1942 CONGRESSIONAL RECORD-SENATE 2617 S. 2134. An act to revive and reenact the for printing and reference to the proper 2570. By the SPEAKER: Petition of the act entitled "An act authorizing the State calendar, as follows: Legislative Committee Auxiliary, No. 3, Park of Michigan, acting through the International Mr. O'NEAL: Committee on Appropria­ City Ladies Auxiliary, Park City, Utah, peti­ Bridge Authority of Michigan, to construct, tioning consideration of their resolution with maintain, and operate a toll bridge or series tions. H. R. 6802. A bill making appropria­ tions for the legislative branch of the Gov­ reference to unemployment compensation; to of bridges, causeways, and approaches thereto, the Committee on Ways and Means. across 'the St. Marys River, from a point in ernment for the fiscal year ending June 30, 1943, and for other purposes; without amend­ 2571. Also, petition of the secretary, Local or near the city of Sault Ste. Marie, Mich., 468, I. U. M. M. and D. W., Los Angeles, Calif., to a point in the Province of Ontario, Can­ ment (Rept. No. 1905). Referred to the · Committee of the Whole House on the state petitioning consideration of their resolu­ ada," approved December 16, 1940; and tion with reference to unemployment bene­ · s. 2222. An act to authorize the Federal of the Union. Mr. COSTELLO: Committee on Military fits; to the Committee on Ways and Means. Wprks Administrator to acquire title, on 2572. Also, petition of the mayor, village beh alf of the United States, to not more than Affairs. H. R. 6758. A bill to provide a penalty for violation of restrictions or orders of Palmetto, Palmetto, La., petitioning con­ 35 acres of land subject to certain reserva­ sideration of their resolution with reference tions in the grantors. with respect to persons entering, remaining in, or ·leaving military areas or zones; with to cooperation between the Federal and mu­ ADJOURNMENT amendment (Rept. No. 1906). Referred to nicipal governments; to the Committee on Ways and Means. Mr. COCHRAN. Mr. Speaker, I move the House Calendar. Mr. STEAGALL: Committee of conference 2573. Also, petition of the I. W. A. Auxiliary, that the House do now adjourn. _on the disagreeing votes of the two Houses. No: 19, Wauna, Oreg, petitioning considera­ The motion was agreed to; accordingly S. 2198. An act to provide for the financing tion of their. resolution with reference to (at 6 o'clock and 7 minutes p. mJ of the War Damage Corporation, to amend unemployment compensation; to the Com­ the House adjourned until tomorrow, the Reconstruction Finance Corporation Act, mittee on Ways and Means. Wednesday, March 18, 1942, at 12 o'clock and for other purposes (Rept. No. 1907). 2574. Also, petition of the Lumber and Saw­ noon. Ordered to be printed. • mill Workers, Everett, Wash., petitioning con­ sideration of their resolution with reference COMMITTEE HEARINGS to alien enemies and sympathizers;· to the PUBLIC BILLS AND RESOLUTIONS Committee on Military Affairs. COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS Under ·clause 3 of rule XXII, public There will be' a meeting of the Com­ bills and resolutions were introduced and mittee on Public Buildings and Grounds severally referred as follows: ·on ·wednesday, March 18, 1942, at 10 By Mr. PIERCE: SENATE .a . m., for consideration of H .. R. 6483. H. R. 6803. A bill relating to marriage and The heating will be held in room 1304, divorce among members of the Klamath and WEDNESDAY, ¥ARCH 1S, 1942 New House Office Building. Modoc Tribes and Yahoo·Skin Band of Snake Indians; to the Committee on Indian Affairs. (Legislative day of Thursday, March 5, COMMITTEE ON THE JUDICIARY By Mr. RANDOLPH: . 1942) On Saturday, March 21, 1942, at 10 H. R . 6804. A bill to amend paragraph 31 of a. m. hearings will be resumed on H. R. section 7 of the act entitled "An act making The Senate met at 12 o'clock noon, on 6444, to provide for the registration of appropriations to provide for the government the expiration of the recess. labor organizations, business and trade of the District of Columbia for the fiscal year The Chaplain, the 'Very Reverend ending June 30, 1903, and for other pur­ . associations, and so forth, before Sub­ . Z~Barney T. Phillips, D. D., offered the . committee No. 3 of the Committee on the poses," approved July 1, 1902, as amended; following prayer: ·Judiciary. The hearings will be held in fo the Committee on the District of Co­ lumbia. Heavenly Father, who art just and ·the Judiciary Committee Room, 346 By Mr. KNUTSON: House Office Building. merciful in all Thy dealings with the H. Res. 458. Resolution ordering the print­ children of men: Accept, we beseech COMMITTEE ON INTERSTATE AND FOREIGN ing as a document of the manuscript entitled Thee, our humble prayer in which we lay COMMERCE "A Digest of State Legislation of 1941"; to the Committee on Printing. before Thee our sins and our contrition, There will be a meeting of the ·com- · By Mr. BALDWIN: imploring Thy forF"~veness that, with in­ · mittee on Interstate and Foreign Com- · H. Res. 459. Resolution authorizing the tegrity of purpose, we may rise to me~t · merce at 10 a. m., Tuesday, April 14, Committee on Labor to investigate the trans­ the exigencies of another day. 1942. Business to be considered: Hear­ fer, sale, or other handling of equipment of Let every citizen of our beloved Coun­ -ings along the line of the Sanders bill, all types of the Civilian Conservation Corps; try realize that goodness is greater than : H. R. 5497, and other matters connected to the Committee on Rules. wealth, that character outweighs intel­ with the Federal Communications Com~ lect, ·and do Thou help us to return to mission. PRIVATE BILLS AND RESOLUTIONS the simplicities of virtue so absolutely Under claus_e 1 of rule XXII, essential to the reclamation of our ideals EXECUTIVE COMMUNICATIONS, ETC. Mr. LESINSKI introduced a bill (H. R. 6805) of the rectitUde of personal manhood. . Under clause 2 of rule XXIV, executive for the relief of John Damacus, whfch was · · Especially we pray for him ·who at the . communications were taken from the referred to the Committee on Immigration moment stands forth as the embodiment Speaker's table and referred as follows: and Naturalization. of hope and courage, in whose heart 1511. A letter from the Archivist of the burns the heroic flame of the martyrs, United States, transmitting a report on a list PETITIONS, ETC. that Thou wilt guard him in danger and of papers recommended to him for disposal keep him close to the heart of Thy love. by certain agencies of the Federal Govern­ Under clause 1 of rule XXII,- petitions Endue him with wisdom and insight fer ment; to the Committee on the Disposition' and· papers were laid on the Clerk's desk his great embassy as Commander of the of Executive Papers. · and referred as follows: United Forces in our sister common­ 1512. A letter from the Archivist of the 2566. By the SPEAKER: Petition of the wealth, and may the fineness of his ex­ United States, transmitting a report on a women voters of the United States, petition­ ample as· soldier and leader inspire each list of papars re.commended to him for dis­ ing consideration of their resolution with posal by certain agencies of the Federal one of us with the rapture of a high re­ reference to joint-income tax be imposed solve to be all, to do all, and to achieve Government; to the Committee on the Dis­ upon husband and wife; to the Committee on position of Executive Papers. Ways and Means. all, according to Thy will forus; through 1513. A letter from the Administrator, Fed­ 2567. By Mr. GRANT of Alabama: Petition Jesus Christ our Lord. Amen. .. eral Security Agency, transmitting the Second of C. A. Gaston, of Fairhope, Ala., submitting - Quarterly Report of the United States Com­ a plan for all-out support of all-out war; to THE JOURNAL missioner of Education on the Education and the Committee on Ways and Means. Training of Defense Workers, covering the On request of Mr. BARKLEY, and by 2568. By Mr. JENKS of New Hampshire: unanimous consent, the reading of the period beginning October 1, 1941, and ending Resolution of the New Hampshire Good Roads December 31, 1941; to the Committee on Association, urging that no increase be made Journal of the proceedings of the calen­ Expenditures in the Executive Departments. in the Federal tax on gasoline and lubricat­ dar day Tuesday, March 17, 1942, was ing oil; to the Committee on Ways and dispensed with, and the Journal was ap­ REPORTS OF COMMITTEES ON PUBLIC Means. proved. BILLS AND RESOLUTIONS 2569. By Mr. TINKHAM: Petition of sundry CALL OF THE ROLL residents of Boston, favoring House bill 1036, Under clause 2 of rule XIII, reports of - the so-called Townsend bill; to the Commit­ Mr. BARKLEY. I suggest the absence committees were delivered to · the Clerk tee on Ways and Means. of a quorum. 2618 CONGRESSIONAL RECORD~SENATE MARCH 18 The VICE PRESIDENT. The clerk PETITIONS reference and printing in the REcoRD at will call the roll. Petitions were presented and referred this point as part of my remarks. The Chief Clerk called the roll, and as indicated: There being no objection, the letter, the following Senators answered to their By Mr. AUSTIN: with the accompanying resolution, was names: A petition of sundry citizens, ladies of Hyde referred to the Committee on Commerce Aiken Gerry Overton Park, Vt., praying for the prompt enactment and ordered to be printed in the RECORD, Austin Gillette Pepper of the bill (S. 860) to provide for the com­ as follows: Bailey Glass Radclifi'e mon defense in relation to the sale of alco­ Bankhead Gufi'ey Reed ASSOCIATED INDUSTRIES OF KANSAS, INC., Barbour Gurney Reynolds holic liquors to the members of the land and Topeka, February 2, 1942. Barkley Hayden Rosier naval forces of the United States and to pro­ Senator ARTHUR CAPPER, Bilbo Herring Russell vide for the suppression of vice in the vicinity United States Senate, Bone Hill Schwartz of military camps and naval establishments; Washington, D. C. Brewster Holman Sh!pstead ordered to lie on the table. DEAR SENATOR CAPPE~t: We are enclosing, Brooks Hughes Smathers Brown Johnson, Calif. Smith By Mr. CAPPER: for your information and study, a copy of a Bulow Johnson, Colo. Spencer A petition, numerously signed, of sundry resolution which was adopted at our annual · Burton La Follette Stewart citizens of Abilene, Kans., praying for the membership meeting on January 28. Butler Langer Taft prompt enactment of the bill (S. 860) to I think this resolution expresses the senti­ Byrd Lee Thomas, Idaho provide for the common defense in relation ment of a large majority of taxpayers not Capper Lucas Thomas, Okla. Caraway McCarran Thomas, Utah to the sale of alcoholic liquors to the mem­ only in Kansas but in other States as well. Chandler McKellar Truman bers of the land and naval forces of the The sentiment seems to be very much pro­ Chavez McNary Tunnell United States and to provide for the sup­ nounced toward the elimination of all un::. Clark, Idaho Maloney Tydings pression of • vice in the vicinity of military necessary local, State, and governmental ex­ Clark, Mo. Maybank Vandenberg camps and naval establishments; ordered to penditures at the present time in order to Connally Mead VanNuys give full efi'ective attention to the war effort. Danaher Millikin Walsh lie on the table. Davis Murdock Wheeler • The curtailment of civilian production will, PROHIBITION OF LIQUOR · SALES AND no doubt, create a backlog for employment in Doxey Murray White SUPPRESSION OF VICE AROUND MILI­ Ellender Nye Willis the post-war period. It would seem that George O'Oaniel TARY CAMP8-PETITION projects, such as the ones mentioned in this Mr. BONE. Mr. President, I send to resolution, would also be a very sizable con­ Mr. BARKLEY. I announce that the tribution for that period if actually needed. Senator from New Mexico [Mr. HATCH] is the desk a petition containing the names This resolution bas been given State-wide absent from the Senate because of illness: of many residents and voters of Walla publicity in Kansas, and we invit~ your study The Senator fr6m California [Mr. Walla, in the State of Washington, pray­ and comments. DoWNEY], the. Senator from West Vir­ ing that the sale of intoxicating liquors We very much appreciate your cooperation ginia [Mr. KILGORE], and the Senator be stopped around Army camps, as pro­ on issues of a national character, and I want from Washington [Mr. WALLGREN] are vided· in Senate bill 860; and I ask that to take this opportunity to thank you for holding hearings in Western States on the petition may be received and, under your courtesy and good will. the rule, appropriately disposed oL Very truly yours, matters pertaining to national defense. GERALD GORDON, The Senator from Florida [Mr. AN­ The VICE PRESIDENT. Without ob­ Secretary-treasurer. jection, the petition presented by the DREWS] , the Senator from Nevada [Mr. Whereas the United States is at war, both BUNKER], the Senator from Rhode Island Senator from Washington will be re­ in the Atlantic and Pacific, and if this war [Mr. GREEN], the Senator. from Wyoming ceived, noted, and lie on the table. is to be won the rank and file of the Ameri­ £Mr. O'MAHONEYJ, and the Senator from RESOLUTION OF ASSOCIATED- INDUS- can people will be required to economize in New York [Mr. WAGNER] are necessarily their business and personal Ufe to the utmost TRIES OF KANSAs-ECONOMY IN NON­ degree Business in the ordinary channels absent. DEFENSE EXPENDITURES The Senator from Alabama [Mr. will cease to function as of old, and the man­ HILL], and the Senator from Arizona Mr. CAPPER. Mr. President, I ask power of the country, as well ·as the mineral unanimous consent to have printed in and other resources of the Nation, will be [Mr. McFARLAND] are detained on public drawn upon as never before in the history business . . the RECORD a letter from Mr. Gerald of the Nation to solve the manifold problems Mr. McNARY. I announce that the Gordon; secretary-treasurer of the Asso­ 'of defense; and Senator from Nebraska [Mr. NoRRIS] is ciated Industries of Kansas, with an ac­ Whereas in order to accomplish this result absent because of illness. companying resolution adopted by that and provide the necessary funds therefor an Mr. AUSTIN. The Senator from Min­ organization at its annual membership unusual, excessive, and continually increas­ nesota [Mr. BALL] is a member of the meeting in Topeka, Kans., opposing the ing system of taxation will be put into efi'ect Senate committee holding hearings - in enactment of House bill 5993, the so­ by the Government and the taxpayer will be called omnibus river and harbor bill. required to pay unheard of, excessive, and the West on matters pertaining to the monumental taxes to finance the Nation's de­ national defense and is therefore unable Specifically, the organization objects fense program; and to be present. to the proposed appropriations for con­ Whereas it is to the interest of the Gov­ The Senator from New Hampshire struction of the St. Lawrence waterway, ernment itself that the money thus raised [Mr. BRIDGES] is absent as a result of an the Florida ship canal, the Tombigbee­ be allocated solely and entirely t~ the de­ injury and illness. Tennessee Canal, and several other fending of this country at home and abroad; projects appearing under the guise of and The Senator from Massachusetts [Mr. Whereas there is a certain bill in Congress LoDGE] is necessarily absent. national defense projects, when actually they are not defense projects. at all. · known as House bill No. 5993, whil(h provides The Senator from Wisconsin [Mr. in its terms for the construction of alleged WILEY] is absent on official business. All I desire to say at the present ·time public works among which are the St. Law­ The VICE PRESIDENT. Eighty Sen­ on this matter is that I believe the ob­ rence waterway to cost $277,056,515; a Flor ~ da ators have answered to their names. A jections to this bill are perfectly. valid, canal project to cost from $198,000,000 to quorum is present. · and I believe that nearly every Member $350,000,000 depending upon the plan to be of the Congress realizes that this is no finally adopted; and would entail the annual REPORT ON EDUCATION AND TRAINING time for the passage of such "pork bar­ expenditure of approximately $20,000,000 to OF DEFENSE WORKERS rel" legislation, dragging in a number of maintain; a ·project to create a navigable stream of the Trinity River of Texas at an The VICE PRESIDENT laid before the projects so scattered over the Nation as estim1ated cost of $116,354,000; the diggin g of Senate a letter from the Administrator of to appeal to the cupidity of various sec­ the Tombigbee-Tennessee Canal and chan­ the Federal Security Agency, transmit­ tions to enlist support for the proposed nels at the estimated amount of $75,000,000; ting, pursuant to law, the second quar­ measure. the digging of a 9-foot channel in the Coosa­ terly report of the United States Com­ Some of these projects may have merit Alabama River from its source at Rome, Ga., missioner of Education on the education as part of a post-war public works pro­ to the Mobile River for which the sum of and training of defense workers, covering gram, but they certainly are not justi-­ $65,000,000 is provided as a starter; the dig­ ging of a 12-foot channel in the Connecticut the period beginning October 1, 1941, and fied at the present time when appropri­ River from Hartford to Holyoke, a distance of ended December 3~, 1941, which, with the ations for nondefe;nse purposes should be 32% miles, with a power dam at Infield, at accompanying report, was referred to the pared to the bone. I send the letter and an estimated cost ·of $13,094,000, and an an­ Committee on Education and Labor. resolution to the desk for appropriate nual qpkeep cost of $696,900, and our Con- 1942 CONGRESSIONAL RECORD-SENATE 2619 gressmen and Senators are being asked. to aviation pilot (airship), and for other pur­ the majority leader that I would pro­ enact this bill into law, and provide for the poses; to the Committee on Naval Affairs. ceed today. Many inquiries were made expenditure of these stupendous sums of By Mr. CHANDLER: of me yesterday as to what happened to money upon purely peacetime projects when S. 2383. A bill to relieve the State of Ken­ our country needs every ounce of manpower tucky from liability on account of certain the Langer seating. My reply was that and every bit of steel, iron, and other neces­ property issued to the Kentucky National nothing was done so far as the Langer sary war materials to properly defend this Guard; to the Committee on Military Affairs. seating was concerned, but I certainly country; and By Mr. REYNOLDS: was seated for the afternoon. [Laugh­ Whereas none of these projects contained s. 2384. A bill to authorize the reinstate­ ter.] If the Senator from Oklahoma in­ in this bill could be completed or made ef­ ment of Joe Causey as a member of the tends to occupy the floor for only a few fective or usable for many years in the future, Metropolitan Police force of the District of minutes, I shall be glad to yield. and in nowise constitute defense measures, Columbia; to the Committee on the District Mr. LEE. Mr. President, the Chair­ but will undoubtedly embarrass the taxpayers of Columbia. and liberty-loving citizens of this country By Mr. THOMAS of Oklahoma: man of the War Production Board, Mr. and make it more difficult to raise funds with S. 2385 (by request). A bill to provide for Donald Nelson, performed a great serv­ Which to carry on the war: the probate and distribution of restricted ice when he told the Nation that produc­ Now, therefore, the Associated Industries estates not exceeding $2,500 in value of de-• tion can be doubled, but I still insist that of Kansas, in regular annual meeting assem­ . ceased Indians of the Five Civilized Tribes in Mr. Nelson should make a recommenda­ bled in the office of the association in Topeka, Oklahoma; to the Committee on Indian tion to Congress for legislation that Kans., on J anuary 28, 1942, does hereby pub­ Affairs. licly express their disapproval of and their would speed production. objsction to House bill No . 5993 and all of the ADDRESS BY HON. JAMES A. FARLEY If Mr. Nelson will do that, I believe provisions therein contained, and denounce BEFORE FRIENDLY SONS OF ST. Congress will pass such a measure in the sam e as being uncalled for and unwar­ PATRICK record time, but unless Mr. Nelson throws ranted at this time and as dangerous to the' the support of his powerful· office back carrying out of proper defense plans for this [Mr. GUFFEY asked and obtained leave of legislation to speed· up production it country. to have printed in the RECORD an address delivered by Hon. James A. Farley before the is difficult to secure quick action, beca~se We call upon our Congressmen in the Na­ people are divided as to what type of tional House of Representatives and our Friendly Sons of St. Patrick in Philadelphia, Senators in the Senate of the United States Pa., on March 17, 1942, which appears i.n the legislation would best accomplish the and all others who may have votes upon this Appendix.) purpose desired. Mr. Nelson is in a po­ important piece of legislation to oppose 1t ADDRESS BY SENATOR MEAD BEFORE sition to know what ·measures would ac- · to the fullest extent of their abilities as being SCHOOL OF ENGINEERING, MANHATTAN complish the purpose. Therefore, a unpatriotic, extravagant, needless, and COLLEGE recommendation from him to Congress unjustifiable; and be it further would result in immediate passage. Resolved, That copies of this resolution be [Mr. MEAD asked and obtained leave to Mr. President, one of the main planks by the secretary of this association for­ have pririted in the RECORD an address deliv­ warded to our Members of Congress and our ered by him at the golden jubilee commun­ in my campaign platform was to take two Senators for their information without ion breakfast of the school of engineering, the profits out of war. I am more con­ delay. Manhattan Colleg... , N.Y., on March 15, 1942, vinced today than ever before that that REPORT OF A COMMITTEE which appears in the Appendix.) · is necessary. The thing that has hindered our pro­ Mr. WALSH, from the Committee on ADDRESS BY JUSTICE BYRNES BEFORE FRIENDLY SONS OF ST. PATRICK duction program from the very beginning Naval Affairs, to which was referred the has been the policy of holding on to the bill (H. R. 6440) to authorize the renewal [Mr. LA FOLLETTE asked and obtained profit system under a war situation. of the lease of the old naval hospital in leave to have printed in tr.e RECORD an ad­ That was the system followed during our the District of Columbia for an additional dress delivered by Hon. James Francis Byrnes, Associate Justice of the tmited States Su­ pre-war defense effort. Those in charge period of 15 years, reported it without preme Court, before the Friendly Sons of St. of production were trying to get produc­ amendment and submitted a report

There is a difference ·between repeaiing of war materials. I urge the commit- ' CUERO, TEx.~ March 17, 1942. a law and suspending it for the duration tees in charge of the bills which are in:. Senator W. LEE O'DANIEL, of the war. There are many, rights and tended to speed up war production to Washington, D. C.: Cuero people Unanimously demanding more privileges which we would die for to pre­ use their best efforts to bring the bills aggressive defense activities and more mili­ serve in peacetimes that we voluntarily to the floor of the Senate at the earliest tant measures, such as- immediately placing surrender during war. We are fighting possible date. production on 24-hour basis and removing for the freedom of the press, but it has There being no objection, the tele­ 40-hour labor limit. Our citizens cooperat­ long been established that the Govern­ grams were ordered to be printed in the ing by furnishing defense funds and valiant ment has power to censor the news­ RECORD, as f_ollows: sons, and urgently request that Washington papers, and even today the newspaper_s carry forward all our program. STAMFORD, TEx., March 18, 1942. CUERO CHAMBER OF COMMERCE. are operating under a voluntary censor­ Han. W. LEE O'DANIEL, ship. Senator from Texas, ~he right o: freedom of the press was Washington, D . C.: DALLAS, TEx., March 17, 1942. denied during the World War and at Urge immediate action on legislation to Senator W. LEE O'DANIEL: suspend time-and-one-half and double-pay Forget 40 hours. Let's get going. Action, least one person sent to the penitentiary provisions of labor contracts for duration of action, more action. for printing and circulatir_g handbills: war, limit profits on defense work at reason­ A. J. WILLIAMS, When a soldier is drafted into the serv­ able levels, abolish Agricultural Adjustment Dallas Foundry. ice of his country, he surrenders his right Administration program and prevent further to free speech, ·his right to free press, his advances in agricultural products, and raise DALLAS, TEX., March 17, 1942. liberty; he surrenders his right under needed revenues with a. sales tax. Senator W. LEE O'DANIEL: the thirteenth amendment, which guar­ BARTLETT HOLLAND. To hell with Japan and strikers on defense antees that "involuntary servitude shall E. F. PRICHARD. works and 40-hour week. not exist in the United States," and in HUGH B. WILLIAMS. thousands of cases he gives up his right DALLAS, TEx., March 17, 1942. to life' itself. Therefore, it is idle to op­ Hon. Senator LEE O'DANIEL, KARNES CITY, TEX., March 17, 1942. pose an all-out program because it in­ Washington, D. C.: Hon. W. LEE O'DANIEL, Congress should stop coddling labor and United States Senator: volves certain hardships upon civilians. losing the war. I am in favor of open shop The time has come when. the people expect The war must be won. We cannot dally and the abolition of 40-hour week and extra and demand an all-out effort in this war. At with the issues of death. pay. home we are. without murmur, buying our I now wish.:.to quote r.. few lines from a BEDFORD 8HELMIRE, M. D. bonds and stamps and paying our taxes. We minister of the Gospel in Oklahoma City: request you to do all in your power to in­ augurate and support all legislation that wiJl The forty-third man from my church is ALTO, TEx., March 17, 1942. leaving today. These boys are in Iceland Hon. W. LEE O'DANIEL, · outlaw any form of strikes in defense indus.­ tries and the relaxation or abolishment of and Panama. Some of them were through United States Senator from Texas: limitations of the 40-hour week. From here the battle of Java and are now in Australia. It is the unanimous opinion this club that They are officers, privates, noncoms, and you take immediate action abolishing 40-hour it appears that winning this war is now the in all divisions of the service. I look at their week and adopt the "work or fight" policy primary task and all else fs secondary, in­ cluding corporation profits, farm blocs, busi­ mothers and fathers everytime I stand in and enact effective legislation outlawing m:r pulpit. There I see one little mother and strikes in war industries. ness as usual, high union fees, and lobbyists. father who have a son with MacArthur at ALTO LIONS CLUB'. KARNES CITY (TEx.) Bataan, from whom they have never had a CHAMBEr. OF COMMERCE . . word. I can hardly look in their. direction at DENTON, TEx., March 17, 1942. church without tears. They live in mortal w. LEE O'DANIEL, SAN ANTONIO, TEx., Mqrch 17, 1942. suspense. It is hard for them to accept. rea­ Care Senate: Senator LEE O'DANIEL: sonable propositions when they ask "Why At a meeting of the directors of the Denton, Repeal 40-hour law. Si>onsor anything to isn't something done to relieve the boys out Tex., Chamber of Commerce held March 16, speed production. tHere?" 