Senate to allude to Senators individually S. 272. An act for the relief of William Frank Lipps; who are absent, but I am anxious that the RECORD show that S. 423. An act for the relief of Lynn Brothers' Benevolent my colleague the junior Senator from Illinois [Mr. DIE­ Hospital; TERICH] is still detained at his home because of illness in his _s. 889. An act for the relief of Albert A. Marquardt; family. S.1010. An act for the relief of Fred Edward Nordstrom; I also announce that the Senator from Alabama [Mr. S. 1176. An act for the relief of Thomas A. Coyne; BANKHEAD] is absent because of illness. S.1298. An act for the relief of John Z. Lowe; Mr. AUSTIN. I announce that the Senator from Iowa S. 1950. An act for the relief of the estate of Julius Crisler; [Mr. DICKINSON] is necessarily absent. s. 2044. An act for the 1·elief of the Hartford-Connecticut The 'VICE PRESIDENT. Thirty-two Senators have an­ Trust Co., Inc.; swered to their names. There is not a quorum present. S. 2166. An act for the relief of Ludwig Larson; The Secretary will call the names of the absent Senators. S. 2321. An act for the relief of S.M. Price; The Chief Clerk called the names of the absent Senators, s. 2323. An act for the relief of Ida C. Buckson, executrix and Mr. BAILEY, Mr. BARKLEY, Mr. CAPPER, Mr. HALE, and of E. C. Buckson, deceased; Mr. NoRBECK answered to their names when called. S. 2343. An act for the relief of Maj. Edwin F. Ely, Finance Mr. AUSTIN, BROWN, Mr. BULKLEY, Mr. BULOW, Mrs. Department; Capt. Reyburn Engles, Quartermaster Corps; Mr. CARAWAY, Mr. CAREY, Mr. CHAVEZ, Mr. CLARK, Mr. CONNALLY, and others; Mr. COPELAND, Mr. DONAHEY, Mr. DUFFY, Mr. FRAZIER, Mr. S. 2691. An act for the relief of E. E. Sullivan; _ . GIBSON, Mr. HARRISON, Mr. HASTINGS, Mr. HAYDEN, Mr. KEYES, s. 2741. An act for the relief of Maj. Joseph H. Hickey; Mr. KING, Mr. LA FOLLETTE, Mr. LONERGAN, Mr. McADoo, Mr. S. 2897. An act for the relief of Lt. Robert A. J. English, McGILL, Mr. MINTON, Mr. MOORE, Mr. MURPHY, Mr. NEELY, United States NavY; - _ Mr. NYE, Mr. O'MAHONEY, Mr. OVERTON, Mr. PITTMAN, Mr. S. 3020. An act for the relief of A. E. Taplin; RADCLIFFE, Mr. REYNOLDS, Mr. SCHWELLENBACH, Mr. SmP­ S. 3186. An act for the relief of Edward H. Karg; S. 3934. An act to repeal the Kerr Tobacco Act, the Bank­ STEAD, Mr. STEIWER, Mr. TRAMMELL, Mr. TYDINGS, Mr. VAN NUYs, Mr. WALsH, and -Mr. WHITE entered the Chamber and head Cotton Act of 1934, and the Potato Act of 1935; and S. J. Res. 169. Joint resolution granting permission to Hugh answered to their names. s. Cumniing, Surgeon General of the United States .Public The VICE PRESIDENT. Seventy-eight Senators have· Health Service; John D. Long, medical dir_ector,- United answered -to -their names. A quorum is present. States Public Health Service; Bolivar J. Lloyd, medical di­ PETITION--ARMISTICE DAY rector, United States Public Health sei-vice; and Clifford R. The VICE PRESIDENT laid before the Senate the follow­ Eskey, surgeon, United states Public Health Service, to ing of the Legislature of the State of accept and. wear. certain deco;rations bestowed upon them by South Carolina, which was referred to the Committee on the the Governments of Ecuador, Chile, Peru, and Cuba. Library: RECESS Concurrent resolution to memorialize Congress to make November Mr. ROBINSON. I move that the Senate take a recess 11 a national holiday until called to order by the Chair. Whereas November 11, the day upon which the World War was terminated, is of great significance and one which the people of The motion was agreed to; and

sent that it may be printed in the REcoRD. I have obtained Those who-insist that foreign-trade agreements are not treaties, such as require Senate consent and concurrence, are placed in a from the printing clerk an estimate of the cost. dilemma. If foreign-trade agreements are not treaties in the There being no objection,- the memorandum was ordered constitutional sense, such agreements cannot modify or replace to be printed in the RECORD, as follows: provisions of the Tariff Act of 1930. The Constitution provides {art. VI, par. 2): New customs laws in the form of foreign trade agreements and "This Constitution and the laws of the United States which Executive proclamations have modified or replaced large portions shall be ·made in pUrsuance thereof; and all treaties made, or of the Tariff Act of 1930. Ten agreements have already been which shall be made, under the authority of the United States, concluded, and of these the first five published in the Executive shall. be the supreme law of. the land." . agreement series total 230 pages, or nearly twice the page volume Accordingly the distinction between an Executive agreement and of the entire Tariff Act of 1930, as shown by ·the United States a treaty (which is any agreement with a foreign state concluded Code annotated. This new body of tariff law presents several legal with Senate concurrence) is that only a treaty can change exist· questions, both domestic and internatio:I?-al in s?ope. Domestic 1ng statutory law. It follows that insofar as foreign-trade agree­ or municipal questiOJ;l.S concern the constttutionahty of the stat­ ments are effective domestically, their schedules or provisions do ute; namely, the vahtlity of the power conferred upon the Presi­ not amend or replace the Tariff Act of 1930. dent to raise or lower existing tariff duties by Executive ·decree, the validity of the agreements in the absence of the advice and DUE PROCESS OF LAW consent of the Senate, and the validity of procedural provisions, Whether or not a proclamation, independently, is effective to including the withdrawal of remedies from domestic producers amend or repeal the Tari.f! Act of 1930 depends upon the validity and wholesalers. of the legislative standard set forth in the act, the fairness of the In the field of international law the question is presented: Are proceedings in finding the facts essential to support the procla­ foreign-trade agreements binding as international obligations even mation, and the· adequacy of judicial review on questions of law. if the Trade Agreement Act is declared unconstitutional? Or, if The legislative standard circumscribing proclamations issued by Congress enacts legislation inconsistent with a previously existing the Executive in raising or lowering tariff duties otherwise in force foreign trade agreement? and effect under . the Tariff Act of 1930 is the same standard established for concluding foreign-trade agreements. It is now DELEGATION OF LEGISLATIVE POWERS obvious that Congress cannot empower the Presid-ent, upon dis­ Even a brief consideration of the act justifies the conclusion covering burdens on interstate or foreign commerce, to remove that it surrenders to the Executive the whole tariff- and treaty­ them by Executive action, and when such action also includes making power respecting customs. · Disregarding the so-called dec­ amending or repealing prior statutes, the principle is even more laration of purposes (Panama Refining Co. v. Ryan, 293 U. S. 388, co~elling. _ and Schecter v. U. S., 295 U. S. 495), the act authorizes the Presi­ Findings of fact sufficient to support a valid Executive action dent (until June 12, 1937, 9:15 a. m.), upon finding that any have not been evidenced in any proclamations heretofore issued. existing (1) duties or (2) other import restrictions of the United Omission of findings of fact is in direct confiict with Panama States or any foreign country are .unrluly burdeni;ng and restrict­ Refining Co. v. ·Ryan (293 U. S. 388, 431): · ing the foreign trade of the United States, etc., ( 1) t9 enter into "The Executive. order contains no finding, no statement of the foreign trade agrements and (2) to increase or decrease import grounds of the President's action. • ~ • And findings by him duties by proclamation. Under this language, the President is as to -the existence of the required basis of his action would be permitted to roam at large in the world searching out burdens necessary to sustain that action, for otherwise the case would and restrictions upon American commerce, and upon discovering still be one of an unfettered discretion as the qualification of them to make such adjustments upward or downward in existing authority would be ineffectual." tariff duties as he deems appropriate, which is precisely similar In the proclamation, which set in force the new rates of duty in principle to the ill-fated power Congress unsuccessfully