1947 CONGRESSIONAL RECORD-SENATh 3829 By Mr. JACKSON of California: . against Thy lights, that we may live Senate Resolution 46 created the Sen­ H. R. 3167. A blll for the relief of Ikumori longer and better. ate Special Committee To Investigate Sakihara; tu the Committee on the Judiciary. By the grace and mercy of Jesus Christ the National Defense Program.- By Mr. MARTIN of Massachusetts: our Lord. Amen. H. R. 3168. A bill' for t he relief of Antone The purpose of the resolution is to G. Pina; to the Committee on the Judiciary. THE JOURNAL limit the application of certain provi­ sions of existing law to counsel employed By Mr. MUNDT: On request of Mr.. WHITE, and by H. R. 3169. A ,bill for the relief of Simon by the special committee. Mentioned Kirk; to the Committee on the Judiciary. unanimous consent, the reading of the specifically in the resolution are sections By Mr. WINSTEAD: Journal of the proceedings of Tuesday, 109 and 113 of the Criminal Code 08 H. R. 3170. A bill for the relief of R. W. April 22, 1947, was dispensed with, and U. S. C. 198 and 203). Section 109 of Wood; to the Committee on the Judiciary. the Journal was approved. the Criminal Code forbids officers of the H. R. 3171. A bill for the relief of Miss MESSAGES FROM THE PRESIDENT United States to aid or assist in the Maggie Sue Eakes; to the Committee on the prosecution of claims against the United Judiciary. Messages in writing from the Presi­ dent of the United States submitting States. Section 113 forbids officers and employees of the United States to re­ PETITIONS, ETC. nominations were communicated to the Senate by Mr. Miller, one of his secre­ ceive any compensation for services ren­ Under clause 1 of rule XXII, petitions dered in connection with any proceed­ taries. ing or other matter in which the United and papers were laid on the Clerk's desk MESSAGE FROM THE HOUSE and referred as follows: States is interested before any adminis­ trativE) body. 363. By Mr. LECOMPTE: Petition of Mrs. A message from the House of Repre­ Vida M. Fletcher and 298 citizens of Lamoni, sentatives, by Mr. Swanson, one of its Exemptions similar to the foregoing Iowa, urging adoption of H. R. 142, to take reading clerks, announced that the House have been contained in a number of beer out of Army training camps, and alco­ had passed without amendment the bill · previous statutes and are not unusual hol, prostitution, anq gambling away from to Hon. JULIUS A. KRUG, tional possibilities, protect wildlife, strength­ assist the States in improving and main­ Secretar y of the Interior, . en the national defense, and for other pur­ taining their systems of free public edu­ Washington, D. C. poses, Which was ordered to lie on the table, MY DEAR MR. SECRETARY: May I call to your cation by providing funds to be used for attention a matter which I regard of extreme and .tppears under a separate heading.) supplementing teachers' salaries, which importance to the Government .and people (Mr. PEPPER (for himself and Mr. MURRAY) .we introduced on January 8, 1947. of the United States. Under no circum­ introduced Senate .btll 1157, to promote the stances should Alaska, Hawaii, or Puerto general welfare by providing funds to assist The PRESIDENT pro tempore. With­ out objection, the amendment will be re­ Rico, or any other outlying island or Ter­ the several States in paying adequate salaries ritory be admitted as a State in our Federal to teachers in public schools, which was re­ ceived, referred to the Cpmmittee on Union. To do so, in my judgment, would ferred to the Committee on Labor and Public Labor and Public Welfare, and will be Welfare, and appears under a separate mark the beginning of the end of the United heading.) printed. States as we have known it and as it has SUGAR RATIONING AND CONTROLS become so familiar and so useful to the ADEQUATE SALARIES FOR PUBLIC­ world. Our country now consists of a sound SCHOOL 'TEACHERS Mr. -WHERRY. Mr. President, re­ and compact area, bounded by Canada, by Mexico, and. by the two oceans. To add out­ Mr. PEPPER. Mr. President, on be­ cently the question of sugar rationing and further controls on sugar was before lying territory hundreds or thousands of half of the senior Senator from Montana miles away, with what certainly must be dif­ [Mr. MURRAY] and myself, I ask unani­ the Senate. It was with interest that I ferent interests from ours and very different mous consent to introduce for appropri­ read in today's Wall Street Journal the background, might easily mark, as I said, the ate reference, a bill providing for grants­ following news item : beginning of the end. in-aid and for assistance to the school Sugar supplies back up for the first time Think of what would happen were the vote teachers of the Nation, a class of our since before the war. Behind the back-up: of one Senator from Alaska. or Hawaii or Slowed buying by both industrial and house­ Puerto Rico to defeat the ratification of an citizenry who suffer particularly as a re­ important treaty affecting the polipy and sult of the increased cost of living and hold users. Growing clamor for abandon­ ment of rationing before the currently sched­ good order of the world. It is unthi~kable the inadequate compensation they have uled date of October 31 can be expected. But that we should allow any such po...c:sibility. 1·eceived in recent times. the prospect is that the Agriculture Depart­ On the other hand, I suggest that each one There being no objection, the bill CS. ment won't heed the clamor before early of these Territories--Alaska, Hawaii, , and 1157) to promote the general welfare by Puerto Rico-be set up, by treaty, as an in­ summer at the soonest. _ Not before then will dependent and self-governing nation, subject providing funds to assist the· several offic':'lls he sure that the Cuban crop is as big to but two limitations. These are, first, that States in paying a.dequate salaries to as expected and that a big fall sugar-beet their relations with foreign powers would teachers in public schools, introduced by harvest is assured. be subject to the approval of the President Mr. PEPPER (for himself and Mr: MUR­ AD:MISSION OF HA WAil, ALASKA, AND of the United States and the United States RAY), was received, read twice by its title, PUERTO RICO AS STATES Senate. This would prevent any foreign and referred to the Committee on Labor power from using them to our disadvantage. and Public Welfare. Mr. LODGE. Mr~ President, on March The second is that litigants in any one of 27 I received a letter from Nicholas Mur­ these countries should have the right of ap­ INVESTIGATION OF DISTRIBUTION OF ray Butler, the president emeritus of Co­ peal to the Supreme Court of the United RAILROAD FREIGHT CARS States. The effect of this would be to es­ lumbia University, in which he enclosed tablish a uniform system of public ·and civil Mr. DOWNEY (for himself, Mr. MAG­ a copy of a letter which he had written law in this part of the world. This privilege NUSON, Mr. McFARLAND, and Mr. JOHN­ to the Secretary of the Interior on March now exists in the case of Puerto Rico and I SON of Colorado) submitted the follow­ 7 opposing the admission of Hawaii, a.m told works extremely well. ing resolution (S. Res. 107) , which was Alaska, and Puerto Rico as States in the I earnestly ask your most serious consid­ referred to the Committee on Interstate American Union. eration of this proposal and the avoidance of the damage that would be done to our and Foreign Commerce: Although Mr. Butler is well along in Government and our people by extending Resolved, That the Committee on Inter­ years, he expresses his views with his the United Sta~es beyond its present very state and Foreign Commerce is authorized usual force and clarity and makes a con­ compact and naturally defined boundaries. and directed, in connection with its investi­ tribution which I believe should be care­ I regret that on account of my total blind­ gation of railroad freight-car shortages, ( 1) fully studied by Members of the Senate. ness, I cannot sign this letter myself. to make a study with respect to the authority Sincerely yours, and administrative policies of the Car Service In a letter to me of April 15 he com­ NICHOLAS MURRAY BUTLER. mented further on this topic, saying: Division of the Association of American Rail­ MEETING OF THE SUBCOMMITTEE OF THE roads in the distribution of railroad freight May I again say that in my judgment we ca1·s to serve the commerce and industries of are at the turning point in the history of ou1· COMMITTEE ON THE JUDICIARY the Pacific Coast and Rocky Mountain States, Nation when we deal with the question of Mr. McGRATH. Mr. President, I ask including any contiguous States affected by admitting to statehood outlying islands. unanimous consent that a subcommittee the current critical shortages of such.equip­ The moment we begin upon this policy it of the Committee on the Judiciary con­ ment; (2) to determine whether the Inter­ will have no end and the United States of ducting hearings on the nominations of state Commerce Commission has permitted America, as it has existed, will become a certain Federal judges may continue its such association to assum-e the duties and wholly different kind of nation. On the responsibilities imposed upon the Commis­ other hand, by adopting some such plan as meeting while the Senate is in session. sion by the Congress with respect to the dis­ I have suggested we can set up these outlying The PRESIDENT pro tempore. With­ tribution of freight cars among the various islands, over which we have jurisdiction, in out objection, it is so ordered. 1·ailroads and geographic areas of the coun­ a way which will give them independence and HOW TO CUT PRICES-ADDRESS BY ALF try; and (3) to ascertain whether such asso­ a right to self-government and at the same M.LANDON cfation is dominated by particular rallroads time protect them from being overrun by to an extent which would interfere with the other nations. We may be assured that if· ,[Mr. CAPPER asked and obtained leave to proper and impartial exercise of such duties have printed in the RECORD an address en­ we begin a policy by admitting Hawaii · to titled .. How To Cut Prices,'' delivered by Hon. and responsibilities. The committee shall statehood, it will be followed by attempts to Alf M. Landon, at a meeting in Kansas City, 1·eport to the Senate at the earliest practicable admit one_outlying island or Territory after Mo., April 22, 1947, under the auspices of date concerning the results of such investiga­ another until we shall have destroyed the the Republican National Committee, which tion, together with such recommendations as United States of America as we have known will appear hereafter in the Appendix.} it may deem desirable. it. UNITED NATIONS EDUCATIONAL, SCIEN- FEDERAL AID FOR EDUCATION­ I ask unanimous consent that his let­ TIFIC, AND CULTURAL ORGANIZATION­ AMENDMENT ter to the Secretary of the Interior of ADDRESS BY DR. GEORGE SCHUSTER Mr. GREEN. Mr. President, on behalf March 7 be printed at this point in the [Mr. MURRAY asked and obtained leave to of my colleague, the junior Senator from RECORD. have printed in. the RECORD an ado.ress on XCIII--242 3834 CONGRESSIONAL RECORD-SENATE APRIL 23 the activities of UNESCO by Dr. George accord with the new rule under the La to advance its own interests is proper, Schuster, president of Hunter's College, New Follette-Monroney Act, and follows the and there is no legal recourse against York, at the National Catholic Education the union. The laws referred' to do not Association Convention .at Boston, Mass., practice which the House has followed April 8, 1947, which appears in the Ap­ for many years, in order that the amend­ discriminate between strikes for justifi­ pendix.] ments of an existing act may be clearly able purposes and strikes for wholly il­ understood. legal and improper purposes. They do ADDRESS BY RALPH E. BECKER TO The report also contains the separate not distinguish between strikes for YOUNG REPUBLICA:t• WESTERN RE­ views of the Senator from Utah [Mr. higher wages and hours and better GIONAL CONFERENCE THOMAS], and supplemental views by working conditions, which are entirely (Mr. WATKINS asked and obtained leave myself, the Senator from Minnesota proper and which throughout this bill to have printed in the RECORD an address de­ [Mr. BALL], the Senator from Missouri are recognized as completely proper livered ry Ralph E. Becker, chairman of the Young Republican National Federation, be­ [Mr. DoNNELL], and the Senator from strikes, and strikes in the nature of sec­ fore the Young Republican Western Regional Indiana [Mr. JENNER] proposing some ondary boycotts, jurisdictional strikes, Conference, at Salt Lake City, Utah, on Sat­ additional amendments in addition to and strikes of the racketeering variety. urday, April 12, 1947, which appears in the those which appear in the bill. At this The acts simply eliminated all remedy Appendix.] time I do not intend to discuss those against any union, leaving the- union LABOR LEGISLATION-ARTICLE BY amendments. I wish merely to present leaders free, practically without any ROSCOE DRUMMOND the committee bill, which is a substantial control even by their members, to order step forward in improving labor rela­ strikes and boycotts and various kinds [Mr. HATCH asked and obtained leave to have printed in the RECORD an article written tions in the United States, and which of actions that interfered, I believe cer­ by Roscoe Drummond in regard to pending redresses many of the injustices which tainly unlawfully under common law, labor legislation, published under the head­ have arisen under the interpretation of with the activities of many other per­ line "State of the Nation," in the April 21, past laws. sons who were entirely innocent. 1947, issue of the Christian Science Monitor, Mr. President, why is a labor bill nec­ The National Labor Relations Act was which appears in the Appendix.] essary? Why is it demanded today by enacted for a proper purpose, but there­ COOPERATION BETWEEN THE PRESIDENT an overwhelming proportion of public sult of the actual administration of that AND CONGRESS-ARTICLE BY GOULD opinion? Of course, on the surface it is act has been completely one-sided. It LINCOLN due to the fact that we have had a large was simply for the one purpose of equal­ (Mr. WHERRY asked and obtained leave to number of strikes, inconveniencing the izing, or permitting a large number of have printed in the RECORD an article rela­ public, even threatening their safety and employees to act as one; in effect to com­ tive to cooperation betw~n the President welfare. I think even more, the wide­ pel them to act as one if the majority and the Congress, written by Gould Lincoln, spread demand for some correction of desired such action. and published in the Washington Evening the existing labor legislation arises be­ Of course, it was one-sided, and the Star of April 22, 1947, which appears in the cause of many injustices which have de­ first board that was appointed, I believe, Appendix.] veloped in labor relations, injustices established a method of procedure which CONSERVATISM IN PUBLIC FINANCE­ which are perfectly clear to all the peo­ was completely prejudiced and com­ ARTICLE BY JOHN W. OWENS ple who come in contact with particular pletely on the side of labor unions. In [Mr. TYDINGS asked and obtained leave disputes which in e1fect are without 1939 I sat through the hearings for nearly to have printed in the RECORD an article en­ remedy in the courts under present laws. 6 months on the operation of the Na­ titled "Something. Rare Under the Sun," by I myself feel that the larger employers tional Labor Relations Board up to that John W. Owens, published in the April 23 can well look after themselves, but time, and I do not think I have ever issue of the Baltimore Sun, which appears in throughout the United States there are heard, certainly in America, such a the Appendix.) hundreds of thousands of smaller em­ series of miscarriages of justice as oc­ AID TO GREECE AND TURKEY-EDI­ ployers, smaller businessmen, who, under curred under the first National Labor TORIAL FROM THE BALTIMORE SUN the existing statutes, have come gradu­ Relations Board. (Mr. TYDINGS asked and obtained leave ally to be at the mercy of labor-union The members of that board were to have printed in the RECORD an editorial leaders, either labor-union leaders at­ gradually dismissed by President Roose­ entitled "The Senate's Approval of the Aid tempting to organize their employees, or velt, the protests being so violent against Program," published in the April 23, 1947, labor-union leaders interfering with the issue of the Baltimore Sun, which appears their acts. As their terms expired other in the Appendix.] conduct of their business for one reason men were appointed to take their place, or for another. - and they disappeared from the picture. LABOR RELATIONS Mr. President, originally, before the The most violent testimony we had in The Senate resumed the consideration passage of any of these laws, the em­ that particular hearing that I remember of the bill (S. 1126) to amend the Na­ ployer undoubtedly had an advantage in came from the A. F. of L. unions them­ tional Labor Relations Act, to provide dealing with his employees. He was one selves, from Mr. Green and Mr. Padway, additional facilities for the mediation of man; the employees might be thou­ who took the . position, as I think cor­ labor disputes affecting commerce, to sands; and he could deal with them one rectly, that the board regarded them­ equalize legal responsibilities of labor at a time. In negotiations of that char­ selves not as a judicial board to deter­ organizations and employers, and for acter he had such a superior advantage mine rights under the law in a lawful other purposes. that. Congress came to feel that it must manner, but as crusaders to put the CIO Mr. TAFT. Mr. President, before legislate specifically in order to correct union in every plant in the United taking up any of the miscellaneous mat­ that situation and bring abrut a balance. States. In every way they could warp ters which were discussed yesterday, I Congress passeu the Clayton Act and the · the law to accomplish that purpose, they desire to make a comprehensive state­ Norris-LaGuardia Act in order to limit did so. ment regarding Senate bill 1126, which legal actions against unions. Congress Since then they have been succeeded has been recommended to the Senate by passed the Wagner National Labor Rela­ by others who have proved to be much the Committee on Labor and Public Wel­ tions Act in order that the employees of more judicial and who today I think fare, after 6 weeks of hearings and