1942, it was unanimously agreed that indus­ E. M. SEVENS, trial and labor conditions of the United President, San Antonio Association Let those who feel that it works a hard­ States require immediate legislation in order of Automobile Finance Companies. ship on industry to be required to build to speed up production of war needs; and bombers without a profit explain that Whereas the 40-h_our week has. not justified hardship to this mother and father. Let President Franklin D Roosevelt's statement LoNGVIEW, TEx., March 17, 1942. those who feel that the suspension of or hopes that the United States be the arsenal Senator W. LEE. O'DANIEL, for democracy. we urge that the 40'-hour week Washington, D. C.: some of their peacetime rights and privi­ be abolished by act of Congress; and Donald Nelson's radio address tonight leges will work an inconvenience to them Whereas strikes for more than a year have sounds good, but it is still necessary to pay explain that inconvenience to these par­ impeded ptoduction of necessary war equip­ tribute to a labor union in order to get a job ents. Let those who insist on a cost-plus ment, it is insisted by this body that labor or on a defense project. Texas people are sick 10-percent profit explain their right to industry which refuses to function for the of pecksmiffi.an r.ighteousness. that profit to the shell-shocked, the best interest of. the allied nations should be J. N. SAYE. maimed, the blind, and the crippled boys immediately inducted into the fighting who will come back from this war. forces; and HOUSTON, TEX., March 18, 1942. Whereas at present a workman in order to Senator W. LEE O'DANIEL, Mr. President, my ·program is what­ get work in many of the war production fac­ Washington, D. C.: ever it takes we are going to produce tories is compelled to join a union, it is rec­ It is the desire of Eastwood Men's Club and send to the battle fronts, no matter ommended that closed shops be made un­ that Congress pass suitable· laws to destroy what sacrifice has to be made to do it, lawful: Now, be it the methods used to block production or and there is going to be no comprise with Resolved, That we respectfully urge Mem­ hinder or delay construction of war mate­ anyone on this program. bers of Congress and President Franklin D. rials vital to the protection of our American Roosevelt to give immediate support to the standard of life. Such action should be LABOR. AND WAR PRODUCTION · enactment of such remediallegjslation. taken immediately. W. C. ORR, EASTWOOD MEN'S CLUB, Mr. O'DANIEL. Mr. President, with President, Chamber of Commerce. the permission of the Senator from Utah C. G. GamBLE, Chairman. [Mr. MURDOCK], I ask unanimous con­ HOUSTON, TEX., March 17, 1942. sent to have printed in the RECORD at Senator O'DANIEL, EDINBURG, TEx., March 18, 1942. this point in my remarks some of the Washington, D. C.: Hon. W. LEE O'DANIEL, telegrams which I have received from The ·53 members of the Houston Executive Senator, Capitol Station, Association unanimously approved this morn­ Washington, D. C.: sincere, honest, patriotic citizens mak­ ing your stand with reference to organized We want action. Why TlOt freeze all em­ ing suggestions for legislation which labor being required to make concessions to ployer-employee relation and kill all labor they believe should be enacted by the the national war effort, Keep up the good dispute for duration. Raise 40-hour restric­ Congress, and urging the Congress to do work. We are all behind you. tion and give all-out aid to war production. something -to speed up the production HOUSTON EXEcUTIVE ASSOCIATION. EDINBURG CHAMBER COMMERCE. LXXXVIII--165 2622 CONGRESSIONJ\L RECORD-SENATE MARCH 18 SAN ANTONIO, TEX., March 17, 1942. eyes of Texas are on their representatives in not clearly expressing the will of the people. Senator W. LEE O'DANIEL, Washington: · There is too much talk and too little real Washington, D. C.: R.I. PAYNE. statesmanship and sane action to accom­ Please support the Smith bill. plish what all concede is the paramount is­ J. W. GORMAN. TYLER, TEX., March 18, 1942. sue 'Win this war.' This is no time for po­ Han. W. LEE O'DANIEL, litical fences, political trades, and social re­ BEAUMONT, TEX., March 18, 1942. Washington, D. C.: forms. If we lose this war, what good are w. LEE O'DANIEL, Both of us have brothers in the Army, and politics or our social reform? It is Wash­ Washington, D. C.: they are working full time. We demand and ington's job to state plainly the feelings and The same interests that destroyed the know you will use every effort to accomplish . beliefs of the people, and we believe the people economic opportunities of this country are the following: Suspension of the 40-hour want immediate action that will insure re­ running the war. Unless chain-store and week and overtime for the duration. And sults. Each elected servant should devote monopoly stool pigeons and labor racketeers why should any American have to pay some 100 percent of his time and energy to winning are gotten rid of you are not going to win. labor racketeer mane~ to work in defense this war. To assure this we demand that c. M. MABRY. plants in the United States? legislation to accomplish these six things be Mr. and Mrs. MANER GRAHAM. enacted by April 1 : "1. Work or fight. CRYSTAL CITY, TEX ., March 18, 1942. "2. Open shop and no strikes. Senator W. LEE O'DANIEL, DALLAS, TEX., March 18, 1942. "3. No profiteering. Senate Chamber, Washington, D. C.: Messrs. LEE O'DANIEL, ToM CoNNALLY, HAT­ "4. Eliminate 40-hour week. We decided today at regular meeting to let TON W. SUMNERS, "5. No labor racketeering. our representatives in Washington know that Washington Office, Washington, D. C.: "6. Definite wage control. we approve of more definite constructive Dallas wants no recess in Congress; no "We are ready and willing to accept any sac­ action in this crisis by eliminating some of congressional sit-down strikes. Dallas wants rifices to win this war, but an awakened Con­ the national sores apparently· on the body record of all votes. gress must see that the proper machinery is politic. We would like to see the 40-hour DALLAS COMMITTEE OF INVESTIGATION. put into action at once to accomplish this. week eliminated, strikes abolished, wages Our public servants must be more concerned fixed; prices fixed, profits eliminated, and HOUSTON, TEX., March 18, 1942. about Jap gains than social gains. They a definite order to go ahead in all defense · must place the safety of our Nation above the industry, .and stop so much talk, and get Senator W. LEE · O'DANIEL: All strikes and overtime should be abol­ safety of their political future. down to action. If necessary, conscript all "Each Member of the Texas delegation ls manpower, capital, but, above all, arm the ished during war. LLOYD P. WEBRE. called upon to answer immediately with a Army and Navy and let's get something done positive statement of his intentions. that will contribute more to success than "E. B. Moody, president; Clark C. Camp­ has been done. Maybe you say why don't RUSK, TEX., March 18, 1942. Han. W. LEE O'DANIEL, bell; Dennis W . Macken; J . R. Al­ we do something. You tell us. We are len; Huron W. Mills; J. E. Harrison; ready. United States Senator, Washington, D. C.: E. J. St. John; E. G . Kingsbery; ALL MEMBERS OF CRYSTAL A. B. Spires; T . ·B. Warden; W. F . CITY ROTARY CLUB. Unanimous actions by resolutions this post that you repeal 40-hour workweek; adopt McNamara; Jim Navy; James J work or fight policy; enact legislation pre- , O'Brien, C. S.C.; George C. Quirin; EDINBURG, TEX., March 18, 1942. · vent strikes war industries. V. P. Patterson; Thurlow B. Weed: Senator W. LEE O'DANIEL, COLEMAN ISGATE POST, 293, G. F . Thornhill; J. L. Rose; John H WashingtonJ D. C.: AMERICAN LEGION. Fredericvtez.'' The one objective of loyal Americans is to win this war. Anything that hinders or in- · TYLER, TEX., March 18, 1942. SHERMAN, TEX., March 17, 1942. terferes with it should be removed by what­ Han. W. LEE O'DANIEL, ever action is necessary. Edinburg citizens Han . .W. LEE O'DANIEL,. Washington, D. C.: United States Senator, in mass meeting assembled urge repeal of the Washington, D. C.: 40-hour law for duration of war in all defense Suspend 40-hour workweek and overtime and double time. Abolish strikes. completely W.e earnestly urge immediate action com­ - industries, enactment of legislation to out­ pelling every group, firm, and individual to law strikes in those industries, and sp.eeding and entirely stop unions from collecting a fee for the privilege of working on defense cooperate in all-out war.production witly>ut up by all possible means production of arma- • hour-and-wage limitations for the duration. ments and supplies needed to speedily accom­ jobs. R. L. WooD. Present crisis demands continuous operation plish this objective. This message is respect­ 24-hour day and 7 days every week. fully sent after hearing President's comment Board of Directors, Sherman Chamber EL PASO, T~., March 18, 1942. on situation today. We do not believe we of Co_mmerce: J. Tip Newell, J. B are misinformed about the fundamentals in­ The Honorable W. LEE O'DANIEL, Senate Office Building, Knight, L. H. Young, Floyd Wal­ volved or the imperative necessities of the lace. A. G . Hopkins, Carroll E situation·. • Washington, D . C.: We dm and must win this war. Impera­ Wood, Harry Hudgins, J. Newell Sm L. HARDIN, Chairman. Huston. Jess M. Totten, Frank P . A. A. ALDRICH, Mayor. tive that we brush away every obstacle im­ peding or slowing down necessary war pro ~ Vogt, J. C. Durham, J. A. Alexander. · duction facilities. Those in authority should H. G. Tuck. E. B. Chapman. EDINBURG, TEX., March 18, 1942. commandeer industry and labor alike, limit Senator. w . LEE O'DANIEL, profits to industry ' and business in general, EDINBURG, TEX .. March 18, 1942. Washington, D. C.: suspend hour-and-wage provisions. and for­ Hon. W . LEE O'DANIEL, Stop strikes, draft labor and capital, put bid strikes for duration. Put a ceiling price Senate Office Bu,ilding, strikers on the front lines of our Army at on farm products from producers to middle­ · . Washington, D . C.: $21 per month. Our boys don't fight 8 hours man and ultimate consumer. Defeat any Your talks appealing to mothers and all per day and quit in the middle of a battle and all legislation for expenditures for non­ other patriotic citizens. Keep it up. because their time is up. No overtime pay war purposes. Reduce all nonwar agencies B. F. McKEE. for them. We Texans are getting mad and to minimum requirements or close activities can raise an army of 1,000,000 men to handle during emergency. · Let's clear our decks for EL PASO, TEX., March 18, 1942. strikers if necessary. This is no time for ruthless war and get tough. Han. W. LEE O'DANIEL, pussyfooting around. Southwestern Wholesalers Distributors Senate of Uniterc States, W. P. SMITH. Association; Zork Hardware Co.;· Washington, D . C.: Darbyshire Harvie Iron & Ma­ As group receiving daily calls to service we DALLAS, TEX., March 17, 1942. chine Co.; Crane O'Fallon Co.; E. demand similar call to labor and· capital. Senator W. LEE O'DANIEL, Meagher, manager, El Paso branch, Twenty-four hour days and 7-day weeks· in Senate Building, American Rad. & Std. Sanitary Cor­ _ Army must be matched by defense indus­ Washington, D. C.: poration; Mine & Smelter Supply try. We call on Senators tc sacrifice too. Have talked with dozens of people all walks Co.; Momsen Dunnegan Ryan Co. Lives for votes. How about it? Answer of life past several days, and without excep­ Postal Telegraph. tion all demanding Congress and adminis- AUSTIN, TEX. ACTION COMMITTEE, - tration take immediate steps speed up defense Han. W. LEE O'DANIEL, EL PASO JUNIOR CHAMBER OF COMMERCE. production by outlawing strikes, eliminating Washington, D. C.: 40-hour week, and curtailing profits. If such This is a copy of the action of the board of· WESLACO, TEA ., March 18, 1942. legislation is speedily enacted, it will do more directors of the Austin Chamber of Commerce Senator W. LEE O'DANlEL, to uplift morale of people and give them con­ taken March 16, 1942. . . Washington, D. C.: fidence in Government than anything else. "It is our firm belief that many of the MacArthur· and h '.s men have no 40-hour If not, the opposite effect will result. The elected servants of 130,000,000 Americans are week. Why should labor? We expect you as ' . 1942 CONGRESSIONAL RECORD-SENATE 2623 our Senator to support any measure that will Clyde M. Allen; F. Fromme; D. A. ltves. Don't beg industry and labor, tell them insure sufficient war equipment to support Barber; Max Cornelius; Otis West; · what to do, like you command our loved ones our fighting men. We are fed up on labor J. C. Chandler, D. D.; Robert Eck­ in un~form to march into the jaws of death. dic~atorship and other selfish pressure groups hardt, merchant; Charles H. Flato Be our leaders--good ones. Act now. in Washington· delaying the war effort for 3d, hardware -merchant; C. C. . W. A. SEEGER. their own greed. Weller, druggist; ·li, T. Collins, WESr.:ACO LIONS CLUB. banker; M. A. Smith, Jr., ban.ker; TYLER, TEx., March 18, 1942. Mrs . .r. A. Demauri, Jr.; J : B. Otto; Senator W. LEE O'DANIEL, G. M. Patton; Hill Reese; H. B. Washington, D. C.: WESLACO, TEx., March 18, 1942. Hollyfield; Tom Talty; R. C. Dur­ Senator W . .LEE O'DANIEL, . Urge your immediate support in repeal of ham, Edwards Food Store; F. R. the 40-hour-week law and that all defense Washington, D. C.: Kirk, engineer; J. S. Cage; R. K. Forty-hour workweek peacetime measure plants be placed on 24-hour day, 7 days a inappropriate under .war conditions. UI"ge Cumberland, farmer; Rex Wright, week, and making . it a criminal offense for groceryman; Pauline W. Jester, your influence to assure continuous produc­ anyone to strike in defense work for duration teacher; Marion Chandler, banker; tion in war industries. All out for victory. of war. WESLACO BUSINESS AND Joe B. Waldman, _merchant; Mrs. A. J. HARRIS. Mae Demauri; R. W. Jennings; PROFESSIONAL WOMEN'S CLUB. manager Cage Hardware and Im­ plement Co.; G. C. Ellis, druggist; SPUR·, TEX., March 17, 1942. BROWN'SVILLE, TEX., March 17, 1942. Hon. W. LEE O'DANmL, Hon. W. LEE O'DAmEL, Paul M. Riley, professor A. and I. College; W. A. Donaldson, locomo­ United States Senator, United States Senate, Washington, D. C.: Washington, D. C.: tive engineer; B .. B. Woodall, loco­ motive engineer; H. M. McCormick, We respectfully urge that you continue your Reqm:st you support Smith-Vinson anti­ fight for longer hours for labor, make provi­ strike bill without any devitalizing amend­ merchant; N. M. Harrell, druggist; F. C. Johnson, district manager, sions .for induction into the Army for strikers, ments. and require more cooperation from industry. Jo:.:;. C. JORDAN. Weisman Jewelry Co.; J. J . Weis­ man; J·. H. Weisman; Christ These are the sentiments of our entire county. George; G. A. Haag; W. T. Mathis, M. H. BARNNEN, DALLAS, TEX., March 17, 1942. county commissioner; Raleigh County Democratic Executive Committee. Senator W. LEE O'DAN!EL, Colston, insurance; W. G. Eubanks, Washington, D. C.: ·engineer; John D. Finnegan; Dr. This is the time for an all-out effort and SAN ANTONIO, TEX., March 18, 1942. Houston. Brown; Caesar Kleberg; Senator W. LEE O'DANIEL: sacrifice by every patriotic American. We be­ J. C Yeary; Chamber of Commerce, lieve it is .your duty to foster repeal ot the. Information desired by defense chairman Kingsville, by E B. Erard; Alex J. for State conference, Texas Daughters Ameri­ 40-hour week and antistrike legislation for Anderson, boilermaker and welder; the duration immediately. Our fighting men can Revolution, as voting citizens, mothers, M. C. Reese, chairman pro tempore and wives or soldiers as to proper committees need war materials right now, not 6 months Locomotive Engineers. off. Increased taxation will take care of ex­ in Congress with names of chairmen and cess profits. Put your support· behind these other keymen who should be telegraphed for movements. TYLER, TEX. 1 March 18, 1942. action in f?ecuring suspension of 40-hour OTTO HEROLD. Senator W. LEE O'DANIEL, workweek and passage of legislation insuring ALVIN HEROLD. . . Washington, D. C.: continuous- capacity production in war plants Attended mass meeting Smith Courity to­ for duration. Will deeply appreciate favor if LAREDO, TEX., March 17, 1942. night. I am 100 percent behind resolutions you will kindly furnish thls information. Senator W. LEE O'DANIEL, adopted. We want action now, not later. Wire· collect. , Washington, D. C.: Let us hear from you. MRs. D.P. GERMANE, T. L. JOHNSON. State Defense Chairman, We are now engage~ in a war that demands full-time duty for everyone. The Laredo· Daughters of the American Revolution. Lions Club feels that 40-hour week should be DALLAS, TEx., March 17, 1942. abolished and ·every opportunity given busi­ Senator W. LEE O'DANmL, SHER~AN, TEx .. March 17, 1942. ness and labor to work night and day to win Senate Building, Washington, D. C.: Han. W. LEE O'DANIEL, this war. Labor is just as necessary as serv­ We are all employed in the home office of a Senate Chamber, Washington, D. C.: ice on the front and men in uniform do not theater organ_izatioii and well know the value We demand immediate legislation and ac­ fight by the hour. We must realize our posi­ of this form of amusement to public in times tion: To outlaw all labor strikes. To forbid tion.. Remove all restrictions. Stop e.rgu­ such as these. We are not jn the busine'ls overtiJne on Sundays and holidays. To elimi­ ments and have some action. of manufacturing vital defense materials, but nate the 40-hour week. To place industry on LAREDO LIONS CLUB. if we were. certainly would not jeopardize our 24 hours a day, 7 days a week production. country's chances by participating in strikes. To place· a ceiling on all wages and prices. or insisting that a 40-hour week continue. To have government · crack down on all . WACO, TEx., Ma1"ch 17, 1942. We look to you, our Representatives· in Wash­ Senator· W. LEE O'DANIEL, business-as-usual individuals, industries, and ington, to do everything . in your power to organizations, and force complete mobiliza­ Washington, D. C.: enact legislation to outlaw all strikes and We. respectfully request that · immediate tion of all our forces and resources to- win eliminate the 40-hour week. De~p 1n the steps be taken to abolish the wage-and-hour this struggle. To force all politicians to place hearts of we girls, deep in the heart of Texas, the interests pf the Nation above all selfish law ·and to see that all factories working on is a sincere prayer that you will take action. defense program are immediately put on a desires. - This is war. Our men are being Mollie M. Warner, Lillian Skrehot, killed. We had rather be regimented freemen 24 hour basis. Sentiment of all the mothers ~ 7 Blanche B. Boyle, Lee Roy Caffo, for the duration and win the peace for our and fathers is that immediate steps should Edna Leonard, Margaret Morris, be taken.· · children than be .slaves of totalitarianism .. Dorothy Johns, Florence Hugh·~s. Sam Bates, J. C. Teat, C. W. Neyhard, Sherman Rotary Club: J. A. Alexander, Thelma Seaton, Frances McClinton, Earl Altman, Carey Anderson, John W. E. Shankle, W. M. Kirkpatrick, . Marilyn Bragg. E. R. Rickey, Robert. M. Gorham. W. Bailey, Virgil Baker, James J. W. Simpson, M. L. Banda, B. M. Binkley, Paul Bimmerman, W. J. Busy, J. H. Lawless, Dave Termin, TYLER, TEx., March 18, 1942. Carpenter, A: Y. Creager, Chas. Senator W. LEE O'DANIEL, Calhoun, John C. Daniel, Bryon H. B. Posey, S. E. Powers, J. F. Davis, Joe Dodson, W. S. Dorset, Connor. Washington, D. C.: Urge repe~l 40-hour week. Ask legislation Basel Delaney, Joe Durning, Carl 24-hour day, 7-day week production war ma­ Enloe, Will H. Evans, Mordaunt KINGSVILLE, TEX., March 18, 1942. terial, penal offense labor striking defense Everheart, James A. Fant, A. Fer­ Senator W. LEE O'DANIEL, plant. Immediate action expected. nandez, W. J. Folley, Leon Foshee, Washington, D. C.: M. B. RUDMAN. · James R. Grady, Levis Hall, Jr., Undersigned request you favor and urge E. M. Hampton, Lofton Hendrick, passage of legislation immediately to suspend Arthur _Hopkins, Nolan Jackson, 40-hour wage law, prohibit strikes in defense BoRGER, TEx., March 17, 1942: Joe A. Keith, Herman Klapproth, industries, and limitation of war profits. We Hon. W. LEE O'DANmL, A. Kubala, Geo. Livingston, Henry feel boys fighting at front for $21 per month Senate Office Building, Lee Lawrence, Barney McLean, need the unqualified support of everyone at Wasliington, D. C.: W. J. McGee, Jack McGee, H. L. home. Mothers, fathers, wives of Hutchinson­ McLean, L. L. McCruthin, John T. Ben F. Wilson, county judge; J. C. County men in service want full_ industrial Nan, Tip Newell, John H. Perry, Nolan, mayor; J. H. Kidd, Jr., defense production immediately. It's up to. R. G. Piner, E. H. Powell, Stanley courity attorney; Gus L. Kowalski, you, our leaders, to show the same courage Roberts, Sr., Stanley Roberts, Jr., attorney; E. W. House, banker; and resourcefulness and unselfish devotion to Virge! Ryan, C. W. Scheurer, A. L. Kleberg, city commissioner; duty as the_men and women who o1Ier their Walter Seale, Sam H. Shutt, John 2624 CONGRESSIONAL RECORD_:_SENATE MARCH 18 H. Sicks, Pail Gordon, Silas Lee . urge that this is of paramount importance, and bickerings between industry and labor Simmons, Jack Smith, Bob Steak­ and no consideration of any sort should stand employed on defense contracts. We want ley, Cobel Strothers, W. W. Simp­ in the way of immediate passage and en­ action and want it now. . . son, Frank Thompson, Jim Tong, forcement of such legislation. We believe KlwANI3 CLUB OF .GALVESTON. E. B. Tucker, S. P. Tucker, C. E. the people of this section are in no mood to Vandemark, Frank Vogt, Floyd · accept any reason or excuse if the Congress TYLER, TEx.,· March 18, 1942. Wallace, Geo. Wear, Max -R . Wood­ · does not appreciate the national peril suffi­ w. LEE O'DANIEL, ward, Sam Wolfe. ciently to brush aside opposition of selfish Washington, D. C.: . groups who oppose such action. We want Utge legislation·to speed production. Lives . the machines producing war materials run-. SAN ANTONIO , TEx., March 17, 1942. and liberty more important than group am­ ning 24 hours a day. This action came by bitions and profits. Forty hours, idle plants, Senator W. LEE O'DANIEL, ' spontaneous suggestion from the membership. Washington, D . C. : and racketeering criminal. without any suggestion from the officers or LESLIE NEILL. Congressional inactivity is disgusting Tex­ directors of this association. The purpose ans. War-aid measures are dormant in the of this message is to give you the sentiment Senate without justifiable excuse. The in­ of approximately 1,100 citizens employed in LLANO, TEx., March 17, 1942. terests of groups, you know, are receivi~g the firms represented at this meeting. . Senator W. L. O'DANIEL, more consideration than the business of the A. D. Langham, Claxton A, Iiams, J. T. Washington, D . c.: people. Big spending' of money and slapping CJJ.rson, Mrs. Margaret Cliristy, People here indignant over failure of Con­ of business in tr ~ face will not win the war. Miss Una Hooper, w: 0. Woods, gress to discharge ·patriotic duty of support­ You have the leadership to become tellingly Wilbur T . Smith, Jno. R. Young, ing legislation immediately to outlaw stJ:ikes aggressive. We beg you to throw yourself A. L. ·Vetrano, Mrs. Ala Bonner, in defense ·industries and suspend 40-hour into. the fight as when you sold flour. Whole Curtis Knobelsdorf, Robert Gart­ week for duration, also adequately dealing Texas . will back you up. ner, Jr., Willie Tucker, W. Tucker with labor racketeers. Patience of civilian JES F. WOLFE, Blaine, W. B. Ruth, Mrs. W. W. population ~s exhaustep and your mandate is President, Southwestern Seating Co. Bland, John G. Jones, D. L. An­ clear. Unless condition changed at once, we derson, Mrs . . Vera L. McCartney, believe pe'ople are approaching stage of revolt, Annette Fraser Baker, R. H. Bran- · and action alone, not words, can relieve tense SAN MARCOS, TEX., March 17, 1942. situation. · Senator W. LEE O'DANIEL, ham, Geo. W. Dorrance, Russel Lee Jacobe, Roy D. Montgomery,_ Wilburn Oatman, Jr., president, Llano Senator ToM CoNNALLY, Lions Club; Bill S. Watkins, sec­ Washington, D. C.: W. M. Denton, Rufus Cage, A. M. Tomforde, M. M. -Schwartz, Tom retary; (Roster) · Members Llano We solemnly pledge that we will refuse to Lions .Club: T. J. Watkins, mayor, vote for the reelection of any United States Godfrey, C. R. Yanch, Bill Urban, Senator or Congressman who does not con- Mrs. M. R. Bunch, Mrs. Phil H. city of Llano; H . J. Hoerster, presi­ . sistently vote for a law outlawing all strikes Arbuckle, Evander Ammons. Mrs . dent, chamber of commerce; Andy E. Ammons, A. M. Gideon, E. P. P . Box, county judge; Will Collins; in every· defense industry and who does not A. H: Winkle; Carl Garner; M. C. vote to abolish the 40-hour week in defense Gregg, W. J. Gebhard, W. C. Frank, J. A. Brackney, Geo. M. Fleet, ·Da.lchau; Bailey Ratliff; A. C. Bow­ industries for the duration. man; C. C. Ashley; Miles Buttery; Tom Sumners, Ford dealer; Addison H. J. Heath, Raymond S. Mauk, Buckner, publisher; Walter Buck­ ·J .. Lee Quillen,. George Godine, C. E. Bishop; J A. Mayes; Spencer ner, publisher; C. H. Clayburn, Price K. Johnson, F. W. Dreyer, ·Weber; Orville Buttery; R. L. C. 0. Flint. Emmett D. Seale, Mrs. - Shepperd; Otto Holtzer; J. C. Jones; laundryman; J. A. Younger, cafe; J . Whigham; John Cummins; .Charles Brown, publisher; Bert Dan J , Morse, John W. Daniel, c. J. H. Murray, Frank N. Godon, . A. G. Macy; L. L. Bruhl; C. L. Tay­ Miller, druggist; W. Ryan, J?odge­ · lar; John L. Watkins; Van Spinks; Plymouth; Frank Zimmerman, .Keith Collier. Ed Beular. L. ·o. Jarrell, Morris J. Strong, J.ohn D. Culiie · Carter; R. P . McWilliams; theater. Jones, W. L. Thaxton, Val Dawson,1 · C. · V. Robinson; L. H. Baldwin; Louise Pr.a ter. Ben A. Calhoun, Leroy Lange; T. J. Moore; F. M. WINNSBORO, TEX., March 17, 1942. John B. Williams, W D. C. Lucy, · Cassiday; H. G. Wallace; Irvin Senator W. LEE O'DANfEL, Ethel Tucker, Miss Opal Bunting, Saltzman; N. A. Sanders; Leo Washington, D. C.: Floyd· E. Ford, R. M. Blaine, Joe Benorden; Thomas M. Spencer; yv. We, the members of the Rotary Club of McDonald, J . M. Lev.i. Carle 4der­ W. Hart; Dick Williamson; and G. Winnsboro, Tex., wish · to inform you of the' man, Mrs. M. Gillian, Malcolm S. T. Dono. · rising tide of impatience, amazement, and McCorquodale, J . Hayden Young; . indignation against the delay and inaction J. F. Nowlin, R. G. Waters. J . G. WACO, TEX ., March 18, 1942. of our President, Senators, and Repr.esenta-: Levey, R. E. L. Leiper, H. ·P . Cab­ Han. W. LEE O'DANIEL, · . tives. We demand prompt action. We are ness, Bill Potter. Washington, D. C.: more concerned about getting supplies to our . The people of this area recognize the terri­ brave boys on the firing lines than iii pre­ fying fact .that America has thus far lost ·the serving ·the social gains of any preferred group · HENRIETTA, TEX,, March 18, 1942. Senator W. LEE O'DANIEL, war. Our elected leaders have. sh.amelessly at home. failed. to ,devote every hour of manpower, · We are not enemies ·of union labor, but we Washington, D. C.: every acre of l~nd, and every dollar of capital believe that union labor should make sacri­ Our body had voted tor Congress to repeal the 40-hour-week law and also to prevent to the p_rosecution of war. Anyth.ing short fices wit~' the rest of us. The stubborn effort of our utmost consecration to this . cause of politicians to protect all the..gains-of organ­ strikes and other conditions impeding de­ fense production. This represents unanimous means national suicide and abject slavery. ized labor while the public and the men at · We are distressed and disillusioned that the front are putting all into the war will public sentiment in the Southwest. HENRIETTA AND CLAY COUNTY selfishness and partisanship have impeded result in a Nation-wide reaction that will the production of tanks, planes, guns, and sweep away those coveted gains. CHAMBER OF COMMERCE. ships. Und~r the conditions existing today We demand the suspension of the 40-hour there is neither excuse for nor justice in a week; we demand that strikes which hold up TYLER, TEx., March 18, 1942. 40-hour week. Strikes and lock-outs are tan­ war production be stopped; we demand that Senator W. LEE O'DANIEL, tamount to sabotage. Anyone who impedes noncooperating, profiteering business leaders Washington, D. C.: production of military equipme'nt is a sub­ be dealt with as public enemies. We will not Go all out fLr war effort. Cut out 40-hour versive force. Stiff-necked industry must listen to plausible alibis. Cut the red tape, week, overtime pay, and shut-downs. Think eliminate business as usual and give 100- and drive ahead. of boy, not blocs. percent effort to the war program. All groups, Passed by unanimous vote. ARCH C. PRICE .. regardless of name Ol' party, must be made CHARLES L. BOUNDS, to recognize the folly of subsidizing non­ Chairman of Committee. GALVESTON, TEX., March 18, '1942. production. Commodities essential for the Hon. W. ·LEE O'DANIEL, · prosecution. of this war should be rigorously HOUSTON, TEX., March 17, 1942. ' United States Senate, rationed.· Abandon all nonessential agencies Hon. LEE O'DANIEL, Washington, D. C.: now using tax money, manpower, and ma­ The Senate, Washington, D . C.: · Our club, consisting of 87 members, urge terials that are needed to make the war pro­ The undersigned citizens at ~he monthly yoU:, our congressional Representative, to do gram efficient. Abolish 'all Government func­ meeting of the insurance exchange of Hous­ all possible to inaugurate 24-hour, 7-'days-per­ tions and formality that fail to contribute ton voted unanimously today to wire you our week production program throughout the directly to our w.ar strength. If you would strong belief that immediate and · effective · Nation, taking such· steps as are necessary,· avoid inflation _and economic chaos; you mlist legislation be adopted to outlaw strikes and · either repealing or ·amending existing· laws - place· a ··ceiling on wages, profits, and com­ any stoppage of ·work -in industries essential now acting as barriers or making new laws to modity prices. This is imperative. The life to successful -prosecution at the war. We accomplish this end, also to eliminate strikes o~ m~ son and the· sons· of millions of other 1942 CONGRESSIO-NAL RECORD-SENATE 2625 loyal American citizens depend on immediate. .HousTON, TEx., March 18, 1.942. nary, J. R. McDade, E. L. McHabb, a-nd strenuous cooperation for an all-out pro-· Senator W. LEE O'DANIEL, J. L. Naylor, A. G. Nelson, Harry E. duction of sinews of war. we· are impatient Senate Office Bui lding, North, Claude B. Olney, P. G. and. angered with useless delays and boon­ • Washington, D. C.: O'Neal, C. R. Ptll, J . H. Pierson, doggling. This must stop if loyal cooperation Please support Smith-Vinson bill intro­ E. E. Rothemier, D. W. Russell, is to be expected. A demand for vigorous war duced yesterday limiting profits and voiding S. R. Shields, M G. Smith, Charles effort is stronger here than it seems to be in overtime pay on labor. Eliminate profit eer­ H. Schwankhaus, E. R. Tanner, Washington. In the name of our boys at the ing by business and labor alike during emer­ F. C. Tackle, Fred Velaso, A. H. front, of the defense for a just cause, of love gency, conscripting both if necessary- to speed Wahlberg, John W. Brumlow. for civilization, of decency, and justice, I war production. Urge Washington. to stop pussyfooting and playing politics, instead do entrea:t you to give up aiJ political considera­ GALVESTON, TEX., March 17, 1942. tions and take the patriotic action so urgently what's necessary to win the war and do it Senator .W. LEE O'DANIEL, . indicated. This country is stirred to a depth now. W. M. WoLTMAN. Senate Office Building,· heretofore untouched in its history at the Washington, D. C.: lru:k of action on the part of our leaders. I urge your support and every effort for Give us action in that, and in that alone, . LONGVIEW, TEX., March 17, 1942. repeal 40-hour labor law. you can depend on our wholehearted support. Senator W. LEE O'DANIEL, . A . .J. RASMUSSEN. Respectfully, Washington, b. C.: DEWITT T. HICKS, Wholeheartedly behind those demanding Mayor, City of Waco, Tex. immediate change 01 40-hour week. Also in LoNGVIEW, TEx., March 17, 1942. favor of companies with war contracts being The Honorable W. LEE O'DANIEL, limited to 6 percent net profit. Believe United States Senator, PAMPA, TEx., March 18, 1942. Washington, D. c.: w. LEE O'DANIEL, everyone in Gregg County feels same. JOHN C. ROBBINS, Jr. Longview citizenship·aroused. Strong reso­ Senator, Washington, D. C.: lution adopted last n ight by directors of . Our pledge to help win the war: We sol­ chamber of commerce urging Congress to re­ emnly pledge that we will refuse to vote for SEGUIN, TEX., March 17, 1942. peal immediately 40-hour Labor Act to put the reelection of any United States Senator Hon. W. LEE O'DANIEL,- defense and war production on 24-hour 7., or any United States Congressman who does Senate Chamber, Washington, D. C.: day basis, to stop strikes by drafting strikers not consistently -vote for a law. outlawing all We dl:lmand that you abolish 40-hour week.