11929-- CONGRESSIONAL RECORD-- SENATE 5831

1 Mr. WALSH -of Massachusetts. -- Nearly all of the· napkins and SENATE I towels could come in under the one bracket and not under the I other at all. - WEDNESDAY, November ~0, 19~9 1\Ir. Mr. HARRISON.. President-- (Legis-lative d-ay of Wednesd-ay, .October 30, 199MJ) ! The VICE PRESIDENT. Does the Senator from New York l yield to the Senator from Mississippi? The Senate met at 1 o'clock p. m., on the expiration of the Mr. COPELAND. I yield. recess. - Mr. HAR-RISON. I want to ask the Senator from Utah a Mr. WALSH of Montana obtained the floor .. question. Under the present law, do not towels and napkin Mr. FESS. Mr. President, I suggest the absence of a quorum. under 120 threads to the square inch pay a duty of 55 per cent? The VICE PRESIDENT. The clerk will call the roll. That is true, is it not? The legislative clerk called the roll, and the following Senators Mr. SMOOT. That is correct. answered to their names : Mr. HARRISON. Under this amendment, if the material Allen Fletcher Kendrick Shortridge Ashurst Fra2;ier Keyes Simmons does not exceed 160 threads it pays a duty of 55 per cent? Bat·kley George La Follette Smith 1\Ir. SMOOT. That is right. Bingham Gillett McCulloch Smoot Mr. HARRISON. And under the present law if the material Black Glass McKellar Steck Blaine Gotr McMaster Steiwer exceeds 120 threads it pa_ys a duty of 40 pe-r cent? Blease Goldsborough McNary Stephens Mr. SMOOT. Yes; that is true. Borah Greene Moses Swanson Bratton Hale Norbeck Thomas, Idaho Mr. HARRISON. So all towels and napkins between 120 Brock Harris Norris • Thomas, Okla. threads and 160 threads under the present law pay a duty of Brookhart Harrison Nye Townsend 40 per cent ad valorem, whereas under this amendment they Broussard Hastings Oddie Trammell Capper Hatfield Overman Tydings wm pay a duty of 55 per cent ad valorem. Caraway Hawes Patterson Vandenberg Mr. NORRIS. Mr. President-- Connally Hayden Phipps , Wagner The VICE PRESIDENT.- Does the Senator from New York Copeland Hebert Pittman Walcott Couz.ens Hetl.in Ransdell . Walsh, Uass. yield to the Senator from Nebraska? Cutting Howell Robinson, Ind. Walsh, Mont. Mr. COPELAND. I yield. Dale J obnson Sackett Waterman Mr. NORRIS. If the .Senator from Mississippi is right, then Dill Jones Schall the Senator from Massachusetts was right, and I was wrong in Fess Kean Sheppard the conclusion which I drew. The VICE PRESIDENT. Eighty-two Senators having an­ Mr. WALSH of Mas achusetts. I thank the· Senator. swered to their names, a quorum i present. The Senator from Mr. NORRIS. I as umed from what the Senator from Utah Montana [Mr. WALSH] is entitled to the floor. bad aid that the present duty where the number of threads ex­ FINAL ADJOUR,NMENT ceeded 120 and was less than 160 was more than 55 per cent ad valorem. Now be says it is less; that it is 40 per cent. That Mr. WALSH of Montana. Mr. President, it must be obvious being true, of course, the reverse of what I said is true. I drew to all that it is quite impossible for the Senate to complete th-e the wrong conclusion because I started with an assumption that consideration of the unfinished business, the tariff bill, before wa erroneous. the assembling of the regular session. Accordingly, there is no reason, in my judgment, why we should not hav~ a brief recess . Mr. :aARRISON. Mr. Presid~nt, will the Senator from New preparator~ to the work of the coming session. It ought to be York yield further to me? had for reasons which have heretofore been adverted to and The VICE PRESIDENT. Does tbe _Senator from New York which need not now be repeated. It might also be said that yield to the Senator from Mississippi? it is the custom of practically all the Members of the Senate Mr. COPELAND. I yield. to come here at least a week before the general session to pre­ Mr. HARRISON. The statistics show that the importations pare for that work. of these particular articles are almost twice the production in Accordingly, Mr. President, I offer this morni-ng_a concm:rent · this country. I presume those interested wanted this increase resolution providing that the present session shall be _br.ought of. duty :on threads bet\'"eei?