long a single employer might act as one in constitute a very fair board. Yet much consideration in the committee. Mem­ ·dealing with the one employer, in order of the personnel that was appointed bers will find the bill on their desks, to­ that they might be on a sound and an under the original law remains. Many gether with the committee's report, equal basis, a principle which I think no of the precedents which were established whiGh represent the views of 11 of the one can question, and which certainly is by the original board still exist, and the 13 members of the committee. · not questioned in the pending bill. result is that in the administration of After the preliminary statement the The difficulty with the Clayton Act that law, as testified to before our com­ report proceeds to set forth in detail and the Norris-LaGuardia Act is that mittee, there were so many injustices each amendment and what the amend­ they went at the situation with a meat that it seemed impossible to correct them ment provides for. ax. They practically eliminated all legal without legislation. On page 31 of the report is a rewrite remedy against unions for any action The greater part of the bill which is of the National Labor Relations Act taken by them. In effect they provide­ now before the Senate is a revision and showing the amendments proposed to be as construed by the courts, at least­ amendment of the Wagner Labor Rela­ made by the committee bill. That is in that any action by a union tal{en in order tions Act, which is rewritten from the 1947 CONGRESSIONA·L RECO · RD~SENATE 3835 first section to the last, with · amend­ employer meets with his employees, they finally Government price fixing. It may ments dealing with particular injustices have substantially equal bargaining be a popular thing to do. Today people which were called to our attention, and power, so that neither side feels that it seem to think that all that it is necessary which we believe can be corrected by an can make an unreasonable demand and to do is to forbid strikes, fix wages, and amendment of the law. These various get away with it. If neither side feels compel men to continue working, with­ injustices have been frozen into the law . that it can get away with certain de­ out consideration of the human and by the fact that for 8 years since the mands, I do not believe that the demands constitutional problems involved in that hearings in 1939 there has been no labor will ever be made. If there is reason­ process. bill, no comprehensive consideration of able equality at the bargaining table, I If we begin with public utilities, it will the problem, and nothing for action by believe that there is much more hope for be said that coal and steel are just as the Senate except the Case bill of last labor peace. That is the method pur­ important as public- utilities. I do not year, which was only a partial approach sued by the bill which is now before the know where we could draw the line. So to the problem, and which was vetoed by Senate. It is not an antilabor bill. It is far as the bill is concerned, we have the President. not a bill inspired by a desire to wreak proceeded on the theory that there is a Mr. President, the interpretations not vengeance on anyone because of wha right to strike and that labor peace must only of the laws themselves but of the he may have done. It simply proposes be based on free collective bargaining. administrative regulations and the ad­ to deal with the causes of labor trouble We have done nothing to outlaw strikes ministrative rulings, and the decisions and the injustices and inequities of the for basic wages, hours, and working of the Supreme Court itself-holding in present law. conditions after proper opportunity for effect that there was no way in which Basically, I believe that the committee mediation. any court could revise injustices per­ feels, almost unanimously, that the solu­ On page 48 of the bill we have pro­ petrated by the National Labor Rela­ tion of our labor problems must rest on vided for the delay of national emer­ tions Act-resulted in gradually build­ a free economy and on free collective gency strikes. We have provided that ing up the power of the labor leaders, bargaining. The bill is certainly based when a threatened or actual strike or so that today, in .my opinion, the weight upon that proposition. That means that lock-out affecting substantially an entire in collective bargaining negotiations is we recognize freedom to strike when th,e industry. engaged in trade, commerce, all on the side of the labor leaders, ex­ question involved is the improvement of transportation, transmission, or com­ cept perhaps against the very largest wages, hours, and working conditions, munication among the several States, if companies in the United States. In when a contract has expired and neither permitted to occur or to continue, would particular I believe that in dealing with side is bound by a contract. We recog­ imperil the national health or safety, the small business, with farmers, and even nize that right in spite of the inconven­ Attorney General may appoint a board with the workers themselves, the labor­ ience, and in some cases perhaps danger, of inquiry to inquire into the issues and union le·aders have acquired a power to the people of the United States which make a statement of the issues and re­ which today the people resent and which may result from the exercise of such port back to him as promptly as he may inevitably ·has been abused. Many of right . .In the long run, I do not believe direct. He may then seek from the court our labor leaders are just as judicial and that that right will be abused. In the an injunction against striking for a pe.:. as fair as anyone could wish them to be, past few disputes· finally reached the riod of 60 days, during which time the but extreme power, unreasonable power, point where there was a direct threat Government has another opportunity, cannot be granted to any group of men to and defiance of the rights _of the people through the Mediation Board, to try to without a large number of them being of the United States. . bring about an agreement· between em­ willing to exercise it to accomplish ends We have considered the qu~stion ployers and ~mployees which will pre­ which are not reasonable. ·Polls taken whether the right to strike can be modi.: vent a Nation-wide strike. today show that·union members them­ tied. I tltink it can be modified in cases If such mediation should fail, then at selves resent the power of labor-union which do not involve the basjc question the end of 60 days it is provided that leaders. Even on the question of the of wages, prices, and working conditions. there shall be an election by the em­ closed shop, which the union leaders are. But if we impose compulsory arbitra­ ployees to determine whether or not they most vigorously defending,.. the polls tion, or if we give the Government power accept the last offer made by the em­ show that more than half their men are to fix wages at ·which men must work for ployer. If they vote to accept it, of actually opposed to the position the another year or for two years to come, course the strike is terminated. If they leaders are taking, because apparently I do not see how ' in the end we can vote not to-accept it, the injunction is they feel that today they are at a great escape a collective economy. If we give dissolved and they are free to strike. The disadvantage in dealing with union the Government power to ijx wages, I do bill provides that when that happens the leaders, and that the..power given to the not see how we can take fi·om the Gov­ Attorney General shall submit to the leaders by existing legislation is so great ernment the power to fix prices; and if President a full and ~omprehensive re­ that the individual is unable to exercise the Government fixes wages and prices, port of the proceedings, and that the their right to free speech, his right to we soon reach the point where all indus­ President shall transmit such report, work as he pleases, and their general try is under Government control, and together with such recommendations as right to live as he pleases. finally there is. a complete socialization he may see fit to make, to the Congress As to the proper method of correcting of our economy. · for consideration and appropriate the situation, certainly there is no pana­ I feel very strongly that sq far as action. cea. I have been interested in talking possible we should avoid any system If there finally develops a complete with employers. A group of employers which attempts to give to the Govern.:. national emergency threatening the will say, "This situation must be cor­ ment this power finally to fix the wages safety and health of the people of the rected." When asked, "What is the most of any man. Can we do so constitu­ United States, Congress can pass an important thing?" one man will say one tionally? Can we say to all the people emergency law to cover the particular thing, another m:an will say another of the United States, "You must work at emergency. thing, and a third man will say some­ wages fixed by the Government"? I We did not feel that we should put thing else, because those are the matters think it is a long step from freedom and into the law, as a part of the collective­ that have come to their attention in deal­ a long step from a free economy to give bargaining machinery, an ultimate re­ ing with labor unions. the Government such a right. sort to compulsory arbitration, or to The p1·oblem is infinitely complicated. It is suggested that we might do so seizure, or to any other action. We feel I suppose there are at least 50 amend­ in the case of public utilities; and I sup­ that it would interfere with the whole ments to the present law in the pending pose the argument is stronger there, be­ process of collective bargaining. If such bill. Wherever we found an injustice cause we fix the rates of public utilities, a remedy is available as a routine rem­ we tried to correct it; and, of course, and we might, I suppose, fix the wages edy, there will always be pressure to re­ the uet result of correcting a number of of public-utility workers. Yet we have sort to it by whichever party thinks it injustices is incidentally to decrease some hesitated to embark even on that course, will receive better treatment through of thl! power of the labor-union leaders. because if we once begin a process of such a process than it would receive in It seems to me that our aim should be the Government fixing wages, it must collective bargaining, and it will back to get back to the point where, when an end in more and more wage fixing and out of collective bargaining. It will not 3836 CONGRESSIONAL RECORD-SENATE · APRIL 23 make a bona-fide attempt to settle if it that foremen either had to be a part of cretion and shall not bind itself by pre­ thinks it will receive a better deal un­ management and not have any rights vious decision, but that the subject shall der the final arbitration which may be under the Wagner Act, or be treated en­ always be open for further consideration provided. tirely as employees, and it was felt that by the Board. . We have felt that perhaps in the case the latter course would result in the The provisions·of the bill regarding the of a general strike, or in the case of other complete disruption of discipline and · closed shop are found on pages 12, 13, serious strikes, after the termination of productivity in the factories of .the and 14. They present a substantial every possible effort to resolve the dis­ United States. change in the present law. They pre­ pute, the remedy might be an emergency The definition of foremen is applied sent, I think, so far as I have been able act by Congress for that particular to persons who are strictly foremen. We to study the House bill, very much the purpose. have not extended it to timekeepers or same change as has been made in the I have had in mind drafting such a guards or any of the others about whom House bill. They do not abolish the un­ bill, giving power to seize the plants, and ·controversy has arisen. ion shop. They do abolish the so-called other necessary facilities, to seize the .. For many years the National Labor closed· shop. A closed shop is a shop in unions, their money, and their treasury, Relations Board held that, under the ex­ which the employer binds himself not to and requisition trucks and other equip­ isting amendment of the National Labor employ anyone unless he is a member ment; in fact, to do everything that the Relations Act, foremen were not em­ of the union at that time. A union shop British did in their general strike. of 1926. ployees. By a two-to-one vote that was is defined as a shop in which the em­ But while such a bill might be prepared, changed, and it was held that they were ployer binds himself not to continue any­ I should be unwilling to place such a law employees and that decision as an inter­ one in employment after the first 30 days on the books until we actually face such pretation of. the existing law was upheld unless he joins the union. In other an emergency, and Congress applies the by the Supreme Court by a vote of 5 to 4. words, an employer may employ anyone remedy for the particular emergency The legal question in the past has been whom he chooses to employ, but after 30 only. Eighty days will provide plenty of whether they are included as employees days such employee has-to join the union time within which to consider the possi­ under the existing law but we felt that or else the employer can no longer em­ bility of what should be done; and we on the questions of theory and of in­ ploy him. believe very strongly that there should tention of the law, and on the consid­ Mr. REVERCOMB. Mr. President, not be anything in this law which pro­ erations which I have submitted, fore­ will the Senator yield? hibits finally the right to strike. men. should be excluded from the op­ Mr. TAFT. I yield. I have dealt with this question, Mr. erations of the National Labor Relations Mr. REVERCOMB. What occurs if President, because it is one of perhaps Act. the union will not accept him into greater interest and one which affects Some other changes have been made membership? Is that poin~ covered? more the fundamental philosophy of the in the method of classifying employees, Mr. TAFT. Yes ; I shaH deal with that bill than the other provisions. It is con­ particularly professional employees. question. tained in title 3 as part of the mediation Professional employees are defined to be In the first place, Mr. President, the pro-cedure. those who are strictly professional, men bill does abolish the closed shop. Per­ But of. course the· injunctive process with highly specialized professional haps that is best exemplified by the so­ does not deal with the main causes of qualifications, who may, if they desire, called hiring halls on the west coast, labor trouble, the injustices, and the in­ vote themselves out of a plant unit and where shipowners cannot employ any­ equalities of the present law. The bill establish a special union for professional one unless the union sends him to them. seeks to restore equality of bargaining employees. Such a union would have That has produced a situation, certain­ power and imposes on the unions the re­ the protection of the Wagner Act. It is ly on the ships going to Alaska, as the sponsibility to balance the power which not a situation similar to that of fore­ testimony before our committee showed they have acquired. The bill is not in­ men. It would mean that the Board clearly, where there is no discipline. A spired by mere theory or by any hostility could not include professional employees man may be discharged one day and may to unions. It is based on specific "testi­ with nonprofessional employees if the • be hired the next day, either for the mony of specific wrongs. majority of the professional employees same ship or for another ship. Such an I shall try to summarize the changes in a plant did not desire to be in the gen­ arrangement gives the union tremendous which have been made. They are im­ eral union. power over the employees; furthermore, portant. They make a substantial step In the third place we have provided it abolishes a free labor market. A man forward toward the furnishing of equal further protection for craft unions. To­ capnot get· a job where he wants to get bargaining power. day the situation is that when a new it. He has to go to the union first; and The bill provides that foremen shall plant is organized the Board ordinarily if the union. says that he cannot get in, not be considered employees under the permits the craft members of that plant then he is out of that particular labor National Labor Relations Act. They to vote as to whether they will have a field. Under such circumstances there may form unions if they please, or join special craft union or join a general is no freedom .of exchange in the labor unions, but they do not have the pro­ plant union. The Board has followed market, but all labor opportunities are tection of the National Labor Relations the desires of the craft unit on that ques­ frozen. Act. They are subject to discharge for tion. But if at the time of the first cer­ As a matter of fact, most of the so­ union activity, and they are generally re­ tification a craft unit is not organized, called closed shops in the United States stored to the basis which they enjoyed or if no action is taken, and if by de­ are union shops; there are not very before the passage of the Wagner Act. fault they are all included in a plant many closed shops. If in a few rare It is felt very strongly by management union which is certified to the Board, the cases the employer wants to use the that foremen are part of management; Board has taken the position that after union as an employment agency, he may that it is impossible to manage a plant 1 year of such bargaining no craft union do so; there is nothing to prohibit his unless the foremen are wholly loyal to will be recognized or given an opportu­ doing so. But he cannot make a con­ the management. We tried various in­ nity to be heard in connection with es­ tract in advance that he will only take between steps, but the general conclu­ tablishing a craft unit. the men recommended by the union. sion was that they must either be a part All this bill does it to provide that such There are two conditions which we of management or a part of the em­ a previous finding shall not have that have imposed even on the union shop. ployees. It was proposed that there be effect, and .that if a year later the craft In the first place, the men must vote . separate foremen's