· for military service on the very day of the strikes in every industry connected with de­ Institute 168-hour week, without extra paY.. strike: Forget politics. Give up selfishness. fense and who does not. vote to abolish the Outlaw strikes affecting war production. In­ Let's get going. Don't take time to answer limitation of 40-hours-a-week labor in de­ stitute charges of treason and sabotage this. Get on your job. fense industries for the remainder of the against labor gangsters who slow up produc­ H. L. FOSTER, war. tion. Immediate induction into Army at sol­ President, Longview Chamber of Commerce. The citizens of Pampa: Dudley West, diers' pay of ail strikers. Demand action and ·Perry Franklin, 0. Gillstrap, leadership, not pussyfooting, immediately to Thomas Cox, L. McCarroll, C. Cook, protect morale of our boys. . LONGVIEW, TEX. , .March 17, 1942. Herbert · Hudson, W. ·Hudson, Vir­ . SEGUIN ROTARY CLUB, The Honorable w .· LEE O'DANIEL, ginia Hudson, Oscar. Johnson, Mrs. For Guadalupe County Citizens. United ·States Senator, Kentling, M:rs . Moss. 'Charles Bur­ · Washington, D. C.: Bernay Camp Post, 149, American Legion, ton, Mrs, Farrington, Ernest Crane, WAELDER; Mag-ch 17, 1942. F. Hukill, Eq1mett Young; Ed Wiley, · TEx.,. 250 strong on twenty-third birthday resolu­ Senator W. LEE O'DANIEL. tion urge Congress to repeal immediately 40- Frank Culberson·., D. Sanders, Au­ Washington, D. C.: brey Randall, Henry Kolb, Louise hour Labor Act to put defense and war pro­ Walstad. Henry Kolb, John Whel­ As our representative in · Washington, we duction on 24-hour 7-day basis, to stop strikes chel, Sam. Devers, C. Ford, Floyd demand action on the following: First, that by drafting strikers for military service on McConnell, J Kidwell, W Boyd, Congress forget their' petty differences and the very day of a strike, remove overtime scale, Chas, Kentling, Eugene Lewis, get· to work winning the v.. ar.· Second, that and put men to work.- We have a job to do the 40-hour week and do,.Ihle pay on Sunday and want to do it. Forget politics, give up E. Anderson, F Morrison, Georg~ be a boll shed during the war. Third, not a Woodhouse, Mrs. Kirby, D. ~irby, selfishness. Let's get the job done and then Tessie Parrish, Glen Carruth, Har­ loss of 1 hour by strikes du'.'iiig length of war. quibble. Answer not necessary. Get on the old Beck, Lewis Meers, Mrs. Swan, Fourth, that the so-called relief which is job and aid in production. Sue Johnson, Almida Fraser, Kath­ ruin)ng the. South be aboliRhed so that every GRADY McKINNEY, erine Rogers, Marion Kelley, Alice dollar invested in bonds wm go direc:t to war Post Commander. Scheig, Earl Scheig, All Blanchard,. effort. Fifth, freeze pricl) of wages and ma­ Eunice Lilly. terials. SIXTY-THREE CITIZENS OF WAELDER, TEX. FoRT WoRTH, TEx., March 17, 1942. Hon. W. LEE O'DANIEL, HOUSTON, TEX., March 18, 1942. United States Senate, EL PAso; TEX., March 17, 1942. Washington, D. C.: Senator LEE. O'DANIEL, Senator W. LEE O'DANIEL, Washington, D. C.: Nation's welfare demands labor racketeer­ Senate Office Building. ing be stopp€d. Recommend your very ear­ Green and Murray give up right to strike. Washington, D. C.: Blum did, too, out stayed with the 40-hour nest consideration revision all laws .affecting Join our fight for the boye in uniform. We labor, particularly as to hours worked over­ week. Look at France. demand full-time operation of all war-pro­ ~ORRA RooT CoDY. time and union-membership for duration so duction facilities on 168-liour weekly basis $20 per month and 24-hour-day Army boys and that Government stop the bickering be­ can have something td fight with. tween labor- and capital, or other special C. J. SIEMONEIT. SAN ANTONIO, TEX., March 18, 1942. privileged groups. We insist that MacArthur The Honorable LEE O'DANIEL, be furnished all essential supplies. You have United States Senate, the answer and immediate action will be IOWA PARK, TEX., March 17, 1942. Washington, D. C.: your reply. Hope t}?.is called your attention. Hon. W. LEE O'DANIEL, Whenever labor legislation is introduced in El Paso Trame Club: E. F. Sander­ Senate Building, Washington, D. C.: Congress the President seems to head it off; son, J. V. Braswell, C: H. Boyce, The Iowa Park Texas Lions. Club today now we are tired of the closed shop, strikes, John A. Carrell, W. T .. Coniey, · unanimously voted ·to wire and write urging and the 40-hour · week; promises apd wise N. L. Courreges. I.. H. Cowsert, J. W. you ·to use your ·influence and support in cracks won't do; we want action. Calla~an, Maxey .H. Carr, J. R. securing passage of legislation limiting profits J. N. BEASLEY. Dalby, M. S. Darbyshire, J. B. on war contracts and suspension of Fed­ Davis, R. B. Da\'is, W C. Dugan, eral statutes prescribing maximum hours of HOUSTON, TEX., March 18, 1942. J. P. Evans, R. T. Eatman, Jr., Tom work. We believe it is way · past time for , Sena tor . W. LEE, O'DANIEL, P. Fagen, W. H Francis, R. P. individuals or groups to desist from insist­ washington, D . C.: Flynn, K. E. G!hson, F. W. Gruel­ ing on special rights and privileges. We are The staff of the Methodist Hospital of ing, E. J. Grifflths, J . W. Gatlin, in complete agreement with the declaration Houston; Tex., consisting of 110 positions by L. V. Gardiner, E. L. Guerry, Jr., of policy as stated in the measure introduced unanimous vote on this date urge repeal of A.M. Hofler, WalterS. Harris, N. L. . in the House by the Honorable HowARD SMITH the 40-hour·law and a 24-hour production of Hamilton, Burt Heffield, J. G. of Virginia and VINSON . of Georgia. arms for our troops. We must win this war .. Hernandez, Lee Roy Kelly, T. S. IOWA PARK LIONS CLUB, Dr. J. B. McCULLEY, King, Sam L. Lewis,- Abner S. Lips· GEORGE E. JONES, Secre ~ ary of Staff. comb, B. F. Littleton, J. H. Milli- Secretary. 2626 CONGRESSIONAL RECORD-SENATE MARCH 18

DALLAS, TEx., March 17, 1942. Charlie Di Gas, F. L. Pierce, HousTON,·TEx., March 17, 1942. Senator W. LEE O'DANIEL, Edward S. Asrich, W'. M. Hutch, Senator W. LEE O'DANIEL; Washington, D. a.: Ole Eoe, Lucille Raschke, Alinene Washington, b. C.: · Forget 40-hour. week. Stroud, J. A. ,Jaymer, Katy Lou we. feel manufacturers airplanes, guns, Let's work and make the Japs weak. Roberson, Mrs. J. P . Kelly, James tanks, and . other implements war necessary MARVIN HAYS, DALLAS FOUNDRY. P. Kelly, Alma H. Bonianis, Ralph successful termination present conflict being D. Harris, J. E. Jaencke, August A. greatly impeded by continuation 40-hour HOUSTON, TEX., March 17, 1942. Roth, Guy W. Smith, T. G. John­ week with payment overtime, and vie urge son, G . U . Lansdowne, C. C. Shaw, you use your influence support such meas­ Hon: W. LEE O'DANIEL, Care the Senate, Washington, D. C.: Jr., M. R. Mitchell, W. F. LE:mke, ure as will temporarily suspend these laws H . C. Lee, H. R. M~nic, Sam W. during continuatton. national emergency. In this ~ w·ar emergency everyone should be impressed with the idea that there . will be Boyd, A. T. Sten, 0. D. So-wers, F. A. , TExAS CONSTRUC-:t:ION MATERIAL CO. no waste of energy in connection with. pro­ Nagel, Cecil Gregory, J . H . McAvoy, . Hallie M. Gibbons Sidney E. Zlaia­ duction of war essentials and that all indus­ DALLAS, ":'Ex., March 18, 1942. but, G.· E7 Ostrauder, Ed ·F. Lang- . ·.trial _plan~s - ShOllld ope:r;_ate~ on, a full-time ' Han. W. LEE 'O'DANIEL, .. basis, 24 hours per. day, 7 . days. per _we _ek. ford, Mrs: ·G . Boyer,- Mrs. Helen : 1 Lotz, Mrs. Mary Hughes, Betty ·sue • , Washing~on, D .. C.: .. . Sincerely trlist ~the Smith House bil.l outlaw- i The board of directdrs ~nd . the presid .ent's~­ ·Harris-, Gordon B Gibbs, C. K. Car- · ing strikes during emergency be passed im- • council of tlle Dallas Federation of Womens mediately, and hope you will support it. sen, 0. B. Mashburn. Clara Stand­ Cl'ubs·respectfully utge Members of the House · · HERBERT F. RosENBUSH. - ley, Mrs. Hattie Bostom, Sol of Representatives. the· Senate, and President Burcharett, Irene Frick, Mrs. C. K. Roosevelt to give fuWand immediate support Carson, Hortense C. Barlllek, Ray­ HousToN, TEX.; March 17, 1942. to legislation eliminating the 40-hour week mond Clark Virginia Tapalski, and removing all other obstacles now hinder­ Senator W. LEE: . O'DANIEL, _ Margaret Thompson, Mrs. Gretch~n Care ·senate, -Washington, D .. d.: ing our full· and compl~te war_etrort . . Rimdolph, Mrs Mary Romero, C. M. · D.U.LAS FEDERATJON OF WOMENS CLUBS, During our war emergency we feel that Siequist, W D. Arnold, Albert there should be no waste of energy in win­ MRS. GEORGE A RIPLEY, Boyer, ·J . R. Lively. Harris Camp­ MRS. KIRK HALL. ning and feel that it .is time our war-produc- · bell, A. C Williford, Mrs. R. M. tion machine shouldc operate on a 24-hour· Davis, A. M Horton, Woodrow . _ . . day 7 days a week, and that the Smith House , Lesikar, C. M Taylor, A. L. Vinsy; SWEE'.rwATJm, TEx., March 18, 1942. bill outlawing strikes should be passed im­ J. H. McDougal. Freeman Smith, ~ Senator LEE. O'DANIEL, . , mediately. Anybody who wants to · strike L. ' M. Hedge c R. Thomas, Get- Wasltin!J.ton, D. 0.: . now should be placed in the service. aldine Gi:'iffice, Larine- .Stegali, Sweetwater .Lions· Club composed of 94 . - J . 0. JARRELL. Maxine Elliott T H. Allison, L. E. members, today passed resolution urging you - ·-- -- · - ~·- ·" RuFUs-CAGE<· - 1 Williams. Bertha McKee, · Nell ' to support pending legislation outlawing Helvering, Orwetta_ Davis,: Hattie '. 'strikes, repealihg-40-hour-Labor Act, ·and lim­ M. Ashworth, Vera Rogers, Clara ; · iting .war profits,. and urging you to favor TYLER, TEX., Marcii 18, 1942. Hon. W. LEE O'DANIEL, - -M. Gordor, Rowena Caldwell, N. W. ! ~ any legislation that will further .the war ef­ Yates, .wn,uam R. Kilpper, James 1 fort and oppose any. legislatiol) that will. Washington, D. C.: H. Boyer, Jr., F P . Yerkes, Clar- , _hin?ex:, or impede an all-out war effort. We respectfully demand that you intra- ! ence Groschke, M. C. Stout, H. . • . CARL 'M. ANDERSON, . duce or support legislation designed -to ac- 1 complish the following: Suspend immedi­ Dennis, M~ E ~odel , Mrs. A. s.. Chairman, Patriotic Committee. ately the 40-hour work week in labor for Dilley, E. T. Anaerson, W L. Rag- the duration; suspend the payment of time •land, V. J ·. Griffi.n. G Julrich, R. S. Guidry. L. K Haines, R. T. Tram­ BOGE~. TEx., March 17, 1942. and one-half and double time for overtime Hon. W. LEE O'DANIEL, and holidays; labor racketeering; above all, mell, L. :J Waddell, Bouing M. Myers, Eddie Brahek, Blanche Senate Office Building, we demand that legislation be passed to cease Washington, D . C.: all present strikes and prohibit future strikes Harris, Velma Dunnam, Louise Janca, Leroy Weaver, Donald Mothers, fathers. wives of Hutchinson in defense work. County men in service want full industrial Mr. and Mrs. J. C. OLIVER . Wademan, -- Corine A. Couch, Georgia Copsley, R C. Truitt, M. S. · defense production immediately. It's up to Sterling, Robert Le:> Horton, you, our leaders, to show the same courage and resourcefulness and unselfish devotion HOUSTON, TE~ .• March 17, 1942. Julian Sikes. W C. Stout, Mrs. • Senator W. LEE O'DANIEL, 0. B. Sowers, M. C. Bostick,. S.M. . ~ to duty as the men .. and ·women who offer United States Senate, Duston -Mrs. Martha.· Hay-nes, -Mrs. ! -their lives. . Don't beg industry and labor. Washington_ D . C.: Bla.nche Richardson, Charles ·T. f Tell them wh~t to do. like you command our loved ones in uniform to march into the We want an all-out war effort with all Rooke, Mrs. Blbye Ray, Mrs. plants on a 168-hour basis without further Louise Holbrook, Miss Nillie Porter, jaws of death. Be -our leaders, gocd ones; delay evep if it means conscription of labor Mrs. A. M. Smith, Sadie Loescher, act now. and confiscation of ail profits and full Gov­ Leroy E Talcott, Howard 0. Lake, L. L. WILES,· Jr. - ernment control of all phases of life for the Lillian Sandall, Bertha Knodel, duration. We- expect. you to do everything Gus Foehr, Jackson Wood, Loyce LONGVIEW, TEX., _March 1$, 1942. you can to release our full productive ca- ' Warren, LinniP Freeman. Dorothy Hon. W. LEE O'DANIEL, pacity at once. Smith, Ella Pfeffer, Lottie Huff­ United States Senator, Leo Roberts, . Davis Woods, Mamie ner, Lani Bain, Manuel L. AUman, Washington, D. C.: Jacks, Buddy Woods, Mrs. Bessie John C . Weston, Robert W. Grant, The Longview Rotary Club today passed Reynolds, Mrs. Clotell Everritts, Thomas D. Heddrick, ·F . R. Wii­ re.solution pledging support to Government E. D. Nelson, R. w . Ramsey, liams, M. v. :Burns, w, E. Sandlin, · in the most aggressive war effort pqssible, Bertha Battoms, Patsy Ditto, May P. Edwin Hurt, Mary Reuter. emphatically condemning every deterring in­ Bonn, Annie Damon, Georgia fluence, yvhether labor or industry or both, Roiko. Wilma Buttler. Mrs. A. L. and calling upon Congress, and all in au­ Fresh, Christine Huser, Ima Roy, BOGER, TEx., March. 17,.1942. thority, to ·lay aside everything except the Louise Stewart,- Lena Lorino, F. J , Hon. W. LEE O'DANIEr., winning of the war, it being our c~ndid Bailey, B. A. Martin, Ernest Siros, Senq.te Ojfie,e Buildi7J-g, . opinion · that, if ~ecessary, drastic action 0. H. Galler. Lela Ross, R()bert A. 1 Washington, .D. C.: should be taken to end all disputes which are Merrill, Jr., Ruth Cowart, M. L. Mothers, fathers, wives of Hutchinson . now standing in the way of all-out and Barton, Elgin H. Magel, . Mrs. County men in. service wap.t full industrial united effort. Glen Gowen, Floyd Dixon, Gene defense production immediately: Its up to · E. M. BRAMLETTE, President. Pavlowich, Marcilla Halbrook, you our leaders to show the same courage GEORGE KELLY, Secretary. Ruth Walker, Victor Mazzarre, and resourcefulness and unselfish devotion Wayne Waltman, William White, to duty as the men and women who offer Mary Turney, Alice Lee, Mrs. R. L. their lives. Don't beg industry and labor. DALLAS, TEX., March 14, 1942. Williams, Junious Tillman, Mrs. Tell them what to do like you command our Senator W. LEE O'DANIEL: William H. Irwin, Himmy Tynes, loved ones in uniform to march into the May I commend the thinking that Pete Yarger, J. F . Knight,_ Eliza­ jaws of death. Be our leaders, good ones, act prompted your new labor bill. Am wiring beth McClendon, D. D. Williams, now. · · this morning Congressman SuMNERS and Sen­ R. _··A. Zatapek, Joseph Schillaci, J. A. PHILLIPS. ator CoNNALLY begging for action. I add 1942 CONGRESSIONAL RECORD-SENATE 2627 - that more laboring votes will commend nulll­ ditional clerk hire look at the table and Committee, his mall is much heavier :fication of our limitation and any contract submit to me any plan they .may have in than that of a Senator wbo 1s not th~ between industry and labor unions than will mind which would help to provide Sen- : chairman of such a committee. condt!m.n action on tbe part o! Congress. Regards. ators who have the largest amount of I am putting this statement into the JACK P. BURRUS. mail, an adequate clerical force to enable RECORD with the hope that Senators wha them. to handle their mail. · are interested in this problem will help ADDITIONAL CLERICAL ASSISTANCE FOR Mr. OVERTON and ~. CONNALLY me to evolve a system which will be fair MEMBERS OF CONGRESS addressed the Chair. to all -and which will bl'ing the greatest Mr. TYDINGS. Mr. President, at the Mr. TYDINGS. Mr. President, 1 am amount of relief to Senators who have request of a number of Senators who occupying the :floor at this moment be­ been overburdened with mail. have asked that the clerical staff be in­ cause of the courtesy of the Senator from I should like to say a word about the creased because of the volume of mail, Utah [Mr. MURDOCK]. I shall consume State of Tilinois. The junior Senato1· I asked the Postmaster of the Senate to only a few minutes more. I shan be glad from Dlinois [Mr. BROOKS] has a volume keep a record of aU the mail received by to yield if I may have his permission. · of mail far in excess of that of any other each Senator from the 8th of January to Mr. MURDOCK. Mr. President, I Senator. That is largely because of the the 1st of March. The reoord has been must decline to permit the Senator from . fact that that particular Senator is in compiled. I shall ask permission to have Maryland to yield to other Senators for the midst of a primary campaign, which it printed in the RECORD. a discussion of the subject at this time. has considerably increased his mail. The tabulation will show that I bave Mr. TYDINGS. In order that I may With that exception. the tabulation rep­ listed the States in acoordance with their conclude a brief explanation of this mat­ resents a fairly normal picture of the· rank as to population. It is obvious that ter, let me say that, of course, a Senator situation over a period of '1 weeks. a State with a large population should who represents a small State necessarily I ask unanimous consent that the table produce more mail for the Senators rep­ has a smaller amount of mail than a may be printed in the RECORD immedi;. resenting it than a State of smaller popu­ Senator representing a State of large ately following my remarks. It will lation. That statement is pretty gen­ population. The Senator from New show, not what Senators claim they are erally borne out by the tabulation. My York [Mr. MEAD] receives one of the very receiving in the way of mail, but wha~ purpose in putting it into the RECORD is largest deliveries of mail. Senators rep­ they have actually received over a period to have the facts when the legislative ap­ resenting smaller states necessarily re­ of, weeks. We shall have facts instead propriation bill comes over from the ceive smaller amounts of maiL However, of supposition on which to base a plan. House in the next week or 1{) days. when a Senator is chairman of an .impor­ There being no objection, .the table was Therefore I should like to have Senators tant committee such a.s the Foreign ordered to be printed in the RECORD, as who are interested in the question of ad- Affairs Committee or the Naval Affairs follows: - Jan. 8 to Feb. 28: inclusive [As there nre 96 Senators -and 48 Stat~, to compare a Senator's mail rank witb the populatio? rank of his State, divide the Senator's rank by 2]

Mail, January and February Rank in mail, volume Rank in State Poplliation Senior Junior population SenAtor Senator BeniOl' Junior Senior Junior Senior and Senator Senator Senator Senator junior Senators

Wagner _____ 1______New York_--·------,------13,~. 142 7,950 13.296 9 2 3 Davi.s ______Mead. 2______Pennsylvania._------____ ------_ 9, 900, 18D 7, 021 6, 609 12 15 6 Lucas ______Gufiey. 3.------lllinois ______------7, 897,241 8,848 20,486 7 1 1 Brooks. 4______Ohio __ ------:. ______------6, 007,612 6, 4'25 4, 554 18 41 15 Taft. __ ----- Burton. 5 _____ ------California ______------______------(i,007, 387 5, 9.57 7, 790 26 11 6 Johnson____ Downey. 6______Texas __ ~~----_------6,414,824 11,206 w, 379 3 4 2 Connally____ O'DanieJ. '1 •• ------Michigan ______------E,256.1D6 5, 763 6, .601 28 16 9 Vandenberg. Brown. · g______Massachusetts. __ ---- __ --_: ___ ------_------4, 316,721 9, 416 6,451 5 17 4 Walsh ______Lodge. -!, 160,165 .5,008 6,G58 34 u 14 Smathers. __ Barbour. ~o::::::::::: ~~~rr:.~~~======::::::::::::::::::::::::======3, 784,004 (,664 6,1361 39 14 10 Cla.rk: ______Tromm. lL------North Carolina. __ ------·------3, 571,.623 4,008 6,089 . 51 21 19 Bailey------Reynolds. ~.427, 796 4, 538 3,334 42 62 ?:l Van Nuys __ Wlllis. U:::=::::::: ~~i!~in-_~:::::::::::::=::::::::::::::::::::::::: 3,137, 587 5, 567 4,284 29 46 20 Ls Follette __ WHey. 14:..------__ Georgia ____ ------______------_------.3,123, 123 6,002 5,172 25 31 12 Russell. 15. __ ------__ Tennessee__ ___ ------____ ---______------2,915,841 5,311 2; 985 30 87 25 ~e~f!e1iar: =: Stewart. 16.------Kentuek:y------·--______------2, 845,627 .5,07~ .5, 799 33 27 16 Barkley ____ Chandler. 17 _-- ·------Alabama______------______------'2, 832,961 '3, 7~6 4, 916 59 36 23 Bankhead ___ HilL 2, 792,300 3,928 4,ZT7 55 47 26 Shipstead ___ BalL '2, 677, Ti3 2,464 7Sf.8 78 iO 17 Glass ______Byrd. i~::::::::::: r~tl~~~~~======:===:===== 2,S38,2438 3,946 4;964 54 35 .22 Gillette _____ Herring. ~~=:::: :::::: t>:Jsiari~=:::::::: :: :::::::::::::: :::::::::::::::: 2, 363,880 3,173 4,122 63 50 29 Overton __ ___ Ellender. 2, '226, 434 4,879 6,280 37 19 13 Thomas _ __ _ Lee. ra::::::::::: ~~ts~~~c::::::::::::::::::::::::::::::::::::: 2, 183, 79fi ll,WJ 4,005 20 52 18 .Bilbo_------Doxey. 24______Arkansas______------______----______1,949, 387 4,.398 1.~66 44 94 37 Caraway____ Spencer. 25. ______West Virginia ______------______---- 1, 901, 974 3, 906 2,208 56 85 36 Xilgore__ __ _ Rosier. ~6- ______South Carolina______------___ ---·------__ 1, 899,804 .2, 277 4,211 83 4S 34 Smith ______Maybank, '21------..Florida. ______---- __ ---_---- __ ------______1,897,414 3,877 .!!, 169 51 6 7 Andrews ____ Pepper. 28.------_ Maryland ___ ------______------__ ----__ _ 1, 821, 2·H 8, 339 4,179 8 49 8 'l'ydings_. __ Radcliffe. 29. _------_ Kansas______------______------1,801, 028 6,695 2,.529 13 75 21 Capper_---- Reed. 21L _____ ----- Washington ___ ------______------_----___ _ 1, 736, 191 3, 737 3, 999 60 53 28 Bone ______Wallgren. 3L __ ------Connecticut______------______43 · Maloney ____ l, 7(}9, 242 4,483 2,001 73 32 Norris ______Danaher. 32______N ebrask:a. __ ------_____ ------1,3~834 2,913 4,JM 68 ~ 30 Butler. 33_ ------Colorado ______------____ -----___ _ t. 123,296 (;,089 2,253 22 84 24 Johnson _____ Millikin. 1, 089,684 4, 563 2, 4.97 40 76 33 McNn,ry ____ Holman. 847,226 1, 043 2, 795 89 7i 44 White ______Brewster. gg:::::::::::36______~:~~--=====Rhode Island :: ___ ======~====------======______:::: ==== _ 713,246 1,344 2,887 95 .69 46 Green . 37------South Dakota. ______BulowGC£ry ---- ______--- 642,961 2, 777 3,036 72 66 38 Nyc ______Gurney. 38______North Dakota __ ------641,9.35 3,.512 1, 923 61 .!lO 39 Langer. 39. ___ ------Montana______------___ _ 559,456 6,081 5,159 23 32 11 Wheeler_____ Murray. offi______Utah ______------______Thomas__ ___ 550,310 2, f167 2, 475 74 77 42 Hatch ______Murdock. 41______New MexiC0------·------531,818 2,153 2,878 86 70 43 Clark______Obavez. 42______Idaho------524,873 3,~57 2,329 65 .82 40 Too mas . 43. __ ------__ Arizona ______------______------__ 499,261 4, 725 2, 456 38 79 31 Hayden_ ____ McFarland. 491, 5'24 3,116 1, 975 64 88 4! Bridges _____ Tobey. 44:.. ______---- New Hampshire._------Austin ______45. __ ------Vermont.------359, ·231 1, 987 1. 775 87 93 41 Aiken. Hu_g~s _____ 46______Delaware. __ ------266,505 I.M2 1,803 96 112 ~ 'l'un.ncll. 47------Wyoming ______------_------250,742 3,827 2,~5 58 .81 35 O'Mabcney_ Schwartz . 48______Nevada _____ ------110,247 2, 416 I, 85.5 80 1ll 45 McCauan .. Bunker. 2628 CONGRESSIONAL RECORD-SENATE MARCH 18 PRESERVATION OF ASSETS BY THE MEMORANDUM a substantial part of its savings in bonds NETHERLANDS GOVERNMENT The Netherlands authorities took active and shares of United States enterprises and measures reasonably calculated to keep that the Netherlands Government alwa.ys Mr. WALSH. Mr. President, I have United States bearer securities and other val­ allowed the free fiow of funds toward this been requested by Mr. Berle, Assistant able assets located within the European ter­ country, thus enabling its nationals to place Secretary of State, to have printed in the. ritory of the Netherlands out of the hands this part of their savings in safety should RECORD a letter from him, accompanied of the invading Germans. the Netherlands territory in Europe be tem­ by a memorandum from the Netherlands Even before the treacherous attack by the porarily overrun. Minister. The memorandum deals with Germans, the Government of the Netherlands The Netherlands Government feels that in the action taken by the Netherlands au­ had already passed an act making it possible the circumstances it did everything poss.ible thorities previous to and during the time for corporations within the Netherlands to block the ruthless attempts of the enemy, European territory to transfer their head of­ and it feels confident that the Government of the invasion of the Netherlands by fices to other parts of the Netherlands terri­ of the United States will concur in the above Germany, for the purpose of keeping tories so that their affairs might be con­ views. assets out of the hands of the Germans. ducted free from duress in case of an inva­ A MESSAGE FROM THE HOVSE I ask permission to have the memoran­ sion·. Moreover, the Netherlands ·authorities, dum printed in the RECORD because press foreseeing the ·possibility of invasion, had A message from the House of Repre­ reports caused certain unwarranted in­ taken steps to transfer a very large quantity sentatives, by __ Mr. Chaffee, one of its ferences to be drawn from · a statement of the liquid .assets held in the Netherlands reading clerks, announced that the House made by · an officer of the Government to a safe place. Various ingenious methods had passed without amendment the fol­ before a congressional committee, to had been developed to put these transfers lowing bills of the Senate: which inferences the Netherlands -Lega­ into effect at once in case of an invasion. S. 1564. An act for the relief of Pauline Directly after the invasion, the Nether­ Caton Robertson; tion takes exception. I ask that the lands Minister got into communiCation with letter of Mr. Berle, together with the S.1669. An act for the relief of James the State and Treasury Departments. A pro­ Franklin Smith; memorandum from the Netherlands Min­ cedure was speedily adopted at a special S. 1777. An act for the relief of Robert Lee ister, be · printed in the RECORD at this emergency conference as soon as it became Phillips and for the six minor children of point. clear that action had to be taken. It was Robert Lee Phillips and the late Estelle Phil­ There being no obje'ction, the letter decided that securities could be destroyed lips, namely, Robert Lee Phillips, Jr., James · and certificates. of destruction given by and memorandum were ordered to be - Rudolph Ph1llips, Katherine Phillips, Richard American consulr for transmission to the · Eugene Phillips, Charles Ray Phillips, ·and printed in the RECORD, as follows: United States as a basis for a claim for new David Delano Phillips; · DEPARTMENT OF STATE, securities. It should be recalled that the or­ · S : 1898. An act tor the relief of the heirs • Washington, March 11, 1942. dinary legal procedure to be followed in such of Mrs. Nazaria Garcia, of Winslow, Ariz.; The Honorable-DAVID I. WALSH, · a case requires the presence of the American s. 1906. An act for the relief of the estate Chairman, Senate Committee ·on Naval registrar, and that, this being impossible, the of 0. K. Himley; arid - A/lairs, United States Senate. United States Government could not assume S, 2063. An act to authorize certain officers MY DEAR SENATOR WALSH: I enclose here­ responsib1lity that new certificates would· be and enlisted men of the Army of the United issued upon presentation of the certificates -With a copy- of a self-explanatory note to the of destruction. . - ' . · States to accept emblems, medals, orders, and Secretary of State from the Netherlands Min­ decorations that have been tende;red them by ister, tog~ther ,with a memorandum pre­ The prOCt:dUre Was iimpediately traJ?.Sm~t­ governments of the Western He~Isphere. pared by the Netherlands Legation with re­ ted to The Hague by the Netherlanqs Minis­ spect to the actions t~ken by the Ne~herlands ter by telephone and wired by the State De­ The message also announced that the authorities previous to and during the time partment to the American authorities and House had passed the bill f the memorandum in the time was afforded to -put the procedure into amendment of the House to the· bill CONGRESSIONAL RECORD. . l . I effect. Moreover, there W'lre comparatively (S. 2198) to provide for the financing of Thank you for your courtesy in this matt~f- few American consuls available' in the terri­ the War Damage Corporation, to am_end ·.Sin'cerely yours, · ·. · ~ · : . , tory and these were kept extremely busy. ' A. A. BERu;, Jr., Even if these officials had been in a positfon the Reconstruction Finance Corporation · Assistant 'Secretary • . to help, the means of comttmnication with Act, as amended, and for other purposes.