--).20 and 160 and demanded this in­ to a close on Friday next. I send t)le concurrent -resolution to crease in order to keep the foreign goods out. the desk and ask that it be read. . Mr. COPELAND. Mr. President, I am very much inclined to The VICE PRESIDENT. The clerk will read. suggest the absence of a quorum, because. here we are with less The Chief Clerk read the concurrent resolution ( S. Con. Res. than a majority of the Senate present, with even tbe leader of No. 19), as follows: the farm 'bloc absent when farm rates are be.ing considered and with everybody so confused that we do not know whether a ReBolved by the Senate (the House of R epresentat-i-ves ooncurr-ing), given amendment proposes an increase or a decrease. The situa­ That the President of the Senate and the Speaker of the House of tion which we now have proves what I have said time and Representatives be authorized to close the present session of the Con­ time again, that the. Senate is not under pre. ent conditions gres by adjourning their respective Houses on Friday, Novem~r 22~ physically and mentally competent to legislate. Eveu the 1929, at the following hours, namely : The Senate at the hour of 10 Young Turks, with all their vigor, nre absent; furthermore. o'clock p. m., and the House at such hour as it may by order provide. a majority of the members of the Fir ::wee Committee, even those The Senate proceeded to consider the concurrent resolution. who framed this schedule, are conspicuous by their absence; half The VICE PRESIDENT. The question-is Oii agreeing to the of the Senators are. absent, and yet we are proposing to go for­ concurrent resolution. ward and pass a bill revising the tariff, although we are so con­ Mr. ALLEN. I demand the yeas anu nays. fused that we do not know whether this particular amendment The yeas and nays were ordered, and the Chief Clerk pro­ involves an increase or a decrease. ceeded to call the roll. Mr. SMOOT. Mr. President, will the Senator yield? Mr. BRATTON (when his name was called). I have a gen­ 'l'he VICE PRESIDE~T. Does the Senator from New York eral pair with the Senator from Pennsylvania [Mr . . REED], but yield to the Senator from Utah? I am informed that if he were present he would vote as I Mr. COPELAND. I yield. intend to vote. I therefore am at liberty to cast my vote. I l\fr. SMOOT. Mr. President, I should like very much now to vote "yea." bring the session to a close. Mr. OVERMAN (when his name was called). I transfei· the Mr. COPELAND. I yield for that purpose. general pair which I have with the senior Senator from WyO:. [Mr. WARREN] FUNERAL OF THE LATE SECRETARY OF WAR-RECESS ming to the junior Senator f1·om Utah [Mr. KINO] and vote " yea." 1\lr. S~IOOT. Mr. President,· as a further mark of resvect to Mr. SMITH. I ba ve a pair on this question with the senior the memmy of the late Hon. James W. Good, Secretary of War, Senator from New Jersey [Mr. EDGE]. I transfer the pair to and also for the purpose of allowing Senators to attend his the Senator from Pennsylvania [Mr. REED] and vote "yea." funeral to-morrow, I now ask unanimous consent th!l.t the Mr. TYDINGS. I have a general pair with the senior Sena­ Senate take a recess until: to-motTOW at 1 o'clock p. m. : tor from Rhode Island [Mr. METCALF]. I tran fer the pair to The VICE PRESIDENT. Is there objection? The Chair the junior Senator from Maine [Mr. GoULD] and vote "yea." hears none, and it is so- ordered. The roll call was concluded. Thereupon. (at 10 o'clock and 28 minutes p. m.) the Senate M1'. SCHALL. 1\fy colleague [Mr. SHIPSTE.AD] is still ill. took a. recess until to-motTow, Wednesday, November ·20, 1029, Mr. SHEPPARD. I wish to announce that the junior Sena­ at 1 o'clock p. m. tor from ·utah [1\Ir. KING] is unavoidably detained by illness. 5832 CONGRESSIONAL RECORD-SENATE NOVEMBER 20 I also desire to announce that the Senator from Montana Mr. FESS (for Mr. -DENEEN) presented petitions and papers [Mr. WHEELER] is necessarily detained from the Senate on offi­ in the nature of petitions from the Chicago :Monthly Meeting of cial business. Friends, the University of Chicago Settlement, and sundry citi­ Mr. FESS. I wish to announce that the senior Senator from zens of Chicago and vicinity in the State· of Illinois, praying Indiana [Mr. WATSON] has a general pair with the senior Sena­ for the passage of legislation·" to amend the naturalization law tor from Arkansas [Mr. ROBINSON]. so as to make it clear that persons otherwise eligible shall not I also wish to announce that the senior Senator from Illi­ be baned from citizenship because of conscientious objection to nois [Mr. DENEEN] and the junior Senator from Illinois [Mr. bearing arms," which were refer·red to the Committee on GLENNl are absent in attendance at the funeral of the late Immigration. Secretary of War. WAKEFIELD, BIRTHPLACE OF GEORGE WASHINGTON I wish further to announce that on this question the junior Senator from Illinois [Mr. GLENN] is paired with the junior 1\fr. FESS, from the Committee on the Library, submitted a report (No. 45) to accompany the bill (S. 1784) appropriating Senator from Montana [Mr. WHEELER]. If present and voting, money for improvements upon the Government-owned land at the junior Senator from illinois would vote "nay," and the Wakefield, Westmoreland County, Va., the