sur­ covered by the several trade agreements, no facts of any kind rendered to him under N. I. R. A. to roam at large in the United have been established indicating what existing duties or other States and discover and stamp out burdens upon interstate com­ import restrictions of the United States the President endeavored merce. The only pretense of a legislative standard is the clause to change, or to what extent, if any, the same were unduly burden­ "unduly burdening and restricting the foreign trade of the United ing and restricting the foreign trade of the United States, or to States", which is no more adequate than "obstructions to the free what extent, if any, such foreign trade might be affected by the fiow of interstate and foreign commerce", which was outlawed in changes made in domestic tariff under the agreements. Instead Schechter v. U. S., supra. the proclamations merely state a bald conclusion: SENATE CONCURRENCE CmCUMVENTED "I, Franklin D. Roosevelt, President of the United States of Foreign-trade agreements, although treaties in everything but America, have found as a fact that certain existing duties and name, are not submitted for of the Senate, as other import restrictions of the United States of America and the required by the Constitution, Article II, section 2.1 Senate advice Dominion of Canada are unduly burdening a.Iid restricting the and consent is expressly circumvented, although by contrast the foreign trade of the United States of America, and that the pur­ act requires the Executive to obtain advice from certain sub­ pose declared in the said Tariff Act of 1930, as amended by the ordinate executive agencies, namely, the United States Tariff Com­ sa.id -act of June 12, 1934, will be promoted by a foreign-trade mission and the Departments of State, Agriculture, and Com­ agreement between the _United States of America and the merce. Dominion -o:r Canada." · However superior bilateral treatment of foreign-trade relations Clearly the statement, "I • • • have found as a fact • *" may be as a matter of policy, there is no reason in precedent or is not a finding of fact at all but merely a verbal representation. law for evading concurrence of the Senate; and in this respect Thus the proclamations even fail to comply with the very loose the act offends most because it offends needlessly. Why should qualification o! authority set forth in the act. the Senate be denied information as to what concessions the The remedy heretofore granted by the Tariff Act of 1930 (sec. Executive has surrendered in exchange for those received?:~ 516 (b)) allowing manufacturers, producers, or wholesalers to The Senate cannot surrender its constitutional duty of con­ protest tariff classifications and duties and bring suit in the United senting to and concurring in treaties. In some quarters it is in­ States Customs Court is purportedly withdrawn by the act (sec. ·Sisted that the Senate can give its advice and consent previous 2), and those most confident of that act lasting until its normal to the negotiation ·of a treaty. Without considering the merits expiration on June 12, 1937, pla.ce greatest reliance, not on its of this position. the fact is that two-thirds of the Senate (as re­ constitutionality, but rather on the withdrawal of judicial remedy quired by the Constitution) have never consented to or concurred to producers and wholesalers. Of course, so long as trade agree­ 1n any foreign-trade agreement or the act pursuant to which ments continue to lower import duties, the importer, who has a such agreements are concluded. The Senate vote on the act was remedy, is not injured. and the injured party. the domestic pro­ 57 to 33 or three votes short of the required two-thirds vote of ducer or wholesaler is denied a remedy.. Contrary to· the current those present. assumption a.ny ma.n.ufacturer, producer, or wholesaler who can

1 "He [the President] shall have power, by and with the advice of even greater delicacy and nearer consequence, if you do not and consent of the Senate, to make treaties, provided two-thirds grant it to me in ungrudging measure." of the Senators present concur." Congress yielded in support of the foreign policy of the admin­ 2 One instance where Congress surrendered power to the Execu­ istration, but without knowing why. What was that foreign tive in an international matter without being informed in the policy? Thirteen years later Mr. Woolsey, who was Solicitor for premises is not encouraging to a repetition of such policy. Presi­ the Department of State from 1917 to 1920, stated (21 Am. Jour. dent Wilson, on March 5, 1914, personally presented a curt mes­ Int. Law, 706): sage demanding a hostile Congress to repeal the provision of the "Colonel House was instrumental in obtaining British support Panama Canal Act which exempted American vessels engaged in for Wilson's anti-Huerta policy in return for the settlement of coastwise trade from payment of Canal tolls. With all the ear­ the Canal tolls question. • • • Hous~ explained the Ameri­ nestness at his command he pleaded: can policy in Mexico to Sir Edward Grey, and the conversation "* • • No communication I have addressed to the Congress led to a frank exchange of views on the problems of Huerta and carried with it graver or more far-reaching implications as to the the Ca.n.a.l tolls. • • * As a. result of this exchange of visits interest of the country • • •. the two countries came to an understanding in regard to Huerta "I have come to ask you for the repeal of that provision of the and the tolls." Panama Canal Act of August 24, 1912, which exempts vessels We are now aware that when President Wilson addressed Con­ engaged in the coastwise trade of the United States from pay­ gress he had an Executive agreement with Great Britain whereby ment of tolls. • • • Great Britain would assist the Wilson administration in liquidat­ • • • • • • • ing the Huerta government in Mexico in exchange for repeal of "I ask this o! you in support of the foreign pollcy of the ad­ the Canal toll exemption. which ga.ve American vessels a prefer­ ministration. I shall not know bow to deal With other matters ence in the use o!· an America-built ca.na.l in. coastwise trading. 1646 CONGRESSIONAL RECORD-SENATE FEBRUARY 7 establish· a · speclai injury arising out of any trade agreement can itself bound by ·any subsequent ruling ·of?our municipal ·courts, or obtain access to the courts and contest the validity of the act even by any action of Congress in attempting to repeal such (In re Sutherland (533 Fed. 551); U. S. v. Samples· (258 Fed. 479, concessions. · · · 482); Kreutz v. Durning (64 F. (2d) 802); Truax v. Corrigan (257 · Trade agreements run for a ~xed , term-generally 3 years-with­ ·U. s. 312) .) In the Sutherland case, supra, the court said: out reservation of any right in Congress to change duties or with­ "So far as appears the Senate not having advised and·consented -out any proviso that·the ·agreement shall be -terminated if the act to the so-called treaty it has ·no legal force, and the proceeditlgs is held unconstitutional by the courts. Any action by Congress ·taken thereunder are of no avail." or the Supreme Court inconsistent with any foreign-trade agree­ TRADE AGREEMENTS IN INTERNATIONAL LAW ' ment will render such agreement void or unenforceable within the United States, but the 8.oOTeement will still be binding upon the · Foreign-trade agreements considered, not as treaties but mer~ly as Executive agreements ratified without the advice, consent, and United States in international law. And the United States must :concurrence of the Senate present the question of the validity of either repudiate its international obligation or face the claim of a foreign government for damages. Con~ess has previously felt .such agreements as binding obligations in international law inde­ bound to ·pay damages to foreign governments to satisfy a breach pendent of the act or proclamations. A general discussion of the various classes of Executive agree­ of international obligation (9 Stat. 50; act of-Aug. 8, 1846; see Sen­ _a.te Rept. No. 188, 41st Cong., 2d sess.; 1870; Taylor v. Morton, Fed. ments is not within the scope of this paper. Foreign-trade agree­ Cas. 13,799). Accordingly, foreign-trade agreements are valid in­ ments come under the class of agreements authorized by act of congress (Willoughby, Constitution of the · United States (1929). ternational obligations, independent of the municipal validity or