unions not affiliated people want to form a separate union that they wish to have such a union shop with the men's unions, but it was found they shall have the same consideration provided for in the contract with the that that was almost impossible; that at that time as they would have had if employer, and the vote must carry by a there was always an affiliation of some they had taken that action when the majority of all the men in the unit- . ·not sort; that foremen, in order to be suc­ plant was first organized. In effect I just a majority of those voting, but a cessful in a strike, must have the sup­ think it gives greater power to the craft majority of all the men in the unit. That ~an promote other men to be foremen units to organize separately. It does follows, in a somewhat reduced form. the if necessary. The tie-up with the em­ not go the full way of giving them an bill introduced by the junior Senator ployees is inevitable. The committee felt absolute right in every case; it simply from Indiana [Mr. JENNER]. Certainly port of the employees' union. A plant provides that the Board shall have dis- it seems clear to me that unless a ma- 1947 CONGRESSIONAL RECORD-SENATE 3837 jority of the men in the unit want a attempted to deal with them by this presented in open hearings, and the union shop, they should not have to have proviso. other side of the matter is to be heard a union Shop imposed upon them by some Mr. President, on page 16 the bill con­ in open hearings. Thereafter, it will not agreement made by their leaders, thus tains a provision guaranteeing free be possible for the trial examiner to have giving the leaders increased power over speech to employers. That provision in a private or secret meeting with the their men. effect carries out approximately the Board, to argue against a possible re­ In the second place, we have proposed present rule laid down by the Supreme versal of his opinion, just as it is not per­ a proviso in the case where a man is Court of the United States: It freezes missible for a United States district judge refused admittance to a union, when an that· rule into the law itself, rather than to have a private meeting with-the judges employer employs a nonunion man, and to leave employers dependent upon fu­ of a circuit court of appeals, after a hear­ during the first 30 days of his employ­ ture decisions. That is one of the mat­ ing has been held before that court to ment he goes to the union and says, "I ters which has been most widely dis­ determine whether the distri'ct judge's want to join the union," but the union cussed, and I believe that we deal with opinion shall be reversed. refuses to take him. It is provided that it in this section with reasonable ade­ If exceptions are taken in representa­ in such case the employer shall not be quacy. tion matters, the hearing officer, who is compelled to discharge the man simply We have completely revised the nature in effect in the prosecuting end of the because the union will not let him join of the National Labor Relations Board. job, shall make no recommendations; he the union on the same terms and condi­ That is required for the reason that we shall simply pass on the hearing to the tions as any other member. In effect, have created a number of unfair labor Board, and the Board itself shall pass we say, "If you are going to have a union practices on the part of unions. The on the question of representation, and shop, then you must have an open union. Senate is. aware that in the past there shall do so on the basis of the facts that You cannot say to people, 'We have a have only been unfair labor practices are shown in the hearing. closed union shop, and we are not going .on the part of employers. All action The general attempt is to separate to let you in under any circumstances.'" taken has been taken against employers. those functions, so that we do not have The bill further provides that if the The Board has· been given a necessary the confusion which has existed and man is admitted to the union, and sub­ bias because the Board's only job has which has operated unfairly against sequently is fired from the union for any been to act against employers and to those prosecuted by the Board. reason other than nonpayment of dues, take action in the case of wrongs which I think the very fact that we speCify then the employer shall not be required it has been alleged that employers have unfair labor practices on the part of to fire that man. In other words, what committed. This bill designates a num­ labor unions, as well as on the part of we do, in effect, is to say that no one ber of unfair labor practices on the part employers, will necessarily restore the can get a free ride in such a shop. That of employees and labor unions as being Board to a more judicial attitude of meets one of the arguments for the unfair. I shall describe those later. mind. I think that in itself may elimi­ union shop. The employee has to pay The result is that it changes the nature nate much of the difficulty which has the union dues. But on the other hand, of the Board; it gives it more work to arisen. if the union discriminates against him do, and we have increased the number What are the new unfair labor prac­ and fires him from the union, the em­ of the members of the Board from 3 to tices on the part of unions? The pro­ ployer shall not be required to fire him 7, in order that they may sit in two vision starts on page 14 of the bill. First, from the job. During the testimony we panels, with 3 members on each panel, it is provided that-· heard of a case in which a union mem­ and accordingly may accomplish twice It shall be an unfair labor practice !or ber saw a shop steward hit a foreman. as much in the way of the number of a labor organization or its agents- That union member was called to testify hearings held. Today the Board is be­ 1. To interfere with, restrain, or coerce an in court, and he testified that he saw hind in its work, and of course this bill employer in the selection of his represent­ the shop steward hit the foreman. Sub­ will impose a considerably greater volume atives for the purposes of collective bar­ sequently, . the union called him before of work upon the Board. gaining or the adjustment of grievances. their board for discipline, and said that We have attempted to deal with the for him to testify as he did was unfair obvious fault, in the early days, that the Last night David Lawrence, in a com­ to the union, although he had been sub­ Board not only prosecuted a man or pletely puerile analysis of the bill, re­ penaed to testify in court and sworn. initiated the prosecution of a man, but ferred to that as not meaning anything, Thereupon he was fired from the union, also judged the fairness of its own prose­ and being something to fool the public. and under the union agreement the em­ cution, almost completely free from any This- unfair labor practice referred to ployer would have to fire him. Under review by the courts. That has offended is not perhaps of tremendous impor­ this bill the employer would not have to certainly my sense of justice and it has tance, but employees cannot say to their fire that man unless he did not pay his offended every principle of Anglo-Saxon employer, "We do not like Mr. X, we union dues. law. We have tried in various ways to will not meet Mr. X. You have to send I think the justice of such an arrange­ assure that there shall be a separation us Mr. Y." That has been done. It ment should be clear. As I have said, of those functions. We have not pro­ would prevent their saying to the em­ either we should have an open shop or vided for a complete separation, because ployer, "You have to fire Foreman Jones. we should have an open union. I ·do not the Board itself, as time has passed since We do not like Foreman Jones, and believe we should permit the complete 1939, has gradually separated those func­ therefore you have to fire him, or we exclusion from any industry of a man tions in most respects, and a good many will not go to work." This is the only who wants to work in that industry, and of the really serious abuses which oc­ section in the bill which has any rela­ whom the employer wants to employ, and curred previously could not occur today. tion to Nation-wide bargaining. Under who is perfectly competent to work there, We have abolished the Review Section, this provision it would be impossible for simply because the union says, "We do so that this Board will act more as a a union to say to a company, "We will not want you and we will not let you in" court; the cases will go directly to the not bargain with you unless you appoint or "We are going to fire you from the Board, and must be heard by the Board; y.our national employers' association as union because we do not like the way and each member of the Board is to be your agent so that we can bargain na­ you act." given attorneys to work for him, just as· tionally." Under the bill the employer Mr. President, I have hesitated to sup­ each Justice of the Supreme Court has has a right to say, "No, I will not join port the complete outlawing of the union attorneys working for him. So the pol­ in national bargaining. Here is my shop, because the union shop has been in icy of the Board will not be determined representative, and this is the man you force in many industries for many years, by some anonymous Review Section, but have to deal with." I believe the provi­ and to upset it today probably would de- will be determined by the Board itself. sion is a necessary one, and one which .stroy relationships of long standing and ~t is provided that when a trial ex­ will accomplish substantially wise pur­ probably would bring on more strikes aminer makes a report he shall not then poses. than it would-cure. I think there are enter into secret meetings with the Board Mr. FULBRIGHT. Mr. President, did abuses. I mentioned three or four dur­ in an attempt to persuade the Board · the Senator say that that is the only ing the course of the hearings. With that he is right, after the hearing has provision which relates to industry-wtde respect to ab-uses of that kind, we have been held. His point of view is to be bargaining? 3838 CONGRESSIONAL RECORD-SENATE APRIL 23 Mr. TAFT. Yes, that is the only one. The man from Hartford told me he had and go back to a non'l.lnion status, if The Senator will find in the supple­ lost $100,000 in the last 3 months, and the men so desire. mental report an amendment proposing that he would be bankrupt in another It is provided that where there is a to deal with the subject, but there is 3 days and out of business, so far as he ballot having three proposals on it, the nothing else in the bill in that regard, was concerned. That is an example of A. F. of L. union, the CIO union, and no and I shall not deal with that question the secondary boycott, the A. F. of L. Union at all, the two highest shall be cer­ today. sign hangers' union boycotting an em­ tified in the run-off. Under existing Secondly, it is made an unfair labor ployer using certain material because it conditions if, we will say, the A. F. of L. practice for a union to try to get an was made by a CIO union. Senators has the highest number but not a ma­ employer to discharge a man who has have heard of other instances. I cite jority, the no-union has next, and the been improperly fired from the union. this one only as a type of that kind of CIO union, third, the Board says that That is supplemental to the provisions action. since the A. ~. of L. and CIO together I have dealt with relating to the closed The bill provides that that type of had a majority of the total, therefore the shop. strike is an unfair labor practice. When men want a union, and they do not put In the third place, it is made an un­ a strike occurs, the man who is damaged on the ballot the no-union proposal fair labor practice for a union to refuse by it is to go to the National Labor R~la­ which was second in number of votes to bargain collectively with an employer. tions Board and file a charge, and they cast, they simply put the A. F. of L. and Up to this time the obligation to bargain give him a hearing. If he can persuade the croon it. collectively has been solely on the em­ them to do so the Board can go to court This bill requires them to pursue the ployer. Now it is on both the employer and get a temporary injunction against policy that has been pursued in every and the employee. further operation of the strike while the run-off election I know of-the two The fourth unfair labor practice is an National Labor Relations Board is hear­ highest have to be certified in the run­ extremely important one. It is made an ing the question as to whether it is an off. The bill also provides that elec­ unfair labor practice for any union to illegal strike or not, and deciding tions shall be held only once a year, so engage in a secondary boycott. That whether it will issue a permanent in­ that. there shall not be a constant stir­ is subdivision ( 4) (1) . junction against that particular strike. ring up of excitement by continual It is made an unfair labor practice for Mr. President, I think what is provided elections. The men ch,oose a bargaining any union to engage in an indirect in the bill is a substantial stev forward. agent for 1 year. He remains the bar­ organizational strike. That is to say, the The provision is a most important one. gaining agent until the end of that year. teamsters cannot go to a store and say, At a later time I shall state why I think The bill provides furtper that in these "Unless you sign up with the clerks' there should be a more direct remedy elections, and otherwise, there shall be union, we are going to boycott your than is given, in this type of strike. The equal treatment of independent \lnions. store,'' unless the clerks' union has been members of the committee who favored Today the Board refuses as a rule to cer­ certified as a bargaining agent by the the method set out have provided the tify an independent union. Most· c.f the National Labor Relations Board. best possible means by which to get ac­ independent unions had some cloud on The third type of strike which is made tion if it is necessary to go to the Na­ their original formation. , an unfair labor practice is the strike in tional Labor Relations Board at all. The Originally, perhaps they were a com­ which one union is certified by the Na­ same remedy applies to organizational pany union, or they had some aid from tional Labor Relations Board and an­ strikes and one type of jurisdictional the company. The Board has taken the other union strikes against the decision strike. position that if those facts are once of the National L::..bor Relations Board. Finally, violation of a contract by a shown, they never will certify such a The fourth type of unfair labor prac­ union or an employer is also made an union, although it may have purged itself tice is the ordinary jurisdictional strike, unfair labor practice which may be en­ of that connection for the last 10 or 15 in which two unions compete for work joined by the Board. years. The telephone union was origi­ on a particular job. · Mr. President, one of the matters nally a company union. Now, nobody I think the committee all agreed that which created the greatest complaint in can question it is bona fide. those types of strikes are in effect rack­ the early days, and still does, is conduct If there be an A. F. of Lor CIO affiliate eteering strikes. They are strikes which of elections by the National Labor Re­ union which is company dominated, but are not direct strikes to settle questions lations Board. An election under pres­ which affiliates itself with the national of wages or hours or better working con­ ent law may be sought only by a union. A. F. of L. union, then the Board will per­ ditions. They are strikes ·which are, in In the early days the Board exercised its mit it to purge itself promptly and will effect, attempts to bring indirect pressure discretion in favor of particular unions. certify it as bargaining agent. on third parties, to get third parties to It would not order an election until the This bill provides that it must •give work in some way to bring about a result union told it conditions ·were favorable, independent unions, under those circum­ which may ultimately be favorable to.the and it might win. Many of the greatest stances, the same treatment that would one initiating the pressure, which has no abuses on the part of unions occurred in be given a union affiliated with the A. F. direct relation to the work except p~r­ the use of that discretionary power by of L. or the CIO. Numerous representa­ haps with regard to the question of the Board in the early days. tives of independent unions appeared power. Today an employer is faced with this before the committee who told us how As to the secondary boycott, I shall situation. A man comes into his office unfairly they had been treated. It was later describe that type of strike, but I and says, "I represent your employees. felt that theirs was a good case. ran into one over the last week end. Sign this agreement, or we strike to­ The bill provides, that in elections, one The plant of a manufacturer of neon morrow." Such instances have occurred shall not have the right to vote if he has signs in Connecticut, I think in Hart­ all over the United States. The employer no right to be reinstated in his employ­ ford, or near Hartford, had not been has no way in which to determine ment. In the Redwood case, in Califor­ organized, and finally his men were or­ whether this man really does represent nia, the men in a particular sawmill com­ ganized by a CIO union. The result was his employees or does not. The bill gives pany plant, struck, and. walked out. that the A. F. of L. sign hangers' union him the right to go to the Board under They have been out now for 18 months, refused to hang this man's signs before those circumstances, and say, "I want an and gradually they have been replaced, any store. Almost the same type of case election. I want to know who is-the bar­ mostly by returning veterans, until there occurred in Ohio. In Lima, Ohio, a gaining agent for my employees." Cer­ is a full force working in the plant, and small m&nufacturer of neon signs was tainly I do not think anyone can ques­ the men who were formerly employed forced out of business because he recog­ tion the fairness of :;uch a proposal. are out, working on other jobs; and yet, nized under the provisions of the act, the We provide, further, that there may when an election is held, the old men union which the National Labor Rela­ be an election asked by the men to de­ still vote, still