birthplace of George junior Senator from Montana wotild vote "yea." .Washington, heretofore reported by him from that committee The result was announced-yeas 49; nays 33, as follows : without amendment. YEAS-49 PAY OF SENATE PAGES Ashurst Dale Keyes Steck Barkley Fletcher , McKellar Steiwer - Mr. FESS, from the Committee to Audit and Control the Con­ Bingham George McNary . Stephens tingent Expenses of the Senate, to which was referred Senate Black Glass Moses Swanson Blaine Greene Norbeck Thomas, Okla. Resolution 160, submitted by Mr. JONES on the 19th instant, re­ Blease Hale Overman Trammell ported it without amendment, and it was considered by unani­ Bratton Harris Phipps Tydings mous consent and agreed to, as follows : Brock Harrison Pittman Wagner Rrookhat·t Hawes Ransdell Walsh, Mass. Resol·ved, That the Secretary of the Senate hereby is authorized and Broussard Hayden Schall Walsh, Mont. directed to pay out of the appropriation for miscellaneous items, con­ Caraway Hefiin Sheppard Connally Jones Simmons tingent fund of the St>nate, fiscal year 1930, to the pages for the Senate Copeland Kendrick Smith Chamber at the rate of $4 per diem, from the day following the date NAY8-33 of adjournment of the present session of Congress until the 30th day Allen Gotl' McCulloch Smoot of November, 1929, both dates inclusive. Borah Goldsborough McMaster Thomas, Idaho Capper Hastings Norris Townsend EXPENSES OF COMMITTEE AT'I'ENDING FUNE:RAL OF THE LATE SEC­ Couzens Hatfield Nye Vandenberg Cutting Hebert Oddie Walcott RETARY OF WAR Dill Howell Patterson Waterman Mr. FESS. Mr. President, from the Committee to Audit and Fess Johnson Robinson, Ind. Control the Contingent Expenses of the Senate, I report a reso­ Frazier Kean Sackett Gillett La Follettt> Shortridge lution in reference to expenses incurred by the special committee NOT VOTING-13 of the Senate in attending the funeral of the late Secretary of ·Deneen King Robinson, Ark. Wheeler War, Bon. James W. Good, and I ask for its immediate con­ Edge Metcalf Shipstead sideration. Glenn Pine Warren The resolution ( S. Res. 162) was read, considered by unani­ Gould Reed Watson mous consent, and agreed to, as follows : So the resolution of Mr. W ALBH of Montana was agreed to. Resolved, That the Secretary of the Sc.aate hereby is authorized and DISPOSITION OF USELESS PAPERS directed to pay from the contingent fund of the Senate the necessary The VICE PRESIDENT laid before the Senate a communica­ and incidental expenses incurred by the committee appointed by the tion from the Postmaster General, transmitting, pursuant to Vice President in attending the funeral of Ron. James W. Good, late law, a schedule of papers and documents on the files of the the Secretary of War. Post Office Department, which are not needed in the transaction of public business and have no permanent value or historic REPORT ON SAVANNAH HARBOR, GA. (S. DOO. NO. 39) interest, and . asking for action looking· to their disposition, Mr. JONES presented a communication addre sed to him as which was referred to a Joint Select Committee on the Disposi­ chairman of the Committee on Commerce by the Chief of Engi­ tion of Useless Papers in the Executive Departments. The Vice neers of the Army, transmitting, pursuant to a request of the President appointed Mr. PHIPPS and Mr. McKELLAR members committee, a report of the Board of Engineer for River and of the committee on the part of the Senate. Harbors reviewing the report·on Savannah Harbor, Ga., whicll, PETrriONS with the accompanying report, was referred to the Committee on Commerce, and ordered to be printed with an illustration. Mr. ALLEN presented petitions of sundry citizens of Fort Scott, Wichita, Pittsburg, Arkansas City, Baxter SpringS, Riv­ REPORT OF POSTAL NOMINATIONS erton, Galena, and Parsons, all in the State of Kansas, praying Mr. PHIPPS, as in open executive session, from the Com­ for the passage of legislation granting increased pensions to mittee on Post Offices and Post Roads, reported sundry post­ Oivil War veterans and their widows, which were referred to offic.oe nominations, which were ordered to be pla<.:ed on the the Committee on Pensions. Executive Calendar. Mr. JOHNSON presented petitions numerously signed by sundry citizens of the State of California, praying for the BILLS AND JOINT RESOLUTION INTRODUCED passage of legislation granting increased pensions to Civil War Hills and a joint resolution were introduced., read the first veterans and their widows, which were referred to the Com- time, and, by unanimous consent, the second time, and referred mittee on Pensions. as follows : He also presented petitions of sundry citizens of the State By Mr. CAPPER: of California, praying for the passage of legislation granting .A. bill (S. 2175) exempting newspaper men from testifying increased pensions to Spanish-American War veterans, which with respect to the sources of certain confidential information; were referred to the Committee on Pensions. to the Committee on the Judiciary. M.r. CAPPER presented a petition of sundry commercial, fra- By Mr. COPELAND: ternal, and patriotic organizations of the city of Wichita, A bill (S. 2176) granting a pension to John T. Kiernan; to the Kans., praying for the passage of legislation providing for " a Committee on Pensions. unified ail· service, under a competent head, who shall be A bill (S. 2177) providing for the appointment of a diplomatic -minister of aviation, to be appointed by the President of the representative to the Ukrainian Democratic Republic; to the United States, with a portfolio in the President's Cabinet, with Committee on Foreign Relations. three assistants, one in charge of military aviation, one com- By Mr. FLETCHER: mercia! and another experimental," etc., which was referred A bill (S. 2178) granting an increase of pension to Vianna R. to the Committee on Military Affairs. Huston; to the Committee on Pensions. Mr. COPELAND presented a resolution adopted by the By Mr. HAYDEN: . Chamber of Commerce of Mechanicville, N. Y., favoring the A bill (S. 2179) to allow credit to homestead settlers and selection of a ship canal route from the Great Lakes to the entrymen for military service in certain Indian wars; to the Atlantic seaboard solely through United States territory, and Committee on Public Lands and Surveys. suggesting the examination of a feasiple route from Troy, By Mr. WALSH of Massachusetts: N. Y., to the Great Lakes, etc., which was referred to the A bill (S. 2180) for the relief of M. Grace Murphy; to the Committee on Commerce. . . . 1 Committee on Claims. . . 1929 CONGRESSIONAL RECORD-- SENATE 5833' By Mr. JOHNSON: · - The joint resolution was reported to the Senate without A bill (S. 2181) for the relief of James T. Reynolds; and amendment, ordered to be engrossed fQr a third reading, read. A bill (S. 2182) for the relief of John O'Gorman; to the Com· the third time, and passed. mittee on Military Affairs. AMENDMENT TO THE TARIFF BILL - A bill (S. 2183) granting a pension to Mary A. Daugherty; Mr. FLETCHER submitted an amendment intended to be pro· and posed by him to Honse bill 2667, the tariff revision bill, which A bill (S. 2184) granting a pension to Mrs. Frank H. G~e~ was ordered to lie on the table and to be printe~. nough; to the Committee on Pensions. A bill ( S. 2185) for the relief of Robert Berry; and REFERENCE OF CERTAIN SENATE BILLS TO COURT OF CLAIMS A bill ( S. 2186) for the relief of Douglas B. Espy ; to the Mr. COPELAND submitted the following resolution (S. Res. Committee on Naval Affairs. 163), which was referred to the Committee on Claims: By Mr. KENDRICK: Resolved, That the bills making an appropriation to pay the Acme A bill (S. 2187) for the relief of S. Dwight Hunt (with ac­ Die-Casting Corporation, of New York City, N. Y., its loss and damage companying papers) ; to the Committee on Military Affairs. incurred and .suffered by it in complying with United States Navy A bill ( S. 2188) granting a pension to William P. Murphy, commandeer order No. N-3255, dated June 18, 1919 (S. 20.96) ; the alias James J. Wilson (with accompanying papers) ; to the Fairbanks, Morse & Co., of New York City, N. Y. (S. 2097) ; the Ther­ Committee on Pensions. mal Syndicate (Ltd.), of New York City, N. Y. (S. 2094) ; Charles B. A bill (S. 2189) for the relief of certain stock-raising hom~ Chrystal (S. 2095); the William Wrigley, Jr., Co. (Inc.), of New York stead entrymen in the State of Wyoming; to the Committee on City, N. Y. (S. 2098), now pending in the Senate, together with all Public Lands and Surveys. accompanying papers, be, and the same are hereby, referred to the By Mr. ROBINSON of Indiana: Court of Claims in pursuance of the provisions of the act entitled A bill ( S. 2190) granting compensation to the widow and "An act to codify, revise, and amend the laws relating to the judiciary," minor children of Francis C. Oxley ; to the Committee· on approved March 3, 1911 ; and the said court shall proceed with the same Finance. in accordance with the provisions of such act and report to the Senate A bill (S. 2191) granting an increase of pension to Don I. in accordance therewith. · Littell (with accompanying papers); to the Committee on Pen· sions. PLACE OF BUR.I.AL OF WORLD W A.R SAILORS AND MARINES FROM NORTH By Mr. HAWES: CAROLINA A bill ( S. 2192) for the relief of Harvey J. Lewis (with an Mr. SIMl\fONS. 1\fr. President, I have here a list of members accompanying paper) ; of the Navy from the State of North Carolina who served