in­ p. 537; Hyde, International Law. vol. n. p. 27; Moore, Digest of validity of the act or Executive proclamations. International Law, vol. 5, p. 214; Barnett, International Agreements That the.. act of June 12, 1934, and· proclamations promulgated thereunder are unconstitutional is now ·apparent. Under circum­ Without the Advice and Consent of the Senate). stances of such doubtful authority it is, indeed, improvident that cases and precedents contradict any claim for-broad power in the Executive has entered into any trade agreements with foreign Con~ress to carry out any of its several legislative functions by empowering the President to conclude Executive agreements. ·countries. The present foreign-trade policy faces the prospect o! . Postal conventions concluded by the Postmaster General and ·a demise-under a ·:fiasco comparable toN. R. A. and A. A. A. But the President without Senate concurrence under Revised Statutes worse! If the Foreign Trade Act is declared unconstitutional, Con.:. ·398 were hesitatingly approved in an opinion of the Attorney Gen­ gress must either ratify these trade agreements or satisfy damag9 eral rendered March 20, 1890, signed by William H. Taft, then :claims of fo.reign governments. - · · Solicitor General. The opinion states that the power conferred THE REFLECTIONS OF AN AMERICAN WORKINGMAN ON RADICALISM upon -the Executive to conclude such -treaties was contrary to the AND ITS CAUSES plain meaning of the Constitution, but that such power was an exception for historical reasons. · Mr. BENSON. Mr. President, I present a letter from Gus "• • • where long usage, dating back to a period contempo­ Thomas, of Crosby, Minn., depicting living conditions under rary with the adoption of the Constitution, sanctions an inter­ present relief limitations. I ask unanimous consent that pretation of that instrument different from that which would be reached by the ordinary rules of construction were the question a with the deletion of ·the personal references the letter be new one, the usage will be followed." printed in the RECORD as The Reflections of an American We know of no usage dating back to the beginning of the Workingman on Radicalism and Its Causes. Constitution which supports a tradition of power in the President be to conclude foreign-trade agreements, and within the reasoning There ·being no objection, the letter was ordered to of the above opinion such agreements are clearly unconstitutional. printed in the RECORD, as follows: With respect to Executive ·agreements concluded pursuant to CROSBY, MINN., February 4, 1936. treaties, the Senate, after a very difficult struggle with the Presi- Hon. ELMER BENsoN, dent, refused to permit the Eexcutive to enter into special ar- _ United states Senator, Washington, D. 0. rangements for arbitration under the Hague Convention of 1899, DEAR SENATOR BENSON: I am going to talk to you just as I would ·without the advice and consent of the Senate. had I known you personally. We, the workers, are fast finding out The case of B. Altman & Co. v. United States (224 U. S. 583) is that we cannot trust the old gang and we are through being fooled. frequently relied upon to support the validity of trade agreements. Such men as Governor Olson are what we need and are going to -Actually -this case involved only the construction of an agreement have in Washington. Now, Senator, I am going to tell you some of and a question of appellate procedure. The question of the Presi- the facts that we workers are experiencing·. As you know, this dis­ . dent's authority to conclude the agreement was neither considered trict, in and about Crosby, Ironton, Deerwood, is what we term an nor passed on since it was found that the article imported was not industrial . district. There is absolutely · nothing to do here as a. within· the scope of the agreement. As a question of legislative means of livelihood except the mines, and they are all, or practically policy, the Tariff Act of 1897 is no precedent for permitt.ing the all, shut down. · So we have to resort to W. P. A. work or starve. -Executive, acting independently of the Senate, to conclude trade The present wage scale is only $44 per month, and it is certain that agreements of the character authorized by the 1934 act. Senate a ma.n with a family cannot possibly live on this. Now, Senator, advice and consent were expressly required for -trade agreements please try and visualize just a case like this one, from a fellow concluded under section 4 of the 1897 act, which agreements are ·worker: precisely similar to the agreements which the 1934 act purportedly "Me, my wife, and ·six chilren 11ve on potatoes, black coffee, and empowers the Executive to conclude without the advice and con- bread. We never have any butter on our table. We cannot think sent of the Senate. . of buying meat. Christmas I bought a few pounds of apples. My . In the case where an Executive agreement was passed on by the little fellows-were so-glad to get them they even ate the peelings courts it was held ineffectual· J. Rebas E'Hijo v. United , States and said, 'Daddy, why can't we have apples and eandy and or:mges (1 Puerto Rico Fed. Rep. 71; Scott, Cases on International Law, like we used to have?'" p. 445): What could he tell these little human beings, his children? "The protocol worked a mere truce. The President has not the ·When this big strong fellow told me this story, the tears welled up power to terminate the war by treaty without the advice _and con- ·in his eyes. Now, Senator, just such as this is breeding communism sent of the Senate of the United States." fast. Men are getting to where they have no respect for govern­ This case was affi.rmed by the Supreme Court (194 U. S. 315, ment and will go the limit. We hear it on every side, so. I firmly 323) : believe if you, as our Senator and representative, would go directly "• • The claim is in form for the use of the vessel after to Mr. Hopkins and intercede for us we could at least get enough to actual hostilities were suspended by the protocol (Executive agree- have the bare necessities of life. Think of men working here in ment) of August 12, 1898. A state of war did not, in law, cease this cold weather in the snow knee deep-weather 10 to 20 below until the ratification, in April 1899, of the treaty of peace." zercr-and barely able to keep body and soul together. If the President under his w~ powers cannot terminate a war We have tried to get our officials here to allow us enough to live (without Senate confirmation) so as to prevent seizure and- con- on, but to no avall. Our county commissioners endorsed a petition demnation of noncombatant property, it is difficult to see how the to Mr. Ch:ristgau (State W. P. A. a.drilinistrator). We asked for the President under a commerce statute can deprive citizens of tariff same wages they are getting in St. Louis County, namely, $60.50 protection granted under existing law. per month. The final and most impprtant consideration is the legal status -· Now, to show you that we are not going to give up, we have of foreign-trade agreements as international obligations. As be- organized a workers' union, and are known as the Citizens' .Protec­ tween contracting parties, are trade.agreements enforceable against -tive Union of Crow Wing County. We have a membership of about the United States regardless of the invalidity of the act or agree- -1,000, and are growing fast. . ment as a question of municipal law? Just as an example, our present county engineer, Mr. Rankin, A treaty, in essence, is a contract between two or more states, took it .upon himself to state that the W. P. A. workers should and when a second state pursuant to a trade agreement has made -not be paid more than $2 per day. Well! We got in behind this the concessions insisted upon by the United States, and by legis- gentleman with a petition, and, as it looks, we will remove· this lation or otherwise has altered its import duties and has otherwise labor hater. I firmly believe the time is fast approaching when it changed its position under and pursuant to the agreement,.clearly will be well for office seekers to look to labor for support. We all that state has a right to insist that the United States keep and believe you and our Governor are the type of men that we can observe its part of the agreement, and it does not alter the rights trust and that we will ·not have to drive. Just who keeps the . of the second contracting state if subsequent