· [Enclosure: From the Netherlands Lega­ them were largely cut off. As a result- of The message also announced that the tion.) these' unfortunate c,ircumstances, for which House had passed the following bills, in WASHINGTON, March 5, 1942, the Netherlands Government was not.. to which it requested the concurrence of The Honorable the SECRETARY OF STATE, blame, some American· bearer· certificates did the Senate: · fall into the hands of thf' Germans. State Department, · H. R. 246. An act for the relief of Mrs. Washington, D. C. It should be pointed out, .however, that ]4urray Freeman; ·Sir: I have the honor to enclose a state­ the Netherlands Government, in spite of the H. R. 710. An act for the relief of Martin N. ment in answer to a report of the Associated emergency situation, did c:ucceed in keeping Mayrath; Press which alleges that Mr. Spingarn, Special . all their gold out of reach of the Germans. H. R. 726. An act for the relief of Anna Assistant to the Secretary of the Treasury, Moreover, the Netherlands Government Malama Mark; stated to the Senate Naval Affairs Committee was successful in keeping cut of enemy hands H. R. 736. An ·act for the relief or· Ideal that the Netherlands authorities were the balances held abroad by Netherlands Service Station; ''timid" with respect to removing or destroy­ corporations enabled by the above-men­ H. R. 809. An act for the relief of the legal ing United States securities prior to the tioned legislation to remove their domicile guardian of Vernon Clemons, Jr.; German invasion of the Netherlands. to free territory. H. R. 1154~ An act for the relief of George C. I understand that the press report above Immediately continuing ·its struggle for Dewey; referred to contains certain unwarranted freedom on the friendly British shore: the H. R. 1265. An act for the relief of Mary criticism which is entirely lacking in Mr. Government of the Netherlands lost no time Alexina McKinnon; Spingarn's remarks. Therefore the enclosed in claiming title for the duration of the war H. R. 1757. An act for the relief of James memorandum does not intend in any way to to all balances and other pr(•perty held abroad D. G. Alexander; raise objections against what this official of by its nationals and corporations exposed to - H. R. 1901. An act for the relief of Floyd the United States Treasury stated. enemy duress. The enforc,ment of this par­ Odom; On the other hand, since the press reports ticular legislation in the United States, which H. R. 2014. An act for the relief of Carl L. received considerable attention both in this is being sought through the action of the Jones; country and abroad, and since the original courts In this country, and which has been H. R. 2730. An act for the relief of Dorothy text of Mr. Spingarn's statements are not requested from the Unit('d States Govern­ Silva; equally easily available, I would feel highly ment upon its entering into the war, w11l H. R. 2925. An act for the relief of Wiley W. obliged if through whatever means Your Ex­ actually prevent the Germans ever to reap Watkins; cellency may deem appropriate the contents any benefit of claims originally held by H. R. 3337. An act to provide for the is­ of the enclosed statements be made public. Netherlanders on property in the United suance of a duplicate adjusted-service cer­ Please accept, sir, the renewed assurances States. · tificate to Andrew J. Bissinger; of my highest consideration. It may be brought to mind, finfl.lly, that H. R. 3476. An act for the relief of James A. ------~ the Netherlands public always used. to place Qulllinan; 1942 CONGRESSIONAL RECORD-. SENATE 2629 H. R. 3722. An act for the relief of Lt. Col. H. R. 6728. An act granting pensions and H. R. 4625. An act for the relief of Karl K. S. W. Mcilwain; increase of pensions to certain dependents Wilkes; H. R..3732. An act for the relief of Ida of veterans of the Civil War; and H. ':t. 4723. An act for the relief of the Baird; H. R. 6759. An act to amend the act en­ legal guardian of John Lesniak; H. R. 3767. An act for the relief of' Frank titled "An act to fix the hours of duty of H. R. 4953. An act for the relief of Emil Sheppard; postal employees, and for other purposes," Lassila, Martha Lassila, Ellen Huhta, and H. R. 4092. An act for the relief of E. P. approved August 14, 1935, as amended, so as Sylvia Huhta; Corley; to permit payment for overtime for Saturday H. R. 4955. An act for the relief of Geof­ H. R. 4153 . An act for the relief of Cleaver service in lieu of compensatory time. frey Orme; Kelley; H. R. 4981. An act for the relief of the H. R. 4180. An act for the relief of Edward ENROLLED BILLS SIGNED Phoenix Construction Associates, a partner­ Keating and others; The message further announced that ship; H. R. 4331. An act for the relief of Alice R. the Speaker had affixed his signature to H. R. 5000. An act for the relief of Ferd Swett; W. Melle; H. R. 4408. An act for the relief of Alice R. the following enrolled bills, and they H. R. 5069. An act for the relief of George Swett and the estate of Robert S. Swett; were signed by the Vice President: Garcavy; H. R. 4413 . An act for the relief of Olive Z. S. 1762. An act to authorize the Secretary H. R. 5295. An act for the relief of the Ressler; of Agriculture to release the claim of the estate of Romano Emiliani; H. R. 4464. An act for the relief of Henry J. United States to certain land within Coco- H. R. 5363. ,An act for. the relief of John· McCloskey; nino County, Ariz.; · ston-Hall Hospital, Calhoun, Ga., and Dr. H. R. 4625. An act for the relief of Karl K. S. 1971. An act to legalize a bridge across Z. V. Johnston, Calhoun, Ga.; Wilkes; 'Bayou Lafourche at Valentine, La.; H. R. 5381. An act for the relief of Henry H. R. 4723. An act for the relief of the legal S. 2089. An act to authorize the transfer of B. Tucker; ' guardian of John Lesniak; the custody of a portion of the Croatan Na­ H. R. 5433. An act for the reltef of the H. R. 4953. An act for the relief of Emil tional Forest, North Carolina, from the De­ guardian of Charles Jirinec, an infant; Lassila, Martha Lassila, Ellen Huhta, and partment of Agriculture to the Department of H. R. 5438. An ·act for the relief of the San Sylv\a Huhta; the Navy; Diego Gas & Electric Co.; H. R. 4955. An act for the relief of Geoffrey S. 2134. An act to revive and reenact the act H. R. 5439. An act for the relief of Joseph Orme; entitled "An act authorizing the State of Soulek; H. R. 4981. An act for the relief of the Michigan, acting through the International H. R. 5449. An act · for the relief of Mrs. Phoenix Construction Associates, a partner­ Bridge Authority of Michigan, to construct, Cecile Herzog and Lucille Herzog (an infant); ship; maintain, and operate a toll bridge or series H. R. 5452 . An act for the relief of Emmett H. R. 5000. An act for the relief of Ferd W. -of bridges, causeways, and approaches there­ Armstrong; Meile; to across the St. Marys River, from a point in H. R. 5468. An act for the relief of J. Fur­ H. R. 5059. An act to grant the status of or near the city of Sault Ste. Marie, Mich., to man Richardson; quota immigrants to Mr Wiliam B. Fawkner a point in the Province of Ontario, Canada," H. R. 5500. An act for the relief of the and his wife, Mrs. Ida Fawkner; · approved December 16. 1940; and estate of Charles.L'. Clark; H. R. 5069. An act for the relief of' George S. 2222. An act to authorize the Federal H. R. 5504. An act for the relief of H. J. Garcavy; Works Administrator to acquire title, on be­ Abney; H. R. 5295. An act for the relief of the half of the United. States, to not more than H. R. 5559. An act for the . relief of William estate of Romano Emillani; 35 acres of land subject to certain reserva­ Horsman; H. R. 5363 . An act for the relief of Johnston­ tions in the grantors. H. R. 5563. An act for the reltef of Joe A. Hall Hospital, Calhoun, Ga., and Dr. Z. V. HOUSE BILLS REFERRED OR PLACED ON Mumford and the estate of W. C. Mumford; Johnston, Calhoun, Ga.; H. R. 5596. An act for the relief of Tommy - H. R. 5381. An act for the relief of Henry B. CALENDAR Huddleston; Tucker; The following bills were severally read H. R. 5619. An act for the relief of certain H. R. 5433. An act for the relief of the twice by their titles and referred, or clerks in the post office at Detroit, Mich.; · guardian of Charles Jirinec, an infant; be H. R . 5686. An act for the relief of Lewis H: R. 5438. An act for the relief of the San ordered to placed on the calendar, as J. and Mary Black; Diego Gas & Electric Co.; indicated: · H. R. 5778. An act for the relief of Luther H. R. 5439 . An act for the relief of Joseph H. R. 246. An act for the rel1ef of Mrs. Mur­ Herbert Tench and Mrs. Mildred Farmer Soulek; ray Freeman; Tench; H. R. 5449. An· act · for the relief of Mrs. H ~ R. 710. An act for the relief of Martin N. . H. R. 5794. An act for the relief of Mrs·. Cecile Herzog and Lucme Herzog (an infant); Mayrath; Julia Johnson; H. R. 5452. An e,ct for the relief of Emmett H. R. 736. An. act for the relief of Ideal H. R. 5845. An act for the relief of Alvira Armstrong; Service Station; Manfredi; H. R. 54:68. An act for the relief of J. Fur­ H. R. 809. An act for the relief of the legal H. R. 5977. An act for the relief of Mr. and man Richardson; guardian of Vernon Clemons, Jr.; Mrs. F. Wilder Temple; H. R. 5500. An act for the relief of the H. R. 1154. An act for the relief of George C. H. R. 6063. An act for the relief of the estate of Charles L. ·Clark; Dewey; Clark County Lumber Co.; and H. R. 5504. An act for the relief. of H. J. H. R.1757. An act for the relief of James H. R. 6714. An · act for the relief of Daniel Abney; D. G. Alexander; Elliott and Helen Elliott; to the Committee H. R. 5559. An act for the relief of William H. R. 1901. An act for the relief of Floyd on Claims. ~ Horsman; Odom; H .. R. 726. An act for the relief of Anna H. R. 5563. An act for the relief of Joe A. H. R. 2014. An act for the relief of Carl L. Malama Mark; Mumford ~:~.nd the estate of W. C. Mumford; Jones; H. R. 1265. An act for the relief of Mary H. R. 5596. An act for the relief of Tommy H. R. 2730. An act for the relief of Dorothy Alexina McKinnon; Huddleston; Silva; · H. R. 5059. An act to grant the status of H. R. 5619. An act for the relief of certain H. R. 2925. An act for the relief of Wiley quota immigrants to Mr. William B. Fawkner cle:t:ks in the post office at Detroit, Mich.; W. Watkins; and his wife, Mrs. Ida Fawkner; and H. R. 5686. An act for the relief of Lewis J. H. R. 3476. An act for the relief of James A. H. R. 6141. An act for the relief of Mrs. and Mary Black; Quillinan; C. M. W. Hull; to the Committee on Immi­ H. R. 5778. An act for the rellef of Luther H. R. 3722. An act for the relief of Lt. Col. gration. Herbert Tench and Mrs. Mildred Farmer S. W. Mcilwain; H. R. 3337. An act to provide for the issu­ Tench; H. R. 3732. An act for the relief of Ida ance of a duplicate adjusted-service certifi­ H. R. 5794. An act for the relief of Mrs. Baird; cate to Andrew J . Bissinger; to the Committee Julia Johnson; H. R. 4092. An act for the relief of E. P. on Military Affairs. Corley; H. R. 6293. An act to establish a Women's H. R. 5845. An act for the relief of Alvira Army Auxiliary Corps for service with the Manfredi; H. R. 4153. An act for the relief of Cleaver Kelley; Army of the United States; and H. R. 5977. An act for the relief of Mr. and H. R. 6759. An act to amend the act en­ Mrs. F. Wilder Temple; H. R. 4180. An act for the relief of Edward titled "An act to fix the hours of duty of H. R. 6063. An act for the relief of the Clark· Keatipg and others; postal employees, and for other purposes," County Lumber Co.; H. R. 4331. An act for the relief of Alice approved August 14, 1935, as amended, so as H. R. 6141. An act for the relief of Mrs. R. Swett; to permit payment for overtime for Saturday C. M. W. Hull; H. R. 4408. An act for the relief of Alice service in lieu of compensatory time; to t.be H. R. 6293. An act to establish a Women's R. Swett and the estate of Robert S.-Swett; calendar. Army Auxiliary Corps for service with the H. R. 4413. An act for the relief of Olive H. R. 6728. An act granting pensions and Army of the United States; Z. Ressler; increase of pensions to certain dependents of H. R. 6714. An act for the relief of Daniel H. R. 4464. An act for the relief of Henry veterans of the Civil War; to the Committee Elliott and Heleu Elliott; J. McCloskey; on Pensions. 2630 CONGRESSIONAL RECORD-SENATE MARGH 18 SENATOR FROM NORTH DAKOTA Kentucky came before the Senate. As I and said that, in his opinion, the Senate The Senate resumed the consideration understand the facts, he was accused of had probably made a mistake; but in the of the resolution (S. Res. 220), which is perjury. A memorial was sent from the disposition of the case of Senator-Smith, as follows: Legislature of Kentucky to the United of Ohio, what happened? The Senate States Senate asking an investigation Resolved, That the case Of WILLIAM LANGER refused to adopt the majority report of does not fall within the constitutiona!" pro­ and a proper disposition in the Humphrey the ·committee headed· by John Quincy visions for expulsion, or any punishment by Marshall case. What did the Senate do Adams. · _ . two-thirds vote, because Senator LANGER is in that very early case, soon after the It is true that the Senate, under reso­ neither charged with nor proven to have com­ adoption of the Constitution, soon after lutions, has investigated certain charges mitted disorderly behavior during his mem­ the debates were carried on that gave us in many cases; but, Mr. President, if the bership in the. Senate. the ,Constitution, -soon after the publica­ theory in the Humphrey Marshall case Resolved, That WILLIAM LANGER, iS not en­ tion of the Federalist papers during the has ever been overthrown by the Senate, titled to be a Senator of the United States period of ratification? At that early date except, perhaps, in the case of Senator from the State of North Dakota. the important Humphrey Marshall case Thomas, of Maryland, I have been unable Mr. MURDOCK. Mr. President, when came before the Senate, and the Senate to find any record of such a decision. I suspended my remarks on Monday af­ wrote the following opinion, which is a I think that probably it would not be ternoon I was discussing the constitu­ precedent for the pen din~ case: advisable for me to continue this after­ tional ·and . legal questions involved in Your committee are informed by the other noon to read to the Senate the remainder the Langer case as I understand them. Senator and the. two Representatives in Con­ of the brief from which I quoted on Mon­ Yesterday this body passed a bill in­ gress from Kentucky that they have not been day. Therefore, I ask unanimous consent creasing ·the national debt limit to . requested by the legislature of that State to that, beginning at page 50, after the $130,000,000,000: It was called to our at­ prosecute this inquiry, and that they are statement of Senator Knox, and con­ not possessed of any evidence in the case, tinuing through page 60, the matter con­ tention that expeditionary forces are be­ and that they believe no person is authorized ing sent from this country to nearly all to appear on behalf ·of the legislature. tained in the minority report be included parts of the globe. We are taxing the Mr. Marshall is solicitous that a full in­ in the RECORD at this point as a continu­ people of the United States to the very vestigation of the subject shall take place in ation of my remarks. utmost. Why? So as to preserve o_ur the Senate, and urges the principle that con­ The PRESIDING . OFFICER (Mr. constitutional Oregon, I, section 5, clause-2, reading as follows: "If there were any objections of this sort, appointed a Senator of that State by the Gov­ "Each House may determine the rules of its the committee would still be of opinion that ernor t:Lereof, is entitled to take the con­ proceeding, punish its Members.for disorderly the r.remorial could not be sustained. They stitutional oath of office." behavior, and, with the concurrence of· two­ think that in a case of this kind no person. In opening the debate the reasons for the third:;;, expel a Member." ' can be held to answer for an infamous crime conclusion which had been submitted from In a number of cases investigated it has unless on a presentment or indictment of a the committee were given, as follows: been claimed that the power to expel is lin;t­ grand jury, and that in all s~ch prosecutions "The question submitted to the committ.ee ited to acts occurring while a Member. the accused ought to be tried by an impar­ was, whether or not evidence of this descrip­ Quoting from the argument of Mr. Thayer tial jury of the State and district wherein the tion (certain ex parte affidavits alleging in the Smoot case: crime shall have been committed. If, in the treasonable declarations) could be allowed to "Now, if we construe that according to the present case, the party has been guilty in the prevail against his prima facie right to take ordinary rules which apply to the construe.:. manner suggested, no. reason has been al­ his seat as a Senator . . The committee were tion of the English language, we of course leged by the memorialists why he has no~ of opinion that they could not. The Con­ take it all together. The context relates to long since been tried in the State and district stitution declares what shall be the qualifica­ the words 'with the concurrence of two.!. where he committed the o!fense. Until he is tions of a Senator. They are· in respect to thirds expel a Member'; and I have always legally convicted, the principles of the Con­ his age, in respect to his residep.ce, in respect assumed that the power to expel referred . to stitution and of the common law concur in to his citizenship; and the committee were that conduct which the Senate could carry presuming that he is innocent." · of opinion that the Senate were limited to on respecting a Member who had a right .to (James Shields case, 1849; Hinds' Precedents, the question, first, whether or not the person be there, whose title there was unquestioned vol. 1, sec. 429) claiming the seat and presenting hi~ cre­ and for something' that he did, or for some1 The Senate decided in 1849 that James dentials produced the. requisite evidence of status in which he was while a Senator. I his election or appointment; and second, think that is the only sound construct.ion of Shields was disqualified to retain his seat, not having been a citizen of the United State~ whether there was any question as to his con­ that clause in the Constitution. It has never 'stitutional qualifications: * * "' I do not had another construction, in fact, by the acts for the required time. The oath was admin­ istered leaving the question as to his quali­ understand that it is competent for the of the Senate. Senate, and I think they step aside from their "No Senator has ever been expelled, no fications to be decided later, it being con-; tended that he had a prima facie right to only jurisdiction when they attempt to punish Member of the House has ever been expelled, a man for his crime or misbehavior ante­ except for some act done by him while a the seat. The committee reported and the Senate agreed after debate, to a resolution cedent to h i's election. If this were so, the Senator or Representative, or relative to his Constitution ought to be amended so as to functions as a 'Senator or Representative; and declaring that the election of Mr. Shields "was void, he not having been a citizen of read that the legislature of a State or the I think no serious effort was ever made to Governor of a State, in a certain contingency, expel for any other reason · than that_;, the United States the term of years required · as a qualification to be a Senator of the shall elect or appoint a Senator, subject to (Hinds' Precedents, vol. 1, p . 563.) the advice and consent of the Senate. The To this may be added the opinion of Sen­ United States at the commencement of the term for which he was elected.'' Senate would then be the ultimate judge ator Knox in the same case, found in Hinds' whether or not the man ought to have a seat Precedents, volume 1, page 588, wherein he This resolution ·Was adopted without di• vision, it being considered evidently that a here, and it would be competent for the makes the following statement: Senate upon any caprice or any view it might "If I were asked to state concisely the true majority vote only was required for the pas­ sage of the resolut"ion. It will be observed take of the capacity, moral, or intellectual, theory of the Constitution upon this impor­ or political, of a man, to reject him and tant point, I would unhesitatingly say: here that the exclusion rested upon the mat­ ter of constitutional qualifications .Prescribed prevent. his taking a seat. Sir, I do not so "First. That the Constitution undertakes . by article 1, section 3, clause 3 of the Consti- understand the Constitution. I understand to prescribe no moral or mental qualification,· tution. the Senate is the judge of the election of a and in respect to such qualifications as it Senator, of the sufficiency and genuineness does prescribe the Senate by a majority vote' (John Smith case, 1807, Senate Election Cases, of the returns furnished, and the evidence of shall judge of ' their existence in each case, from 1789-1855, p. 934) the election; and also of the constitutional whether· the question is raised before or after The charge was made against John Smith, qualifications of the individual to hold a seat the Senator has taken his seat: · ' a Senator from Ohio, that I:ie was a cocon­ in th~ ~enate. Beyond that I apprehend the "Second .. That as to aU matters· affecting· a spirator with Aaron Burr. The point was Senate have no power · at· all." (Hinds' man's moral or mental fitness the States are made that the indictment against· Senator Precedents, vol. 1, sec. 443.) 1942 CONGRESSIONAL RECORD-SENATE 2633

After debate, the following resolution was The minority declared in addition the fol­ directly, and, if the debate is the criterion, put: lowing: the House acted without any reference to it "Resolved, That Benjamin Stark, of Oregon, "Reed Smoot possesses all the qualifications whatever. The clause stating the qualifica­ appointed a Senator of that State by the prescribed by the Constitution to make him tion was incidentally referred to once. In­ Governor thereof, is entitled to take the con­ eligible to a seat in the Senate, and the deed, they apparently acted upon an entirely stitutional oath of office without prejudice to· regularity of his election by the Legislature differe..J.t provision that does not relate to any subsequent proceedings in the case." of the State of Utah is not questioned in any exclusion or determining eligibility or quali­ This was determined in the affirmative­ manner." fications, and Mr. Logan distinctly based his yeas 26, nays 19. Question was raised on the resolution rec­ case upon it when he says: The oath was then administered. ommended by the majority which recom­ "'I base my opinion, first, upon the Con­ Thereafter a resolution was presented to mended as follows: stitution of the United States, which author­ expel. This was disagreed to. (Hinds' "Resolved, That Reed Smoot is not entitled izes Congress to prescribe rules and regula­ Precedents, vol. 1, sec. 443 .) to a seat as a Senator of the United States tions for the government of their Members, (David T. Patterson case, 1866, Hinds' from the State of Utah." and provides that by a two-thirds vote either Precedents, vol. 1, sec. 453) Mr. Albert J. Hopkins, of niinois, proposed House may expel any one of · its Members a substitute amendment to strike out all without prescribing the offenses for which The question arose in the Se;nate as to the either House may expel.'" loyalty of one David T. Patterson, a Sena­ after the word "Resolved" and insert a new tor-elect from Tennessee. His credentials. text, so that it should read as follows: "He then proceeded to make this gratui­ were presented and after debate were re­ "Resolved (two-thirds oj the Senators pres­ tous and unwarranted assumption: ferred to the Committee on the Judiciary ent concurring therein) , That Reed Smoot " 'This being the theory with which I with instructions to inquire into his quali­ is not entitled to a seat as a Senator of the start out, I then assume that where the fications. The debate discussed the propriety United States from the State of Utah." House of Representatives has power to expel of refusing the oath to a person presenting The amendment of Mr. Hopkins was agreed for an offense against its rules or a viola­ prima facie evidence of his election. Reso­ to-yeas" 49, nays 22. tion of any law of the land, it has the same lution admitting him was thereafter adopted. Thereupon Mr. Carmack, of Tennessee, pro­ power to exclude a person from its body.' (Hinds' Precedents, vol. 1 .. sec. 453.) posed a substitute as follows: · "Without giving any attention to the legal "Resolved, That Reed Smoot, a Senator from distinctions involved, or even referring to (Roach case, 1868, CONGRESSIONAL RECORD, Utah, be expelled from the Senate of the the constitutional right of passing upon vol. 25, pt. 1, 53d Cong., 1st sess., pp. 37- United States. 162) . qualifications, or adverting to the fact that "This substitute was disagreed to-yeas 27, exclusion is the act of a majority and ex­ Roach, a Senator-elect from the State of nays 43. Then the resolution of the com­ pulsion of two-thirds, he begs the whole North Dakota, was charg~ and never denied mittee as amended on the motion of Mr. question and assumes their identity. He that he had embezzled $30,000 from . a bank Hopkins was disagreed to-yeas 28, nays 42- quotes a statute which makes a disqualifica­ of which he had been cashier. No prosecu­ two-thirds not voting in . favor thereof." tion to bold office absolutely dependent upon tion had ever been instituted against him, (Hinds' Precedents. val. 1, p. 590, sec. 483.) a conviction, and then assumes it disquali­ the matter evidently having been settled. (Smith, Vare, and Newberry cases) fied Whittemore, although there had been no The question was later raised in the Senate, conviction. He admits there was no Con­ and discussed at gr<>at length. as to whether The cases of Smit4 of Illinois, Vare of gressionai precedent for the action which he the Senate had the power to act "because it Pennsylvania, and Newberry of Michigan are proposed. He cites the Wilkes case in the was a crime that he had committed before not in point inasmuch as each of them in­ English Parliament as a precedent, when. as his election." The matter was referred to a volved alleged corruption either in the pri­ he states it, that case was directly in point committee but no vote was ever taken mary or in the election itself, the Senate against him. Wilkes, he says, was elected thereon. Complete record of the discussion being obviously competent to disqualify on four successive times to the same Parlia­ in this case may be found in the CONGRES­ this ground under the provisions of article I, ment, three times without opposition and SIONAL RECORD (vol. 25, pt. 1, 53d Cong., 1st section 5, clause 1, of the Constitution pro­ the fourth time against an opposing candi­ sess., beginning at pp. 140 to 153, inclusive). viding that each House shall be the judge of date. Three times he was expelled. The (Philip. F. Thomas case, 1867, Hinds' the· election of its own Members. fourth time his opponent was seated. Precedents, vol. 1, sec. 457) (House precedents) Neither time, according to his statement, was In 1867 the Senate, having in view the test There are two cases presented to the House Wilkes excluded. oath and the spirit of the fourteenth amend­ of Representatives which are quite ·fre­ "Just how that case could be an authority ment, excluded Philip F Thomas. There· was quently referred to as pr~cedents for a de­ for excluding as against ·expelling Whitte­ a protracted debate, among other things, on cision in 'this case. The first has to do with more we cannot see. These considerations the right to add other qualifications to the the· case of one B. F. Whittemore who was· re­ (and many more could be suggested) , in three prescribed by 'the Constitution. Seat elected to the same House from which he view of the fact that the House, under Mr. was denied because of the inability of the had resigned to escape expulsion for crime. Logan's lead, absolutely refused to allow any Member-elect to tak-:J the oath because of dis­ He was exclud(ld from taking the c.ath and committee to examine, for the information loyalty. his 'seat. In the discussions, however, it was • of the House, the legal question involved or to have the case referred to any committee­ (Arthur R. Gould case, Senate Election Cases, assumed, apparently, that the right to exclude and the right to expel were identical. though such a course was desired by such pp. 276-288) men as Poland of Vermont, Farnsworth of Gould was charged with the- crime of The criticism of this case is to be found in a. report of· the legislative committee con­ Illinois, and E;chenck and Garfield of Ohio­ bribery. Oath of office was administered and and would not allow Schenck and Garfield resolution adopted referring the matter to sidering the Roberts case (Hind's Precedents, vol. 1, sec. 477, p. 540) : to be heard on the law for even 10 minutes the Committee on Privileges and Elections each, deprive this case, fn our opinion, of for investigation and report. That commit­ "The case of Whibtemore, in the Forty-first all weight as a precedent." tee in its report recommended dismissal of Congress, is suggested as a legislative prece­ dent for t:tle right to exclude. We have ex­ The second case is known as the Roberts the charges for insufficiency of .the evidence, case. In the Fifty-sixth Congress one B. H . but expressed the view that the Senate was amined that case with care, and we feel bound to say that we do not think it en­ Roberts was elected to the House, and the without jurisdiction to expel for. offenses House declined to permit the oath to be committed prior to the election. titled to any weight as a precedent. The argument upon which it was based shows the administered, and he was excluded on the (Reed Smoot case, 1903, Hinds' Precedents, action of the House to have been unwarranted charges of polygamous relations. There was an exhaustive debate on all of the legal ques­ vol. 1, sees. 482, 483) and ill-advised in excluding Whittemore. In this case, although it was understood The only speeches made in support of the tions involved. The issue was squarely pre­ that objection was made to the Senator-elect proposition were by Mr. Logan. He does not sented under the majority and minority on the question of his. qualifications, yet the in any way refer to the one great legal ques­ resolutions. The majority resolution recom­ oath was administered on his prima facie tion involved, as to whether Congress, to say mended exclusion, and the ~inority recom­ showing. It was objected that Senator Smoot nothing of the House, acting alone, had the mended expulsion. The majority resolution by reason of fealty to a "higher law than the power to add to the qualifications specified in prevailed. The case, however, is of doubtful law of the Nation" was disqualified to hold value as a precedent here, because of the cir­ the Constitution, and that question was not cumstances under which it arose and the a seat in the Senate. A complete discussion raised during the debate, although at that was had on the right of the Senate to exclude attendant emotion and hysteria in connec­ time (1870) several State courts, one at least, tion with the charges involved. on a majo'rity vote for lack of qualifications had discussed,' People v. Barker having been other than those enumerated in the Con­ decided in 1824. These cases were suggested as precedents in the proceedings in the Smoot case and re­ stitution. The majority of the committee "The House had, apparently, never heard agreed that the Senator was not entitled to that there was such a question. The only jected by the Senate. . his seat in the Senate and reported the fol­ provision of the Constitution that could pos­ VIII. GENERAL CONCLUSION DRAWN FROM lowing resolution: sibly justify the action of the House, that PRECEDENTS "Resolved, That Reed Smoot is not entitled constituting the House the judge of the 'elec­ Since the adoption of the Constitution the to a seat as a Senator of the United States­ tion returns and qualifications of its own Senate has exercised the power to investigate trom the State of Utah." Members,' was not referred to _directly or in- in approXimately 130 cases, including election 2634 CONGRESSIONAL RECORD-SENATE MARCH 18 con tests. From an examination of all of States we are subjected not only to pub­ appointed by Governor Moses could not these cases we believe that it may be accu- . lie opinion but to the searching 'inquiry find out and did not have the power to rately stated that: . of every political opponent we have. The find out. The only point I am making (1) No case exists where the Senate has is-- · excluded a Member for acts of moral turpi­ people l,{now us. Why? Because the tude ·alleged to have occurred prior to the 'searchlight of publicity, the searchlight Mr. MURDOCK. I am surprised that time of the election or prior to the time when brought to bear by the ingenuity of the the Senator makes that point. a Member is seated; opposition politicians has been focused · ·Mr. LUCAS. It is a fact, anyway. (2) No case may be found where the SenatP. ·upon us. They know us becaus~ o~r Mr. MURDOCK. That may be so; but has ever expelled a Member for acts of moral ·neighbors speak of us; they know us be­ we are trying the mise not on what the turpitude alleged to have been committed cause we have attended church' in our Senator knows or what the Governor of before he became a Member. ·State; · because we have attended the 1 ·North Dakota might' want to know. · That Respectfully submitte~i.. .. is why I say such a type of argument is ELLISON D. SMITH. schools of our State; in fact, they know ABE MURDOCK. · ·us because they have lived with us. . In unfair, for it does not abide by the rec­ my. opinion; tha.t is the reason. why· the ord;. it does not· stay within the record Mr. CONNALLY. Mr. President, will ' ··fb:imers of ·the ConstitutiOn laid down · as submitted by the Committee· on Privi­ . ·the Senator yield to me so that I may ask , the p:i'inciple that . ~!though, of co~se, . leges a-nd Elections. I am -surprised.that a question? · . · ~there ·should be a limited number of sim- · ·the· Senator raises that ~ point. .. Mr. MURPOCK. I yield. pie, over-all ·quallftcatioris, such as resi­ Mr. LUCAS. The Senator can· be sur­ Mr. CONNALLY. As I understand, the dence, citizenship, and age-and I have · prised if he'wants to. Senator has concluded his argument on given the reasons the Constitution·al Mr. MURDOCK. I am surprised. the constitutional law, and now intends Convention considered in laying down Mr. LUCAS. He . has been surprised to discuss the facts; is that correct? ·such restrictions__:_nevertheless, all other quite often throughout this hearing. Mr. MURDOCK. I have yet to make a qualifications should be passed -upon by Mr. MURDOCK. No; this is the first very short conclusion on the law; and ·the electorate. When it 'tomes to th,e time. then I intend- to discuss the facts. I question ·of determining moral and intel­ · Mr. LUCAS. But the point I am mak­ hope that Senators will remain in the lectual qualifications, what does the Sen- ing is simply this: The Senator con- Chamber and· will listen ·to my state­ . ate know . of the people of my State; I . tends, along with ·the Senator from ment of the facts, at least, as they appear what does the Senate know of- the peo­ ·Texas, app~ren~ly ., from the question he to me. ·ple or' Maine or Florida or North Da- · asked, that the searchlight of ·publicity Mr. CONNALLY. · Mr. President, will 'kota; what do the Members of the Senate -has been turned on . every single act of -the Senator yield for another question? know ·about the ·candidates in any of ' the respondent as disclosed . by the- in­ . Mr. MURDOCK. I yield . . those States, until they come here among vestigators' report. I challenge .. that Mr. CONNALLY. In connection with : ·us? But the people· with whom a man · ·statement.