dur­ A bill (S. 2193) for the relief of Harry H. Davis, alias Harry ing the World War and were killed, and showing where H. Kellar (with an accompanying paper); to the Committee on they were buried. I have a similar list of members of the Military Affairs. Marine Corps from North Carolina who served in the World A bill (S. 2194) granting a pension to Harry F. Ebbs (with War who were killed, and showing where they were buried. I accompanying papers) ; ask that these lists may be printed in the REcoRD. A bill ( S. 2195) granting a pension to Ethel Cooter (with There being no objection, the lists were ordered to be printed accompanying papers) ; in the RECORD, as follows : A bill (S. 2196) granting a pension to Melvina Griffey (with DEPARTMENT OF THE NAVY, accompanying papers) ; BUREAU OF MEDICINE AND SUllGEBY, A bill (S. 2197) granting a pension to Ella H. Litton (with Wa8hington, D. 0., Nove-mber 9, 1929. accompanying papers) ; Hon. F. 1\IcL. SIMMONS, A bill ( S, 2198) granting a pension to Catherine Martin (with United States Senate, Washington: n: 0. accompanying papers) ; · MY D.EA.ll SENATOR : Your letter of October 30, addressed to Admiral A bill (S. ·2199) granting a pension to William Benjamin Richard H. Leigh, United States Navy, Chief of the Bureau of Naviga- · Messer (with accompanying papers) ; tion, has been referred to this office for rep1y, in connection with your A bill (S. 2200) granting a pension to Elizabe.th Miller (with request for a list of the citizens of North Carolina who served in the accompanying papers); Navy during the period of the World War, and who died during that A bill ( S. 2201) granting a pension to Alexander C. Monroe service, specifying burial places. (with accompanying papers); From the list of members of the Navy from the · State of North A bill (S. 2202) granting a pension to H. C. Powell (with Carolina who died during the World War, supplied by the Bureau of accompanying papers) ; ·Navigation, this bureau has compiled the inclosed list showing the A bill ( S. 2203) granting an increase of pension to Elizabeth various places of burial. J. Nettie Legg (with accompanying papers) ; . In addition, the Bureau of Navigation has furnished the following A bill_ (S. 2204) granti~g--an increase of pension to Sarah A. data respecting the number of persons -trom North Carolina who served Mitchell (with accompanying papers) ; in the Navy during the World War: A bill ( S. 2205) granti.Dg an increase of pension to Mary Storr (with accompanying papers) ; Enlisted United States Navy: . Mrue--~------~------2,750 A bill (S. 2206) granting an increase of pension to Charlotte Fenulie------8 A. Thomas (with accompanying papers); and · Enlisted United States Naval ·Reserve: . A bill ( S. 2207) granting an increase of pension to Euphema 4 Washburn (with accompanying papers); to the Committee on ~~e-======:::::::::::::::::::::::::::::::::::: ' ng Pensions. Total------7, 124 By Mr. SMITH: Number who lost their lives------~------98 A joint resolution ( S. J. Res. 81) for the relief of fanners and Officers United States NaVY------187 fruit growers in the storm and flood stricken areas of Alabama, Officers United States Naval Reserve------517 Georgia, North Carolina, and South Carolina ; to the Commictee TOUU------~------704 on Agriculture and Forestry. Number who lost their lives ______.______, PAY OF EMPLOYEES The department has not compiled data, segregated by States, as to Mr. JONES. I introduce a joint resolution, which I ask may those wounded during the World War who recovered. be read at length. Trusting the information supplied herewith will be satisfactory to The joint resolution ( S. J. Res. 82) authorizing the payment your purpose, I am, of salaries of the officers and employees of Congress for Novem­ Sincerely yours, ber, 1929, on the 27th day of that month, was read the first time C. E. RIOOS, by its title and the second time at length, as follows: Surgeon General, United States Navy. C4tizens of the State of North Carolina who died 't.."~hile serving in the Resolved, etc., That the Secretary of the Senate and the Clerk of the . Navy dut·ing the World War House of Representatives are authorized and directed to pay to the officers and employees of the Senate and House of Representatives, in­ Name Rank Place of burial cluding the Capitol police, the office of legislative counsel, and employees paid on vouchers under authority Qf r-esolutions, their respective salaries Andrews, Junius Ensign, U. S. Naval Durham, N.C. fox· the month of November; 1929, on the 27th day of that month. Franklin. - Reserve Force. Gray, William Theo- Pay inspector, U. S. Winston-Salem, N. 0. Mr. JONES. I ask for the-immediate consideration 'of the dore. Navy. joint resolution. ·- _ ' .Neal, John .•••••.•••..• Ensign, U.S. Navy _____ Louisburg, N.C. : There: being iio ·objection, the joint resolution was considered , Parrott, George Foun­ Lieutenant commander. Lost life in collision of U. S. S. ' tain, jr. Shaw and Aquitama. Body as in Committee of the Whole. not recovered. 5834 CONGRESSIONAL RECORD-SENATE NOVEl\IBER 20