to execution of the wheels going round? Who does the manual labor? Who creates agreement it is determined that the President's action in con- all wealth? I have never been able to understand why the labor- eluding the same was invalid. ing class is so despised and hated by plutocracy. One would be, indeed,. provincial to expect that a foreign country I -want to j-ust show you the ·thought ·that is most paramount . having been granted valuable import· concessions by the United -in the minds of· worker~ . · There are about 52 men in the crew States for a fixed term by formal Executive action would consider. that I work in. I have taken it on myself to talk to them. They 1936- CONGRESSIONAL RECORD-SENATE 1647 all predict there will have to be something done. When they The questioning then shifted from the Orient to Germany and . finally get their thinking done most of them have lost all confi­ Italy. dence in getting anything done in a peaceful manner. They talk "Do you deny. that there was any .suggestion from Imperial fight. I tell all of them that violence will never get us any­ Chemical Industries and Du Pont to bring Germany within your where. They shake their heads and say, "We have tried. all of selling arrangement?" Gibbs asked. them. What have we ever gotten out of it?" Confidence amongst "Definitely", responded McGowan in denial. workers is at a low ebb. A little more money to buy at least The witness admitted that his firm bad an arrangement with an enough to live on will keep communism away longer than any- Italian company concerning cartridges, but explained that this thing else. - · arrangement was made at the wish of the Hotchkiss Gun Co., so I am sure you will do everything that you can to get us a little that cartridges for Hotchkiss guns could be made in Italy, where more money, so to live. the guns themselves were being manufactured. RespectfullY\) "I imagine you helped this firm to make cartridges for use in a Gus THoMAS. war of which the League of Nations has shown its disapproval?" Gibbs suggested. DEVELOPMENTS BEFORE BRITISH MUNITIONS INVESTIGATING "This arrangement expired on November 10, 1935," McGowan COMMITTEE said. "If we had not sold them, somebody else would." Mr.• NYE. Mr. President, I ask permission to have printed ''That's not a very good argument", Gibbs retorted. in the RECORD a dispatch from London under date of Feb­ The Commission will continue it hearings tomorrow. ruary 5, published yesterday in the New York Herald Trib­ CONSTITUTIONALITY OF GOVERNMENT l\IONOPOLIE5--ARTICLE BY une, having to do with developments before the British IRVING BRANT munitions investigating committee. Mr. FRAZIER. Mr. President, I ask permission to have There being no objection, the dispatch was ordered to be printed in the RECORD an article entitled "Government Mo­ printed in the RECORD, as follows: nopolies are Constitutional", by Irving Brant; who is the [From the New York Herald Tribune of Feb. 6, 1936] chief editorial writer on the St. Louis Star-Times. The arti­ PEACE "No JoB oF OURS", ARMs MAKER AssERTS-WILLING ro SELL cle was published in pamphlet form by the Peoples' Lobby, TO BOTH SIDES, MCGOWAN TELLS BRITISH INQUIRY, DEFENDING Inc., of Washington, D. C. POLICY By Joseph Driscoll There being no objection, the article was ordered to be LoNDON, February 5.-•-r have no objection at all to selling arms printed in the RECORD, as follows: to both sides-! am not a purist in these things," Sir Harry Duncan GOVERNMENT MONOPOLIES ARE CONSTITUTIONAL McGowan, chairma.n of Imperial Chemical Industries, Ltd., testified this afternoon before the Royal Commission on the Manufacture According to the American Liberty League, the UD..ited States of and Trading in Arms, which resumed open hearings at Middlesex Governm~nt has no power to control agriculture or industry along Hall. the lines attempted by the Roosevelt administration because these Part of the day's testimony concerned the working agreement of activities resemble the mercantile monopolies set up by ~uropean Imperial Chemical Industries with E. I. du Pont de Nemours & Co., governments in the eighteenth century, and one of the purposes of the United States. McGowan testified that his company bad in writing our Constitution was to protect our country against two classes of agreements with the Du Ponts, one dealing with eighteenth-century mercantilism. patents and the other with sales. "The fact is", said the Liberty League in a pamphlet discussing Sir Philip Gibbs, writer, who is a member of the commission, similarities between the New Deal and mercantilism, "that the asked about the moral character of agents of Imperial Chemical colonists were the victims of economic planning, and the consti­ Industries. McGowan said be was not responsible for them. tutional structure erected by the new nation was designed to fur­ · Gibbs then referred to one agent and asked: nish safeguards against economic experimentation conducted by a "Do y.ou know. that. he was an international spy; that he had centralized authority." This was secured, according to the Liberty acted as an agent for 12 different .companies; that he was used by League, by reserving control of local commerce to the States. the Germans to mine the Dardanelles and Heligoland; and that he The right to set up mercantile monopolies would, indeed, be a was working in close association with Von Papen 1n the United titanic power in the Federal Government. It would cover any States before the end of the war?" degree of regulation of industry. It would permit the ~tablish­ [Franz von Papen, who was Chancellor of the Reich in 1932 and ment of a completely socialized state. at present is German Ambassador at .Vienna, was military attache That power exists. It is in the Constitution. The framers said of the German Embassy at Washington early in the World War, it was there, and two of the leading delegates to the Constitutional and was sent home in December 1915 as a suspected plotter against Convention cited the existence of that power as a reason for American neutra.lity.-ED.] refusing to sign the Constitution. McGowan referred the query to one of his executives, who an­ The subject came up on September 14, 1787, 3 days before the swered that the agent in question was not employed by Imperial signing of the Constitution. Chemical Industries but by Du Pont, and that Imperial Chemical "As to mercantile monopolies," said Wilson of Pennsylvania Industries knew nothing about this until it was revealed in the (afterward Justice of the United States Supreme Court), "they are American munitions inquiry. already included in the power to regulate trade." Interrogation by Gibbs led McGowan to admit that his company How was this statement greeted? Did the framers rise as one sold explosives and cartridges to both Japan and China during the man to cry out against such a power in the Federal Government? war that resulted in the creation of the Japanese puppet state of They did not. One man, George Mason, of Virginia, the most Manchukuo out of Manchuria. Gibbs commented: extreme State righter in the Convention, questioned it. Two days "These were for the invasion, no doubt, of Manchuria, and at the later he admitted that the power was there. He wrote on the same time you were supplying the Chinese with the same mate­ back of his copy of the Constitution that he was refusing to sign rials of war to defend Manchuria. Does not this system of private becau.Se, among other things, "the Congress may grant monopolies sales abroad increase the danger of providing an aggressive nation in trade and commerce." Elbridge Gerry, of Massachusetts, listing with the weapons it wants, and a defensive nation as well, thus his reasons for refusal to sign, said: "Under the power over com­ increasing the quality and quantity of the world's explosive merce, monopolies may be established." forces?" During these last days of the Convention these men were begged, "If private manufacture did not supply them, they would put implored, to sign the Constitution. But not one delegate chal­ up their own plants," McGowan replied. lenged the correctness of Wilson's statement that mercantile "It appears", observed Gibbs, "that one side of your firm 1s monopolies were "already included in the power to regulate trade." engaged in the manufacture of fertilizers to bring 'forth the fruits Now, what could be done under a power to establish Govern­ of the earth, while the other side is engaged in the manufacture