- · passing from· the law to the facts, and has lived know him. If they do not know Mr. MURDOCK. I did not make that especially in connection with the Mar- · him, who under the sun could ·know him? statement. shall case, the makers of the. Constitution · Mr. LUCAS. Mr. President; will the · . Mr. LUCAS .. The Senator said,that all having determined by whom the choice · Senator yield for a question? these matters· had been debated by the should be made in the case of a Sen­ Mr. MURDOCK. I yield. people of North Dakota. ator, and the qualifications which should Mr: LUCAS. Followin:; the inquiry ·of · Mr. MURDOCK. I was speaking gen­ be required, let me ask the Senator who the distinguished Senator from Texas, erally of what happens to every Senator is better qualified to pass upon moral let me ask the able Senator from Utah if who announces his candidacy. The min­ issues and issues of fact with respect to he believes that the searchlight of pub­ ute ·he does so, -if he is ·a Democrat, what a candidate for the Senate, the people licity . afforded to the people of North happens? The Republican opposition among whom he has lived all his life and Dakota, proof of the land-bond transac­ begins to look in every corner for some­ among whom he has spent all the days tion, the Mexicarn land finance deal, and thing to upset him. The same thing is of his activity or the Senate in a cursory the case in which Gale Wyman, son of true when a Republican announces his examination by. some committee?. Judge A. Lee Wyman, was employed by candidacy; his .Democratic opponents Mr. MURDOCK. I think the Senator . the respondent in this case. . begin .to look around for something that from Texas has asked a very important, . · Mr. MURDOCK. My answer to that may defeat him. I say that when a a very intelligent, and. a very fair ques-. question is that as to the details, as they man· announces his . candidacy he sub­ tion, as he always does. If we believe 1n have come to the investigators arid to the jects himself to the glare of scrutinizing democracy, if we believe in a government Senate committee, no; but I refer the pub1icity . . by the people, of the people, and for the ·Senator from Illinois to the record; and Mr. LUCAS. There is no doubt about people, will any Senator rise on the ftoor if he can come to any conclusion other that. I certainly agree with the Senator of the Senate and say that, on the ques­ than that the bond transaction was a as to that; we have all been through tion of passing .on the·moral and intel­ campaign issue, not only in 1940 but in campaigns, and·we know what we have lectual qualifications of a Senator, he 1938, I shall be very much surprised. · to undergo. In every campaign specious has more confidence in the .judgment of I desire to make the further observa­ trumped-up charges are made . against the Senate than in that of the people . tion that, knowing the opponent of the ·individual candidate. But the point of a Senator's own State? Of course not. Judge LANGER in the general election, I I make-and I want to reiterate it, and No Senator here believes that any other ·know the tenacity, I know the persever­ then I will not take any more of the Sen- view was entertained by the framers of ance, I know the ingenuity of the man ator's time-- · · the Constitution. who was running against 'him; and if Mr. MURDOCK. The Senator is wel­ Mr. LUCAS. Mr. President, will the . he could have found any facts to bring come to interrupt me. · · Senator yield? out on that issue he would not have neg- . Mr. LUCAS. In view of the question · The PRESIDING OFFICER. Does the -lected to do so. the Senator from Texas asked, I contend Senator from Utah yield to the Senator I state the further fact-, although I am · - that the record shows that the· vital from Illinois? now rather anticipating my argument, actions involving moral turpitude were Mr. MURDOCK. I shall yield in a that the present Governor of North Da­ the land transaction, the bond deal, the moment. kota ran on the bond issue, ahd after his Mexican finance transaction, and the No man who believes in democracy, no election he appointed an investigator to transaction with Gale Wyman, and the man who believes at all in the integrity . go to the bottom of the transaction. people of North Dakota knew nothing of the peop!e of his own State, will want Mr. LUCAS. Will the Senator yield? about those facts, on which the charge to substitute the judgment of the Senate Mr. MURDOCK. I yield. of moral turpitude really lies, when the or any other body for the judgment of Mr. LUCAS. That is true; and they campaign was uncter way. his own people. How do our people know . are invest.igating the situation right now. Mr. MURDOCK. I am sure-- us? Why do they know us? On what . They have asked for any number of ex­ Mr. CONNALLY. Mr. President, will basis do they elect us? First, we have . hi bits and a great amount of testimony the Senator yield? · lived with them for a great many years. :which has been taken by the investiga­ -Mr. MURDOCK. I will yield in a mo­ ·When we run for public office in our . tors and which the special representative ment; I wish to answer the Senator from 1942 CONGRESSIONAL RECORD-SENATE 2635 Tilinois. I am sure that if the people of disorganized by interruptions; I should measure up to the standard of every other North Dakota feel that they are in­ like to present it, if I may, in what occurs Member of the Senate. I think they did capable of scrutinizing the candidates to me tcr be a chronological order. a wonderful job, but I do not believe, Mr. who offer themselves for election there, Mr. ELLENDER. Since challenges are President, the fact that 13 members came in the Senator froni Illinois they have a being made I desire to make one chal­ to a conclusion, contrary to the conclu- very intelligen.t, a very industrious, and lenge to the Senator from Illinois or to . sion of 3 other members, should have any a very capable guardian who will attempt any other member (Jf the Committee on particular weight. It is not altogether to protect them. Privileges and Elections, to show one uncommon in this country that the mi­ I now yield to the Senator from Texas. single solitary iota of evidence that con­ nority occasionally is right. Mr. CONNALLY. I interrupt only be­ nected LANGER with any of these matters. I claim to have been diligent in my at­ cause the Senator from Illinois made ref­ I want to say, as I have previously indi­ tendance on the committee meetings. I erence to the Senator from Texas. Let cated, that conclusions have been reached think I have been rather industrious. I me ask the Senator if it is not in the that are based on ,pure suspicion. The am sure I have not anything -of a per­ record that Mr. Lemke, who was a can­ majority of the committee have drawn sonal bias in the case, and I honestly didate against the junior Senator from their conclusions on mere suspicion, and could not agree with the majority; but North Dakota, discussed the so-called that is· all. I ·repeat, I challenge the I respect them in their disagreement; I bond transactions all over the State dur­ Senator from Illinois or any other mem­ know that they are sincere; I know that ing the campaign. Is not that in the ber of the committee to show one single they are earnest, and I know that they written sworn testimony? solitary line of evidence connecting are conscientious. Mr. MURDOCK. There is no question· LANGE• with any of these deals. . Mr. STEWART. Mr. President, the about that. Mr. LUCAS. Mr. President, there is ·senator intimated that there might be Mr. CONNALLY. Is it not also true only one thing I want to say in reply to one member of the committee who was as to the land transaction that a consid­ the Senator from Louisiana. The 13 unworthy. If we are not indulging in too erable period before the campaign the members of the committee who sat for many presumptions, I should like to know deeds were on file in the public records, weeks and months investigating every whether the Senator would object to be­ revealing the whole transaction? line of the testimony reported that there ing specific. Mr. MURDOCK. Yes; and they were was such evidence, and when the Senator Mr. MURDOCK. I happen to be a referred to in the campaign. makes that sort of a challenge he makes member of the committee, and I am a Mr. CONNALLY. They were dis­ it against the 13 members of the commit­ modest sort of Senator-- cussed. tee in the majority. Mr. STEWART. If the Senator had Mr. MURDOCK. And the charge was I fear the Senator from Louisiana is reference to himself, I wish to say that, in · made, I think, of $25,000 having been one of those individuals who want proved my opinion, he ranks as high as any paid for land by one of the bond sales­ every link in the chain; but he is familiar other members of the committee, even men to Mr. LANGER. That is in the with many cases in which circumstantial though he did not agree with the ma­ record. evidence was involved, if he has had any jority. Mr. LUCAS. Mr. President, will the lawsuits at all he also knows that the Senator yield? Mr. LUCAS. I wish to join in that court said in the Fall-Doheny case that statement. Mr MURDOCK. I yie!d. it was not necessary to prove the actual Mr. LUCAS. I challenge anyone to Mr. MURDOCK. I thank the Senators transfer of the bonds in that case, which very much for what they have said. find in the public records that Brunk, of was the meat of the transaction, and no Iowa, paid the respondent $56,000 for one could be found to furnish that proof. Mr. DANAHER. Mr. President-­ land which was bought "sight unseen" It is necessary to make some inferences The PRESIDING OFFICER. Does the and that is the basis of the charge of · in connection with such matters. If the Senator from Utah yield to the Senator moral turpitude growing out of the bond Senator can get comfort out of these from Connecticut? transaction. transactions about which he knows Mr. MURDOCK. I yield. Mr. MURDOCK. I admit frankly that and which, apparently, he has read, and Mr. DANAHER. A few minutes since the details were not brought out as they can go along with them, that is perfectly the Senator was reading from volume 2 have been here, but if the circumstance, all right with the Senator from Illinois. of Hinds Precedents, at page 859. I do in substance, was even indicated to the I merely want to suggest to him that not think it is sufficient merely to refer . opposition and they did know something some members of the committee who sat to the committee report. Hinds, in re­ about it, if we cou1:.::1 not trust them to get for months in this case are just as much cording the case, specifically points out to the bottom of it, then I fear that we interested in doing the right thing as is that a question was taken on the motion · have not the facilities to do it. the Senator from Louisiana. to expunge the following words: Mr. ELLENDER. Mr. President, will Furthermore, I wish to say to him that They think that in a case of this kind no the Senator yield? I have no personal interest in this case, person can be held to answer for an infamous Mr. MURDOCK. I would rather get one way or the other, and neither has crime unless on a presentment or indictment through with what I call my legal argu­ any other member of the committee who of a grand jury, and that in all such prosecu­ tions the accused ought to be tried by an ment. sat in the case for many months; yet impartial jury of the State and district where- Mr. ELLENDER. I should like to the Senator seems. to think that it is . in the crime shall have been committed. If make an observation, if the Senator will strange that 13 men, who studied the evi­ in the present case the party has been guilty permit me. dence. day after day, and who sat week in the manner suggested, no reason has been The PRESIDING OFFICER. Does the after week, could come to the conclusion alleged why he has not long since been tried Senator from Utah yield to the Senator they did. in the State and district where he committed from Louisiana? Mr. ELLENDER. Mr. President-­ the offense. Until he is legally convicted, the Mr. MURDOCK. I yield. Mr. MURDOCK. Mr. President, I shall principles of the Constitution and of the common law concur in presuming that he is Mr. ELLENDER. The record will show refuse to yield further at this time. innocent. that Clyde Duffy who investigated the The PRESIDING OFFICER. The Sen­ bond deal for Governor Moses, testified ator from Utah declines to yield. Mr. President, the motion to expunge that the matter was brought to the at­ Mr. MURDOCK. The Senator from that language was expressly made the tention of the people, that his report was illinois, Mr. President, has said on two - subject of a vote, and it failed to carry. made public, and that the figures were or three occasions that 13 members of If the Senator will bear with me fur­ published before Senator LANGER was the Committee on Privileges and Elec­ ther, I should like to tell him that the elected to the Senate. In other words, tions came to a conclusion after diligent old volume I hold in my hand, one of the the people knew about the bond deals and work. I agree with him that the commit­ treasures of my own law library, pub­ · charges and countercharges were made tee was diligent; I want to agree with lished in 1795 by a man named Zephaniah with respect to the entire subject matter. him that it is composed, with perhaps one Swift, who served in the Congress of the Mr. MURDOCK. I believe the Sena­ exception, of some of the highest grade United States as a Federalist from 1793 tor's statement is correct; but I think men in the Senate, and I do not know of to 1797, was the first law text written he is anticipating my argument on the a member of the committee, with the ex­ and published in the United States. It facts. My statement is becoming rather ception probably of one, who does not was entitled "A System of the Laws of 1 2636 CONGRESSIONAL _RECORD-SENATE MARCH 18 the State of Connecticut." It was writ- Mr. President, in the absence of any ex­ _ing might and populations, to rule out ten under the patronage system which elusion at common law-and there was .the Representatives, the duly elected Sen­ then prevailed. George Washington none except for treason and high felony, ators, of the smaller States. After the headed the list of subscribers and dis- in the ab~ence of exclusion eo nomine, by Constitution provided certain disqualifi- tingui_shed patrons; in fact, he ordered the statute itself-and there was none .cations, they expressly saved to them­ two. sets of the work. except insofar as disqualifications were selves an additional protection by re­ Zephaniah Swift went on to become stated in the Constitution.:_it followed quiring expulsion only on the basis of a secretary to Oliver Ellsworth in his mis- that no power to exclude wo-uld lie. two-thirds vote of the body questioning sian to France; he later became a judge It seems to me that the contempora­ the right of a particular Member to con- of the superior court, and, finally, chief neous opinion and judgment of a man of . tinue in the body when expulsion was justice of the State of Connecticut. He such eminent learning and qualities as under consideration. I have indicated was unquestionably one of the most fa- Mr. Justice Swift has bearing in relation why _they reserved that right, why we find mous of the early American lawyers, a to Hinds' Precedents, which gives the -disqualifications, not qualifications, man who ranked among the greatest the · language quoted by the Senator from . stated in the Constitution. · Nation has ever produced, a man whose Utah an extraordinary character. I feel Thus, Mr. Pre.sident, .when we fin'd in work-Swift's Digest-even yet is re- . that it is a view which is entitletl to very the first 10 amendments, particularly in peatedly cited as precedent by the su- . great .weight and respect . . . the ninth and tenth articles, that the preme Judicial . Court of Errors of the I have ask-ed the indulgence of. the ~ powers , not expressly granted to the Fed­ State of Connecticut, and relied upon by Senator from. Utah to permit this inter­ eral -Governm_ent by the Constitution lawyers. ruption at this point merely iri_order that were reserved to the people of the States, He discussed the theory of government, the context and the record itself might and to the States themselves, they were with particular _attention to the theory unite these two lines of thought, the one retaining· to themselves the power al- · underlying the formation of the United· presented by Hinds, to which I previously -ready in existence of saying who were States of America and the relationship referred, and the other j~st quoted, be­ to be freemen of Connecticut, who were of the State governments; and, among fore. the Senator became engrossed in his to be electors, an(i who were to be quali­ other details, Mr. Justice swift wrote discussion of the factS of the case. fied to be officeholders in behalf of that specifically on t:ne qualifications of per- Since the Senator has yielded to me State and in this body. · . . sons to be elected members of the legis- thus far, I ask his forbearance while I Mr. President, I respectfully submit lature. He is using· the term "legisla- _make one further observation. that if we correlate .the views of Mr. Jus­ · ture" in.the abstract sense, and applying Mr. MUROOCK. I yield. tice Swift, with what .we know to be the it to the Congress as well as to the State' Mr. DANAHER. Since 1638 when at provisions of the Constitution of the . legislatures. Hartford the colonists compiled the first United States, the preceQ.ent cited by the 1 should recall further that this· val- written constitution the world had seen .Senator from Utah becom~ a. shining · . ume was in the process of its construe- and from ·1662,' when the Colony of Can­ ·and _singular landmark for. our guidance tlon and compilation only 5 years after necticut, ·uporr petition from its own citi­ in our consideration of the pending busi:- the incepti-on ·of · our -own United States' zens, gained its charter from King Char­ . n~s~. . _ · _ , of America. It was written ·at a time ·les, 'until' 1818·, there was·no· other consti­ I thank the Senator from Utah for per­ when this man as a· Federalist was· a . tution in the State of Connecticut. .mitting this trespass upon his time. Member of .the House of -Representatives: In 1776, when news of the Declaration Mr. MURDOCK. · Mr. President, I am a companion body of the congress. . He . of Independence reached Connecticut, tts .always glad to yield to the-Senator from said: . · it happened our general court, as ·the Connecticut. I constantly 'marvel at t1ow Every · freeman- · legislature -was called, · was in session. · the Senator from Connecticut can find · Word <;>f the Declaration -was ·brought to time to ~ gO:.into every important question In Conne~ti~ut at that time there was . . the general court, and· itsGovernor of North Dakota, accepted a that out as showing how far the enemies the indictment with conspiracy. After $4,000 bribe for issuing a pardon to a of Senator LANGER have gone in the effort the conviction, Senator LANGER, who was 1942 CONGRESSIONAL RECORD-SENATE 2639 then Governor, as I understand, filed a would not have been apprehensive of a · trust some member of the committee wiH motion for a new trial, which was denied. retrial of the case, especially in view of call the error to my attention. Governor Sentence was imposed, a term in the the fact that there was evidence that the ·LANGER was confronted with the fact toot penitentiary and a fine, i believe. Am jury had beeri tampered with? · he could not obtain a list of the jurors in I right about that? Mr. ELLENDER. Mr. ·President, will the first case, and had to go to trial with ~ Mr. LANGER. Eighteen months in the Senator yield for one observation out the opportunity of finding out any­ the penitentiary, and a fine of. $10,000. at that point? thing about them until the opening day Mr. MURDOCK. He . was sentenced Mr. MURDOCK. I yield. of the trial. I think it is common prac­ to serve 18 months in the penitentiary Mr. ELLENDER. The record also tice in the Federal courts to allow at­ and to pay a fine of $10,000. From .that shows, in connection with the jury tam­ torneys ·to know who are on the jury sentence he appealed to the Federal Cir­ pering, that although the State Senate lists, at ·least a f.ew days prior to the · cuit Court. of Appeals for the Eighth of North Dakota was ~ against Senator time of the trial. Governor LANGER was Circuit. LANGER-I.do .notk.ilow what the condition .advised by USHER L. BURDICK, now a While the case was pending .on appeal, I :was in the lower House-because of the Member of Congress, in the manner I .the. Lieutenant Governor- of North. Da­ ..jury tampering the Legislature of North · have stated, and after ·learning· that kota brought an ouster action before the ' Dak.ota adopted a resolution memorial,.. Judge Wyman, of South Dakota~ would Supreme Court of North Dakota to oust izirig Congress to change the ·method of ·try the next case, a man by the name of Governor LANGER from the governorship. appointing jurors and the manner of James Mulloy, a close friend at that time · Of course, on the. ouster of Governor .their selection by the court. All of which .of Senator LANGER, a -man who· had had. LANGER, the Lieutenant Governor WOUld goes to show that there must have. been I think, s_everal -favors conferred upon become the Governor. · ·$Ome . evidence to show ju:ry . tampering him in the way of appointments by Sen­ I do not believe there is another State -and ample justification on the part of the ator LANGER, Governor LANGER · at that in the Union where· · politics has been attorneys of. Senator LANGER to protect time, went to South Dakota to contact a ·more intense, more enthusiastically their client at the next · trial against a man by the name of Chet Leedom, for­ fought out, than in the State of North repetition ·of such tactics by his enemies. mer United _States-marshal in·South Da­ Dakota. ·There are not only a Republican Mr, MURDOCK. I' think t:Pat is cor­ kota, and a map reputed to be a friend Party and a Democratic Party in that rect. of Judge Wyman, or at least on friendly State but there is a Nonpartisan League, Mr. President, we now. come to . the terms with him, to see if he could.come and the Nonpartisan: League, as I un-· retr-ial of the conspiracy case. After up to North Dakota and keep his eye on derstand, is considered· a very progres- · ·Senator LANGER's reputation 'had been the activities of the .United States mar­ sive political party, which· has ~ br.ought 1 .blasted, after he had suffered the disgrace i .shal-a:rid the .clerk-· of the.court, ..or any about many so-called progressive tefoFms · of a Federal court conviction, after--he had 1 -other persons ' who might a-ttempt to in the State of North Dakota, o·ne of ! -been. sentenced .to prison a;ncL to .pay a ; tamper.