Oltizens of the State of North Carolina who died while serving in the Citizens of the State of North Carolina toho died while. serving in the Navy duf'ino the World War-<;::ontinu€d , , N011:y dttring the World War-Continued

· 1 I Name Rank Place of burial Name Rank Place of burial

Pou, Edwin Smith_____ Ensign, U.S. Naval Re- Smithfield, N.C. Kivett, Billy Simmons. Sea. 2 cL ______Carthage, N.C. serve Force. Lail, George ______M.M.2cl., U.S. Naval Conover, N.C. Standill, John Robert __ ---- .do ______Arlington National Cemetery. Reserve Force. Williamson, Thollllls.. _ Chief Engineer. U. S. Do. Lamm, Thomas Busby. App. sea., U. 8. Naval Selma, N.C. · Navy (retired). Reserve Jt~orce . Addor, Felix Eugene ___ Sea. 2 cL ______Keyser, N. C. Langdon, William C __ _ Ch. yeoman ______Arlington National Cemetery. Allen, Harvy Nicholas. Fire. 2 cL ______Shelby, N. C. Lankford, Wallace Shipfitter 2 cl., U. S. Tryon, N.C. Allred, George Henry ______do ______On missing Cyclops. Rollens. Naval Reserve Force. Arrowood, Frank Water tender______Lost when U. s~ S. Herman Lennon, Graydon M. M. 2cl., U. S.Naval Elizabeth City, N. C. Green. Frasch sank in collision. . Vaughn. Reserve Force. Austin, John Ashcraft__ Coxswain ______Charlotte, N.C. Lilley, Robert Green­ Fire. 3 cl ______Naval. Cemetery, Chelsea, Mass. Baker, Jesse Johnson~-- Sea. 2 cL ______.: __ ~-- Goldsboro, N.C. leaf. Barber, Charles Mel- _____ do ______Greenville, N. C. Lineberger, James Jen- Ch. water tender. ______Lost in sfuking of U.S. 8. Ticon- vm. kins. deroga. _ Battle, Joseph ______Ship's cook 3 cl., U.S. Lost when U. S. S. Lakemoor M!llshburn, Djalma ___ _ Quartermaster 2 el., Drowned; body not recovered. Naval Reserve Force. was sunk in collision. (A via.). Beam, Joshua Law- Fire. 1cL ______Ellenboro, N. 0. Miller, Wayne Jackson_ Hosp. app., 2 cL ______Asheboro, N.C. rence. Murphy, John Ray ___ _ Sea. 2 cl., U. S. Naval Beaufort, N. C. Boyd, Richard ______Mess att. 3 cl., U. S. Manning, N. C. Reserve Force. Naval Reserve Force. Murray, William ______Mess att. 3 cl., U. 8. National Cemetery, Brooklyn, • Briggs, Rotha Brown __ _ App. sea., U . S. Naval Fletcher, N. C. Naval Reserve Force. N.Y. Reserve Force. Naughtin, Thomas Sea. 2 cL ______Lost in sinking of U.S. S. Ticon· Brooks, Joseph Bryan .. Fire. 3 cl., U. 8. Naval J3ath, N.C. John, jr. deroga. Reserve Force. Fire. 3 cL ______Norris, Timothy Dell.. Sea. 2 cl., U. S. Naval Shulls Mills, N.C. Brown, John Cleve- Lost in sinking of U. S. S. Ticon­ Reserve Force. land. deroga. Ormsby, Edgar Par- Water tender ______Drowned; body not recovered. Brown, Loyd Absolum. Se&. 2 cl., U. S. Naval Jacksonville, N. C. mele. ~ Reserve Force. Phillips, George Glad­ Elec. 3 cl., U. S. Naval Rockingham, N. C. Bushall, William Han­ Sea., U. S. Naval Re- Beaufort, N. C. stone. Reserve Force. sell. serve Force. Phillips, William Millet. Sea. 2 cl., U. S. Naval Winston-Salem, N.C. Callaway, Clarence Sea. 2 cL ______Da>idson, N. C. Reserve Force. Tuttle. Pickell, Alexander Hol- Ch. Q. M., U. S. Naval Raleigh, N. C. Carraway, Rufus BelL_ Water tender, U.S. Na­ Merriman, N. C. loday. Reserve Force. val Reserve Force. Pigott, Charles Henry__ Mess att. 3 cl., U. S. Morehead City, N. 0. Carter, Sam Dallas ___ _ Fire. 3 cl., U.S. Naval Waxhaw, N. C. N11val Reserve Force. Reserve Force. Powers, Robert Hardy_ Painter 2 cL ______On miSsing Cyclops. Cherry, Clarence Sea. 2 cl., U.S. Naval Gastonia, N.C. Proffitt, John Milton... Sea. 2 cl., U. S. Naval Burnsville, N. C. Washington. Reserve Force. Clark, Tablot______Reserve Force. Water tender, U.S. Na­ Calvary Cemetery, Portsmouth, Rathbone, Jeter Will ___ Fire. 3 cL ______Bakersville, N.C. val Reserve Force. Va. Rhymes, Johnny______Mess att. 3 cL ______Ayden, N.C. Cook, Ellis Gordon ___ _ Chief elec ... _------­ Connellys Springs, N. 0. Riddle, Robert EarL __ Sea. 2 cL ______On missing Cyclops. Cottle, Walter Raleigh_ Sea. 2 cl., U.S. Naval Chinquapin, N. C. Rowe, Joseph Walter______do ______Greensboro, N. C. Reserve Force. Scales, Alfred Moore, Sea. 2 cl., U. S. Naval Do. Dalton, Carl Lewis ___ _ Phar. mate 2 cL ______Lost in sinking of U. S. S. jr. Reserve Force. Tampa. Smith,EdwardHanson. App. sea ______.