of ment monopolies in trade and commerce? Anything. The T.V. A., explosives for the purpose of blasting those fruits off the face of the N. R. A., the A. A. A., the GuJJ:ey Coal Act, and the Wagner the earth. Was there anything of a delicate feeling in your mind Labor Act are modest exercises ·of Government power compared as to the inadvisability of selling military propellents and explo­ with what could be done through the establishment of mercantile sives to the Chinese Government when in other parts of China you monopolies. were selling things for agriculture?" We have here a startling, -indeed a revolutionary, deviation from "No," said McGowan. what we ordinarily hear about the attitude of the framers toward Gibbs remarked that correspondence revealed in the American government power. Is there anything in the Constitutional De­ munitions inquiry indicated that "you didn't consider it right to bates to support this view? For answer, read what Mad.ison, the act as a sort of Jekyll and Hyde in China." McGowan answered "Father of the Constitution", said when it was proposed-2 days that if the Chinese-Government wanted anything, his firm sold it. before the convention adjourned-that the States be allowed to PEACE NOT THEIR JOB lay tonnage duties for clearing harbors and erecting lighthouses. Then Gibbs referred to letters which said that Imperial Chemical "Whether the States are now restrained from laying tonnage Industries was trying '"to solve the far-eastern question", and duties", said Madison, "depends on the extent of the power 'to wanted to know whether that meant that the firm was attempting regulate commerce.' These terms are vague, but they seem to ex­ to bring peace to the Orient. clude this power of the States. They may certainly be restrained "That's not our job", said McGowan. "We knew that certain by treaty. He observed that there were other o"!Jjects .for tonnage business was on offer, and we wanted to get it for this country." duties as the support of seamen, etc. He was more and more con­ The witness testified that· on one occasion Imperial Chemical vinced that the regulation of commerce was in its nature indi­ Industries had supplied 10 tons of trinitrotoluol to Canton on an visible and ought to be wholly under one· authority." (Madison's order from the Chinese Embassy at London_ notes were written in tJ;le third person.) 1648 CONGRESSIONAL RECORD-SENATE FEBRUARY 7 · When one thinks of recent Supreme Court decisions and of the Hoosac Mills case, that the power to appropriate for the general general belief that the framers were State Righters, that's an al- welfare can-ies no power over the objects to which the money is most incredible statement, coming "from horse-and-buggy days." to be applied? Let's analyze it. In every great field of Federal power it has been shown the The States have a reserved power of taxation, concurrent with framers granted vastly more power than is now conceded by the that of Congress. Madison held that the power of Congress to Supreme Court, or than is generally recognized by historians. The regulate commerce included the right· to invade the reserved power genuine "State Righters" in the Constitutional Convention refused of the States in a different field. to sign the Constitution. Yet we are told it was written to pro- Next, he said, the States "may certainly be restrained by treaty." teet State sovereignty. Politicians, lawyers, and even historians That is, even if there should be doubt about the right of the Fed- say so. How can this conflict of ideas be reconciled? eral Government to invade the reserved powers of the States under r:.·he explanation is simple enough. First, men who don't want the , that right unquestionably exists under the Federal authority exercised are eager to deny its existence. Se :­ treaty power. In _saying this, Madison foreshadowed the Supreme 1 ond, circumstances after the Constitution was adopted helped Court decision upholding a law to enforce the Migratory Bird those who wanted to interpret it narrowly. Treaty. w!th. Ca~ac:J.a; even .though, without that treaty protection The debates of the Constitutional. Convention, entrusted to of birds woul~ have .been a matter _reserved to the States. - . Madison, were ordered to be kept secret, and were kept secret for Madison said "the support of seamen" was a legitimate object .of 50 years. Madison ·himself, shortly . aft.er ,the Constitutic:m -was taxation. What difference is there .between a tax on shipping for ratified, switched from the Federalist Party to the party of ~effer­ pensions to seamen and a tax on railroads for pensions to railroad son ("who was ~n France when the Constitution was being written) . men; what difference betweei). support · of · seame~ and a general old- From a strong nationalist Madison became a violent "State Righter."· age pension system? Yet the Supreme 9ourt in 1935 said railroad ~e inte:rpreted- the work of. the· convention- narrowly, and nobody. pensions were unconstitutional, and the 58 lawyers of the_ Liberty could challenge him effectively because he .alone had the notes. . Le?-gue- say the ·Wagner Social ~ecurity Aet is unconstitu~i?n~. l'hen. aft.er Jeffe!sQn. be~ame President, the earlY. !"ederalists· · Finally, ..: consider · Madison's statement .that the x:egulation . of who had wanted a strong goverrimEmt and who had ruled the commerce is·"in its n·ature indivisible and ought to be wholly under Constitutional Convention; switched · around and became· anti­ on.e authority." _ That, it may be said,. is. not a. statement of what Federalists . . To keep power out .of Jefferson's hands, practically all is in the Constitution, but of what ought to be. Very well. What of the men who had written the Constitution in a spirit of nation­ that -statement does beyond question is break down the theory alism Joined in an interpretation of it contrary to the views they that the framers were devoted to State rights, in the control ot had held when they were writing. it. But the only thing that commerce. That. theory breaks -down-still further when we con- counts in judging the intention of the framers is what they sider the reply Roger Sherman, of . Connecticut, made to ,Madison's intended during the framing period. remarks about control by one authority. - · Was the Constitution drafted by men trying to preserve equal- "The power-of.the United-States to regulate trade, being supreme, ity between State and Federal sovereignties? That is what the can control interferences of the State regulations when such inter- American Liberty League says. That is what the Supreme Court ferences happen, so that there is no danger to be apprehended seems to think. To judge what .the frp.mers really intended to from a concurrent jurisdiction." do, read the following from Madison, written in almost the same Sherman did not divide ''commerce among the States" into inter- words to Edmund Randolph and George Washington, 1 month state and intrastate commerce. He .treated it as a general subject before the framers gathered to write the Constitution: in which the upward limit of State .authority was fix~d by the down- "Let the National Government . be armed with a positive and ward exercise of Federal authority. Federal power was supreme complete authority in all cases where uniform measures are nee­ and could control interferences from· the States. essary, as in trade; etc. Let ·it also retain the powers wl1ich it . Why do these powers, which the framers took for granted, seem now possesses. Let it have a negative in all cases whatsoever so startli.pgly great tod~y that the Suprem~ Court denies their on the legislative acts of the States as the King of Great Britain existence? Because the objects, the problems, to which th!s power heretofore had. This I conceive to. be essential and the least would be devoted have multiplied~ thousandfold with the develop.:. possible abridgement of the State sovereignties." ment of the Nation: The -power exists, but its existence is denied Think of that proposal. A to munition, and even to training. They went into the war armed make further provision for the conservation and proper with small carbines of comparatively short range and without bayonets; their artillery was woefully insufficient; and they had utilization of the soil resources of the Nation. been trained for mounted combat rather than for that fighting on Mr. POPE. Mr. President, I desire to speak briefly on the foot which was imperative