select the bargaining tions Board compelled him to recognize. certify a particular union. Today if a agent; and there is no possible way for Yet he could not get his signs hung. If union is once certified, it is certified for­ the _employer to stop the strike or stop the stores were able to get them hung, ever; there is no machinery by which the picketing, that still continues, be­ they were broken by stones. They are there can be any decertification of that cause he can deal only with the union particularly vulnerable objects, of course. particular union: An election under this which is represented by men who are no This man was driven out of business. bill may be sought to decertify a union longer there. The men who are in the 1947 CONGRESSIONAL RECORD-SENATE 3839 plant cannot be strikebreakers, they can­ But the pending bill provides they can be process, provides for a single Director not be men who are given more money sued as jf they were corporations and of Mediation, who is not to be under than the ordinary employee; but under if a judgment is found against the labor the jurisdiction of the Labor Depart­ present decisions if the new men are organization, even though it is an un­ ment but is made an independent agency, standard replacements, men willing to incorporated association, the liability is for the reason that it was felt· that the work, and taken on for permanent work, on the labor union and the labor-union Labor Department was formed to rep­ then they take the jobs of men who are funds, and it is not on the individual resent the interests of labor, and that a striking and the former workers are not members of the union, where it has fallen conciliation service should be absolutely entitled to have their jobs back. This in some famous cases to the great finan­ impartial between labor and employer. bill provides in that case that t:Qe for­ cial distress of the individual members Mr. REVERCOMB. Mr. President, mer employee cannot vote in the election, of labor unions. will the Senator yield? so that the new men can form a union Finally, Mr. President, the bill provides Mr. TAFT. I yield. and can make finally an agreement, for a joint committee to study and report Mr. REVERCOMB. The Senator from an effective legal agreement with their on basic problems affecting friendly Ohio has said that the Director is not to employer. labor relations and productivity. We be under the jurisdiction of the Depart­ Mr. President, the bill provides that have not had time to study a good many ment of Labor. Under which of the ex­ unions must file financial reports on fundamental questions relating to labor ecutive departments will he come? forms certified by the Secretary of La­ relations. There are various subjects Mr. TAFT. · He will occupy the usual bor, and furnish the reports to all their whic.h were not covered by the testimony, status of an independent agency, which members, and file a copy with the Secre­ and we felt that there should be a more will make him responsible dir.ectly to the tary of Labor. Such reports are not open fundamental study leading to better re­ President of the United States. to the public, any more than corporation lations between employer and employee, I might say that in this mediation pro­ reports are open to the public; but they leading to better productivity on the part cedure we have provided greater power are open to inspection by the members, of the individual worklp.an, with his for the Mediation Service. We hope that and they are also open to proper Govern­ willingness and consent, beca:use, after the prestige which it acquires may lead ment officials. There is no ~pecial pro­ all, his standard of living depends ulti­ to more successful mediation than there vision, but they are not specifically pro­ mately on his particular productivity. has been. vided to be open to the public. We see today what has happened in We have provided in the revision of The filing of such report is a condition England where the productivity of work­ the collective-bargaining procedure, in of certification as bargaining agent un­ men has for one reason or other steadily connection with the mediation process, der the law, and is also a condition of decreased. that before the end of any contract, the right to file any charges under the The committee is to study, first, a whether it contains such a provision or National Labor Relations Act. One of means by which permanent friendly co­ not, either party who wishes to open the the most important things; I thjnk, that operation between employers and em­ contract may give 60 days' notice in order the public feel should be done, is to make ployees and stability of labor relations to afford time for free collective bar­ unions responsible. This bill provides may be secured throughout the United gaining, and then for the intervention that such reports shall be made. · They States; of the Mediation Service. If such notice are made in many unions today. Many Second, the means by which the. in­ is given, the bill provides for no waiting unions favored the proposal. No man dividual employee may achieve a greater period except during the life of the con­ may longer conduct a union as his private productivity and higher wages, including tract itself. ·If, however, either party concern and conceal from his members plans for guaranteed annual wages, in­ neglects to giv~ such notice and waits, let the· salary he receives or the methods by centive profit-sharing and bonus sys­ . us say, until 30 days before the end of which he disposes of their funds. tems. There are many such plans pro­ the contract to give the notice, then there The bill makes a change in the provi­ posed as solutions of the labor problem, is a waiting period provided during which sion regarding court review of National and we believe all of them should have the strike is an unlawful labor practice Labor Relations Board decisions. The a hearing and that they should be for 60 days from that time, or to the end present rule in the law is simply that any studied by Congress; of the contract and 30 days beyond that decision supported by evidence shall be Third, the labor relations policies and . time. In that case there is a so-called final as to the facts, and the result has practices of employers and associations waiting period during which a strike is been that as a practical matter it is al­ of employees; illegal, but it is only brought about by most impossible for a court to reverse Fourth, the coordination of welfare the failure of the union itself to give the the National Labor Relations Board. funds with the social-security system. notice which the bill requires shall be Under this proposal, it is said that the We have an amendment to offer later given. So it seems to me to be no real finding of the Board with respect to ques­ which will deal with the question of hold­ limitation of the rights of labor unions. tions of fact, if supported by substan­ ing up the formation of wide open wel­ Mr. President, I have covered the bill. tial evidence on the record considered fare funds until this study is made but I shall be glad to answer any questions as a whole, shall be conclusive. in any event, a study should be made dealing with it today or at any other In the first place, the evidence must of the relationship between the security time. I feel that the bill makes an ex­ be substantial; in the second place, it funds of special corporations and in­ traordinary reversal along the right lines must still look substantial when viewed dustries and the social-security plan, toward the equalizing of the power of la­ in the light of the entire record. That whether they can exist alongside, wheth­ bor unions and employers. It is certainly does not go so far as saying that a de­ er they should be coordinated, and what a substantial step forward. There are cision can be reversed on the weight of the relationship should be. four other things that I think ought to be the evidence. It does not go quite so far Finally, the methods and procedures added to it, but they are in no way in­ as the power given to a circUit court of for best carrying out the collective-bar­ consistent with the bill itself. I hope appeals to review a district-court de­ gaining processes, with special attention very much that the Senate will proceed cision, but it goes a great deal further to the effects of industry-wide or to a consideration of the bill and will than the present law, and gives the court regional bargaining upon the national act upon it promptly. greater opportunity to reverse an obvi­ economy, and such other problems as I do not think that labor can claim ously unjust decision on the part of the the committee sees fit to study. That that any of its legitimate rights are in­ National Labor Relations Board. committee is to be composed of 7 mem­ terfered with, but if anyone can point Mr. President, title III of the bill, on bers of the Senate Committee on Labor out language which seems to be broader page 53, makes unions suable in the Fed­ and Public Welfare and 7 members of than the legitimate purposes shown to eral courts for violation of contract. As the House Committee on Education and be necessary by the hearings we have a matter of law unions, of course, are lia­ Labor, a total of 14, which is given the held, certainly·we shall be glad to modify ble in theory on their contracts today, usual power of joint committees. such language. but as a practical matter it is difficult to Mr. President, I did not mention the I think I can say that I support whole­ sue them. They are not incorporated; fact that the bill proposes to revise the heartedly the bill which is here presented, they have many members; in some States Federal Mediation Service. The re­ and I believe it will deal with a majority all the members must be served; it is vision, which occurs in the section deal­ of the serious problems which now exist difficult to know who is to be served. ing- with the emergency injunction in the relations between employers and 3840 . CONGRESSIONAL RECORD-SENA 'l'E APRIL 23 employees; that it will impose upon Tobey Watkins Williams Hoover Dam, the President said that in bis Tydings Wherry Wilson opinion the dam was and is Hoover Dam, unions a responsibility more equal to Umstead White the power which they have acquired, and that my joint resolution (S. J. Res. 45) Vandenberg Wiley was probably necessary in order to straighten and that it will tend to bring about in­ The PRESIDING OFFICER (Mr. out all the legal technicalities that had come dustrial peace in the United States. KNOWLAND in the chair). Eighty-two about through the interchangeable use of CHANGE OF NAME OF BOULDER DAM TO Senators have answered to their names. the names. HOOVER DAM On January 21, 1935, Attorney General A quorum is present. Homer Cummings replied to a letter he had Mr. HAWKES. Mr. President, I ask Mr. HAWKES. Mr. President, I am received from Secretary of the Interior Harold unanimous consent for the present con­ speaking on Senate Joint Resolution 45, Ickes, in which Mr. Ickes wanted the name sideration of Senate Joint Resolution 45, Calendar No. 52, whicll was discussed at Hoover Dam removed from litigation between Calendar No. 52, in accord with the state­ considerable length on Monday last. It the United States Government. and one of was returned to the calendar at 2 o'clock the States, which, as I recall was Arizona. ment made on the :floor of the Senate In his le:tter Attorney General Cummings yesterday, and without in any way dis­ because the regular order of business took preference. I shall not take the said: placing the unfinished business of the "I believe these acts refer to the dam as Senate. time of the Senate to go back over the Hoover Dam. Moreover, the dam is referred The PRESIDENT pro tempore. Is ground which I covered the other day, to as Hoover Dam in the contract between there objection to the request of the because it is now a matter of public the United States and the metropolitan Senator from New Je.rsey, that the un­ knowledge. It is in the CONGRESSIONAL water district under which contract, I un­ RECORD. derstand, the dam is actually being con­ finished business be temporarily laid I urge the passage of the joint resolu­ structed." aside, and that the Senate proceed to tion,.which has been on the calendar for Attorney General Cummings went on fur­ the consideration of Senate Joint Reso­ several weeks. The subject was before ther to say: lution 45? the Senate a year ·ago. I shall take a "I rather doubt whether it is feasible to There being no objection, the Senate do anything about the matter at tbis late few moments to read a part of what I date, even if it were deemed appropriate proceeded to consider the joint resolu­ said on Monday, because I believe that so to do. I call attention to the specific tion (S. J. Res. 45), to change the name Senators now present who did not hear words, 'even if lt. were deemed appropriate of Boulder Dam to Hoover Dam, which it should hear it: so to do'." , had been reported from the Committee Mr. HAWKES. Mr. President, I am not In these days when there is so much differ­ on Public Lands, with an amendment to ence of opinion on vital matters affecting breaching a confidence when I say to the the people and our Government and way of strike out all after the enacting clause Members of the United States Senate and and to insert the following: life, it behooves us to try to reduce all our 1 the people of the Nation, that I have had feelings to a better understanding. At no That the name of Hoover Dam is hereby several interviews with our distinguished time will all the people in this great Nation restored to the dam on the Colorado River in President, Mr. Truman, regarding this ques- . admire the same man in the same way, and Black Canyon constructed under the author­ tion of the name which belongs to the great that is probably beneficial to representative ity of the Boulder Canyon Project Act, ap­ dam under discussion. democracy. proved December 21, 1928 (45 Stat. 1057), and The first time I saw the President of the referred to as Hoover Dam in the act ap­ U:n,ited States in connection with this sub­ Mr. EASTLAND. Mr. President, will proved February 14, 1931 ('!6 Stat. 1146); in ject, I presented to him evidence that the the Senator yield? the act approved April22, 1932 (47 Stat. 118); name, Hoover Dam, had been used in five Mr. HAWKES. I yield. in the act approved July 1, 1932 (47 Stat. acts of Congress, which specifically referred Mr. EASTLAND. Mr. President, I 535); in the act approved July 21, 1932 ( 47 to the dam as Hoover Dam. The Interior think it is very fitting that this joint Stat. 717); and in the act approved February Department appropriation bill, which came 17, 1933 (47 Stat. 845). Any law, regulation, to the floor of the House of Representatives resolution should be passed. The dam document, or record of the United States in in December 1930, covering the fiscal year was constructed, as I understand, dur­ which such dam is designated or referred to ending June 30, 1932, specifically referred to ing the administration of President under the name of Boulder Dam shall be the dam as the Hoover Dam. This fact was Hoover. Wilson Dam was constructed held to refer to such dam under and by the called to the attention of the Members of during the administration of President name of Hoover Dam. the House of Representatives by Demo­ Wilson and remained Wilson Dam. Mr. SMITH. Mr. President, will the cratic-note, I say, "Democratic"-Repre­ Coolidge Dam was constructed during Senator yield to me to suggest the ab­ sentative Taylor, who emphasized to the the administration of President Cool- · House Members, among other meaningful sence of a quorum? things: idge and was named Coolidge Dam. The PRESIDENT pro tempore. Does "There is another feature of this section of Although I do not agree with his political the Senator from New Jersey yield to his the bill under consideration that I feel ought philosophy, Mr. Hoover is a great Ameri.:. colleague for that purpose? not to be passed over in silen,ce. I r..efer to can. No man in the world has done more Mr. HAWKES. I yield to my colleague three words in the second line which are to · alleviate human suffering than has for that purpose. 