______Fayettesville, N. 0. Dancy, Isaac______Boatswain's mate 2 cL__ On missing Cyclops. Smith, Herbert William. _____ do ______Asheville, N. C. Davenport, Everett Sea. 2 cl., U.S. Naval Charlotte, N.C. Southern, Ruphus Ed- Sea. 2 cL------~- Arlington National Cemetery. Watson. Reserve Force. Davis, Edward Lee ______do. ______ward. Lost in sinking of U. S. S. Stallings, Washington Plumber and fitter ______Newbern, N. C. Ticonderoga. Wyatt. Day, Leonard Calvert. Fire. 1 cl ___ .______On missing Cyclops. - Tarkenton, Eric Lee. __ Sea. 2 cl., U. S. Naval Windsor, N. C. Dellinger, Junius Sea. 2 cL______Do. Reserve Force. Logan. Taylor, IshmeaL ______App. sea ______Newport, N. C. Dukes, George Harper_ Fire. 3 cL ______Summerton, S.C. Taylor, William PauL. Fire. 3 cl., U . S. Naval Jacksonville, N.C. Eborn, William Robert. Fire. 2 cl., U. S. Naval Bunyon, N. C. Reserve Force. Reserve Force. Sea. 2 cL ______Lost in sinking Trivett, Smith Donley_ Sea. 2 cl., U. S. Naval Butler, Tenn. E d w a r d s, A 11 e n of U. S. S. Reserve Force. Thomas. Alcedo. Tucker Lewis Franklin.. Q. M. 2 cl. (A) ______Charlotte, N. C. Edwards, Coy ______Sea., National Naval Wruteville, N. c. Ward, Ferman Briscoe_ Sea. 2 cl. U. S. Naval Marion, N.C. Volunteers. Reserve Force. Feeney, John ______Fire. 3 cl., U. S. Naval Hampton, N. C. Wilson, George Felton. Fire. 2 cL ______Vanceboro, N. C. Reserve Force. Fleming, George Pat- Elec. 3 cl., U. S. Naval Manson, N. C. rick. Reserve Force. HEADQ ARTERS UNITED STATES MARINE CORPS, Flow, Arthur Alexan­ Sea. 2 cL ______Matthews, N.C. der. Washington, November 15, 19£9. F o r e s t, S a m u e 1 _____ do ______Pilot Mountain, N. C. Hon. F. MeL. SIMIIlOXS, Adolphus. Franklin, McDonald __ _ App. sea.. ______Newland, N. C. United States Senate, Wa.shington, D. 0. Gallup, Raymond Mach. mate 2 cl., U. S. Fayetteville, N.C. MY DEAR SENATOR: Having ·further reference to your letter of Octo­ Mancha. Naval Reserve Force. ber 30, there is submitted herewith certain information concerning the Grannis, James Kid- Fire. 2 cl., U. S. r aval Do. officers and enlisted men from the State <>f North Carolina who served well. Reserve Force. Hampton, Loyd John .. Water tender------­ Riverside, N. C. in the Marine Corps during the World War. Handley, Herbert Lee .. Sea. 2 cl., U. S. Naval Goldsboro, N. 0. The Marine Corps personnel during the World War now accredited Reserve Force. Hardesty, Percy Ray- Elec. 3 cl., U. S. Naval NeWport, N. C. to the State <>f North Carolina consisted of 22 officers and 591 enlisted mond. Reserve Force. men. Of these, 7 officers and 223 enlisted men served overseas ; 2 offi­ Harrington, William Sea. U. S. Naval Re- North Wilkesboro , N. C. cers and 13 enlisted men were gassed in action and 63 enlisted men Eugene. serve Force. Harris, John DanieL __ _ Mach. mate 1 cl. (A) ___ _ Warrenton, N. C. were wounded. Hensley, Re::c ______Boatswain's. mate 1 cl __ _ Naval Cemetery, Norfolk, Va. There is inclosed a list of the dead, showing the date and cause of Hester, Robert Lacy ___ Lands.iorM.M. (Avia.)_ Johns, N.C. death, together with disposition of the bodies; also a list of those who Highsmith, Dwight_ __ _ Sea. 2 cL ______Drowned; body not recover6d. were decorated or cited for bravery. Hill, Luther. ______Fire. 1 cL-~------Lost in sinking of U. S. S. Jacob Jones. Trusting that the information furnished will fully meet with your Hingerty, Robert Blacksmith, U.S. Naval Berkeley, Va. requirements, I am, with best wishes, · lleckle. Reserve Force. Hinton, Sherwood.____ Mess. att. 3 cL______Cemetery 608, Seringeset Nesles, Sincerely yours, W. C. NEVILLI!l, France. Major General Commanda1~t. Holland, Marion But­ Sea. 2 cl., U. S. Naval Warsaw, N. C. ler. Reserve Force. CASUALTIES SUFFERED BY MARINE CORPS PERSON::SEL FROM THE STATE Hollear, Georg~ Wash­ App. sea.------Mortimer, N. C. OF NORTH CAROLINA DURING THE WORLD WAR-ALL ENLISTED lllEN ington. Casualties (overseas) Holliday, Grover Cleve­ Eng. 1 cL ______Fayetteville, N. C. Killed in action ______.;.______18 land. Sea. 2 cL ______Died of wounds------12 Hood, Harvey B ______Goldsboro, N.C. Died of disease------1 Hudson, Eugene Hol­ App. sea., U. S. Naval Galax, Va. Died of other causes------1 ton. Reserve Force. Hunsucker, James Carl Sea. 2 cl., U. S. Naval Conover, N.C. Totalcasualtles------32 Reserve Force. Death in the United States Johnson, Elbreth Pope_ Elec. 3 cL ______Barnesville, N. C. Johnson, George Joe __ __ Fire. 3 cL ______Gaston, N.C. Died of disease------Jones, Earl Edgar. ___ __ App. sea ______Farmville, N. C. •Disposition of ove1·seas dead Kincaid, Glen ______M. M.l cl., U.S. Naval Fairmont, W. Va. Returned to United States------18 . Rese.rve Force. Permanently buried in France______12 Jordan, Qr.Qver..Phonso_ Sea. 2 cl------Edenton, N. 0. Remains 'never recovered ______:. __ .:_.:: ______:______2 19.29 ') ... - CONGRESSIONAL RECORD-~ SENATE 5835