in stopping the German masses. pending bill. I feel that the statement which was submitted However, they were successful, because the horse did not fail them; by that I mean the horse invariably brought them to the by t~ chairman of the committee. the Senator from South battlefi.eld, however distant, in time to go into dismounted combat Carolina [Mr. SMITH], and read by the clerk yesterday pre­ fresh and capable of stopping the enemy. sents a very fair analysis of the bill. I feel also that the They · demonstrated, despite all disadvantages, the distinctive N~w [Mr. quality of cavalry.; that is to say, "the possibility of transporting very able discussion _by the Senator from Mexico rapidly and across all terrain, means of great fire power and great HATCH] yesterday dealt particularly well with the matt,er of maneuvering ability." · soil conservation and soil erosion as the basis of the bill. For example, note their mobility in 1914,-when Sordet's Cavalry What I shall say this morning will be mainly my own con-· Corps covered some 235 miles in 6 days during August; and again, in covering the retreat to the .Marne, when the divisions of this victions ·with respect to the bill. cavalry corps marched day and night with but an average of Forrri.erly I felt that there was very grave doubt as to the 4 ho~· .rest out of 24 ;for the horses and frequently only one constitutionality of the Soil Conservation. Act; in fact, I felt opportunity per day for watering. Also, in March 1917, when the First Cavalry Corps, at the time of the German withdrawal, covered about the same doubt concerning soil conservation as the 60 miles in the first 24 hours. Again, during the initial days of basis for a bill that I felt in connection with the regulation 1918, on three occasions within tb..e J>pace of 3 months, the First and control of agricultural production. Cavalry Corps as an entire corps execut€d forced marches of from I 100 to 120 miles each, accomplished within 3 days. regard farm legislation of more importance to the wel­ Finally, with regard to the front in France, let me remind you fare of the country than anything else with which the Con­ of the German attacks in ·March, April, and .June 1918, which gress has to deal_. The prosperity of the farmer is vital to doubtless are still vivid in the memories of all of you, so menacing the prosperity of the entire country. In fact, since agricul­ were they and so seriously did they threaten to nullify completely much of all that America had done up to that time. You will ture lies at the base of our entire economic structure the recall that the great German attack completely separated the well-being of this industry is essential to the economic British and French Armies. The way to the sea seemed open to well-being of all the ~erican people. So clear has this the Germans with a prospect of the British Army being hemmed in against the channel "with their backs to the wall", as Lord become that for many years the Congress has been striving Haig expressed it. Here again the horse appeared as a decisive to enact legislation that will establish the farmer in a just factor in a great crisis. Had the Germans conserved their cavalry relation to other industry in our na,tional economy. and kept it intact as a great mobile reserve, success almost cer­ tainly would have been theirs. But it was the French who had The enactment of the Agricultural Adjustment Act was an foreseen this necessity, and it was the French Second Cavalry effort to accomplish this purpose and the administration of Corps who came up, filled the gap between their own Army and the act, while experimental in some respects and attended the British, stopped the German advance, and saved the day. Many of you are familiar with the great service of the horse on with faults that were not unexpected, has gone a long way the fronts in the near and middle east, especially with the accom­ toward accomplishing the desired object. The establish­ plishments of Allenby's Cavalry in the Holy Land, where, by hold­ ment of a fair exchange value for agricultural products was Ing the enemy in place with his infantry, he repeatedly attacked attained to a considerable degree. It helped to reduce farm the enemy's fiank or entirely encircled the enemy's positions With his cavalry in large bodies-making marches of 100 miles in 36 surpl~s and stimulated farm organization. That it met hours, 85 miles in 34 hours, 50 miles in 25 hours; and the notable with the approval of a great majority of the farmers of the performance of one division which marched 567 miles in 38 days country is certain. The decision of the Supreme Court, with notable combat successes included. In Macedonia it was a small body of French Cavalry, only three finding the act unconstitutional, has made it necessary, it regiments, which by a march of some 90 miles · over extremely seems. to me, for Congress to act to preserve the gains that difficult mountain trails, placed itself astride · the only road by have been made. 1650 ' CONGRESSIONAL RECORD-- SENATE FEBRUARY 7 Since the decision of the Supreme Court I have received · As I have said, I have selected letters from a few received letters from about 1,500 fanners in my State. These were from the farmers of my State. I believe they are typical of in response to a request by me for their opinions and ad­ a great majority of our farmers. vice. About 85 percent of them have urged that Congress This expresses the thought of more than 80 percent of the act in their behalf. About 75 percent of them are in farmers of my State, and I have no doubt it expresses the favor of an amendment to the Constitution, if necessary, thought of a great majority of farmers throughout the coun­ to limit the power of the Supreme Court or enlarge the try. It seems necessary, therefore, that the Congress act power of Congress to permit effective legislation. with reasonable promptness in enacting legislation that will Perhaps the following letter is typical of hundreds re­ continue the benefits to agriculture which resulted from the ceived: Agricultural Adjustment Act. There is no question but what the farmers are better oti than It is desired, of course, that an act be passed in harmony with even a year ago. Surely the Congress Will not let them down the Constitution of the United States. I think all members now. of the Committee on Agriculture who considered this meas- I am going to take the liberty of reading several letters ure for many days had the same desire-that is, to enact taken at random from the -1,500 which I received from farm- ·legislation which- would conform to the recent decision of the ers of my State. For instance, I will read a portion of a letter Supreme Court. from Mr. Harry Jensen, of Mink Creek, Idaho, as follows: The decision must be considered as a whole. If the foi- l feel that the A. A: A. has been the-greatest help that agrlcul.; lowing -language of the majority opinion is construed as the . ture has ever received and·that unless something is done to replace final judgment of the Court without considering other parts it agriculture will surely suffer; of the decision, it would seem clear that no legislation could I will now read a paragraph from the letter of another such ·be passed by Congress which would ·have the efiect, either citizen, a very substantial farmer in my State, Mr. Fred Gohl, directly or indirectly, of regulating agricultural production. of American Falls, Idaho. These letters are selected to repre- The language is: sent in part the di1Ierent sections of the State. He said: It is a statutory plan to regulate and control agricultural pro- All I. have to say is that the A. A. A. was a lifesaver to many of us duction, a matter beyond powers delegated to the Federal Gov- wheat growers in this section. · ernment. I will read a paragraph from a letter from Mr. Clifiord E. The Court further said in the majority opinion: Anderson, of Rexburg, Idaho. He said: _The same proposition, otherwise stated. is that powers not granted are prohibited. None to regulate agricultural production The A. A. A. was operating to give the farmers a margin of profit is given and therefore legislation by Congress for that purpose is for the first time in a hundred years. It has aroused us to the forbidden. realization that a fair return for time and labor was possible. I do not know what the Government has to take the place of the A. A. A., There is no doubt in my mind that this is the heart