·with ·the next jury. . selected. to which was the creation and establish­ large fine,. he was .again confronted with ' -tcy. Governor LANGER. ment of a State bank, another the crea­ the retrial of the case. His liberty and , Some ·· Persons may criticize and con­ tion and establishment, for the benefit hiS whole .life-were at stake in that. case. -demn. that type of-thing, but it was stated of the . farmers of North Dakota, ·of a Some persons in North Dakota .were inter- . here the other· day by the Senator from State mill and elevator. .ested in Senator LANGER, and one of them Montana EMr. WHEELER] that when he The record discloses· without any ques­ happened to- be P very distinguished was a United States district attorney he tion that during the first trial, in which Member of the House of Representatives, knew of but few cases in which that was Senator LANGER was convicted of con­ Hon. USHER BURDICK, with Wl''Jm I had not done. The fact Is that Leedom did spiracy, the jury was being tampered the pleasure and honor· of serving for go to North Dakota with Jimmy Mulloy. with, that the jurors were allowed to read . about six years in the House, and I chal­ While Leedom was there he did consid­ newspapers containing rather disparag­ ·lenge anyone in the Senate or anywhere erable drinking, considerable talking, ing and derogatory articles against the ·else to say anything against UsHER BuR­ but he did keep his eye on the United defendants. In that case, as I recall, DICK. As I recall the evidence UsHER States marshal and on either the clerk ·both the United States marshal and the BURDICK had shortly before that time · or the deputy clerk handling the case, clerk of the court were found tampering ·been an assistant United States attorney, . as attendants of the court, and found with the jury to some extent. I think and he called on his friend, Governor ' out that there was another attempt to that fact was brought to the attention LAN.GER, who had been ousted after having tamper with the jury. It was reported to of the judge, Judge Andrew Miller. been convicted on the conspiracy charge. one of the attorneys for Senator LANGER After Governor LANGER was ousted by The advice of UsHER BuRDICK to Governor and he brought it to the attention of the the supreme court of the State, a deci­ LANGER was, first, to get a lawyer with court, and Judge. Wyman called it to the sion was handed down by the Federal courage to stand up in court and see that attention of the United States marshal circuit court of appeals before which was his rights were secured. After he gave and admonished him that such things pending the appeal fro:m the conviction him that advice he recommended some must not happen again. So it seems on the conspiracy charge, and the Fed­ attorney to him, and if I am not mistaken that, in order to get a fair or impartial eral court held that t-he evidence in the the attorney was Francis Murphy, and trial in that case, it was necessary for conspiracy case was insufficient to justify certainly any Senator who observed Fran­ Senator LANGER, for his own protection, a conviction. That was the ground of cis Murphy before the Committee on to -have someone watch the clerk and reversal, that there was not sufficient Privileges and Elections can not help the marshal. evidence to justify the conviction in the but agree that USHER BURDICK gave Gov­ The trial of the case was completed. trial court. But the conviction in the ernor. LANGER good advice wben he told The jury ·disagreed. Exactly the same trial court had resUlted in the ouster of him to get Francis Murphy to defend him. _evidence was presented at the second Governor LANGER from the highest office Francis Murphy is a great lawyer, and in trial as was presented -at the first. Not in his State. that of Governor, and it ' my opinion is absolutely honorable, eth­ one additional scintilla of evidence was resulted in a sentence that Senator i ical, and highly intelligent. offered-against Senator LANGEtt. No new LANGER should pay a fine of $10,000 and Then Representative BuRDICK, an ex:. witnesses were called, but the same evi­ serve a sentence in the Federal peniten­ United States district attorney, advised dence was submitted which the Circuit tiary of 18 months. WHI any Senator Governor LANGER to do something else, Court of Appeals had said was insuffi­ rise on this floor and say that under those which was to hire someone to watch the cient. What I cannot-understand is why circumstances Senator LANGER was not next jury, to be there and see that the Senator LANGER was not ·entitled to a justifizd in being apprehensive of a retrial clerk of the court and the United States directed verdict by the judge trying the of that case~ Here was a man ousted marshal did no jury tampering in the case. Certainly the judge knew that the from the office of Governor, to which next trial. Senator LANGER was also witnesses were the same and the evidence office he had been duly elected, and sen­ confronted with the fact, as the record was identical to that in the first case. tenced to serve for 18 months in the . shows, that he was unable in the first Certainly it was called to his attention Federal penitentiary and to pay a fine . trial to obtain a list of the jurors until that the Circuit Court of· Appeals had -of $10,000. Is there a Senator here to­ the (lay the case was called for trial. If held that evidence insufficient, and had day who, under such circumstances, I am wrong in making that statement 1 reversed the case. But the court did not 2640 CONGRESSIONAL RECORD-SENATE MARCH 18 give an instructed verdir.t. The case was Judge Wyman to North Dakota? What Mr. BuRKE. There was no doubt 1n your submitted -to the jury, which disagreed, does the evidence show on that particular mind, was there, that the party on the .other end of the line and the party talking in yuur making it necessary for Senator LANGER question? presence were talking as if they undersfood to be tried again, the third time on the Mr. President, if Senator LANGER is who was meant- by "the other fellow"-that conspiracy charge. · · unseated, he should be unseated on the · you were the other fellow? Before going to trial in the second record-not by presumption, not by Mr. WYMAN. No; he did not say that. In conspiracy case, Governor LANGER, know­ imagination, but by what the record it­ his conversation with Mr. LANGER he said. "I ing the bias and prejudice of Judge An­ self discloses. On this particular point will bring another fellow." drew Miller against him and his code­ .we have three witnesses. We . have That is Gale Wyman's testimony on fendants, filed an affidavit of prejudice Jimmy MulloY, Gale Wyman, and Sen­ that question. So all Senator LANGER · against Judge Andrew Miller to disqual­ ator LANGER. heard from Jimmy Mulloy over the tele­ ify him from trying the second con­ Who is Jimmy Mulloy? Jimmy Mulloy phone was, "I can bring another fellow," spiracy case. I think the record dis­ is a Judas, a former friend of Governor LANGER, a man Who had received favors or "I am bringing another fellow." closes without any question that Judge On cross-examination Mr. Burke at­ Andrew Miller was prejudiced. He even from Governor LANGER, but who, for some reason, some time later decided to do tempted to get him to say that Senator wrote the presiding judge of the circuit LANGER knew who was coming. At the court that he might be prejudiced. As I everything in his power to betray him and destroy him. He was not only a top of page 131, in answer to that ques­ understand the record, he had never be­ tion, Gale Wyman said: fore had to stand aside in a trial by rea­ Judas, but a self-confessed criminal. son of bias or prejudice, and he was a During his examination the Senator from No; he did not say that. In hiw conversa­ Illinois [Mr: LucAs] said to him, "Mr. tion with Mr. LANGER he said, "I will bring little touchy on that point, and did not another fellow." want to have to disqualify himself by Mulloy, being a self-confessed criminal, writing a letter to that effect to the we have the right absolutely to disregard On the question as 'to whether Sen­ presiding judge. He was asked by the your evidence unless it is corroborated ator LANGER knew th~t it was Gale Wy­ attorney ·for Mr. LANGER to step aside, by some other witness entitled to belief." man who was coming with Jimmy Mulloy but he did not do so. That was the statement by the Senator we have the statement of Gale Wyman, Senator LANGER, then the ousted Gov­ from Illinois to Jimmy Mulloy. at least two or three times in the record, ernor of North Dakota, in order to dis­ The testimony of JimmY' ·Mulloy is, in emphatically saying, "No! he did not say qualify Judge Miller, had to file an affi­ substance, that Senator LANGER knew 'the other fellow'; he did not say Gale davit of prejudice, which he did. Pred­ that Mulloy was bringing Gale Wyman. Wyman, but he used the expression, 'an­ icated on the affidavit of prejudice, .Judge Senator LANGER's testimony is that he did other fellow.'" Andrew Miller caused to be flied against not have any idea whom Jimmy Mulloy Senators can make their choice as to the defendant and the other signers of was going to bring; that in his conversa­ whether they will believe Jimmy Mulloy, the affidavit a charge of perjury, and tion with Jimmy Mulloy, Mulloy said, "I who is uncorroborated, a self-confessed Senator LANGER was indicted on a perjury can bring another fellow." criminal and a Judas of the worst kind, charge at the instance of the judge who When Gale Wyman was on the stand to Senator LANGER, or whether they will tried him in the first trial. before the committee, he corroborated believe the statement of Gale Wyman, During the trial of the perjury charge Senator LANGER, and not Jimmy Mulloy. corroborated by Senator LANGER in a Senator LANGER wanted. Leedom back Gale Wyman's testimony on this point is number of places. again to watch the jury that was to try found on page 116 of what has been M.r. President, I do not think it was him in that case. His experience in the veferred to as the Little Green Book. proper for- Gale Wyman to go to North first conspiracy case and in the- second This testimony ·is not taken from the Dakota and neither do other· Senators; one had convinced him that there was great hodge-podge of affidavits and the but I call attention to the fact that after tampering with the jury, ap.d he cor­ great volume of testimony .in the cloak­ he had arranged with Jimmy Mulloy to rectly anticipated further tampering, or room. This testimony is found in the go there-as he said, not to do anything at least another attempt to tamper. . Little Green Book. It was given by Gale out of the way, not to do anything except Mr. Mulloy was sent to South Dakota Wyman on the witness stand before the to go there and .square Jimmy Mulloy to bring Leedom back. According to the co~mittee. Gale Wyman said, as . re­ with Senator LANGER, because, as Wyman record he found Leedom in such condi­ corded on page 116: said, Jimmy had gotten "in bad" with tion that he could not bring him back. Mr. WYMAN. I do not know what he­ the Senator and needed somebody to He called· Senator LANGER on the tele­ Speaking of _Leedom- straighten him out. Before he went he phone and advised the Senator that called his father, Judge Wyman, who was Leedom was not in fit condition to return had to go back there for. I did not at that presiding at the trial. He told Judge to North Dakota to attend the perjury time. After this conversation with Jimmy- Wyman that he was going there. trial. But in the telephone conversa­ Mean_ing Jimmy Mulloy- The majority in their report condemn tion between Mulloy and Governor and before he called BILL LANGER in my Senator LANGER in no uncertain terms LANGER, after apprising Senator LANGER office; we had been discussing this kind of a for having Gale Wyman go to North of' the fact that Leedom could not come, situation, and he called Bill- Dakota, even with the record show1ng Mulloy advised him that he could bring Meaning BILL LANGER~ that Senator LANGER did not know who "another fellow." It seems that quite a from my office, he asked me whether he was- coming. There is · not one syllable bit hangs on the question whether Mulloy could, and I said "Yes," and he called him. or scintilla of criticism of Judge Wyman · said "another -fellow" or "the other fel­ He had a. very short conversation with him, for not telling his son not to come, when low." It seems that that is very impor­ stating to him it wa.s impossible for him to the son called from South Dakota and tant in the case-whether in the tele­ bring Chet back there, that he was in the told the judge that he was coming. I hospital, a.nd that he was bringing ·another phone conversation between Mulloy and fellow. cannot see much distinction. If we are Senator LANGER, Mulloy described the man Mr. BURKE. Also a reporter for a farm news­ to criticize Senator LANGER, whose life, to whom he referred as "the other fellow" paper? reputation, and very all are in the bal­ or "another fellow." I think the Senator Mr. WYMAN. No, sir; he said he was bring­ ance, and who is on trial for having some­ from Colorado [Mr. MILLIKIN] saw the ing another fellow- body watch a jury when he had had his significance of the two phrases when he That was the second time he said it­ experience with jury tampering, I can­ asked some questions the other day of the not criticize him too severely without also and that is all he said, and I could not hear Senator from Illinois [Mr. LUCAS]., the Langer part of the conversation. After criticizing someone else. To me such an I suppose the question in which the he had found out from Bill it was going to be attitude is not fair treatment. Senate is interested is, Did Senator all right to bring this other fellow. why, then, Mr. BONE. Mr. President, Will the LANGER know that Jimmy Mulloy was go­ he told me, he says, "Well, you have got to go Senator yield for a question which takes ing to'bring to the State of North Dakota to North Dakota with me." us off the beaten path of his presenta­ Gale Wyman, the son of Judge Wyman? I read from page 131 of the little g1een tion? That seems to be the point of interest. book. Mr. Burke, attorney for the peti­ Mr. MURDOCK. I yield. Did S~mator LANGER know that Jimmy tioners against Senator LANGER, asked Mr. BONE. I have not had the oppor­ Mulloy was going to bring the son of this question: tunity to read the entire record in the 1942 CONGRESSIONAL .RECORD-SENATE 2641 - green book, because there are several_ Another aspect of the matter has in­ very clear in our minds, and should real­ · hundred pages of rather fine print. trigued me, and I · hope it will be dis- , ize that what we are called upon to do Mr. MURDOCK. The Senator under­ . cussed further by other Senators. · Sen­ is to pass judgment on· Senator LANGER's stands, does he not, that Senator LANGER ator LANGER was put on trial in the court, relations with human beings in North is being tried not only on the basis of the and was acquitted of the charges. He Dakota, · entirely apart from anything green book, but also on the basis of the was again put on trial before the people, that challenges the validity of his "grab bag" in the cloakroom or in the in the forum of public opinion. If there election. · hall-! d'o- not know where it is. One was discussion of those matters-and, Mr. MURDOCK. I thoroughly agree can reach in and pull out affidavits, pub­ .certainly, the avenues of opportunity are with· the Senator, and I should say that . lications, and statements which are not n~t closed to critics -of a man's. acts; I if there were any evidence in the record even· in the green book. have never found it to be so in the north­ about the debauching of an election, I Mr. BONE. I understand that some western section of the country...... :then, believe I should be one of the first Mem­ · of the matters were regarded as so ir­ obviously, the people who. went to the bers of the Senate to rise and to say to . relevant as not to be worthy of a place ballot box and who exercised the process 'Senator LANGER, "No; you cannot come in the green book which was put on our of selection by the arbitrament of the in the door of the Senate Chamber." · desks for our information. Because of ballot box, could pass judgment on Sen­ The whole gist of my argument is that that situation, obviously we must disre­ ator LANGER and· could qualify him, for since there has been a fair election ac­ - gard such matters, because, if they have whatever that was worth. cording to State laws, and since the man · a part in this case, they are not before However, it seems that we ·have ·put has been duly declared elected, and there - the Senate. him on trial for a third time, and he has is no question as to his constitutional I am wondering if there is any evi­ been placed in jeopardy three times. qualifications, we have no right to refuse dence which has been produced for the Such a procedure is a rather novel .con­ to permit him to take his seat in the Senate which indicates that Senator cept of the law; and, yet, I am not chal- Senate, and after he is seated we cannot LANGER in his election to the Senate de­ ·lenging the right of the Senate to adopt unseat him except for misbehavior in the bauched and corrupte0 the election and it. I view it only as a rather novel as­ Senate, and then only by a two-thirds the voters in the election, and secured his pect of the case. I do not like to see a majority. seat in the Senate by corruption of that man tried three times; I think such con­ Mr. BONE. May I impose again upon sort. I ask that question because the troveries should .come to repose some­ the Senator's .good nature? Smith ·case has been referred to; and, of where along the line. What "sticks in Mr. MURDOCK. Yes; I am always ' course, in the mind of everyone who tries· my craw"-to use a Western expression- happy to yield to the Senator from Wash­ to reach a conclusion in such a matter as - is the fact that people of North Dakota ington. ; this there is a vast distinction between had discussed these matters. If Senator . Mr. BONE. There is another aspect of · a man who buys an election and a man LANGER had spent a great deal of money, the problem which occurs to me and whose persona] relations with someone and if there had been the circumstances which in suggesting I presume I again - might be distasteful to . certain Members' disclosed in the Smith case and the New- part company with those who consider of the Senate. . . . - ' , ber!Y . case-cases in. which an election: -the ·strictly technical legal aspects of the In the remarks and the views of the was debauched, but in which the man was case. There is certainly an odd facet of minority, at page 50, I note a reference to .not made .the butt of criticism because the ·case; an aspect of it about which a a .statement made by Senator Voorhees, of some personal ope~ations-the pend­ layman has asked me; Although the of Indiana, who was a; very able Senator, ing case would present to my mind an' Members of the Senate who are lawyers in discussing a case called the Roach entirely different picture. probably will not find any complication case. Jte said, speaking of the Roach I do not want to make an argument on in it, for they are accustomed to the oddi­ case....:_! do not desire to refer to it at any this matter-- ties of the law ·and are accustomed to len~th: · dealing with legal a.'3sumptions and legal Mr. MURDOCK. The Senator is ·not. ·fictions, nevertheless, we find the situa- If charges are made that a man used fraud, doing so at all. was guilty of corruption, bribery, or other . tion to be · that if the Senate in its wis­ · Mr. BONE. But I desire to inquire of dom should · determine that Senator improper · conduct before his legislature in the able Senator from Utah, whose skill ' secu~ing ~is el~ction- . LANGER has been guilty of some offense and ability and judgment I admire, as I which is so obnoxious and so distasteful . I assume that it was a case in which the admire the ability of the Senators who · and· repugnant from the view-point of an legislature elected the. Senator; of course, presented the other side of the case-and individual Senator that he would want to at that time it was the practice for the they have done a good job-if there is repel Senator LANGER and prevent him , _ State legislatures to elect. Senator:s, and anything in the picture to indicate that. from remaining a Member of the Senate, out of such practice corruption some­ Senator· LANGER and his friends de-. . yet if the offense were something that times grew- bauched the election in North Dakota? was not shocking to every Senator, but the right to investigate- Mr. MURDOCK; Absolutely nothing; only to some, under the one theory pre­ and the majority of the committee are sented a bare majority of the Senate The right considered in the pending very frank in their statement that no could send Senator LANGER away-51 case- such thing was charged. . In the original percent of the Senate voting "aye'! on arises, because, if such charges are true, he petition, as I recall, there were some alle­ that issue. has not been elected at all according to law, gations that there had bee·n irregularities The other day a layman said to me, but according to fraud. in the election; but the subcommittee "How is it that if Senator LANGER had Of course, as I view the problem which which was ·headed by the Senator from been duly ·seated in the Senate, and no is before us, the situation is altogether Illinois [Mr: LucAs] in the subcommittee question had been raised, and he should different from that involved in the Smith report, states· that there is rio evidence, be guilty of the heinous off-ense of mur- · case. I may not altogether like what or at least not sufficient evidence, to war­ der or treason, it would take two-thirds Senator LANGER may have done in con­ rant the whole committee's going into of your body to expel him, whereas for nection with some matters; but in the · charges concerning the election. So they some infinitely lesser offense, something Smith case an election was obtained by were thrown overbnard. less challenging or less offensive to the the excessive use of money, as in the Mr. BONE. Then we may, as a jury, good taste 9f a Member of-the Senate, Newberry case; and of course, if seats in in effect repel any inference or suggestion only 50 percent of you are required to the Senate are to be "hocked" in a polit­ or thought that there was any debauch­ vote against him in order to oust him?" ical campaign, the· Senate will no longer ery or corruption in the election proceed­ I said, "My dear sir, I have spent half be a proper forum in which justice shall ings. Is that correct? . .. my life in the courts, in trying lawsuits, prevail;· but under such circumstances Mr. MURDOCK. Oh, yes; there is no but I have never tried to explain to ordi­ the Senate would present an intolerable question about it. nary. human beings the vagaries of the picture to the people of the country, and Mr. BONE. I desire to get that point law." . such a situation would mean the death of clear in my· mind . .I have not heard it I .have spent much time on both sides our · system of representative ' govern-" discussed as yet, but !':think .that if ·such - of the triaLtable, as most. lawyers have ment. be the case, we should get the matter done-now I am looking at the Senator 2642 CONGRESSIONAL RECORD-SENATE MARCH 18 from Ulinois and the Senator from Loui­ LANGER and others to do something which said she was a very charming and per­ siana, who is smiling at me; and. they is not explained to me. . sonable lady juror, and there may have probably will agree with me-· - Mr. MURDOCK. I think· the Senator been on the part of the attorney some­ Mr. OVERTON. I am smiling because should stay with the record. thing more than a desire. to speak to her I agree with the Senator. Mr. CHANDLER. I will. merely in her capacity as a juror. It Mr. BONE. I am sure many Members Mr. MURDOCK. There is no evidence seems, however, that the attorney took of the Senate who have had much legal that anybody except Senator LANGER paid the lady juror out for a party While the experience will agree with me that there Gale Wyman a dollar. case was being tried, and one tlay he was is no accounting for many of the things Mr. CHANDLER. Gale Wyman said discovered on the river bank with the that the law stands for. I have had he got the money. lady juror basking in the sunshine, nei­ many laymen ask me if I would explain Mr. MURDOCK. Yes; through Sen­ ther of them more than scantily clad. to them some of the vagaries and ap­ ator LANGER. Most of us thought it was at least some­ parent inconsistencies of the law; and in Mr. CHANDLER. I say that he got what irregular for an attorney for the reply to their inquiries I have said that, the money-- defense to take one of the lady jurors­ in trying to determine what a jury may Mr. MURDOCK. Yes; but there were during the trial of the case and enter­ do-and I have heard some persons say no others. tain her on the river bank in scanty that never can be determined-! have Mr. CHANDLER. When Senator LAN­ bathing clothes. found some things too thick to swallow. GER was to be tried before the father of I am wondering what might have hap­ Of course, it is well known that it is the boy. In my memory of· 20 years' pened in that case in respect to the size not uncommon for a lawyer representing practice there has been brought no of the verdict if this very engaging, per­ a large company which is being sued, to charge against a fellow for trying to fix suasive, pulchritudinous, and, perhaps have a rather thorough check made of a jury or trying to buy a judge's son, curvaceous, young lady had · been per­ the temperament and viewpoint of the which was the upshot of the matter in this mitted to continue to enjoy the company prospective jurors. Such a lawyer wil~ case. I would not say that representing of the counsel for the defense. I never want to know the temperament and at­ a client I would not find out who was on blamed my brethren who represented the titude of the prospective jurors-the the jury panel, and, if I could, find out plaintiff in that case for being sufficiently members of the panel-and he will call what their likes and dislikes were, and interested to employ a detective to check some man and will say to him, "Will You I should like to find out whether the up and ascertain what was happenjng check on John Doe and Richard Roe, in jurors were for or against the proposition to the lady juror. As the result of this this panel, and see what sort of chaps I was getting ready to uphold. I wanted particularly maladroit operation, the they are, and what viewpoints they have? to see whether I could clear the Sena­ counsel who was entertaining the charm­ I am representing the X. Y. Z. Railroad tor's idea about what the discussion was ing lady juror was disbarred, for it was Co., and I should like to find if any of the other day. not .considered good practice in my State "" these fellows have any inherent prejudice Mr. BONE. Mr. President, I do not to do things of that kind. Subsequently, against railroad companies, because we want to take up too much of the time of for some obscure reason, the court rein­ are being sued here by a fellow who claims the Senator from Utah. stated hini, since tampering with . the to have suffered a broken leg, or a broken Mr. MURDOCK. If the Senator will jury was not looked upon there as seri­ back, or a broken head, and we should permit me, I hope the Senator does not ously as it should have been regarded. like to find out whether these prospective get the idea that the situation, accord­ I mention this because I doubt if any jurors hate the railroad company." ing to the record, is just as the Senator of the veterans of the bar here have not One does not have to hate a railroad. from Kentucky has related it. had experience& which, perhaps, are company to understand the necessity of Mr. CHANDLER. I think it is just as somewhat similar. I chance to observe a lawyer_for a railroad company trying I related it. some of them here. and,. as I look around to find out what sort of jury he might Mr. MURDOCK. Of course, I doubt and see them, I do not think any of them prospectively h~ve to face. That jurors that we have time to go into it now or would t:ndertake to fool me for a minute. have been tampered with is too ominous that it would be fair to the Senate to do They are good lawyers, and, I am sure, and shady a part of the legal history of_ so, but I am very much interested in in their experience, they have seen many this country not to attract the attention knowing where in the record that type of "funny" things happen, including at­ of any lawyer who is capable of prac­ evidence is to be found. tempts made to manipulate jurors. ticing law. If there is a lawyer in this I now yield to the Senator from Every member of the bar has a feeling, body who should come to me outside and Washington. "Well, perhaps something might hap­ honestly say, "I never heard of that kind Mr. BONE. Mr. President, I am not pen"; but every member of the bar, every of business," I should want to make a assuming any particular state of facts; I man with professional honor, knows, cautious inquiry of his practical experi­ am merely pointing out, as my powers of first, that he would violate all the ethics ence, because I know full well that almost observation have permitted me to per­ of his profession arid violate his profes;.. aU lawyers have had such experiences. ceive, what is going on about me. I have sional oath if 'he should speak or should Mr. CHANDLER. Mr. President, will noticed that lawyers on both sides of a . have anyone else speak for him to a juror the Senator yield?, case try very thoroughly to understand or attempt to tamper with a jury. I can Mr. MURDOCK. I yield to the Sena­ the temperament ap 1 the viewpoint of forgive any lawyer for wanting to know tor from Kentucky. prospective jqrors, so that they may ade­ what is happening sometimes when he Mr. CHANDLER. I should like to en­ quately represent their clients. That sees "funny" things going on, as in the ter into the discussion of that point, be­ does not imply doing anything wrong, bu!. condemnation case I have just described. cause I think the Senator may have every lawyer knows that there are canons Mr. STEWART. Mr. President, will missed a point that was made the other of the American Bar Associr..tion and the the Senator from Utah yielc to me? day. It was not that a man may not look State bar associations that make it a Mr. MURDOCK. I yield; but first I into the jury to find out what their prej­ vtry serious offense for a lawyer. to tam­ wish to thank the Senator from Wash­ udices may be, unless he knows them, but per with a jury. ington for his contribution. that he does not hire somebody after I digress for a moment to refer to a Mr. STEWART. The Senator from a case has been submitted to jury to case in my own State not long ago. As Washington always- makes delightful watch the jury and that he does not hire I recall, a condemnation case was bein5 · contributions, and I was so engrossed in some man to fix the judge or fix the tried, involving a water system which was his recital and enjoyed it so much that jury. I practiced law for more than 20 being acquired by a city. I also forgot to ask the Senator to yield years in my county, and I will say that If my memory serves me aright, one of before the subject was left entirely be­ in my memory I never heard of any the attorneys for the company whose · hind. charge being made that anybody ever property was being taken under the con­ A few moments ago, during his colloquy hired any one else to fix the jury or to demnation proceedings in the midst of with the Senator from Kentucky, I un­ watch a jury or to fix a judge. In this the trial was suspected of having entirely derstood some question was raised about case we have the suspicious circum­ too much interest in one of the lady there being no testimony that any other stance of a judge's son having been em­ jurors. It was not my good luck to be money was paid to Gale Wyman than ployed by someone and paid by Senator there, but gentlemen who were there that which Mr. LANGER paid direct. 1942 CONGRESSIONAL RECORD~SENATE 2643 Mr. MURDOCK. I said so far as the either by the man himself or by his agent, Mr. CHANDLER. I am not going to record· disclosed, according to my humble seem to be suspicious. engage in an argtiment if the Senator opinion, there is no evidence in the rec­ Mr. MURDOCK. I will not agree with cuts ·me off. ord at all that anybody paid anything to the Senator in.that. The Senator has his Mr. MURDOCK. · I will not cut the Gale Wyman except Senator LANGER him­ right to that conclusion. Senator off. self; the record, as I understand, is to Mr. CHANDLER. It is a suspicious Mr. CHANDLER. Very well; I will the effect that, through Jimmy Mulloy circumstance to me . . I wish to call at­ remain here, then. I cannot answer if and Chet Leedom, he was paid $250 at tention to the testimony on page. 119, the Senator cuts me o-ff. · one time, and, then when the perjury where Senator Burke was questioning Mr. MURDOCK. Does the Senator case came up Senator LANGER gave Jimmy Mr. Wyman, and said: take the· ·position tna.t J'udge Wyman was Mulloy a check for $275 which was de­ Would you want to give the committee any in any way influenced in the conduct of livered to Gale Wyman. reason why, upon going to the hotel in North the perjury trial by any person whatso­ Mr. STEWART. . By Mr. LANGER him- Dakota, after having visited with your father, ·ever? self? . . you registered under an assumed ~arne, Mr. CHANDLER. I do not think he Mr. MURDOCK. The check was made knowing, as I assume you did as a lawyer, · was, but .the intention was to influence that it is a misdemeanor I believe under the by Senator LANGER, delivered to Jimmy laws of the State of North Dakota, as well as him, and money was. paid to influence Mulloy; the check was payable to Jimmy generally? Why did you follow that course? hiin. Mulloy as payee, endorsed; and then de- Mr. WYMAN. Because I felt like I should not Mr. MURDOCK. The intention of livered to Gale Wyman. . have been there in the first place. whom? Mr. STEWART. I have picked out the · Mr.