'the Hoover Dam.' " Mr. Hoover. Mr. SMITH. I suggest the absence of Representative Taylor went on to say: "Do In 1927 one of the greatest calamities· a ·quorum. you realize those words just read by the in the history of this country occurred clerk are making history for thousands of in the Mississippi Valley. A great part The PRESIDENT pro tempore. The years to come?" clerk will call the roll. Representative Taylor's statements appear of my State was practically washed The legislative clerk called the roll, in the CONGRESSIONAL RECORD (Dec. 12, 1930, away. Mr. Hoover was placed in charge and the folowing Senators answered to vol. 74, pt. 1, p. 646). No one could say that of relief there. He conducted the relief their names: the Congress did not know that the dam program, saved thousands of lives, and was being named Hoover Dam. Democratic did more than anyone else to alleviate Aiken George McMahon Ball Green Malone Representative Taylor's views were approved the suffering and the terrible conditions Brewster Gurney Martin by the Hous.e. The Senate concurred, and which were caused by the disastrous Bricker Hatch Millikin the bill became law, establishing the name flood of that year. We in the South Brooks Hawkes Moore of Hoover Da:tn in the act of Congress of appreciate his services to us in that Buck Hayden Morse February 14, 1931 (46 Stat. 1115, 1146) . Bushfield Hickenlooper Murray Four succeeding appropriation acts like­ catastrophe. Mr. Hoover is a great Butler Hill O'Conor American. Regardless of the original Byrd Hoey O'Daniel wise referred to the dam as Hoover Dam. Capehart Holland O'Mahoney Furthermore, the dam was officially named intention, whether it was to name the Capper Ives Overton Hoover Dam by Secretary of the Interior dam Hoover Dam or not, it should be Chavez Jenner Pepper Wilbur, who in public services gave it that named Hoover Dam. Connally Johnson, Colo. Reed name in accordance with the authority es­ Cooper Johnston, S.C. Revercomb It is fitting and proper, Mr. President, Cordon Kern Robertson, Va. tablished in the five appropriation bills which that the pending joint resolution should Donnell Knowland Robertson, Wyo. went through the Congress with due notice be passed. Downey Langer Saltonstall to the Members of Congress given to them Dworshak Lodge Smith by Democratic Representative Taylor, of Mr. HAWKES. I thank the Senator Eastland Lucas Sparkman Colorado, in his presentation of the appro­ from Mississippi. That is just the kind Ecton McCarran Stewart of stand I should expect him to take, Ellender McClellan Taft priation bill to the House of Representatives Ferguson McFarland Taylor on December 12, 1930. regardless of whether he agreed with all Flanders M-::Grath Thomas, Utah When I told President Truman that in my the philosophies and economic views of Fulbright McKellar Thye · opinion the name of the dam was and is any man. · 1947 CONGRESSIONAL RECORD-SENATE 3841 Mr. President, I shall not take more to having his name used in this particu- dam which made it possible, it will no time at present unless some Senator de­ lar way? · doubt change its name along with the sires to interrogate me. It will be remembered that Mr. Hoover, dam. I trust that the new nam~ will Mr. McCLELLAN. Mr. President, will in his veto of the Muscle Shoals bill, not be Hooverville, for that is a name the Senator yield? made it clear that power dams were not which was once all too common, and Mr. HAWKES. I yield to the Senator his favorite form of governmental activ­ whose connotations the local chamber of from Arkansas. ity. commerce might resent. Mr. McCLELLAN. Mr. President, I Of course, I could think of more ap­ If this measure passes, I think we have listened very attentively to the propriate things to name after Mr. might very appropriately commemorate Senator from New Jersey and also to my Hoover. For example, right here in for the ages the philosophy of former colleague who has just spoken, the Sena­ Washington there is Anacostia Flats, a President Hoover by an appropriate tor from Mississippi [Mr. EASTLAND J. I location intimately associated with the monument at the site of the dam. My wish to associate myself with the re­ Hoover administration. I think that we own suggestion would be that we en­ marks of the Senator from Mississippi. might very well change the name of that grave across the face of the dam some While it is true that those of us who are to Hoover Flats. of the immortal words which Mr. Hoover Democrats do not always agree with the As I say, I have no objection to hon­ used in 1931, when he vetoed the Norris political philosophy of Mr. Hoover, he oring our only living ex-President. Since bill to .erect a power dam at Muscle has been recognized by the p~ople of this move seems to be a political one, I Shoals-a project which has since been this Nation as a great man and a great might say that I am in full agreement constructed and has become known as American. In view of the contribution with it as a political matter. I think that the "TVA. Let me quote one sentence which he actually made toward the con­ nothing can be more valuable to the from that message which would be sin­ struction of the great project referred party of which I am a member than keep­ gularly interesting: to, and in view of the long-established ing the name of Mr. Hoover before the For the Federal Government deliberately precedent which has been set in connec­ public. I am particularly anxious that to go out to build up • • • a power tion with the naming of such projects, I the fact be more firm1y fixed in the mind and manufacturing business is to break down think it is not only fitting but is an act of all of the citizens of this country that the initiative and enterprise of the Amer­ of proper respect to Mr. Hoover and the Congress is now controlled by the ican people; it is .destruction of equality of opportunity amongst our people; it is the recognition of his services that the dam party of Mr. Hoover. While this should negation of the id,eals upon which our civ­ be named in his honor. be known to all, I fear that there is often ilization has been based. Mr. HAWKES. I thank the Senator public confusion; and I believe that acts from Arkansas for his remarks. · like the present one will do much to I suggest that that inscription be en­ Mr. SALTONSTALL. Mr. President, clarify the situation in the minds of the graved upon the monument at Hoover­ will the Senator yield? public. ville, or Boulder City. Mr. HAWKES. I yield to the Senator I would go even further. I think that Mr. FLANDERS. Mr. President, will .from Massachusetts. we ought to honor other notable Repub­ the Senator yield to me? Mr. SALTONSTALL. Mr. President, licans- here today. The lake which is Mr. HAWKES. I yield. I do not wish to prolong the debate on backed up by Boulder Dam is now called Mr. FLANDERS. I . have been very this subject, but it may not be inappro­ Lake Mead. I think we might very well much intrigued with the exhibition of priate for me to say a few words. change that name, and name it for one real American humor which has come I fi:·st came in contact with the of Mr. Hoover's great predecessors, the from the Senator from Idaho. I wish to humanitarian activities of former Presi­ Honorable Warren G. Harding. All of us­ present another expression of sentiment dent Hoover in World War I. I saw his who have seen the dam have recognized by another American humorist, Will work in connection with relief at that that its spillway is a magnificent sight. Rogers, whom some of us remember. In time, and I came to have an admiration I think it might well be used to honor the instance to which I refer he was for his ability as an administrator, for another Republican, and I can think of speaking seriously. He used to send a his work as an individual citizen, and no name which could more appropriate­ little syndicated telegram to the news­ for his performance of public and semi­ ly be affixed to a spillway than that of papers of the country every day. On public duty. Since that time I have the illustrious gentleman who served as October 19, 1934, this was his syndicated watched him in various capacities, in­ a Cabinet colleague of Mr. Hoover and telegram: cluding his distinguished service in the who controlled the public domain as Sec­ The madam and I just been visiting Hoover office of President of the United States. retary of the Interior. In short, I think Dam. That's not a typographical error; it is The dam referred to was built during the spillway should be named Albert Fall Hoover Dam. There must be some justice his administration, and it was named for Spillway. left among us. him. I think that in the period since I think, perhaps, that in addition to Mr. HAWKES. Mr. President, I thank he was President many things have been naming the dam after Mr. Hoover, we the Senator from Vermont for bringing attributed unfairly to former President should authorize the authorities at the that new thought into the situation. Hoover. I think what is now proposed dam to adopt as a public insignia for the I may say that when we speak of may be considered as in the nature of a dam a large H superimposed upon a Hoover Dam we find that all of the docu­ gesture of admiration and respect for shiny apple. The apple will remind us ments show that people all over the him, and it is appropriate that the action of the numerous apple sellers who lined United States, including those connected should be taken.. r hope the joint reso­ the streets during Mr. Hoover's admin­ with the great railroads, thought it was lution will be passed. istration and who served so well to illus­ Hoover Dam, because all their circulars, Mr. TAYLOR. Mr. President, will the trate the solution of that great engineer time tables, scenic literature, and so Senator yield? and economic wizard to the unemploy­ forth, referred to it as Hoover Dam; and Mr. HAWKES. I yield to the Senator ment problem of his day. I assume that they had some reason for from Idaho. Mr. Hoover once made the dire pre­ doing so. However, I do not care to go Mr. TAYLOR. Mr. President, I should diction that, if the American people re­ into that argument. like to make a 4- or 5-minute statement jected him, grass would grow on .the city I am happy to say that it is perfectly on this subject. I have no objection to streets in this country. Alas, that pre­ proper for the Senator from Idaho to honoring former President Hoover, but diction did not come true. Now, at last, express his opinion as he has done; but I think we could find a more appropriate when Mr. Hoover is coming into his own I thank goodness that the President of monument to him than a dam in view and is becoming a prQphet with honor the United States does not look upon Mr. of the fact that he was not, to put it even in his own country, it would be a Hoover exactly in the same light as does mildlY, outstanding as a supp_orter of touching tribute to sow grass seeds be­ the Senator from Idaho; otherwise Pres­ public power. A public power darn tween the pavements of Boulder City ident Truman would not have chosen might, after all, be distasteful to him. in the hope that somewhere a bit of Mr. Hoover for the important task which He might find it embarrassing to have green would sprout, bringing to frui­ he has performed. Much to President his name tied up with what he would tion those heroic words of prophecy. Truman's credit, he chose the ex-Presi­ call a socialistic enterprise. Has any­ Of course, it will not be Boulder City dent, a Republican, a man with some of mi.e asked him whether he would consent any longer. Since it is named for the whose philosophies certain classes of the 3842 CONGRESSIONAL RECORD~SENATE APRIL 23 people·of the United States do not agree. like I have for Mr. Hoover, because I After the original act had passed the Nevertheless, President Truman chose have no dislike for him. I said yester­ Congress, on May 1, 1-930, President that great man to perform one of the day, I say again today, that anyone who Hoover sent a letter of transmittal to the most remarkable humanitarian tasks was President in the period in which Mr. Speaker of the House of Representatives that has ever been performed in the his­ Hoover sat as President might have en­ reading, in part, as follows: tory of the world. I may say that, re­ countered the same· experiences, regard­ I have the honor to transmit herewith for gardless of how some persons in the less of his political affiliation. the consideration of Congress a supplemental country may feel toward Mr. Hoover, I The reason for my opposition to the estimate of appropriation for the Depart­ found that the people all over Europe and joint resolution is that the people of my ment of the Interior for the fiscal year 1930, pretty much around the world, particu­ State have, as set forth in the resolution to remain available until expended, amount­ ing to $10,660,000. larly the common people, are deeply just read to the Senate, which was passed The details of this estimate, the neces­ grateful to him for the work he has done almost unanimously by the Legislature sity therefor, and the reason for its sub­ in trying to bring food to them and to of the State of Nevada, are opposed to mission at this time are set forth in the let­ save them from starvation. changing the entire economic set-up of ter of the Director of the Bureau of the The PRESIDING OFFICER. The a community of six or seven thousand Budget transmitted herewith, with whose question is on agreeing to the committee people. Boulder City is a thriving little comments and observations thereon I amendment. city, established by reason of Boulder concur. Mr. McCARRAN. Mr. President, does Dam, as a service community to Boulder That•was President Hoover speaking. the Senator from New Jersey yield the Dam, and for 13 or 14 years, by consent This is what the Director of the Budget ftoor? and approval of its citizens, it has borne said: Mr. HAWKES. I do. the name "Boulder City." Throughout The last item contemplates reimburse­ Mr. McCARRAN. Mr. President, I the length and breadth of J;he world the ment to the reclam~tion fund of the expend­ send to the desk a resolution passed by name "Boulder Dam" has gone, and with itures on account of- the Legislature of the State of Nevada, it has gone the name of Boulder City. Of what? Of the Hoover Dam? Not and I ask t~at it be read. People have builded their business on The PRESIDING OFFICER. The that name. They have set up their econ­ at all- resolution will be read. omy on that name. Nowhere has "Hoo­ on account of Boulder Dam and power plant. The Chief Clerk read as follows: ver'' been mentioned with reference to I have read what Mr. Hoover said, Assembly Joint Resolution 21 the dam. Nowhere has there been any after the act had passed and had been Joint resolution memorializing Congress and activity to change the name of that dam. approved. The act was passed under a the Nevada Representatives in Congress to It has been stated that sometime or previous administration. It was passed retain the name "Boulder Dam" : other a law was enacted carrying the . under the administration of President Whereas the Bouldet Dam, located in the name "Hoover." That is not the fact. Coolidge. E was not pa~sed in the ad­ Black Canyon of the Colorado River, was The original act, as I read yesterday, ministration of President Hoover. completed in the year 1935; and carried definitely in section 10 the name Mr. Hoover, recognizing the fact thab Whereas prior to its completion it was "Boulder Dam." I read it again from the dam had been called Boulder Dam officially named and designated as "Boulder the House hearings on the Colorado all over the world, that the act itself, Dam"; and River Basin, 1926, page 4 . . Section 10 of when it went through the Cengress, de­ Whereas because it is the highest dam in the world it has become widely known and the original bill reads as follows: clared it to be Boulder Dam, as I read heralded, described in current encyclopedias, That for the purpose of constructing said from the record here, as it is written in­ and delineated upon maps under its official dam and incidental works, canals, and ap­ delibly into the act, sent up a letter at­ name "Boulder Dam"; and purtenant structures and acquiring lands tached to which was a supplemental es­ Whereas Boulder City, located in the im­ and rights-of-way therefor there is hereby timate, not for Hoover Dam, but for mediate vicinity of the dam, and being the authorized to be appropriated from any Boulder Dam. city which serves the dam, bears its name moneys in the Treasury not otherwise appro­ Mr. President, many things may be because of the official name and designation priated such amounts as may be necessary said about this subject, including many of the dam itself; and to carry out the purposes of this act, not exceeding in the aggregate the sum of $70,- things which may be said in error. I Whereas it is the sense of the Assembly I and the Senate of the State of Nevada that 000,000, to be appropriated from time to time, again say to the Senate that take no the dam being a national monument of out­ upon estimates made by the Secretary of the issue with the politics of Mr. Hoover. I standing importance its name should not be Interior, and transferred to a subfund of the regret that he had an unfortunate ad­ changed or redesignated: Now, therefore, reclamation fund established under said rec­ ministration, a fact of which in connec­ be it lamation law and to be designated "Boulder tion with this matter some people might Dam Project Fund." Resolved by tlte Assembly and the Senate take advantage. I am riot doing that. of the State of Nevada (jointly), That the "Boulder Dam project fund." There I am opposing the pending joint resolu­ Legislature of the State of Nevada hereby is the name written indelibly in the orig­ tion because it affects the life of the memorialize and petition that the Congress inal act which established and set up the · people of my State, in which this project of the United States retain the name and designation, to wit, "Boulder Dam"; and be Boulder Dam project. · is located. This project is not in Ala­ it further Mr. President, that is not all. bama; it is not in Mississippi; it is not Resolved, That the secretary of state of the Mr. HAWKES. Mr. President, will the in California; it is in the State of Ne­ State of Nevada be, and he hereby is, au­ Senator yield? vada, and the people of the State of thorized and directed to transmit properly Mr. McCARRAN. I yield for a ques­ Nevada have built an economy about this certified copies of the resolution to our Sena­ tion. project which no one can take away tors and Representatives in Washington and Mr. HAWKES. I merely wanted to from them, and now this joint resolu­ to the President of the United States Senate say that the date the Senator is reading tion proposes to take away the very and to the Speaker ·of the House of Repre­ precedes the dates when the several ap­ thing on which they have founded their sentatives. propriation bills containing the name name, which has become known through­ Passed assembly, March 15, 1947. "Hoover Dam" were passed, does it not? out the entire world. Passed senate, March 19, 1947. Approved by Governor, March 27, 1947. Mr. McCARRAN. It is the original Mr. SMITH . . Mr. President, will the act from which I am reading. Senator yield? Mr. McCARRAN. Mr. President, on Mr. HAWKES. But as we go along we Mr. McCARRAN. I yield for a ques­ Monday we discussed this matter briefly, often change our opinions, and change tion. and at that time I made a statement other things, too. My point is that what Mr. SMITH. Is the Senator from Ne­ which I deem worthy of repetition, the Senator has read was written prior vada familiar with the newspaper Las namely, that I have no quarrel with to the several appropriation bills in Vegas Age, southern Nevada's oldest either the politics or the political action which the dam was named "Hoover newspaper? or the regime in which Mr. Hoover Dam.'' Mr. McCARRAN. I am very well ac­ served this Nation as President. Mr. McCARRAN. Mr. Hoover did not quainted with it. My opposition to the pending joint change his mind about it. I am going to Mr. SMITH. Is the Senator aware of resolution does not stem from any dis- read to the Senator now what he said. the fact that on Sunday, March 16, 1947 CONGRESSIONAL RECORD-SENATE 3843 there appeared an editorial in the Las Department. It is order No. 436, reading Mr. McCARRAN. If he wrote such a Vegas Age- as follows: note, I do not know why, and I .. do not Mr. McCARRAN. What year? DR. ELWOOD MEAD, care, because he had no authority to Mr. SMITH. March 16, 1947, about a Commis3ioner of Reclamation: write such a note, and it had no bearing month. ago. The editorial appeared in You are directed to commence construc­ whatever. The Congress of the United one of the leading newspapers, or sup­ tion- States named it Boulder Dam, and no At­ posedly one of the leading newspapers, On what? Hoover Dam? No, sir. torney General had the right to change of the Senator's State, and, with the ·You are directed to