of but something has to be done. the decision. The Court held that the problems of agri­ I now read a paragraph from a letter written by Mr. culture are local in character and therefore within the H. P. Curts, of Midvale, Idaho, in the central section of reserved powers of the States. my State. He says: It does not help- I believe that Congress should have the right to legislate for The majority holds- emergencies. The A. A. A. was the biggest thing that has been put over for agriculture. The most of us would have been out to declare_ that local conditions throughout the Nation have if something hadn't been done. created a situation of national concern; for this is but to say that whenever there is a widespread simllarity of local condi­ I now read a paragraph from a letter from Grace, Idaho, tions Congress may ignore constitutional limitations upon its written by Mr. George Hamp, another substantial, solid own powers and usurp those reserved to the States. The fact that this view-that agriculture is a local mat­ farmer of my State. He says: ter-is contrary to that of responsible statesmen since the I think what the Government has done for the farmers the founding of our Government does not alter the opinion of last 2 years has been a wonderful help to them. and I stlil think something should be done to help them. I farm at Grace, Idaho. the Court. George Washington, in his eighth annual mes­ The last 6 years the farm has not paid expenses. I have lived sage, declared that- like a dog and dressed like a tramp to keep my taxes up. It wm not be doubted that with reference either to individual I now read a paragraph from a letter written from Rich­ or national welfare agriculture is of primary importance. field, Idaho; by Mr. -Albert Stevens, another very substantial He further said that as the nations advance in population citizen. He says: and other circumstances of maturity this truth becomes The A. A. A. has done more for the farmer than any other more apparent. Every modem statesman, so far as I know, movement. has held the solution of the problem of agriculture to be · I now read a paragraph from a letter written by Mr. a national public purpose. Emmett E. Bauer, of Twin Falls, Idaho. I know Mr. Bauer . It can hardly be conceived that the strict doctrine of the is also a very substantial farmer. He says: majority of the Court in the Hoosac Mills case will be applied to its logical end. If so, all those acts of the Congress under I sincerely believe· that the tillers of the soil must have Fed­ eral help in cooperating to regulate production in order to ob­ which money is expended for teaching agriculture, for voca­ tain parity prices, which are essential to the agricultural industry tional education, for relief of the destitute, for public works, and the general welfare of the Nation. for public health, and for numerous other purposes would I now read from a letter written by Mr. John H. Fair..: be unconstitutional. Under such a construction the con­ child, of Oakley, Idaho, one of our good irrigated sections ditional appropriations would undoubtedly be beyond the of the State: Federal power. All these purposes for which money has If something isn't done, we will simply have to move oti and been expended for decades are just as local in character as give ·up our homes, in which in my case I have lived since 1890, the regulation of agriculture. Many of them are much more and have raised 12 children. Now, I am old, and my wife who has so. It might be said that a Nation-wide epidemic of disease struggled with me is old. We are now 64 and 68, With no place to go and nothing with which to buy another home. I can see no might, under this sort of reasoning, be construed as a series chance for people like myself and a number more in our locality. of local conditions and not within the spending power of the Do what you can. This is the case in thousands of cases. Federal Government. I now read a paragraph from one more letter received from In the majority decision, however, the Court makes what a citizen of my State, a farmer. This is from Mr. T. B. seems to me a very illogical distinction between conditional Wheaton, of Rigby, Idaho. He says: appropriations for education, for instance, and the operation of the Agricultural Adjustment Act. If education is a local I surely belieTe that something should be done for agriculture if we expect to ever to continue on and feed the world or the United matter and if no power is delegated to the Federal Govern­ States. ment to deal with or regulate it, then such an appropriation 1936. CONGRESSIONAL RECORD-SENATE 1651 would not be within the Federal power. Nevertheless, the Mr. O'MAHONEY. Then the Senator feels that, so far Court does make such a distinction, and indicates that such as this decision goes, the Supreme Court has given us no conditional appropriations would be upheld. rule whereby we may with confidence frame the new leg- It does seem, therefore, that notwithstanding the broad .islation? . and positive language used by the Court as to Federal power Mr. POPE. I think that is perfectly true. Tl\e only hope under the Constitution, a way to accomplish the same thing we have is the very illogical distinction between a condi­ within the Constitution is pointed out. tional appropriation and the procedure under the Agricul­ The present bill authorizes the Department of Agriculture tural Adjustment Act. Under such a distinction as was to enter upon a program of soil conservation, which includes made, one can argue that a grant on condition, instead of a the preservation and improvement of soil fertility, the pro­ contract under which an appropriation is spent, might be motion of the economic use of land, the diminution of ex­ upheld by even the majority of the present Court. ploitation and unprofitable use of national soil resources, Believing this legislation is not only beneficial but is neces­ provision for stable supply of agricultural commodities at fair sary to the very preservation of agriculture, as indicated by prices, and the establishment and maintenance of farm pur­ letters I have read from substantial citizens of my own State, chasing power. and there is good reason to believe that it conforms to the Under a strict interpretation of the language of the ma­ decision of the Court, I feel that I must give my support to jority of the Court as to the Federal power, it would seem the pending measure. This I do in spite of doubt as to its clear that such purposes are unconstitutional. They are no constitutionality under the strict language of the majority more delegated to the Federal Government under the Con­ of the Court in the Hoosac Mills case. · stitution than the regulation of agriculture. It is possible EXECUTIVE MESSAGES REFERRED that an argument could be made that soil erosion may, to The PRESIDING OFFICER, as in executive session, laid some extent, affect navigable streams to which the Federal before the Senate messages from the President of the United power would extend. But for the most part the purposes States submitting sundry nominations, which were referred contemplated by this bill would not, it seems to me, be even to the appropriate committees. remotely related to navigable streams. tlle Senate took a recess, the recess being, under the increase in acreage planted to legumes and other soil­ the order previously entered, until Monday, February 10, conserving crops, and the other measures for soil conserva­ 1936, at 12 o'clock meridian. tion contemplated by this bill. No one can say that this measure will or will not be held unconstitutional by a majority of the Supreme Court.. All NOMINATIONS that a can do is to support legislation Executive nominations received by the Senate February 7 of undoubted benefit to the farmers of the country which (legislative day of Jan. 16), 1936 seems to him to meet the decision of the Court in the form ASSOCIATE JUSTICE, SUPREME COURT OF PUERTO RICO of the enactment. Martin Travieso, of Puerto Rico, to be an associate jus­ Mr. OMAHONEY. Mr. President-- tice of the Supreme Court of Puerto Rico, vice Pedro de The PRESIDING OFFICER (Mr. CLARK in the chair). Aldrey, resigned. Does the Senator from Idaho -yield to the Senator from APPOINTMENTS, BY TRANSFER, IN THE REGULAR ARMY Wy~ming? Mr. POPE. I yield. TO QUARTERMASTER CORPS Mr. O'MAHONEY. Does it appear to the Senator that Maj. Alfred Schrieber Balsam, Infantry, with rank from there is any language in the majority opinion in the Hoosac March 18, 1925. Mills case which affords Congress any standard by which TO CORPS OF ENGINEERS it may determine whether this procedure or that procedure Second Lt. John Hicks Anderson, Infantry, with ra-nk is constitutional? from June 12, 1934. Mr. POPE. I think not. The only language which would ~ Second Lt. RObert Butler Warren, Coast Artillery Corps, look in that direction is the language indicating the dis­ with rank from June 12, 1934. tinction between conditional appropriations ancf agricul­ TO ORDNANCE DEPARTMENT tural production, for instance. For example, the Court says that agricultural production cannot be regulated even under First Lt. William Lewis Bell, Jr., Infantry, with rank from the spending power of Congress, because that powet' is not October 1, 1934. given to the Federal Government. Neither is the Federal First Lt. Robert George Butler, Jr., Coast Artillery Corps, Government clothed with power to regulate or control edu­ with rank from June 1, 1934. cation, or regulate or control, say, farm-to-market roads TO CHEMICAL WARFARE SERVICE under our road program, or to construct public works within First Lt. Ralph Bishop Strader, Infantry, with rank from a State, or to feed the destitute within a State. November 1, 1934. 