- BURKE. Ah! You knew all the time Mr. CHANDLER. His son was sought testimony which shows exactly what the you should not be in the matter at all, did out for the purpose of having some in­ Senator says. I notice that Mr. MulloY, you not? -fluence with his . father, because they Mr. WYMAN. Yes, sir. on page 19 ·of the record, testified: Mr. BURKE. And you have regretted it knew in adv~hce that he was going to Mr. MULLOY. Mr. LANGER handed me five many times, that you took the $500 or had be· assigned from South Dakot:;t .to try $100 bills, and I delivered them over to Mr. anything to do with it? this case. Chet Leedom in the Grand Pacific Hotel. Mr. WYMAN. That is true. Mr. MURDOCK . .Will the Senator That was the money that was to be sent to point out in the record where he finds Gale Wyman·. That is' just one of the things which -the evidence to arrive at that conclu- the Senator from Utah apparently can , ·sian? · Certainly that entire. $500 was SPnt to · Gale Wyman, Gale · Wyman being, of reconcile among the charges, which were · Mr. CHANDLER. It is there; I have course, the son of tne judge. Skipping not brought by us, which were brought . read it·· many times. The_Senator has over a question or two, I read the follow­ by people from North Dakota. · asked me the question, and I am under- Mr · MURDOCK. The Senator has taking to answer him. Let me· answer. ing: been reading the evidence? Mr. MURDOCK. 1 yield. · Mr. MULLOY. Well, on the second trip that Mr. CHANDLER. I am reading the Mr. CHANDLER. To the eternal I made down, that is, to get Leedom for_the , testimony before the committee. · · credit of tfie judge, I .do not think.it had perjury trial, when I talked to Gale Wyman 1 in Deadwood, he told me that Leedom had. Mr. MURDOCK. · The Senator sa;ys it ' · any influence with bim; but. it was ·in­ only sent him, my memory is, $250, that ~e is one of the charges I can reconcile. I tended to .. They sent a fellow to get tl}e · had only r~ceived r $250 of the $500. do not follow him in that. . judge's son, and paid him money; and he Mr. CHANDLER. I mean in reachingi went to North Dakota and registered at That was related, as I understand, to a final conclusion, the Senator reconciles1 the hotel under an· assumed name, and Mr. LANGER by the judge's son, Gale Wy­ that, at least to the extent that it did under cover did all sorts of things for man, when he visited Mr. LANGER in North not affect his decision with regard to which he was sorry later and said he . Dakota, and Mr. LANGER then paid him Senator LANGER's right to have· a seat in wished he had not been involved in-but the remaining $250 to make up the total the Senate. he took the money. · He was giVen the of $500, plus $25 which, I beliPve, was to Mr. MURDOCK. I believe every word money for 'the pUrpose of trying to have be additional expense money. · tre witness said there. I think it cor- him influencetl:ie judge. That was their Mr. MURDOCK. The Senator is cor­ roborates exactly what Senator LANGER purpose. I think' they failed, and the rect. told us. I think Senator LANGER, accord- money was wasted, but they did not in­ , Mr. CHANDLER. Mr. President, com­ ing to his own evidence, the minute he tend . to wast~ it. Merely because it did ing back to my original question-­ _ found Gale Wyman there, said, "I want not have the effect they intended it to Mr. MURDOCK. I inquire if the Sen­ you out of town." He said, "I would have does not mean that it was·a situa­ ator from Tennessee has concluded? have paid him a thousand dollars if he tion which they should not have ·brought Mr. STEWART. That was all .J de­ had asked it. I did not want him there: about. It is not decent, and is not hon­ sired to say. I would have paid to get him out of town." est, and is not right, in my opini-on. Mr. MURDOCK. I think the Senator. Mr. CHANDLER. He did not want Mr. MURDOCK. Will the Senator let has stated the matter correctly. him there after he found he was there, me ask a further question? Mr. CHANDLER. The Senator does not contend, then, that Senator LANGER and asked him for more money. Mr. CHANDLER. Certainly. is the only one that this fellow got money Mr. MURDOCK. No; he did not. Mr. MURDOCK. Can the Senator cite from? Of course, .it might have come Mr. CHANDLER. I do not blame him; anything in the record .to show .that from Senator LANGER, but did it .not go I would not have wanted him there; Judge Wyman knew his son was going through the other fellow? either. But this is a circumstance: Gale ·there before he reached there? Mr. MURDOCK: Yes; and I apologize Wyman is the son of . a judge, and the Mr. CHANDLER. I am not certain to the Senator for misconstruing what judge is going to sit in the case, and this tl:\at the judge knew it, but the son was he said. boy is ·paid something, for some reason, called there. Mr. CHANDLER. I do not want to be to try to fix the judge, although he says Mr. LUCAS. Mr. President-- inaccurate about it. he did not do it. ·Mr: MURDOCK. · Let us have the Sen- Mr. MURDOCK. We can agree that Mr. MURDOCK. There is nothing in ator from Kentucky answer. The Sen- Senator LANGER is the only person from the record to that effect. · ator is very .familiar with the record, whom any money went to Gale Wyman, Mr. CHANDLER. I hope the .Senaton Mr. CHANDLER. The Senator does and that it came out of Senator LANGERJS will let me state how I feel about it. not claim to have every point, and I will pocket. Mr. MURDOCK. I would rather ha.ve merely answer-what I know about. · Mr. CHANDLER. And the Senator the Senator do so in his own time. Mr. MURDOCK. I merely want to will agree that the man who got the Mr. CHANDLER. I shall be glad to do inquire whether the Senator knows that money was the judge's. son? it. I will have time. the judge knew that his son was coming Mr. MURDOCK. Oh, yes; there is no Mr. MURDOCK. I shall attempt now before he reached there. question about it. to answer some of.the questions the Sen- Mr.:LUCAS. Will the Senator .yield? Mr. CHANDLER. And the -circum­ ator has asked. · I should like to ask the Mr. CHANDLER. - Let · the Senator stances of giving the judge's son money, Senator one question before he leaves. , from -IIHnots answer. - - - . -- 2644 CONGRESSIONAL RECORD-· SENATE MARCH 18 Mr. MURDOCK. I know the Senator record any evidence, except that indi­ people who were friendly to Miller and from Illinois knows. I should liJre to cated by the Senator from Utah, to show his crowd. That is the testimony. have the Senator from Kentucky answer. that Senator LANGER knew that .Mulloy Mr. MURDOCK. I shall read the tes­ Mr. CHANDLER. My impression is had talked to or employed Judge Wy­ timony about the banquet in a few mo­ that they were going to have a banquet man's son out in Deadwood . . Also evi:­ ments. for him, and that they called him on the dence that the payment was made by Mr. LUCAS. Very well. There is no telephone. Senator LANGER at a time when he had question that on the opening day Judg~ Mr. MURDOCK. Who was going to · prior knowledge of such employment. Wyman did permit &enator LANGER and have a banquet? The evidence will show that Senator his counsel to investigate who the pros­ Mr. CHANDLER. ·Someone in North LANGER did not know that Mulloy had pective jurors might be, and I think he Dakota was going to have a banquet for employed Gale Wyman, the judge's son, adjourned court for 2 days. That is the him, and they were going to give him until he--Senator LANGER--confronted beginning of the employment of Gale notice that he was going to have cour­ him-Wyman-for the first time; and Wyman in that case. · tesies and consideration. I did not that the moment he found it out he Mr. ELLENDER. How about the memorize the record, and I am not ordered him out of town, after paying knowledge of Senator LANGER? Where certain. him the balance due on ·a contract that did Senator LANGER come in, according Mr. MURDOCK. Every remark the he did not authorize but that he thought to the Senator's contention? Senator makes indicates that he did not he should comply with in view of Mulloy's Mr. LUCAS. I will tell the Senator. memorize the record. action in the matter. Anyway, that was the beginning of the Mr. CHANDLER. The Senator bas Mr. LUCAS. The Senator from Lou­ employment of Gale Wyman. so far as been perfectly accurate. . isiana has asked me to answer a ques­ Leedom and Mulloy are concerned, Mul­ Mr. MURDOCK. I want to be chal­ tion. Will the Senator from Utah yield? loy being the personal representative of lenged if I am not accurate. Mr. MURDOCK. I yield. Governor LANGER. Following that, in the Mr. CHANDLER. .The Senator has Mr. LUCAS. In the first const>!racy perjury case, which was tried before the been challenged. trial Senator LANGER did not think that second conspiracy case was tried, Mulloy Mr. MURDOCK. Then, I have acquit­ he received a fair trial at the hands. of went to Deadwood again to get hold of ted myself from the record. Judge Miller, and one of the things called Leedom and take him there so that. he Mr. CHANDLER. The Senator gives attention to in the second conspiracy and Leedom might watch the jury, a.nd himself a good reputation, and I am not case was the fact that Miller refused to to see that nothing was wrong about it. trying to_take it away from him. He permit Senator LANGER and his counsel But when Mulloy got there he found Lee­ recommends himself very highly; and I to have a look at the respective jury dom drunk, so then he called Governor have no objection to that. The Senator lists. I do not know what the custom or LANGER, and said, is asking me questions, and I ask him to rule in North Dakota is on that point. I can bring the other fellow. yield for questions. Let me ask him It has been argued both ways, that the questions. judge had a right to deny counsel the Senator LANGER said that Mulloy sai~: . Mr. MURDOCK. Very well. privilege. of looking at the jury list in I can bring another fellow. Mr. CHANDLER. Then let me answer advance, and some say it was a custom the one I wanted to answer. I rose to to do it even though the law was the At any rate, "the other fellow" and say that the· judge's son was given money. other way. That was in the first case. "another fellow" were the same fellow. Mr. MURDOCK. The Senator has In the second conspiracy case Judge A. He brought Wyman to Bismarck when said that three times. Lee Wyman was designated by Judge the case was being tried, and Wyman Mr. CHANDLER. Has the Senator Stone, who was the head of the circuit went there and registered under an as­ court of appeals, to try the case. I think sumed name, and the next day, following any objection if I say it again? the perjury trial, he saw Senator LANGER, Mr. MURDOCK. No. it was Judge Stone. Mr.' MURDOCK. It was Judge Gardi­ and it was after the perjury trial was Mr. CHANDLER. I will speak in my over, not while the trial was going on as own time if the Senator desires to regu- ner. Mr. LUCAS. Perhaps it was Judge . Senator LANGER said in his testimony, · late my conversation. · that he paid him. ·Senator LANGER said: Mr. MURDOCK. Let the Senator Gardiner. At any rate, it ·was at the be­ ginning of the second conspiracy trial I would have given him a thousand dollars proceed. to get him out of ·town because I was being Mr. CHANDLER. The judge's son that Mulloy went to Deadwood to see tried. was given money by Senator LANGER-and Chet Leedom, and it was in that conver­ others. It is my opinion that he was sation that the two of them agreed that When he paid Wyman $275, which was given the money to try to influence his they had to save "Bill" meaning Senator' the balance due and owing him, the per­ ·father. I say I do not know whether he LANGER. The conversation took place . jury trial was over .. influenced his father or not; I do not between these two men with respect to Mr. ELLENDER. Mr. President, will think he did; but, anyway, the motive the jury list, and that is when they called the Senator yield ·a.t that point? back of it was to employ the judge's son in· for the first time Gale Wyman, son of Mr. MURDOCK. l yield. . to influence his father to decide the case the judge, and talked to him about em­ Mr. ELLENDER. The fact remains, favorably to Senator LANGER. In my ployment in this case. · It w~ there that and,! think the record will show, that the opinion, that is not right, it is not just. Mulloy said, "I cannot do anything about same judge, Judge Wyman, although he If the Senator thinks it is, I have no ob­ employing WYman. It has to be 0. K.'d completed the perjury trial, I think it jection. by Governor LANGER." Leedom assured was on that Saturday, or whatever-day Mr. MURDOCK. I do not, and the him that everything would be all right the money was paid, was to try Senator and that he would guarantee the pay­ LANGER on the second conspiracy case a Senator should not even imply that I do. ment of the money: So it was then that Mr. CHANDLER. I did not imply that few days thereafter. Wyman left his home in Deadwood and Mr. LUCAS. I am taking Senator the Senator did; I say "if you do!' I do went to where the judge was, the father, not think so. LANGER's own word for it, that he was and discussed with him at that time then being tried, and that he would have Mr. ELLENDER. Mr. President-- . things which included what the Senator given Gale Wyman a thousand dollars The PRESIDING OFFICER J'er. or something like that? mlnd that they were willing.to pay you $500 whether it want.s to believe Jimmy Mul­ Mr. WYMAN. No. · at your request solely that you might go over loy alone. or Senator Langer and Gale The CHAIRMAN. Senator STEWART, the Wit­ to Sioux Falls and tell your fathet" to look ness testified that the e.ntlre Langer group out for some banquet that he was going to Wyman. Chet Leedom is dead; he can­ had arranged a banquet for the judge. be invited to attend, or for your assistan.ce in not speak. Nearly every person about getting your father to do wbat the statute whom Jimmy Mulloy talked bad passed I want the Senate to consider that. provides must be done under certain pro­ away. Jimmy Mulloy was betraying a The evidence of Gale Wyman was that cedure in reference to the ]Ul'Y list• .had you? friend; be was indicating that he wanted the anti-Langer group was going to give Mr. WYMAN. I did not get the .first part. to- destroy .Senator LANGER. and be gave a banquet for the judge, to bring anti­ Mr. BuRKE. You had no question in your u.s one sto!'y. Gale Wyman told us an­ Langer influence into the picture. When mind that that was all that they wanted-? Mr. WYMAN. Yes, sir; that is all that I other story. The only corroborated testi­ we turn to page 124 we have the chair­ mony in the reco1·d on tbat point is that man of the committee-! think uninten­ thought they wanted. ' Mr. BuRKE. Did you trunk that they were Senator LANGER did not know anything Uonally and inadvertently-changing the paying you $500 1n order that you would do about tbe employment of Gale Wyman whole pictme by saying: that and that only? until he got there. The CHAIRMAN. Senator STEWART, the Wit­ Mr. WYMAN. Yes. -sir. I do not think that what Judge Wyman ness testified that the entire Langer group Mr. BURKE. Well, I will read you your tes­ thought about the case has anything to had arranged a banquet for the judge. timony, your .statement given before the committee investigators appeaTing in volume do with the facts we are to consider~ The The two words have been interchanged. I, page 17. You were speaking: question before u.s is tbe question whether Gale Wyman talked about "anti-Langer ." ••1 told them from the standpoint of a Senator LANGER knew tba t Gale Wyman I suppo.se the chairman of the committee fixing policy it would be a physical impossi-. was coming to North Dakota. Let us tilought the witness had said "entire bility for me to do any good." _ even suppose that we find the aruiwer to Langer'~ instead of ••anti-Langer." Mr. MURDOCK. That is from the the question to be in the affirmative­ When we turn to the next page we find hodgepodge. that he did know it. Then the question the following: Mr. CHANDLER. I state the situa­ arises whether he got him ro do anything Senator STEWART. Did you admonish him tion as it seems to me, at least: They in the case witb reference to influencing not to attend any banquet? did not employ Gale Wyman to tell his his father. · Mr. WYMAN. I told him they had this father that they were going to have a The an.swer to the question is that he banquet arranged for him and it was sup­ banquet for him, but they put the ban­ did not get him to do anything. Why? posed to be composed of entire Langer men. quet business in; and when they were Because instead of directing a verdict in So what l)tarted out to be an "anti­ talkin!i about it some conversation must the second conspiracy case-as he had Langer" banquet now·becomes a banquet have occurred which gave rise to his a right to do. and as. ·in my opinion, he was bound to do under the decision of of "entire Langer men." e.xp.ressi on~ Mr. CHANDLER. Mr. President, will the circuit court of appeals-he sub­ the Senator yield? I told tbem from the standpoint of a fixing mitted the case to the jury; and in the policy it would be a physical impossibility third conspiracy case, in whi.ch again he Mr. MURDOCK. I yield. for .me to do any good. Mr. CHANDLER. I was interested in should have direcred a. verdict in favor the question because originally I made I do not think that he ever did indi­ of Senator LAN.(;ER, he again submitted the statement that I .thought this boy cate that he would "fix" his father, but the case to the jury, and Senator LANGER told his father that the~· were going to he talked with them about :fixing his was finally acquitted. have a banquet for him. I believe that father. I do not know how much con­ If any Member of the Senate thinks is in the record. In order to clear up versation he bad with him. 1 know he that Judge Wyman was influenced, I the point, on page 109 Mr. Wyman was ealled him on the telephone. I knDW should like to have him tell me so. If discussing this matter. I wish to read he went to see him. The whole thing is no Member of the Senate thinks that the to about the middle of page 110, because not a matter in which we can nave judge was infiuenced, then I ask the I think it is important to have it in the faith, inasmuch as Senator LANGER is ftu'tber question, Can any Member of RECORD at this point. Gale Wyman identified with certain men who were the Senate point to anything in the rec­ testifi€d: attempting to have the judge "fixed," ord which .indicates that anyone tried to Sirice he had been on the bench .he had not and money coming from Senator LANGER infiuence Judge Wyman in that case? even accepted social engagements in the was paid to the son of the judgeA We might indulge in a great deal of neighborhood where he . lived; that he will I am not quarreling with my friend, imagination and .su.spicion; but there is not accept dinner engagements; that he had but I am trying to have the facts ac­ nothing in the record, with one excep­ never attended any lodges or gatherings curately stated. I understand my good tion, to indicate tbat anyone tried to in­ where anybody could critieme him in iil.nJ friend's position in regard to the .case; fluence Judge Wyman. I now desire to manner as to being approachable. I toLd but the things I have mentioned are read to the Senate some testimony of him as far as I was concerned I was just a'S things which trouble me when I attempt Gale Wyman. sure as I . was sitting there that that in'Vi­ tatio]l would be turned down without any to ju.stify, if I can, the suspicious actions Mr. CHANDLER. Mr. President will suggestion on the part of myself, or any of certain person.s. the Senator yield on that· point? ' previous warning. However, he insisted that Mr. MURDOCK. The only difference ' Mr. MURDOCK. Not just now. there was a chance to make some money, between the position of the Senator from Returning to the question of who was and that he wanted me to go to Si.oux Falls Kentucky and my position is that. al­ trying to influence Judge Wyman, we and talk to my father along the lines that though I do not like the fact that Jimmy find Gale Vvyman's testimony on page I have just related, and I told him that I MuUoy went to South Dakota to get Lee­ could not go to Sio-px Falls for nothing, it 123, as follows; was 450 miles from Deadwood to Sioux Falls, dom, although I do not like the fact that Ml'. WYMAN. After this hearing here. after It would mean a drive in an auwmobi1e, and Gale Wyman was br.Qught into th-e pic­ this investigaUon had been commenced, it it would take about 3 days to make the ture, nevertheless, my reconectiUld be done, and way, and Senator LANGER- said, "If YOU. ' more, that all the railroad directors who now it should be done, and my f~ther finally think so niu-ch of Lemke, ·or think he Is supplied the . $25,000~ itit.came from.that told .him that he -. wa& charged with the -re- . so' honest, how about" buying .some stock sotll"ce, were criminals and crooks. - . · . sponsiblllty of handling .that matter and. that in the· Mexican Land Co., .which Lernke: ·In addition ·.to- that; according to the he did not need any help from the side lines. has .had so much to.do with?" According facts, it must be found that the Great He h~d to be very blunt with }li~. - to the testimony, Mr. Sullivan's wife v.as Noi'thern Railroad Co. bribed Senator · s~ we have the further testimony, if acquainted with the land company, · and~ LANGER and· paid him not to reduce Gale Wyman told the truth, and the tes­ evidently' during her secretaryship under the taxes of North Dakota during his timony is not contradicted so far as I Lemke, becai:ne very familiar with it's biennium as Governor but to add to them know, that ?Ot only was the district ~t­ operations. · and make the company pay greater sums. torney. commg to Judge Wyman durmg The record also shows that in· i937 If Senators have -the virility of imagina­ the trial of Senator LANGER, but that To"mmy Sullivan became a special attar.:. tion, if they have the versatility of in­ Judge Miller himself, who saw that Sen­ ney for the Great Northern Railroad tellect to indulge in that type of thinking., ator LANGER -was prosecuted fQr perjury, Co., which operates thr_ciugh North Da­ then they might find Senator LANGER came into his chambers time and again, kota, Minnesota, and other States. Dur:­ guilty; but, if they want to look at the until Judge Wyman-according to his ing the conversation in Chicago in May cold facts and figures, what do they dis­ son-told Judge Miller that he did not 1937, Senator LANGER and Tommy Sulli­ close? The records were all before the need. any help from the side lines, and van finally entered into a contract,. ac­ committee but they are not mentioned in asked him to stay out. cording to the record, whereby Sullivan the majority report. Here [exhibiting] Therefore, can it be wondered · that. bought a half interest in Senator LANGER's is a page from one of the exhibits from Senator LANGER thought he needed some­ holdings in the Mexican Land Co. N9 which I shall read in a moment, but is one to watch the jury, to watch the clerk, stock certificates exchanged hands; but it cited in the majority report? the marshal, and the others when, ac­ there was a written contract, specifying What does the exhibit disclose as to cording to the testimony of Judge Wy­ how payments should be made, and c'on­ tax valuations prior to the election of man's son, when he and his father dis­ veying a half interest in the Langer hol4:­ Senator LANGER as Governor of North cussed the case after the trial, his father ings to Mr. Sullivan. As I understand, th~ Dakota for the biennium 1937-38? We pointed out to him that both the <:Iistrict charge against Senator ·LANGER in con­ have the record of the valuations fixed by attorney and the district judge were in nection with the Mexican Land Co. is that the State taxing authorities who were his chambers, trying to influence him? Tommy Sullivan . paid Senator LANGER then haled into court by the railroad I do not know whether ! .need say any­ $25,ooo· at intervals for the stock and that company in the effort to have the valua­ thing further with reference to Gale WY­ the last payment was made a short time tions set aside. Let us see what their man; but, Mr. President, unless some before a reduction in the valuation for tax ·purposes of the Great Northern experience was. Starting in 1933, when member of the majority of committee is Senator LANGER was Governor the first willing to state that Judge Wyman was Railroad Co. in the State of · North Da­ time, the Great Northern Railroad valu­ influenced or that Senator LANGER tried kota in the year 1938. ation for tax purposes was fixed-and, if to influence him, I say that in all fair·­ As I understand, the position of the Senators care to do so, I wish ·they ness we are entitled-in fact, we are in majority of the commit_tee· is that Sen- , would take their pencils and write down duty bound-to resolve that question in . a tor 'LANGER was bribed by Tom Sullivan I the figures-$78,832,888. That valuation favor of Senator LANGER. I do not think with this $25,000 to reduce the tax valua­ fixed by the State agency was reduced by that Judge Wyman was influenced. I do tion of th'e Great Northern Railroad in North Dakota. The majority take the " the court to $68,832,888; the amount of not think that anyone tried to influence the reduction bein~:; $10,000,000, and the him. If his son told us the truth in the position that the land is worthless, and, percentage of reduction 12.685. two statements I have read, I doubt very . as I understand, that the transf~r of half ·much that he was influenced. the holdings of Mr. LANGER to Tom Sulli­ In 1934, during his second year as Gov­ We next come to the second matter van was simply a subterfuge, or, in other ernor of North Dakota, in his first bi­ which I think the Senate wants dis­ words, a cover-lip scheme. .ennium, we find the tax valuation fixed cussed-the Mexican land deal. What Now, let us analyze the facts. What at $70,859,259. It was reduced to $55,- are the facts with respect to the Mexi­ are they? Tom Sullivan represented the 267,467, or a reduction. of 21.999 percent. can land deal? Stated simply, they are Great Northern Railroad Co., and, if I Mr. WillTE. By the court. · these: Senator LANGER was serving as read the majority report correctly, they Mr. MURDOCK. Yes; as I under­ Governor of North Dakota, and some- . want us to believe that Sullivan paid, and . stand, these are reductions by the court. 2648 CONGRESSIONAL RECORD-:-SENAT_E MARCH 18 Mr. LANGER. In-that year $15,000,- cepted a bribe to reduce valuations in · the preceding biennium and the Langer 000 was stricken from the valuation. May, and then in August the commis­ administration, showing not a reduction, Mr. MURDOCK. In 1935, after BILL siori of which he was chairman, as I but an increase. LANGER had· gone out as Governor, and underst~nd, raised the · valuation I think the majority of the committee had been succeeded by someone else; as I $700,000. . . will say that we should not consider bi­ recall by Governor WeUord-I ask the In 1938, by action of the board in ennium against biennium, but that we Senator from North Dakota if that is North Dakota which has this function to should consider the 2 years of the Langer correct? perform, the tax valuation of the Great administration themselves, and should Mr. LANGER. That was his name. Northern Railroad was reduced from not give hifn the benefit of the preceding Mr. MURDOCK. Ir. 1935-the tax val.; $63,779,715 to $60,480,648, or a reduction biennium, that we should look only at the nation was fixed at $71,581,360. It was of about $3,300,000, a reduction by the 2 years of his administration. There is reduced to $62,791,327, the percentage of board of equalization, consisting of five no doubt that the reduction in valuation reduction being 12.280. Then we come to· members, of which board. Senator LANGER from 1937 to 1-938 was about $3,300,000. 1936. The valuation for that year· was was a member and was chairman. Then, of course, the question immedi­ fixed at $70,760,060. It ·was reduced by Now, let us go to the other column of ately arises, Was there any justification the court to $63,070,725, a percentage of the exhibit, in which we find that in for a reduction in tax valuations of the reduction of 10.860. 1935 the taxes paid by the Great North­ Great Northern Railroad from 1937 to Mr. BONE. Mr. President, will the ern Railroad Co. amounted to $1,194,449. 1938? I think the majority of the com­ Senator yield? - · In 1936 the taxes they paid amounted mittee knew that 1937, as compared with Mr. MURDOCK. I yield. to $1,184,026. That was the biennium 1938, was a boom year. The very records Mr. BONE. Is there any contention immediately preceding the Langer which were -before the committee show made by the investigators that Governor biennium. that in 1937 the Great Northern Rail­ LANGER was responsible for the action of In 1937 the taxes paid by the road Co. made a large profit, while in the court in reducing the tax valuation? Great Northern Railroad amounted to 1938-it operated in the red. Mr. MURDOCK. No; I do not think $1,286,578. . Before I lay this exhibit aside, I wish so. In 1938 the taxes paid amounted to to call attention to anotper point. We Mr. BONE. What is the basis of any $1,228,631. find the majority of the committee point­ charge arising out of the redUction of If we total the taxes paid during the ing out very emphatically and in capital valuation for tax purposes by a court that biennium immediately preceding the letters that John Gray was on the board has adjudicated the case? Langer administration, and then total of equalization with Governor LANGER at Mr. MURDOCK. I am leading up to the taxes paid during the biennium of that time. Since then he has become the the reduction made by a board of which the Langer administration, we find, by tax commissioner. They point out that, Senator LANGER was one of the five reference to page 31 of the minority re­ instead of Mr. Gray's agreeing to the de­ members. port, that the total taxes paid for 1935 crease in 1938, from the figures of 1937, Mr. BONE. Of course, if a court arbi­ and 1936 amounted· to $2,378,485, and he wanted to increase the tax valua­ trarily reduces valuations for taxation the total taxes paid by the Great North.: tion of the Great .Northern by about purpose,s fixed by the State board of ern for the biennium of 1937 and 1938, $4,000,000. ' equalization, or the other taxing author­ during the Langer administration, to­ Mr ..President, I repeat,_that the major­ ity which has in the first instance the . taled $2,515,209, or an increase in taxes ity members of the committee make power to fix- the taxes, Senator LANGER of . $136,724 during the Langer adminis­ much of the fact that John Gray, a mem­ could not be held responsible, unless it tration over the preceding administra­ ber of the board of equalization, wanted were shown that he influenced the court. tion. to raise -the tax valuation of the Great Mr. MURDOCK. I do not think there If Senators have the imagination to Northern Railroad in North Dakota, in­ is any contention ·that Senator LANGER suspect and condemn and accuse Senator ,stead of reducing it, but when the board had anything to do with the court. I LANGER of bribery for raising taxes dur­ voted on Mr. Gray's motion to increase the have only read the figures into the REc­ ing his 2 years to the extent of $136,000 valuation, Senator LA:rjGER, as they say, ORD because·to me they seem important. over those imposed during the preceding and his two henchmen :voted to reduce, They show the background of railroad biennium, then, in my opinion, they have but John Gray and the other mell\ber, the taxes in North Dakota. a vivid imagination. fifth member, voted to increase. I think I wish to point out, in fairness to every­ Mr. President,. these are -not all the the.. record will show, however, that on one, that before tlie figure I last read, for facts.