commence construc­ it. Senator's permission, I should like to tion on Boulder Dam today. Mr. HAWKES. The distinguished read portions of it. I omit some parts Respectfully, Senator from Nevada will admit that of the editorial because they are an RAY LYMAN WILBUR, different people have a right to their attack on Mr. Ickes, which I do not wish Secretary. different viewpoints on what the Con­ to repeat for the REcORD, but I want to Does that sustain the editorial pub­ gress named it. The Senator has just read what is said about Mr. Hoover from lished in the Las Vegas Age, a newspaper been reading from the 1926 bill, which this newspaper published in the Sena­ that comes out weekly? The Senator was never enacted. It never became a tor's own State. The editorial is en­ talks about a leading newspaper. law. In 1928, the Swing-Johnson bil1, titled " 'Hoover Dam' History," · and it That was the order of the Secretary unlike the 1926 bill which never became reads as follows: of the Interior of that day, and he did enacted, does not say "Boulder Dam proj­ There is considerable confusion when it not hesitate to call it Boulder Dam in his ect fund." It says, "Colorado River Dam comes to discussion of the name of the great order to Dr. Mead, who was then Com· fund," and nowhere contains the name dam erected by authority of the Boulder missioner of Reclamation. "Boulder Dam." Is that not correct, I Canyon Project Act, passed by Cong1:ess and Mr. SMITH. Mr. President- ask the Senator? signed by P1·esident Coolidge in December of The PRESIDING OFFICER. Does Mr. MCCARRAN. Yes. Well, how the year 1928. the Senator from Nevada yield .further about the bill that was enacted? What . When construction of the dam was begun, did that cal.l the project? it was named "Hoover Dam" by Secretary of to the junior Senator from New Jersey? Mr. McCARRAN. I yield for a ques­ Mr. HAWKES. What did the Senator the Interior Wilbur, in conformity with the read from the bill that was enacted? tradition of the Bureau of Reclamation. tion. When the Salt River Valley project in Arizona Mr. SMITH. I merely want toques­ Mr. McCARRAN. I read from the was under construction, the dam was named tion the date of the order which has original act of 1926. "Roosevelt Dam" in honor of Theodore been read, because I know that Dr. Wil­ Mr. HAWKES. That was not enacted. Roosevelt who was Pre:;ident when the· work bur personally named the dam Hoover Mr. McCARRAN. Very well. It was was undertaken. In like manner, the· great Dam when the cornerstone, if that is the enacted later, was it not? structure built as part of the Muscle Shoals appropriate term, was laid or when it Mr. HAWKES. No; the Swing-John­ project was named "Wilson Dam;" the San son bill was enacted in 1928, but it does Carlos project dam on the Gila Rive1: in Ari­ was dedicated. Mr. McCARRAN. July 4-that is an not refer to the Boulder Dam project zona, was named "Coolidge Dam," and no fund. That is the point I am making. one, either Democrat or Republican, ever bad outstanding· day in our history-July 4, the pettiness to propose a change of those 1930. That was the date. I am not Mr. McCARRAN. Does the Senator names. taking issue with the fact that Mr. Wil­ mean that it leaves out that name? It remained for • • • -Harold Ickes, bur later made an attempt to name it Mr. HAWKES. Yes. who helNew Deal • " • to attempt, too, in view of the language of Hoover Dam? change the name "Hoover Dam" to "B0ulder the editorial from the Las Vegas Age. Mr. HAWKES. No. Dam" (although there had been an abortive If the act of the Legislature of the State Mr. McCARRAN. No; of course it does attempt made h1 the Nevada Legislatul'e to of Nevada, passed with only one dis­ not. .. make the change) . senting vote in the upper house, and Mr. HAWKES. No. Ickes made the change apparently for the with but few dissenting votes in the Mr. McCARRAN. Certainly, it does sole purpose of insulting and belittling a not. former President of the United States. He lower house, is an abortive act, then I wonder what Mr. Ray Lyman Wilbur's Mr. HAWKES. But Secretary Wilbur gave some silly reasons in trying to justify called it Hoover Dam, and so did an ap­ his act, which was approved neither by Pres­ a~t was when he attempted to name it ident Franklin D. Roosevelt, nor. by Nevada's Hoover Dam. It had not gone into Con­ propriation bill, which was passed with great Senator Key Pittman. gress as Hoover Dam. It came into Con­ the approval of the entire Congress. I There is just now a move in the Congress gress and was passed by Congress as think it is important for every Senator of the United States to attempt to right the Boulder ,Dam. In the act that created to have in mind this statement of a wrong by declaring the name of the principal the project, it was named Boulder Dam. Democratic Senator: "I call attention to dam authorized by the Boulder Canyon Proj­ It was spelled out, _as I have read it twice three words in this bill, which are mak­ ect Act to be "Hoover Dam." It appears that to the Senate. ing history for a thousand years. Those the Senate will follow the lead of the House Mr. HAWKES. Mr. President, will the words are 'The Hoover Dam'." After of Representatives which has already passed Senator yield? he made that statement the appropria­ a bill authorizing the change. The PRESIDING OFFICER. Does the tion bill was passed, and it was a finished It will make no particular difference to Senator from Nevada yield to the Sen­ article. I .am talking about something the public what the great dam in Black Can­ that is a finished article, not something yon is called, but it will take many years to ator from New Jersey? Mr. McCARRAN. I yield for a ques­ proposed in the Congress which never remove from the Roosevelt administration became a law. the odium of having been a party to the tion. Ickes attempt to insult Herbert Hoover. Mr. HAWKES. I merely want to ask Mr. McCARRAN. Mr. President, I do the distinguished Senator from Nevada not care to yield further for the Sena­ I wanted to put that in the RECORD, why he thinks Attorney General Homer tor to make a speech in my time. because it is the editorial expression of a Cummings, under the Roosevelt adminis­ Mr. HAWKES. I beg the Senator's newspaper published in the distinguished tration, would write a letter to the Secre­ pardon. Senator's own State of Nevada, and ap­ tary of the Interior, Mr. Ickes, and tell Mr. McCARRAN. It is entirely all parently in the area in which the dam is him that it was too late to do what was right. located. contemplated, that he ooUld not remove Mr. HAWKES. I hope some ·time the Mr. McCARRAN. Mr. President, it the name "Hoover Dam" from the brief Senator will make a speech in my time. merely goes to show that even editors can in the case between Arizona, as I recall, Mr. McCARRAN. I shall be glad to be mistaken. I hold i_n my hand a copy and the United States, because it was do that. of an order, over the signature of Ray "water over the Hoover Dam," and he The PRESIDING OFFICER. The Lyman Wilbur, dated July 4, 1930, ad­ said, "I will see you some time soon and Senator from Nevada has the fioor. dressed to Dr. Mead, who was then Com­ commiserate with you." Why would the Mr~ McCARRAN. Mr. President, I missioner of Reclamation in the Interior Attorney General write such a letter? have a call that must be responded to :at 3844 CONGRESSIONAL RECORD-SENATE APRIL 23 the White House very shortly, and I must been established with the Boulder Dam the fiscal year 1933, and the citation is leave the floor. I come back again to as its background. 47 Stat. 118. The quotation · is as fol­ this one feature I want to leave with the Mr. SMITH. Mr. President, will the lows: Senate, that nowhere officially was this Senator yield? Boulder Canyon Project: For the continu­ dam ever called anything other than Mr. McCARRAN. I yield for a ques- ation of construction of the Hoover Dam and Boulder Dam. I challenge contradiction tion. - incidental works in the main stream of the of that statement. Mr. SMITH. If permitted, I should · Colorado River at Black Canyon • • •; The able Senator from New Jersey like to correct the statement the Senator $6,000,000. says that in an appropriation bill, some­ made that there was nothing in the laws The third extract is from the Emer­ where along the line, the name Hoover of Congress referring to this dam as gency Relief and Construction Act of Dam was used, but I go back again to Hoover Dam. I can say to the Senator 1932; and the citation is 47 Statutes 717, the order that I read, which was the first that I have here four citations which I section 301 (a) (5), and the quotation order ever issued in the construction of should be very glad to read, if permitted is as follows: this great structure, and it was issued by to do so. I should like to read first an For the continuation of construction of the man who then, of all people, had extract from the act making appropria­ the Hoover Dam and incidental works, as authority to name it, and that was Ray tions for the Interior Department. authorized by the Boulder Canyon Project Lyman Wilbur. He said to Dr. Mead, Mr. McCARRAN. I do not think the Act, approved December 21, 1928 • • •; the Commissioner of Reclamation: Senator is asking a question. It does not $10,000,000. You are directed. to commence construc­ start as a question. That is the record. tion on Boulder Dam today. Mr. SMITH. I am trying to correct Mr. McCARRAN. Mr. President, in The appropriation had been made be­ a statement made by the Senator from reply to the senior Senator from New fore that, and if it carried any impli­ Nevada. It should be challenged, be­ Jersey I draw the attention of the Sen­ cation that it should be under a different cause there are four appropriation acts ate to the fact that the Boulder Canyon name, would not the Secretary of the In­ which refer to this dam as the Hoover Project Act, signed by President Coolidge terior have said so? Dam. I should like permission· to read and providing for the contruction of the Mr. HAWKES. Mr. President-­ the citation in order that the RECORD works for the protection and develop­ The PRESIDING OFFICER. Does the may be correct. ment of the Colorado River Basin, for ap­ Senator from Nevada yield to the Sena­ Mr. McCARRAN. What the Senator proval of the ·Colorado River Compact, tor from New Jersey? has in mind has been stated a half and for other purposes, the act of De­ Mr. McCARRAN. I yield for a ques­ dozen times. cember 21, 1928-this is the act to which tion only. Mr. SMITH. Why, then, did the Sen­ the Senator from New · Jersey referred, Mr. HAWKES. Will the Senator bear ator say that it had not been referred the act of December 21, 1928-chapter with me a moment, to enable me to make to in acts passed by Congress as Hoover 42, 45 Statutes 1057, provided in section a brief statement in the form of a ques­ Dam. 1 for a "dam at Black or Boulder Can­ tion? Mr. McCARRAN. Because it had been yon for flood control, improving naviga­ Mr. McCARRAN. I yield. designated by Congress as Boulder Dam, tion, storage, and delivery of water, and Mr. HAWKES. Does not the Senator and it had been designated by the Secre­ a power plant." There again we find from Nevada realize that Mr. Hoover ex­ tary of the Interior as Boulder Dam, be­ the name "Boulder Dam.", hibited unusual business ability in con­ fore any appropriation act was passed. Mr. President, again I state that I do nection with the building of this dam, in The fact that some one may have in­ not intend to hold the floor for a great that it never was started until the un­ serted the name Hoover Dam into an length of time, but an injustice is about derlying contracts were made, and that it appropriation act does not mean that to be done to ·the people of a sovereign . is one of the great public projects which the project was called Hoover Dam. State. I am speaking here because the is really paying its way, so as not to take Mr. SMITH. Then the Senator will legislature of my State, by almost a any money out of the pockets of the admit that the name "Hoover Dam" did unanimous voice, has requested the Con­ American people? appear in four different places in the ap­ gress of the United States not to change Mr. · McCARRAN. Does the Senator propriation acts? That is all I want the name of this great project. I am want me to extol President Hoover? to place in the RECORD. speaking here because thousands of Mr. HAWKES. I should like very Mr. McCARRAN. It might have ap­ people in whose midst this great project much to have the Senator do so. peared in 40,000 places without desig­ exists, who have used the name "Boulder Mr. McCARRAN. If he does, I can nating the project as Hoover Dam. Dam" to publicize this project and also stand hu.e all day and ex.tol the gentle­ Mr. SMITH. It was so designated in to publicize their community are asking man. the appropriation act. that the name be not changed, because Mr. HAWKES. I should like very Mr. McCARRAN. I do not agree with if it is changed it will alter the entire much to have Mr. Hoover extolled by the the Senator. · economic set-up of their community. Senator from Nevada. Mr. SMITH. I want to have that Mr. President, Boulder Dam is not a Mr. McCARRAN. Mr. Hoover's name point made clear. If the Senator will mere object which few people see. It does not belong on that structure, wher­ yield I should like to read the quotation is the highest diversion dam or storage ever else it may rightfully belong. It from the act. dam in the world. It is known from pole may have belonged on a thousand other The PRESIDING OFFICER. Does to pole and round the world as Boulder things, but not on that structure, be­ the Senator from Nevada yield for that Dam, and it is advertised and publicised cause the Congress of the United States purpose? everywhere as Boulder Dam. Every said otherwise, and I am relying upon Mr. McCARRAN. How long is it? tourist agency, even the tourist agencies what Congress said, and upon the ap­ Mr. SMITH. It will take about 2 min­ of the .Government itself, sponsored by propriations which were made. I want utes to read all the quotations. the Government, carry the name of the it distinctly understood that I never im­ Mr. McCARRAN. Very well. dam as Boulder Dam. ply anything against the name of Mr. Mr. SMITH. The first is an extract The people of my State do not want Hoover. So far as that i.s concerned, from the Interior Department Appl'o­ the name changed, and I think a grave there is no difference between him and priation Act for the fiscal year 1932. injustice will be done to them if it is me, except in the fact that he was at the The citation is 46 Stat. 1146, and this is changed. head of an unfortunate regime, an un­ the quotation: If the change of name would do any fortunate administration, at least unfor­ Boulder Canyon Project: For the continua­ great amount of good to any one individ­ tunate for the people of the United tion of construction of the Hoover Dam and ual, living or dead, perhaps some of us States. But that has no relation to pres­ incidental works in the main stream of the would not declaim against it so much. ent conditions pertaining to the domestic Colorado River at Black Canyon • • •; But, Mr. President, if Mr. Hoover has Ilfe and industrial life of six or seven or $15,000,000. . not achieved glory and honor enough for ei.ght thousand people who are living in The second extract is from the Inte­ himself up to the present time, if, after a community, Boulder City, which has rior Department Appropriation Act for the 14 or. 15 years during which the 1947 CO-NGRESSIONAL RECORD-SENATE 3845 dam has been known ·around the world Jersey [Mr. HAWKES] wishes a yea-and­ for the development of the Colorado as Boulder Dam-and Mr. Koover, him­ nay vote on the joint resolution. I am while the majority of this· Congress for self, has used the term "Boulder Dam"; entirely content. I wonder if it can be many years doubted its feasibility. But he, himself, has called· the dam Boulder agreed that as soon as I can return to the in the end they won the approval of the Dam-he now must look for honor and Chamber a yea-and-nay vote may be had, Congress because they were right. ·They glory by the destruction of the economic so as not to interrupt the Senator from were practical men-practical and imag­ set-up of a community which is sustain­ New Mexico. inative, as well. Senator Johnson ·is no ing itself, by having the name of this Mr. HAWKES. Mr. President, will longer with us. I believe that it would dam changed to his own name, then he is the Senator from New Mexico yield to have been far more worthy of the Con­ a little bit short on sources of honor and me? gress to have named this dam after him glory. Mr. CHAVEZ. I yield. rather than after President Hoover. Mr. President, as I stated a while ago, Mr. HAWKES. I do not know that I Ranking equally with Hiram Johnson a call to the White House compels me can make such an agreement. I ob­ is Phil Swing, who, while a member of to leave the floor. I do not intend to tained an agreement to set aside the un­ the House of Representatives from San go further with this debate ·nor· with this finished business temporarily, in order Diego, labored as a crusader in the strug­ argument, altl1ough at first I did intend to take up the joint resolution. I do gle for this great project. Phil Swing to. I present the matter as one of fair not wish to lose the opportunity of hav­ was born at San Bernardino, Calif., and play and justice to the community of a ing this question come to a vote. I think is today one of the outstanding authori­ State which has sent a resolution here the Senator from Nevada is clearly on ties on the development of the Colorado memorializing the Congress not to pass record as to how he stands. He has Basin. As a young man he held the this joint resolution, and ctating the rea­ made his speech. I should like very vision of controlling the turbulent and sons therefor. Representing that State much to accommodate him; but it must mighty waters of the Colorado River for in part, I protest the passage of the joint be remembered that I have been waiting the upbuilding and refreshment of the resolution, and hope that it may not re­ for months to have the question consid­ great desert areas of the Southwest. ceive the sanction of the Senate. ered. It has been held up by objection I do not believe-and I say this toler­ Mr. CHAVEZ. Mr. President, on two after objection. I believe that the Sen­ antly and in the most kindly spirit-that or three occasions proponents of the ate will be ready to vote in a very few what the Senate is about to do will be joint resolution have referred to the ad­ minutes. popular with the people of the West. In