1652 CONGRESSIONAL RECORD-HOUSE FEBRUARY 7- . TO FIELD ' ARTILLERY _. - . ' . PERMISSION TO. ADDRESS THE HOUSE First Lt. Daniel Turner Workiier·.-. Infantry, with rank '- - Mr~ -'LAMBETH:. Mr. Speaker, i ask ' urianiniou8' consent from August 1, 1935, effective June 25, 1936. - that on Monday next, following the -reading of the Journal 1 TO COAST ARTILLERY CORPS and therdisi)osftion ·of bu8iiiess ~ori the Speaker's table, I may First Lt. Alexander Johnston Sutherland, Infantry; 'with address the House for 30 ri:tinutes. - · rank from Au~t 1, 1935, effectiv~ June 2?! 1936: · _ Mr. BANKHEAD. Mr. Speaker, reserving the right to object, I am not going to object w·this request, but Monday PROMOTIONS 'IN .T~E RE;GUI,.AR ~MY is District day, and I understand the Speaker has indicated TO BE COLONELS he expects to give full consideration to the District Calendar Lt. CoL Melvin Guy Faris, Infantry, from February 1, 1936.· on that day. I trtist that no other requests will be made, Lt. Col. William Jackson McCailghey, ·Infantry, from Feb- · because we will have to go forward with District business· at ruary 1, 1936. that tinie. · . Lt. Col. Eugene Ross Householder, Adjutant General's De- The ·sPEAKER. Is there objection to the request of the partment, from February 1, 1936. . · gentleman from North Carolina? - L~. Col. Eugene Santschi, Jr., Infantry, from February 1, There ~as no objection. _ 1936. Mr. LAMBETH. ·Mr. Speaker, I ask unanimous consent to . Lt ~ Col. William Addleman Ganoe, Infantry, from Feb- address the Hou.Se for orie-half mimite. - . . ruary 1, 1936. · The SP~AKER. Is there objection to the request of the TO BE LIEUTENANT COLONELS gentleman from North Carolina? Maj. Lester Leland Lampert, Infantry, from February 1, There was no objection. 1936. - ; Mr. LAMBETH. Mr. Speaker, .on yesterday the gentleman Maj. Charles Harrison Corlett, Infantry,· from February 1, from Massachusetts [Mr. TINKHAM],' on · the · floor of the 1936. . . House, stated that Walter Hines Page ~ a· dead constituent of Maj. Louis Alexander Falligant, Infantry, from February mine who cannot speak for himself, as the Ambassador of our 1 1936 · · - · - . · ' ·: · country to Great Britain during the World War, was a traitor. 'Maj. ·William Ord Ryan, Air Cprps, from February 1; 1936. · 11 des~e on"¥qnday to - ~~cJ!ess ·tp(House in ans~~r ~~this Maj. William Francis Maher: Field Artillery, from Febru- charge. a1_1d .l:ll defense of the character and patriOtism of ary 1, 1936. · Walter Hmes Page.- TO BE MAJORS . AS .I SEE IT IN WASHINGTON . . . "' I • Capt. Harold Edwards Stow, Irifantry, from · February 1, Mr. JONES. Mr. Speaker, a -f-ew days ago I secured the 1936. - · ' unammo~ coQSent _to inSert in the ~ECORD a spee~p. delivered Capt. William Burl Johnson, Quartermaster corps, from by Bascom _Timmons, former president of the National Press February 1, 1936, subject to examination requiied by law. Club, on the-occasion of the Jackson Day dinner at Dallas, Capt. W_ilfred ·mu steward, coast Aitillery Corps, from Tex. I did not at that time have an estimate from the Print- February 1, 1936. _ ing Office~ . I renew the request-afthis time. Capt. Merl Louis :Broderick, Infantry, from February 1, · · The SPEAKER. Is there obJection to the request of the 1936. gentle:Jflan from. Texas? - · Capt. Lester Austin Webb, Infantry, from February 1, 1936. There was no objection. . Capt. Samuel Lewis Buracker, Infantry, from February 1, Mr. JONES. Mr. Speaker, pursuant to leave granted, I 1936. herewi-th submit for printing in the RECORD an address en- Capt. Arthur Edwin Burnap, Infantry, from February 1, titled ~'As I See It in Washington", by Bascom N. Timmons. 1936. · This address was delivered at the Jackson Day dinner at · Capt. James Harrison Donahue, Infantry, from February Dallas, Tex., January 8, 1936. 1, 1936. - • Mr. Timmons was formerly pr~sident of the National Press · Capt. Thoma's Patrick Walsh, Finance Department, from Club. February 1, 1936. _ · I appreciate the courtesy which the House has shown in Capt. William Robert Hamby, Cavalry, from February 1, permitti~g his pers?nal comment to be printed in the RECPRD. 1936. . .1 Mr. Timmons sa1d: · Capt. Henry Winter Borntraeger, Infantry, from February I deeply appreciate the high honor you have done me in asking 1, 1936. that I -speak to you on this occasion. When your chairman invited me to come here I was puzzled at the reason I should have been asked. Texas annually produces, HOUSE OF REPRESENTATIVES and has produced for three-quarters of a century, a bumper crop of orators, capable of making the political . welkin ring on the FRIDAY, FEBRUARY 7, 1936 slightest provocation. Yet . I am not an orator, nor do I possef:s any of the orator's arts. I am a newspaperman. I am that by The House met at 12 o'clock noon. accident. The Chaplain, Rev. James Shera Montgomery, D. D., I was born on a black-land farm over here 1n Collin County. ofiered the followi.Ilg prayer: When I was a year old my father was lured to the Texas Pan­ handle by the promise of four s~ctions of land and boundless opportunity. Like all boys in that country I dreamed of becom­ Our Father in Heaven, in Thine only begotten Son we seek ing a cattle baron. I planned no short cut to the opulence I the true Master, the grace to keep the highest law and the was sure I would attain. I would start out with a few dogies eternal rule of conduct. 0 Thou who withholdeth no good and parley them into a great herd of Herefords. I started out to thing, render our souls more acute to catch the whispers of be a cowboy · and had received a liberal education in the science of fixing fences and windmills and was beginning to learn some­ Thy voice and let "the inward man be renewed daily." We thing about cattle when I became a victim of something that has pray Thee that Thou wilt witness no harshness in our behav­ displaced many men from their normal employment-technology. ior and no resentment in our spirit: Blessed Lord, guard our They start~ busting up the cattle_ranches. hearts; and may they be harmonized with the sweet, strong · So I came down to Dallas and .went to wor.k as a reporter on the Dallas Times Herald, owned then .as now by a great independent order of the kingdom of God. Allow nothing to blind us to American journalist, Edwin J. Keist. For nearly 25 years I 11ave the mercy that never faileth. 0 be with us lest we forget been in Washington,· trying as best I can to accurately report for and wander from the paths of rectitude and duty and prove the people of Texas the things that happen there. That role is not particularly conducive to partisanship, and at times my friends ourselves recreant to the trust which has been imposed in us, have accused me of having a very thin Democratic veneer, if any. for Thine is the kingdom and the power. and the glory forever. I am honored far beyond my deserts when I am asked to come Amen. here on Jackson Day, the anniversary of Jackson's great victory The Journal of the proceedings of yesterday was read and at New Orleans, in this our Texas centennial year. Andrew Jack- son was the friend and patron ·of Sam Houston. We are told that approved. Jackson envisaged Houston as his successor in the White House.