- We are· just about halfway · the motion to fix the reduced valuation 1936; was agreed to, it was called to Go•J• through. Valuations are not the only every member voted for it but John Gray. ernor LANGER's attention. I think he was things to be considered in figuring the Let us see in how much good faith advised that the court was about to enter tax ·burdens of people. After the valua-· John Gray was acting in asking that the a decree for the reduction, and I think it -tions are fixed another very important · tax valuation of the property be raised was submitted ~ to him to determine thing' is the rate. Let us look at the by four million dollars in 1938. Since whether he had any objection. I think rates in the exhibits before the commit­ Senator LANGER. went out, John Gray, as that Senator LANGER advised that he had tee, which come from the record: · Let us I have stated, became and is now tax .no objection, that he was interested in see what the rates were. I refer to the commissioner. The letter from which I having the taxes paid, and that the re­ millage rates. am reading is on his letterhead, "Office duction was all right. I do not believe In 1935 the rate of 4.69. of the State Tax Commissioner, John anyone can condemn him for coming to. Mr. WILLIS. From what page is the Gray, Commissioner,'~ signed by John that -conclusion, in view of the back­ Senator reading? - Gray. I do not think anyone questions ground of reductions of tax valuations Mr. MURDOCK. The figures I am the signature. He wanted to raise the by the court, which I have pointed out. reading· to the Senate now come from tax valuation in 1938 by $4,000,000. Very It should be borne in mind, in con­ John Gray, the present tax commissioner well. What happened? In 1939 the tax sidering the case, that Governor LANGER of the State of North Dakota, and, ac­ valuation was fixed at $61,052,793, the in­ is accused of receiving, in May 1937, at cording to his letter, were taken from an crease, as nearly as I can figure it, being · least a part of a bribe from Tommy Sul­ official record of the board of equaliza­ $600,000 or $700,000. Oh, the contami­ livan in connection with railroad valua­ tion of the State, which I intend to in­ nating influence of Senator LANGER had tions. But in August or September of sert in the RECORD. been removed then. He was not there to 1937, after the alleged bribe contract· had I have read the .rate for 1935, which contaminate this man Gray at that time. been entered into, instead of a reduction was 4.69. The rate for 1936 was 4.33. But did John Gray and the board of of tax valuations for the Great Northern, That was during the biennium imme­ equalization raise the tax valuation of we find that the valuation for 1937 was diately preceding the Langer adminis­ the Great Northern by $4,000,000? No, fixed at $63,779,715, or an increase over tration. they raised it by between $600,000 and · 1936 of $700,000. Now, we come to Senator LANGER's ad­ $700,000. Is it common knowledge that Now I ask my colleagues whether their ministration. In 1937 the rate is given as 1939 was a better year than 1938? I · imagination't can lead them to believe 6.10. In 1933 it was 5.89. There is quite think so. That is when the war began in -that Senator LANGER, as Governor, ac- a material difference in the rates between Europe. 1942 CONGRESSIONAL RECORD_:SENATE 2649 The year 1940 comes along. John Gray facts and less interested in suspicion, we for any of the 4 years from 1935 to 1938, is still tax commissioner. He is the man would have sent for the records of the inclusive. who wanted to raise the·tax valuation in Interstate Commerce Commission and Mr. MURDOCK. That statement is 1938 by $4,000,000. What does he do in found out. what the facts were, but we true. · 1940? The tax valuation is fixed at did not do that. Mr. WHITE. And is it not also true $62,652,912. .Mr. LUCAS. Of cour,se, I do not at all that even after the reduced assessment In 1941, the board fixed the tax valua­ agree with the Senator, with respect to in 1938 the taxes for 1938 w~re greater tion at $63,278,204. In 1'941 the increase his suggestion concerning suspicion. I - than the taxes for either of the 2 years of. $4,000,000 asked by Mr. Gray had not think we have many facts in the record, preceding the incumbency of Governor yet been made, even though business had and I think the committee, along with .LANGER? begun to boom after the initiation of the the investigators, did everything they Mr. MURDOCK. Tb,at is also true. lend-lease program, and under the im­ possibly could or thought ought to be .Mr. BONE. Mr. President, will the petus of the war in Europe. In 1941 Gray done in connection with this matter. Senator yield? had not gotten the valuation up to the Certainly Senator LANGER was given every Mr. MURDOCK. I yield. $4,000,000 increase he wanted. opportunity to go on the witness stand, Mr. BONE. If there is a suspicion at­ Mr. LUCAS. Mr. President, will the and he stayed there for days exphl.ining tached to the reduction of the valuatwn Senator yield? this matter. He had one of the greatest of a utility for purposes of taxation-and Mr. MURDOCK. I yield. lawyers representing him that has ap­ . I am not implying it in any way in this Mi:'. LUCAS. Of course, the Senator peared before any committee since I have question-! think it is only fair to pose knows that from 1938 on, in 1939, 1940, been a Member of the Senate·. I think this question to lawyers: If we are to and 1941, John Gray was still simply one the Senator will agree with that state­ assume that there is a suspicious circum­ member of five. ment. stance in the reduction of a valuation for Mr. MURDOCK. Yes; I know that. Mr. MURDOCK. Yes. taxation purposes, and the suspiLion Mr. LUCAS. I do not think there is Mr. LUCAS. If the counsel to whom arises from the mere reduction, then are anything in the record which shows, out­ the Senate had to pay thousands upon we not to conclude that we are entitled side of 1937 and 1938, what position the thousands of dollars in connection with to attach to the reduction by a court the other four commissioners took, or what this case, did not see that proposition, same kind of suspicion? What sinister position John Gray took in the years the was not able to bring it forward, and did . motive could be attributed to an indi­ Senator is now discussing. I do not think not think it was material enough to de.:. . vidual which might not also be attrib­ there is anything in, the record to show velop from the standpoint of 1939, 1940, uted-perhaps by careless thinking-to a that. I do not think there are any min- and 1941, then it seems to ·me the Sen­ court which reduces the valuation by sev­ - utes such as we produced for 1937 and ator is doing himself an injustice,' as eral million dollars? · In the name of rea:­ 1938. well as all other members ·of the com.:. son, what is the difference? Mr. MURDOCK. No; there are not; mittee, when he says we did this and Mr. LUCAS. Mr. President, will the Mr. President, and therein lies, in my did that upon mere suspicion. I resent Senator yield? · opinion, the dereliction of the committee, that statement, because I do not think ·Mr. BONE. I am talking abo~t the bare , of which I am a member, and I plead the committee did anything upon sus­ fact of a reduction. · guilty. Why did we not go into these picion at all. I think the committee did Mr. MURDOCK. Mr. President, I do important :figures? Why did we.not find the best job it possibly could do with the not wish to yield for a discussion between out why John Gray was unable to get tools it had at hand. - It was a long joQ, two-Senators. I have yielded to the Sen­ the tax valuation increased $4,000,000 and the work was done painstakingly. as ator from Washington for a question or after he had been in office, without the the Senator knows. observation, ?nd I wish him to state it. contaminating influence of Governor Mr. MURDOCK. I think the Senator . Mr. BONE. As I say, I imply nothing; LANGER, for all these years? f wonder if has made that statement three or four but I have seen valuations for rate-mak­ the Senator from Illinois wants to imply times now, and I wish to say in answer, ing purposes and tax purposes juggled that the henchmen of Senator LANGER · Mr: President, that if it comes to a choice, upward and downward by regulatory are still there using their dominating so far as I am concerned, even though bodies, State boards of equalization, and intluence? · the choice reflects on myself as a mem- · courts. If we are to attribute some rather Mr. LUCAS. I do not want to imply ber of the committee, I am willing to sinister motive to that sort of business, anything, but I think there are still some make it in order to do justice to a man all ·a lawyer needs to do is to take the rec­ men on that board who are very friendly whose seat in the Senate is in peril. ord, and he can attribute mspicious ac­ to Senator LANGER. When . the majority of the committee tivities to all such bodies, including the Mr. MURDOCK. The Senator thinks wants to place so much credence in, and courts. The only evidence we have here Senator LANGER is still dominating the make so important, the statements of · is that during the Langer incumbency of board? John Gray and his action, then certainly, 2 years the Great Northern paid some­ Mr. LUCAS. I rio not know whether the burden of proof being on the peti­ thing in excess of $136,000 more in taxes he is still dominating the. board. I know tioners, we should have called in the than it paid in the preceding biennium. he dominated. the situation in 1937 and Interstate Commerce Commission, and Mr. MURDOCK. That is correct. 1938, when he was Governor of the State. called Mr. Gray here and found out why . Mr. BONE. There we have a fact, for I wish to say further, in fairness to the this or that was done. I think I have whatever it is worth. In the year when argument being made, that what the the answers in the exhibit ·which is be­ the man is supposed to have been influ­ conditions were in North Dakota in 1939, fore the Senate. I doubt very much enced by some transaction the value for 1940, and 1941, with respect to what kind whether the majority of the committee .tax purposes goes up. I do not know what of equalization should have been made, _ paid much attention to it, but I now want . to make of it. I have had some experience is pure speculation now upon the part of to read from it to the Senate. in criminal cases. I do not know how a any of us, because we do not know what Mr. WHITE. Mr. President, will the man should view such a circumstance, the conditions were in those years. Senator yield? other than as a most astounding circum- Mr. MURDOCK. Yes; we do. Mr. MURDOCK. I yield. . stance. However, I do not want to leave Mr. LUCAS. We do not know what Mr. WHITE. Assuming, without a.d­ in my own mind the thought that there caused the board to raise the tax valua­ mitting, that Senator LANGER dominated is something wrong about a thing when tion $700,000 one year and a million dol- - this commission, is it not factually true a board does it, but that it is perfectly·an Iars the next year. that the taxes collected for 1937, the year right when· a court does it. Are courts Mr. MURDOCK. I cannot agree with of the alleged bribe, were greater than sacrosanct~ so that they may not have the Senator from Illinois. the taxes in any one of the 4 years from their decisions even considered by a lay­ Mr. LUCAS. There is no way for us 1935 to 1938, inclusive? man? to know. Mr. MURDOCK. The question is That is not the view 1 take. I am not Mr. MURDOCK. We have in the city whether the taxes- the only one. Millions of people have of Washington, in the -Nation's Capital, · Mr. WHITE. Whether the taxes fo;r . scrutinized this kind of business, at times .. the Interstate Commerce Commissien; . the year 1937, the year of the alleged - with -perhaps an uncharitable attitude of and, if we had been more interested in bribe, were not· greater than the taxes mind; but 1 do not think that a man:on 2650 CONGRESSIONAL RECORD-SENATE MARCH 18 a bench is any better qualified to know had the say in the board of equalization?" on the facts in the record. I do not care about value than a rate expert in a State We .do not know; but I am unwilling to to di.scuss with the Senator from Illinois office. A judge hears the evidence and use my imagination and ~uspicion to con­ anything I said criticizing either the sub­ proceeds to dispose of the case on the ·clude that, although Senator LANGER has committee or the investigators in this ·evidence before him in the same fashion been in the Senate since 1941, his hench­ matter. in which a member of the State board men are still dominating the board in Mr. LUCAS. If tht Senator does not of equalization might dispose of it; )Jut North Dakota, where the present Gover­ wish to discuss it, it is all right with me. is he to be charged with corruption be­ nor was elected on the issue that he was Mr. BONE rose. cause· he lowers the value? There seems going to bring BILL LANGER to time on The PRESIDING OFFICER New Deal from Tommy Sullivan on a stock trans­ to the present time, the Senator from administration-including me-was con­ action and, because of that, convict him Utah has been more interested in the . fronted with a slump which almost of bribery because of the reduction in facts than in suspicion and accusation. equaled the depression of 1932 and 1933. railroad taxes. What are the facts? Mr. LUCAS. That is the reason why Let us look at the railroad situation There was not a reduction at all, but an the Senator filed the type of minority which confronted the board of equaliza­ increase of $136,000 in the biennium. report which he filed. He was interested tion in North Dakota when it reduced the Mr. President, I do not like to argue this in facts. The Senator has many mis­ valuation for 1938 under that of 1937. point over again. statements in the minority report insofar I shall not read all this exhibit, Mr. I come now to the significance which as what the subcommittee did and what President. I therefore ask that it be the majority of the committee wfsh us the investigators did; and yet the Sena­ printed in the RECORD at this point as a to attach to the action of John Gray, tax tor talks about facts. part of my remarks. commissioner, in desiring to raise the tax Mr. MURDOCK. If anything in that There being no objection, the exhibit valuation of the Great Northern when report is too critical of what the subcom­ was ordered to be printed in the RECORD, Senator LANGER wanted to reduce it. I mittee did or what the investigators did, as follows: call attention to th.:! fact that during the I ask the Senate, What has that to do GREAT NORTHERN RAILWAY Co., time since Senator LANGER left the office with the question ·whether BILL LANGER LAW DEPARTMENT, of Governor, in 1939, 1940, and 1941, this was guilty of bribery in the Mexican land St. Paul, M i nn., October 27, 19.41. great man, John Gray, who wanted to transaction? What difference does it Hon. WILLIAM LANGER, United States Se nate, raise the tax valuation in 1938 by $4,000,- make what I said about the investigators Washington, D. C. 000 has not yet succeeded in raising it. or about the subcommittee? The ques­ DEAR SENATOR: As requested in your letter The Senator from Illinois asks, "What tion in which the Senate is interested is of October 25, I enclose herewith copies of do we know as to whether John Gray the guilt or -innocence of BILL LANGER· exhibits 1 to 5, inclusive, which were pre- 1942 CONGRESSIONAL RECORD-SENATE 2651 sented to the North Dakota Board of Equali­ creases than North Dakota. Wisconsin and The 1937 assessment,· $63,779,715, is $9,137,- zation on our behalf on August 3, 1938. I Oregon were the only States that made any 976, or 16.72 percent more than the highest also enclose copy of the graph referred to in increase in that year. computed amount. The 1937 assessment is the first paragraph, commencing on page 41 Very truly yours, $24,554,530, or 62.60 percent more than the of the transcript. This was not filed or ·F. G. DoRETY. computed amount using cost of service ratio. given an exhibit number but was displayed [Encls.) (Tax Division, Great Northern Ry. Co.) to the board. Net railway operating income (before inter­ Ybu may be interested in the attached est) class I railways, January to May, in- Amount of 100 percent value placed by statement showing changes which were made clusive · each State in which Great Northern Rail­ in 1938 for all railroads in North Dakota. way operates (except Minnesota which is on You will note that the Northern Pacific and UNITED STATES gross-earnings basis) against identical Milwaukee got almost as large a percentage 1930 (normal year)------$308,216, 827 amounts of ties, rails grading, or other reduction as the Great Northern. The Sao 1937------240,111,987 physical property of Great Northern 1932 (worst prior year)------99, 495, 675 Line ultimately got a larger reduction, but (Based on figures in Great Northern exhibit 4] this was through court action. 1938------·- 45,208,504 .California------$59. 72; I also enclose a statement showing what WESTERN DISTRICT IdahoIovva------______63.3377.60 action was taken by other States in 1938. 19301937 ______(normal year)------$87,614,57747,068,160 Washington and Montana. both made very Oregon ______91.49 substantial decreases, and South Dakota and 1932______9,228,963 Average outside North Dakota ______100. 00 California made much larger percentage de- 1938------7,667,249 South Dakota ______102. 89 VVashington ______102.91 Class I steam railroads, 5 months ended May 31 - Montana------..:- 103.27 GROSS REVENUE VVisconsin ______103.77 North Dakota (45 percent above av- Decrease 1938 under 1937 . erage of other States)------178. 68 1930, normal 1932, lowest 1937 1938 prior year North Dakota-Statement showing compari- Amount Percent son of assessed valuations of operating property of all railroads for the years 1937 United States _____ . $2, 247,304, 489 $1,355, 204, 742 $1, 735, 221, 861 $1, 354, 268, 701 $380, 953, 160 21.95 and 1938 Western district______813, 794, 388 476, 274, 468 619, 425, 350 512, 532, 559 106, 892, 791 17. 26 Great Northern ______36, 602, 713 20,338, C54 32,087,613 23,983,251 8, 104,362 25.26 1937 1938 Decrease Northern Pacific______31,000, 135 18, 086, 038 ' 24, 93l, 934 19,662,921 5, 269,013 21.13 Pet. Great Northern __ __ $63,779,715$60,480,650 $3,299,065 5.17 NET RAILWAY OPERATING INCOME Northern Pacific ___ 42,240, 375 40, 179,096 2, 061, 279 4. 88 Soo Line______8, 600,070 17,443, 482 1, 156,588 13.45 United States _____ $308, 216, 827 $99, 495, 675 $240, 111, 987 $45, 288, 504 $194, 823, 483 81.14 Milwaukee ______4,700,163 4,469,301 230,862 4.91 Mid-ContinentaL_ 100,555 100,559 ------___ __ Western district______87,614, 577 9, 22R, 963 47,068, 160 7, 667,249 54,735.409 118.28 Northwestern______125,900 121, 529 4, 371 3. 47 Grm~ct Northern ______1, 582, !l69 2, 387, 250 4, 934,994 867, 7R7 5, 802,781 117.57 F~rgo . Grain & Northern Pacific ______1, 902, 341 1, 541, 924• 2, 574,902 440, 125 3, 015,027 117. 13 . Shipping______399, G99 281, 897 118, 102 29. 53 Brandon, Devils - Lake & Southern. 99, 999 96, 728 3, 271 3. 27 Net railway operating income of the Great TotaL ______~ l il3,i73,242 16,'8'73,538 5.72 Northern Ry. Co. Cost of re- Percent or taxes to 1 As reduced by court. production, . 1937 taxes cost of. Decrease less depre- ciation repro· Great Northern Ry. Co.-Statement showing 1937 1938 duction comparison of assessed values of operating Per· ------·1------· property for the years 1~37 and 1938 Amount cent North Dakota____ $65, 317,892 $1,286,576.78 1. 97 ------1------1------Minnesota______l15, 481,666 1, 796,473.95 1. 55 Assessed valuation . May------$2,753,689 ~ 264, 490 $2, 489, 199 90. 40 GREAT NORTHERN EXHmiT 5 Increase ( +) or: June .. ------. -- 3,805,358 1,176,719 2,628,639 69.08 decrease (-) . 6 months ended 1937 1938 June 30. ______8, 740, 351 308, 932 8, 431, 419 96. 47 Great Northern Ry. Co., North Dakota, 1938 1 SYSTEM VALUE Market value capital stock, 5- Pet. Market price-Total stocks and bonds of Wisconsin _____ $12,000,000 $14,000,000 +$2,000,000 +16. 67 Great Northern Railway Co. year average (p. 6, report to Iowa______1, 519,830 1, 429,795 -90,035 -5.92 tax commissioner)------$70, 068, 808 1 South Dakota__ 4, 145,286 3, 669,400 -475,886 -ll. 48 July 1, 1937...------$477,513,411 North Dakota__ 63,779,715 60,480,650 -3,299,065 July 1, 1938------~------323,951,616 Market value bonds, 5-year av- -5.17 erage (p. 6, report to tax com- Montana ______66,754,822 64,391, 164 -2,363,658 -3.54 Decrease______153,561,795 Idaho ______4, 159,620 4, 078, 192 -81,428 -1.96 Percent decre"lse______32. 16 missioner) ------338, 533, 614. Washington. __ 59,563,000 57,000,000 -2,563,000 -4.30 Oregon __ ------3, 205,154 3, 268,858 +63, 704 +1.99 Iron ore tonnage handled Total ______408,602,422 California ______1, 283, 700 1, l12, 860 -170,840 -13.31 To July 21, 1937 ______gross tons .. 10,095,970 Less nonoperating assets, North TotaL __ To July 21, 1938.-----~------do .... 2, 314,520 Dakota method ______109, 382, 868 216,411,127 209,430,919 -6,980,208 -3.23 Decrease ______do___ _ 7. 781,450 Percent dec·rease______77.07 System stock and bond Mr. MURDOCK. Now let us consider value, operating prop- Comparison of Gr.eat Northern, North Dakota erty ______299,219,554 the railroad situation throughout the 1937 assessment with other States . Net railway operating income, 5- United States. I may say that I now am year average ______19,344,942 quoting from an exhibit which is attached Cost of re- Assess- to a letter of F. G. Dorety, attorney for Assessed production ment, Capitalized at 6 percent (p. 11, State valuation less depre· percent report to tax commissioner) __ 322·, 415,700 the Great Northern Railroad Co., who ap­ ciation of cost Composite system value ______310, 817, 627 peared before the North Dakota Board of ---- North Dakota proportion: Equalization, in requesting a reduction North Dakota ____ $63, 779, 71.'. $65, 317, 892 97.65 1. Car and locomotive Percent for tax purposes. The letter and exhibit Montana ______66,754,822 118, 274, 350 56.44 mileage, 5-year av- 1938 ______64,391, 164 118, 21 0, 363 54.47 erage ______19. 35 are a part of the record in this case. Washington ______59,563,000 105, 906, 834 56.24 Throughout the entire United States, Wisconsin ______12,000,000 21, 159, 903 56.71 2. Revenue traffic units, • 1938.------14,000,000 21,722,582 64.45 5-year average _____ 17.09 on class I steam railroads, for the 5 Idaho ... ·------4, 159,620 9, 809, 233 42: 41 3. Gross operating reve- months ended May 31, 1937, we find the South Dakota ____ 4, 145,286 7, 371, 497 56.23 Oregon ______nues, 5-year aver- figure $1,735,221,861; for the correspond­ 3, 205, 154 6, 411, 226 50.00 age ____ ------_____ 17. 18 Iowa. __------1, 519,830 4, 391, 828'" 34.61 ing period in 1938, $1,354,268,701. That California ______1, 283, 700 3, 933,079 32.64 4. Mileage all tracks op- erated ______20.64 is the over-all picture for class I steam TotaL. _____ 216, 411, 127 342, 575, 842 63.17 5. Physical property____ 13.62 railroads; and we find that there was a 6. Cost of service ratio_ 12. 62 decrease of $380,953,160, or 21.95 percent. . Percent assessment to reproduction cost in Nurth Average 1, 2, 3, 4, In the over-all· picture for class I steam Dakota ____ ------______---- ___ -----_; __ ___ 97. 65 Percent assessment to reproduction cost in other and 5------17.58 54,641,739 railroads, from 1937 to 1938, there was a States (average) _------54.65 6. Cost of service ______12. 62 39, 225, 185 reduction of 21.95 percent. 2652 ·coNGRESSIONAL RECORD-SENATE MARGH 18 · The figures I am giving are found under the figure was $477,513,411; · as of July Mr. McKELLAR. I do not think this the heading, "Gross. revenue." 1, 1938, the figure was $323,951,616-a will take more than half a minute. If Next, let us consider the western dis­ decrease from 1937 to 1938 of $153,561,~ there is any indication that it will take trict. Taking first the Great Northern, 795, or a percentage decrease of 32.16. longer, I shall withdraw the request. we find that in the corresponding period 'Next, let us look at another very im­ Mr. MURDOCK. I yield. of -1937, its gross revenue was $32,087,613; portant set of · figures, Mr. President. Mr. McKELLAR. The House has just tn 1938, $23,983,251-a decrease in gross One of the most important sources of messaged to the Senate House bill 6759, Great Northern revenue of $8,104,362, or revenue cif the Great Northern Railroad which it passed yesterday, in which it a percentage decrease of 25.26. That is is the tonnage of iron ore that it hauls. fixes the hours of duty of postal em­ .the picture of the Great Northern's de­ The iron-ore tonnage handled to July ployees, making a slight change in the crease in gross revenue between 1937 and 21, 1937, was 10,095, 970 gross tons; the hours of service. A similar bill has' al­ 1938. . . iron-ore tonnage handled to July 21, ready been reported by the Committee John Gr.ay, the man to whom the ma­ 1938, was 2,31~,520 gross tons-a decrease on Post Offices and Post Roads of the jority of the committee paid so much at­ of 7,781,450 gross tons, or a percentage Senate, and I ask unanimous consent tention, and to whose testimony they decrease of 77.07. that the bill which passed the House be give so much weight, wanted to raise the On another page of the exhibit, Mr. substituted for the Senate bill, and that valuation of the Great Northern in 1938, President, we find a statement entitled it be considered, and passed. over 1937, by $4,000,000, notwithstanding "North Dakota-Statement Showing Mr. McCARRAN. Has the bill been the fact that the percentage of decrease Comparison of Assessed Valuations of before the Committee on Post Offices and in gross revenue was 25.26. Operating Property of All Railroads for Post Roads of the Senate? Under the heading ''Net railway oper­ the Years 1937 and 1938." I think the Mr. McKELLAR. An identical bill has ating income" we find that for the first 5 Senator from Washington will be much been. It was reported last week. months of 1937 the net railway operat­ interested in the figures given in the Mr. McCARRAN. u~ it is the same bill ing income of the Great Northern was statement. I have in mind, some correspondence $4,934,994 However, for the correspond­ In the right-hand column, under the from postal employees has come to my ing period in 1938 they were in the red by heading "Decrease," we find the follow­ office apparently opposing the passage of $867,787, or a decrease of $5,802,781, rep­ ing: the bill. resenting a percentage decrease of 117.57. Great Northern-5.17 percent. Mr. McKELLAR. If the Senator would Yet the majority of the committee Northern Pacific-4.88 percent. prefer, I will not make the request at criticized the board of equallzation for Sao Line--13.45 percent. this time, but will wait until tomorrow, reducing the tax valuation of the Great Milwaukee--4.91 percent. because I promised the distinguished Northern in 1938, instead of following Northwestern-3.4,7 percent. Senator from Utah that I would not take John Gray by increasing it $4,000,000. Far. Grain & Shipping-29.53 percent. his time. 0, Mr. President, if the Senate is in­ Brandon, Dev. Lake & So.-3.27 percent. Mr. McCARRAN. I do not want to terested in facts, if it is interested in The average decrease is 5.72 percent; hold the bill up any lepgth of time, but figures, is not that the answer to the · and the decrease for the Great Northern I should like to look into the matter. question whether the tax valuation of the was 5.17 percent. Mr. McKELLAR. Certainly. I with­ Great Northern should have been raised In the statement following the figure draw my request for the present. or reduced in 1938? for the 1938 assessed valuation of the ADMIRAL ERNEST J. KING Mr. BONE. Mr. President, will the operating property of the Soo Line, we Senator yield? find an asterisk; and in the lower part of During the delivery of Mr. MuRDOCK's Mr. MURDOCK. I yield. the statement we find the explanation speech: Mr. BONE. In the prevailing opinion "As reduced by court." We note that, in­ Mr. WALSH. Mr. President, will the in the case of Great Northern Railway stead of being reduced 4, 5, or 3 percent, Senator yield in order that I may take against Weeks, which I take it estab­ the reduction by the court was 13.45 per­ up an executive matter? lished the law in a case of this kind, the cent. Mr. MURDOCK. I yield. court announced the view and lays down Mr. BONE. Mr. President, will the Mr. WALSH. I understand there is the dictum that the State taxing authori­ Senator· yield. to me again? · not to be an executive session, otherwise ties must take · into consideration the Mr. MURDOCK. I yield. I would not interrupt the Senator. :financial situation concerning the road­ Mr. President, I ask unanimous con­ Mr. BONE. Let me say that, as I read sent, as in executive session, to report its revenues and allied problems of that the minority report, it seems to me that character. from the Committee on Naval Affairs the approximately at that time there were nomination of Admiral Ernest J. King Mr. :MURDOCK. Certainly; and those rather general reductions of valuation in are the figures I am now putting into the to be Chief of Naval Operations in the the Northwest, including my own State of Department of the Navy, with the rank record. Those are the figures which, in Washington. my opinion, let me say to the distin­ of admiral, for a term of 4 years. Mr. MURDOCK. I think that the only The PRESIDING· OFFICER