ministration of the late President Roose­ Mr. CHAVEZ. Mr. President, if the that respect I perhaps differ with my velt and the New Deal. As a follower of Senator will allow me to proceed, I think good friend from New Mexico [Mr. the New Deal, and as a follower of the we-can vote very soon. CHAVEZ], who has just addressed the late President Roosevelt, and without any Mr. HAWKES. I thank the Senator. Senate. It happens that over the past apologies whatever for following the Mr. CHAVEZ. Mr. President, as I several years I have come into intimate New Deal and the late President, it is my have stated, I did not help to elect Mr. contact.with hundreds of the irrigation­ purpose to vote for ihe joint resolution. Hoover President of the United States. ists, agriculturists, and engineers of the I believe I know the history of the I did not want him to be elected Presi­ Colorado River Basin. The great ma­ legislation which brought about the con­ dent of the United States. I am one of jority of them are Republicans, and the struction of Boulde1· Dam. Mr. Hoover, those who can still admit that they were overwhelming majority feel that it would as Secretary of Commerce, presided at a for AI Smith. I helped to defeat Mr. be a serious mistake to single out any meeting of the representatives of the Hoover in 1932. Nevertheless, he has particular man and honor him by nam­ States located in the Colorado River been President of the United States. We ing Boulder Dam after him. Boulder Basin. That meeting took place in the might not have agreed with his adminis­ Canyon is a picturesque part of the his­ capital of my State, Santa Fe, N. Mex., tration; but still he was President of the toric and geographic pattern of the and while it is true that as a result of the United States. Even now, under the West. Boulder Dam is now advertised proceedings of that meeting legislation administration of one of our former col­ world-wide. The name meets with the was passed by the Congress of the United leagues, under the administration of a approval of the people of the West. I do States which in my opinion unduly pro­ respected American in the White House, not believe that even the Republicans tected the interests of California, the in­ Mr. Hoover has contributed to the pub­ from the Colorado River Basin States terests of the State of my good friend lic welfare and interest of the people of would approve an act changing the name from Nevada [Mr. McCARRANJ, and the the United States. Boulder Dam to Hoover Dam. In my interests of my good friend from the What is wrong with changing the opinion, among the great masses of our State of Arizona [Mr. McFARLAND], name "Boulder Dam" to. "Hoover Dam"? people it would be a very unpopular nevertheless we still feel in New Mexico Suppose it does him a little honor during thing to do. that Mr. Hoover took an important part his lifetime? He will not know about it I believe that most Republicans in the in furthering this great work, in bring­ after he is dead. If one wishes to send Southwest basin think it is a mistake ing about the legislation which resulted flowers to his neighbor, he should do it to pass by all the engineers, technicians, in the construction of the dam. while his neighbor is alive. He will ap­ farmers, and public officials who led and Mr. President, if we really believe that preciate it much more. lived in crusades for this dam and this fair play is a characteristic of the Amer­ Mr. President, I intend to vote for the development over the decades, and cen­ ican people, what is wrong with calling joint resolution, and I hope it will be ter upon one man the great honor and the dam "Hoover Dam"? Oh, yes; at­ passed. glory of having tpis dam named after tention is called to the fact that it is a The PRESIDING OFFICER. The him. That is merely my own opinion. policy of the Department of the Interior question is on agreeing to the committee I have no statistical analysis from Mr. not to recommend that any Government amendment. Gallup to support it, but it is the opinion project be named for a living person. Mr. DOWNEY. Mr. President, I can­ I have formed from talking with several But, Mr. President, as humans we should, not let this opportunity pass without in­ hundred vitally interested men who have once in a while at least, show a little re­ viting the attention of the Senate to the lived in the Colorado River Basin for spect for living persons. I say this as a patriotic and indefatigable work which many years. New Dealer-and I am still one. I say was done in the Congress of the United I rose principally to extol the departed this as a Democrat. Why not be ·fair? I States by two citizens of California in Hiram Johnson and the living Phil did not help elect Mr. Hoover President securing the appropriations and the law Swing, of San Diego, for their indefati­ in 1928. I did not contribute to his elec­ leading to the building of Boulder Dam. gable, courageous, efficient, and finally tion. I fought him. I refer to the late Senator Hiram W. effective work in bringing Boulder Dam Mr. McCARRAN. Mr. President, will Johnson, who served here for more than into existence. Boulder Dam is the the Senator yield? 28 years, and to Philip D. Swing, a dis­ great example of pubiic power. It is Mr. CHAVEZ. I yield. tinguished attorney of San Diego, Calif., regally paying its way by reason of the Mr. McCARRAN. I have stated the who served in the House of Repre­ development of public power and the necessity for my leaving the Chamber. I sentatives from 1921 to 1933. These sale of such power largely to public un ierstand that the Senator from New men had the vision and c~:mrage to fight agencies. 3846 CONGRESSIONAL RECORD-SENATE APRIL 23 Mr. BYRD. Mr. President, it was my remember is that he did favor the de­ Compact. It was the first time that a pro­ velopment of western projects that vision in the Constitution of the United purpose to speak very briefly in support States for treaties amongst the several States of the joint resolution; but, as I under­ would make available the generating of was utilized on so great a scale. That com­ stand, the Senator from Nevada [Mr. power. pact was ratified by six of the States and is McCARRAN] desires to leave to keep an I cite· as evidence in support of my held open to the seventh to join at any time engagement at the White House. I views on this matter a significant speech it may desire. It cleared out the legal under­ merely wish to say that I believe that which Herbert Hoover gave at Boulder brush in a way that enabled the next step to the joint resolution is an act of simple City on November 12, 1932. It is a be taken. And I again had the satisfaction justice to a great American, a former speech which sets forth the contributions of presenting, both as an engineer and as President of the United States, who con­ he made first as Chairman of the Colo­ head of the Commission, to President Cool­ tributed so much to this project. rado River Commission in 1922, then as idge and to the Congress, the great impor­ tance of these works. And I had a further Mr. HAWKES. Mr. President, I do Secretary of Commerce, and then as part in the drafting of the final legislation not wish to delay the action of the Senate President of the United States . .to the which ultimately brought them into being. any further, because I realize that the development and final construction of This legislation required the making of an Senator from Nevada wishes to leave to the great dam we are discussing today. extremely intricate arrangement by which keep a very important engagement. I want to say to the members of my the Federal Government should advance the However, I wish to say that, as I am sure party in this Congress that I am per­ money, but the byproduct of power arising he knows, all the people of Boulder City fectly willing to accept the stand on from this dam should be sold in such fashion are not opposed to the joint resolution. power development, reclamation, irriga­ as to return to the Federal Government its I have letters from a number of persons tion, and ftood control Which Herbert entire cost with interest. That contract for the sale of power was successfully negotiated in Boulder City who are not opposed to Hoover supported and defended in his by the present Secretary of the Interior with it but who are very strongly in favor of speech of November 12, 1932, as the my approval and contracts were let for actual it, as correcting the injustice which has sound principles which the Republican construction which was begun during my been done. Party should follow in 1947. Surely, if administration. The work has been carried I wish to close ·my remarks by saying they were good enough for Hoover jn forward with such rapidity that it is already that it is sometimes a little inconvenient 1932 they ought to be good enough for more than a year ahead of schedule in its or annoying to do justice, but it always the Republican Party in 1947. In his progress toward the specified period for its pays in the end. Today the fate of the speech in 1932 he pointed out what some completion. Within a few days the river whole world hangs upon justice between of us have been stressing in the Senate will be diverted through massive tunnels in individuals. of the United States these past several' order that the foundation of the dam may be laid. Mr. MORSE. Mr. President, I had not weeks, namely, that destruction by ftood This dam is the greatest engineering work expected to make any comment on this is very costly to the West. He referred of its character ever attempted at the hand issue other than the comment which I specifically to the ftood of the Colorado of man. Its height alone is nearly 700 feet, made the other day on the floor. I as­ River but what he said in 1932 about making it more than 100 feet higher than the sured the distinguished senior Senator the Colorado River is equally applicable Washington Monument and far.higher than from New Jersey [Mr. HAWKES] that I today along the banks of many rivers in any other such construction ever undertaken. would support his resolution. However, the West. To understand its purpose our people must realize that the Colorado River in its freshets in conversation with the Senator today, I cite again the situation along the from the snows of the Rocky Mountains flows I told him that I would express a certain Willamette River in Oregon where la ~ t at a rate as great as that of Niagara. In the point of view of which I think he knows. year in a little area of approximately 40 dry season it. diminishes to less than 5 per­ I listened with interest and good humor square miles 6 percent of all the ftood cent of its maximum flow. The purpose of to the satirical remarks made a few min­ damage in the entire United States was t)le dam, therefore, is to store the freshet; utes ago by my good friend the Senator done when the Willamette River went and the amount of water is so gigantic in its from Idaho [Mr. TAYLoR]. However, I on a rampage. proportions that the lake created behind it wish to suggest to him that I think he is over 100 miles long and will require the I am very much in favor of naming entire flow of the river for more than 2 years should join with me in encouraging the the dam, at Boulder City, Hoover Dam to fill it. Republicans to name a great power, rec­ in honor of Herbert Hoover for the con­ lamation, and ii-rigation dam for a dis­ tribution he made as an en ~ ineer, as So I say, Mr. President, that one de­ tinguished Republican. I feel that our Secretary of Commerce, and as President served r~ason for honoring a former western development program should be of the United States, to the program of President of the United States in connec­ bipartisan in nature, and I want to do western reclamation, flood control, irri­ tion with this dam is that, in my opinion, everything I can to identify the Repub­ gation, and power development. I think the record is perfectly clear that it was lican Party with these western projects. it is a fitting memorial to this particular through his efforts in the days of the Col­ Further, I want to say that I think phase of his public life. orado River Commission that the ground the Senator from Idaho is very much in I want to point out, Mr. President, that work really was laid for this dam. I feel error, if I understood him correctly, when it was in 1922 that Herbert Hoover was that great credit and honor are due to he implied that Herbert Hoover was not Chairman of the Colorado River Com­ him for the foresight which he showed a proponent of western reclamation de­ mission. This Commission not only laid back in 1922 when, as a distinguished en­ velopment. I agree with the Senator the necessary legal ground work for the gineer, he did this monumental work on from Idaho that Hoover was very much subsequent development of the particular the Colorado River Commission. mistaken in the stand he took on Muscle dam which is under discussion today, but In that speech, Mr. President, Mr. Shoals. Time has clearly proved him also it gave great impetus to the devel­ Hoover went further, pointing out the wrong on that fssue. opment of Western State compacts in position he took in regard to the develop­ However, today we are talking about regard to water rights, thus making it ment of this dam, which I tlJ.ink doubly doing credit to him for the constructive possible for us to cut away a great deal entitles him to the honor which the dis­ statesmanship for which he stood. It is of the underbrush of legal obstacles. tinguished senior Senator from New Jer­ easy for any of us to point out mistakes Further it has made it possible over a sey [Mr. HAWKES] seeks to have the Sen­ in the public record of any public official period of years to develop by joint State ate of the United States pay to Mr. because no one in public life can meet action agreements enabling us to go Hoover. this afternoon. the controversial issues of our day and He further pointed out that it was es­ age without making a fair share of mis­ forward with our reclamation program. sential to build the dam in order to pre­ takes. I admit that Hoover made his I want to quote a little from the speech vent the devastating floods which were which Herbert Hoover made on Novem­ fair share of them but he also made doing great injury to that section of the many sound contributions to the history ber 12, 1932. He said: West each year as a result of the over­ of our Nation. Thus, I say the Senator It is now 10 years since I became Chairman flowing of the Colorado River. That of the Colorado River Commission. That principle is still an important one in con­ from Idaho is in error when he gives Commission solved in a unique way the legal the impression that Herbert Hoover was conflicts as to water rights amongst six of nection with some of the other great dam not a friend of western reclamation, the States whicll had long held up any projects which some of us from the West floott control, and power development. possibility of the realization of these works. have been pleading for in the past few We may disagree with some of his views This was accomplished after 3 years of nego­ weeks in this Congress. There is too on public power but the main thing to tiation finally closing with the Santa Fe much indication, so far as some leaders 1947 CONGRESSIONAL RECORD-SENATE 3847 in Congress are concerned, that those lieve, of a substantial number of -people ~ECUTIVE REPORTS OF COMMITTEES works may be irreparably injured by the of the West. The following favorable reports of failure of this Congress to appropriate Mr. Hoover served his country well as nominations were submitted: the necessary funds to go ahead and pre­ World War I Food Administrator, as re­ By Mr. GURNEY, from the Committee on vent, by the building of those projects, lief administrator after the First World Armed Services: damage to the great West similar to that War, as Secretary of Commerce, and as Rear Adm. Alfred M. Pride, United States which was being done by the Colorado President of the United States. Any man Navy, to be Chief of the Bureau of Aero­ River at the time Herbert Hoover put his who contributed so much to the project nautics in the Department of the Navy, for hand to the problem in connection with and has given service both as President a term of 4 years; the construction of this dam. of the United States and in the :field of Delwin W. Classman, and sundry other of­ ficers for appointment in the United States Thus it is that I say I think my party relief, to aid humanity both at home and Navy; can very well atiord to go back to Mr. abroad, certainly is entitled at the hands Warren E. Aeschbach, and sundry other of­ Hoover's words of November 12, 1932, and of the American people to this slight ficers for appointment in the line of the carry forward the sound principles of recognition of the tremendous contribu­ Navy; fiood control which he developed in his tion which he has made. Richard J. Sullivan, aviator of the Marine speech of that date. For that reason, Mr. President, I do not Corps Reserve, to be a second lieutenant in In that speech, Mr. President, he also agree with my colleague from California the Regular Marine Corps; in his opposition to this measure. I shall Lt. Col. Harry Innes Thornton Creswell, pointed out the power benefits that and sundry other omters for promotion In would fiow from this dam, and he stated vote to restore the name Hoover Dam. the Regular Army of the United States; that it was a self -liquidating dam, point­ The PRESIDENT pro tempore. The Capt. Charles North Howze, and sundry ing out that the returns from the power question is on agreeing to the commit­ other officers for appointment, by transfer, in would pay for the dam, and that the dam tee amendment. the Regular Army of the United States; and would supply power to that section of The amendment was agreed to. First Lt. William McKinney Mantz, and the.country, which at that time seriously The PRESIDENT pro tempore. If sundry other officers for appointment, by needed it. there be no further amendment to be transfer, in the Regular Army of the United At this very hour there are other sec­ proposed, the question is on the engross­ States. tions of the West which need the same ment and third reading of the joint GORDON R. CLAPP type of power which will come from other resolution. Mr. REVERCOMB. Mr. President, in­ projects for which many of us are plead­ The joint resolution was ordered to be asmuch as the Senate is now in executive ing, and with which I think my party in engrossed for a third reading and read session, I ask that the nomination of this Congress should go forward with­ the third time. Gordon R. Clapp to be Chairman of the out any delay. The PRESIDENT pro tempore. The Board of Directors of the Tennessee Val­ In his speech, Mr. Hoover also spoke of joint resolution having been read the ley Authority be taken up and considered. the need of providing farmers in that third time, the question is, Shall it pass? · The PRESIDENT pro tempore. The section of the country with the necessary The joint resolution ccupy positions of great distinguished Senator from West Vir­ responsibility. I think nothing in the Mr. HILL. I am not familiar with thC' ginia [Mr. REVERCOMB] was right about practices of General Motors or simi! a r world would do more for our public serv­ the matter when he stated that those ice than to encourage young men to do organizations in that respect, but I take who feel that the financial program has it that in such companies the board of the very thing which Gordon Clapp has not been as it should be must really done. I think it is a wonderful example directors suggests that, "Here is an able. place the major responsibility on the capable, and efficient firm for the pur­ to hold out to the young men of Amer­ Congress. pose." ica, that they can enter the Government Mr. LANGER. I w2.nt to call the dis­ service and, by devotion to duty and a Mr. SPARKMAN. Mr. President, will tinguished Senator's attention to a fur­ the Senator yield to me in that connec­ willingness to work, can, without political ther fact. I am sorry the junior Senator tion? power or "pull," work their way to the from Connecticut [Mr. BALDWIN] is not Mr. HILL. Mr. President, I ask the top. One of the most striking features present, for I refer to the cafeteria or­ Senator from Missouri [Mr. DoNNELL 1 of our private-enterprise system is that ganization which has been serving food. to permit me to yield at this point to the a man who today may be greasing a The records show-- Senator from Alabama. The S2nator switch, or working under a locomotive, if Mr. HILL. Does the Senator mean has been very co"urteous, and I do not he has the proper stuff in him, some day here in the District of Columbia? wish to be discourteous. may become the president of a great Mr. LANGER. HPre and outside the Mr. DONNELL. Certainly. -railroad company. I think we need to District of Columbia. Mr. SPARKMAN. Mr. President, I encourage our young men. The ca ~ e of Mr. HILL. That has nothing to do think it is most apropos to the very ques­ Gordon Clapp is a wonderful example to with Mr. Clapp or with the TVA. tion raised by the distinguished Senator hold up to the youth of America. Mr. LANGER. I understand that; but from North Dakota to read this little Mr. LANGER. How long have the it is the same kind of an organization as expression from Mr. Warren, of the Gen­ other two directors been on the board? to which the Comptroller General could eral Accounting Office, as shown on page Mr. HILL. Dr. Harcourt Morgan has not do any investigating, and the result 7 of this report: been on the board since the very be­ is that it has been found that for 6 years In our opinion, TVA's accounts eenerally ginning; he was one of the original ap­ the organization has not even kept books. are well conceived, supervised, and main­ pointees. Former Senator Pope, as Ire­ The investigation shows that they have tained, and the Authority is to be com­ c:;:ll, has been on the board since the not turned in money which belongs to mended as one of the foremost Government sp ~· ing of 1938. the Government. Mr. Clapp, as the Sen­ corporations in the use of accounting m Mr. LANGER. If that be true-and, ator says, maY" not be to blame, but if he management, comparing quite favorably in is a stooge of Mr. Lilienthal I do not want this respect wit h well-managed private cor­ of course, I take the Senator's word for porations. it-why have not those two men on the to be in the position of voting for join­ Board sufficient experience without hav­ ing him with men who have resisted an That statement comes from the head ing Mr. Clapp _also on the Board? audit by the Government of the United of the General Accounting Office himself. Mr. HILL. Both those men have had States. Mr. HILL. · In other words, that is a wonderful experience. I do not know Mr. HILL. As I have read from the statement by the Comptroller Gen e ~· a t. that either of them wishes to have the Comptroller General's statement, there contained in a report on March 17, which added burden and responsibility of being has been an audit each year. I hope the is a very recent report. · Chairman of the Board. Dr. Harcourt Senator will get a copy of the letter, Mr. SPARKMAN. That is correct. Morgan has made a great contribution which is available in the document room. Mr. HILL. I thank the Senator for to the work in his service on TVA. He There has been an audit each year since that contribution. is not as young a man now as he was TVA has been in existence; but, as I Mr. DONNELL. Mr. President, will when he went on the Board. I have not stated earlier, the audit or the financial the Senator yield to me? talked to him about the matter, but I statement is not a matter which has Mr. HILL. I yield to my friend the ani sure that·he would prefer to remain come under Mr. Clapp. Senator from Missouri. as an associate member rather than to Mr. DONNELL. Mr. President--­ Mr. DONNELL. I should like to ask a have the additional work and the bur­ The PRESIDENT pro tempore. Does question. I understood the Senator to dens of the chairmanship of the Com­ the Senator yield? If so, to whom? say that Mr. Clapp did not have a posi­ mission placed upon him. I do not pre­ Mr. HILL. I suppose I inherited the tion of authority for the making of poli­ sume to speak for Dr. Harcourt Morgan fioor from my distinguished friend from cies. Did I correctly understand the or former Senator Pope, but knowing the West Virginia [Mr. REVERCOMB). Senator? situation as I do, I cannot but feel that Mr. LANGER. Mr. President, I have Mr. HILL. Yes; that is correct. the appointment of Mr. Clapp would be just one more question. What good Mr. DONNELL. I also understood the perfectly agreeable to them. would it do to have an audit tp.ade .by an Senator to state that the TVA has had 1947 . CONGRESSIONAL RECORD-SENATE 3853 certain special privileges · and certain But his answers generally were that he ness stand, I will say that I was im­ fiexibilities that have been afforded, not would act within the law as it is written, pressed with it; I was impressed that he only to it, but also to some other Gov~ and that he felt that the Tennessee Val­ was willing to answer questions. He did ernment corporations. Is that correct? ley Authority had previously acted with­ answer at length. Some members of the Mr. HILL. Let me say to the distin~ in the law. committee complained of indirect an­ guished Senator that, as I recall, when Mr. DONNELL. Was there any testi­ swers on ·his part; but he answered the President Roosevelt sent to the Congress mony to show whether Mr. Clapp, if ·questions. He stayed there throughout his message requesting the creation of placed in a policy-making position, the hearings; he was always present and the TVA, he stated that it was necessary would show a cooperative attitude in an responsive. to bring into -being a corporation with endeavor to make the corporation more His appearance and the answers he the power of government but afso with directly responsive to the Federal Gov­ gave impressed me as being those of a at least some of the fiexibilities o{ a pri~ ernment, along the line of furnishing fi­ man of ability to do the job. But when vate corporation-because, as the Sena~ nancial statements and direct reports to the Senator asks me to judge from Mr. tor from Missouri well knows, this cor­ the Government? · Clapp's appearance what his feelings poration goes into a field into which the Mr. REVERCOMB. As I have said, the would be about the future, I cannot an­ ordinary Government agency or depart­ law permits them to have very complete swer that question. ment does not go. It is in business, gen­ autonomy in themselves. That is the law Mr. DONNELL. On page 480 of the erating and selling power, among other today. My recollection of tQ.e sense of hearings-and let me say parenthetical­ things. the answers of Mr. Clapp upon those ly that I did not see the -hearings until Mr. DONNELL. Mr. President, will questions was that he would stay within today-! observe a paragraph in the tes- · the Senator be so kind as to yield once the law; and, as I recall, he read from timony of'Mr. Clapp, reading as follows: more, so that I may ask a further ques­ the statute, in answer to questions as to The TVA is not under civil service, we can­ tion of the Senator from West Virr.inia whether the things done there were with­ not pass the buck for our employment selec­ [Mr. REVERCOMB]? in the law. tion or for the terminations we made. In Mr. HILL. I shall be delighted to yield I will say· that if this change is made, testifying before this committee I represent for that purpose. · it is my belief that the Tennessee Valley the only Federal agency that can take full Mr. DONNELL. I could ask this ques­ responsibility and that has to take full re­ Authority will not be run with the same sponsibility and accountability for the selec­ tion of the Senator from Alabama. but degree of laxity, but that Mr. Clr.pp will tion, placement, termination, and dismissal I understand that he was not on the act in accordance with his view of what of employees. committee. he should do under the law. But that Mr. HILL. No; I was not. I am sure is not the question; the question is, What Let me say to the Senator that I do not the distinguished chairman of the com­ mean to imply any criticism of Mr. is the law? Clapp. I have never met him. But I mittee can answer the question with Mr. DONNELL. I do not question great authority. am interested in knowing what is the what the law is, but I ask whether there opinion of the distinguished Senator Mr. DONNELL. I should like to ask is any evidence which the distinguished · the distinguished Senator from West Vir­ from West Virginia, on the basis of a Senator thinks would throw any light comment such as that and on the basis ginia one or two questions. on the question as to whether Mr. Clapp, Mr. REVERCOMB. I shall be glad to of the general demeanor of the witness if placed in this policy-making position, and on the basis of the general testimony answer them as best I can. would show an · attitude favoring a Mr. DONNELL. I understood, not only of the witness, as to whether, if he, Mr. change in the law, so that the Tennessee Clapp, were made Chairman of the from the Senator from Alabama, but also Valley Authority would be more directly from the Senator from West Virginia, Board of Directors of the TV A, he would that Mr. Clapp was not in a ·policy­ responsive to the Congress than it is to­ or would not adopt a cooperative atti­ day. Was there any evidence along that tude toward immediate responsibility, making position. Is that· correct? line, showing what his attitude probably Mr. REVERCOMB. That is the posi­ direct and unrestrained. toward the Con­ tion I take. His last position was that would be if he were placed in the posi­ gress of the United Sta.tes. of general manager, but we know fairly tion of chairman of the Board of this Mr. REVERCOMB. Mr. President, I well that the policies were made right great activity? -will say to t4e Senator, though it may down the line by the directors. Mr. REVERCOMB. I speak solely be repetition, that my own conclusion, Mr. DONNELL. The point I have in from recollection. When the Senator my own impression, was that he would mind is· that Mr. Clapp is now nominated from Missouri seeks to pin me down to act within the law. He says, as he stated to be a· member of the Board of Directors. the point as to what Mr. Clapp woUld do in what has been read that they have Mr. REVERCOMB. He is to be Chair­ in his new work, I can only answer by their own civil-service set-up, they make man of the Board of Directors: saying that I am impressed with the view their own rules. By the way, that was that he would not go outside the law. Mr. DONNELL~ - He is to be Chairman one of the complaints made against of the Board of Directors of the Tennes­ But when the Senator asks me whether TVA. But that is not Mr. Clapp's fault; see Valley Authority? he will be more responsive than the law the law permits them to ·do it. It is the Mr. REVERCOMB. That is correct. requires him to be, I cannot answer as only Government agency of which I Mr. DONNELL. In that connection, of to that. know which, by express authority of course, the making of policies would be­ Mr. DONNELL. Let me ask the Sen­ Congress, can set up its own civil-service come a direct function of Mr. Clapp, ator another question. I take it that the methods of employment. When he said, were his nomination to be confirmed. Is demeanor of a witness upon the witness in answer to that question, "I am work­ that correct? stand frequently is of considerable im­ ing for the only Government agency Mr. REVERCOMB. That is correct. portance, indeed, sometimes, perhaps, of which has its own civil service, and is Mr. DONNELL. Let me ask the dis­ as much importance as the direct testi­ solely responsible for. its own employees, tinguished Senator whether, even though mony given by the witness. Will the and cannot pass ·the buck to some other Mr. Clapp did not occupy a position which Senator from West Virginia state branch of the Government," he was tell­ was in the nature of a policy-making whether in his opinion, after observing ing what was correct. position, the committee interrogated the the demeanor of Mr. Clapp upon the wit~ Mr. DONNELL. Mr. President, will witnesses along such lines as in the opin­ ness stand, the Senator believes that Mr. the Senator yield for a further inquiry? ion of the Senator from West Virginia Clapp would be reasonably cooperative Mr. REVERCOMB. I yield. would disclose what the attitude of. Mr. toward securing some amendment of the Mi. DONNELL. I noted in one of the Clapp would be in respect to policy mak­ TVA law so as to make that organization eariler responses of the Senator that he ing, were he to be made a member or more directly and immediately responsive stated, as I recall, that he would not say Chairman of the Board of Directors. to Congress than ft is today? that Mr. Clapp, if he were placed in au­ Mr. REVERCOMB. Questions were di­ Mr. REVERCOMB. I will say to the thority, would proceed with laxity, but rected along that line-not extensively, Senator that I cannot tell from the de­ that he would remain within the law. but I recall that Mr. Clapp was asked meanor of any _witness what he would Did the Senator mean to infer that the questions on that very point. I do ·not intend to do in the future. But as to general impression which he derived have those questions before me. · the demeanor of Mr. Clapp on the wit- from the testimony of Mr. Clapp was 3854 CONGRESSIONAL -RECORD-SENATE APRIL 23 that he would be insistent upon staying and I said I did not think he would act Idaho [Mr. TAYLOR], and the Senator just as near to the border of the law as with laxity, but would stay within the from North Dakota [Mr. LANGER], I ask he could, and avoiding cooperation with law. unanimous consent to introduce for ap­ Congress to-the full extent that the law Mr. DONNELL. I think the Senato-r is propriate reference a bill providing for might afford, or did he mean that Mr. in error as to my question. I did not in-­ the establishment of a Government cor­ Clapp would- be cooperative, in the judg­ quire as to whether he would stay within poration to be known as the Missouri ment, of the· Senator, and would favor the law. My inquiry was directed along Valley Authority, patterned on the Ten­ some reasonable type of immediate ac­ the line of what conclusion the Senator nessee Valley Authority. I think this is countability to Congress? had reached as to whether or not Mr. a very appropriate moment for the bill Mr. REVERCOMB. Let me say to the Clapp, if his nomination should be co_n­ to be introduced, after we have listened able Senator that he is asking me to firmed, and he should -be placed in a this afternoon to the many expressions state my personal impression about Mr. policy-making 'position, would or would of approval of the TV A. Clapp from seeing him on the witness not be cooperative in an effort to restrict The PRESIDENT pro tempore. With­ stand, and from hearing him testify, ·as these broad general powers, free from out objection, the bill will be received to what his attitude would be with re­ Congress, so to speak, which TV A now and referred. The Chair would like to spect to how far he would stay within possesses, not whether or not he would say to the able Senator from Montana a written statute. I cannot answer that violate the law. that the Chair has inquired into the mat­ to a degree. I have said that I thought Mr. REVERCOMB. I said he would ter of reference under the terms of the he would stay within the law. If he not act with laxity. I said that; and that Reorganization Act, and in the opinion stays within the law, he has performed I thought he would stay within the in- of the Chair the bill must be referred to his duty. When the Senator asks me tent of the law. · the Committee on Public Works. Know­ whether he will cooperate, and how Mr. DONNELL. I thank the Senator. ing that the Senator has a different view, closely he will cooperate, that involves Mr. COOPER. Mr. President, will the the Chair does not wish to make the another matter of degree. I cannot Senator yield? reference now if the Senator wants to form an opinion on that. But I am im­ Mr. REVERCOMB. I yield. have an opportunity to appeal from the pressed with the man's ability, I am im­ Mr. COOPER. ·I should like to point reference. pressed that he will stay within the law. out to the Senator from Missouri that on Mr. MURRAY. I shall be very glad to Then I say that it is up to Congress to pages 203 to about 210 several questions take advantage of the suggestion made fix the law within which he must stay. were directed to Mr. Clapp along the line by the President pro tempore. Mr. DONNELL.. Let me ask -the the Senator has opened up, and I think The PRESIDENT pro tempore. Then Senator, if he will yield further for this the testimony there gives some light on the bill will lie upon the table, and not be inquiry, does not the Senator think that his attitude. I know he says in several referred for the time being.' it is of great importance to the Senate, places that there Is no intent upon the Mr. MURRAY. I thank the Chair. in determining whether or not Mr. part of TV A..:...... and I suppose he was The bill