LIST .OF ENLISTED -MEN FROM THE STATE OF- NORTH CAROLINA WHo LOST Meuse-.Argonne, No. 1232, Romagne, France. Next of kin : Mrs. Mollie THEIR LIVES OVERSEAS WHILE SERVING IN THE UNITED STATES M.AidNE Hayes, mother, Shelby, N. C. Former residence: Shelby, N. C. CORPS DURING THE WORLD WAR, INCLUDING DISPOSITION OF ItEMAINS Cecil Ewert Gladstone Henry, private, Ninety-sixth Company, Sixth Regiment, killed in action October 3, 1918, in the Champagne offensive. Newton Lewis Beach, private, Ninety-sixth Company, Sixth Regiment, Remains permanently interred in grave 34, block F, row 37, Meuse­ killed in action October 9, 1918, 1n the Champagne offensive. Remains Argonne Cemetery, No. 1232, Romagne, France. Next of kin : Thomas H. returned to the United States and shipped to John C. Williams, Henry, father, 12 Pearl Street, Asheville, N. C. Former residence: brother, 203 North Green Street, Morgant~wn, N. C. Former residence: Asheville, N. C. · Winston-Salem, N. C. Arthur Holder, sergeant, Fifty-first Company, Fifth Regiment, died William Allen Benton, private, Fifty-first Company, Fifth Regiment, November 29, 1918, of wounds received 1n the Meuse-Argonne offensive. · killed in action June 11, 1918, in the Chateau-Thierry sector. Remains Remains returned to the United States and shipped to William Holde!, returned to the United States and shipped to Mrs. .Ada Mabe, Mayodan, ;father, North Wilkesboro, N. C. Former residence : North Wilkesboro, N.C. Next of kin: Mrs. Eliza Benton, mother, Mayodan, N. C. Former N.C. residence : Mayodan, N. C. Walter Hutchins, private, Forty-ninth Company, Fifth Regiment, William Prenn Blackburn, corporal, Eighteenth Company, Fifth Regi­ killed in action October 4, 1918, in the Champagne offensive. Remains ment, died June 12, 1918,; of wounds received in the Chateau-Thierry shipped to the chairman Winston-Salem Chapter, American Red Cross, sector. Remains permanently interred in grave 11, block A, row 3, Winston-Salem, N. C. Next of kin: Mrs. J. Hutchins, mother, Yadkin· Aisne-Marne Cemetery, No. 1764, Belleau Wood, France. Next of kin: ville, N. C. Former residence: Yadkinville, N. C. Charles Blackburn, father, 18 Winfred Place, Charlotte, N. C. For­ Roland Fred McArthur, private, Supply Company, Sixth Regiment, mer residence : Charlotte N. C. died of disease January 19, 1918. Remains returned to the United John Franklin Blalock, private, Forty-ninth Company, Fifth Regi­ States and shipped to Mrs. Irene Jessie McArthur, mother, Carthage, ment, killed in action June 6, 1918, in the Chateau-Thierry sector. N. C.' Former residence: Carthage, N. C. Remains permanently interred in grave 41, block A, row 11, Aisne­ Augburn Dean Martin, private, Fifty-fifth Company, Fifth Regiment, Marne Cemetery, No. 1764, Belleau Wood, France. Next of kin: Julius killed in action June 12, 1918, in the Chateau-Thierry sector. Remains Henry Blalock, Hamlet, N. C. Former residence: Hamlet, N. C. returned to the United States and shipped to Mrs. Fannie Martin, Isaac Neal Boone, Fifty-first Company, Fifth Regiment, killed pri~ate, mother, East Bend, N. C. Former residence: East Bend, N. C. in action June 4, 1918, in the Chateau-Thierry sector. Remains re­ Joseph Lee Orr; private, Forty-fifth Company, Fifth Regiment, killed turned to the United States and shipped to Mrs. Dela A. Boone, in action June 9, 1918, in the Chateau-Thierry sector. Remains re­ mother, R. F. D. No. 2, Stok-Jsdale, N. C. Former residence: Winston­ turned to the United States and shipped to Thomas J. Orr, father, Salf'm, N. C. Matthews N. C. Former residence: Charlotte, N. C. Dudley Boyd Brantly, private, Seventy-fifth Company, Sixth Regiment, Allison' Martin Page, corporal, Forty-seventh Company, Fifth Regi­ killed in action June 10, 1918, in the Chateau-Thierry sector. Remains ment, died June 25, 1918, of wounds received in the Chateau-Thierry returned to the United States and shipped to Mrs. Cassie A. Brantly, sector. Remains permanently interred in grave 45, block A, row 3, mother, Middlesex, N. C. Former residence: Middlesex, N. C. Aisne-Marne Cemetery, No. 1764, Belleau Wood, France. Next of kin: James Asbury Cook, private, Seventy-sixth Company, Sixth Re~iment, Mrs. Ella Martin Page, mother, Aberdeen, ~- C. Former residence: died July 19, 1918, of wounds received 1n the Aisne-Marne offt>ncive. Durham, N. C. Remains returned to the United States and shipped to John A. Samuel Parrott, private, Forty-ninth Company, Fifth Regiment, died Cook, father, '191 Pennsylvania Avenue, West Asheville, N. C. Former November 16, 1917, as result of fall. Remains returned to the United r esidence, Winston-Salem, N. C. States and permanently interred in grave 3432, section 15, National Reid Davis Cranford, private, Eighty-third Company, Sixth Regiment, Cemetery, New Bern, N~ C. Next of kin: 1\Irs. L. B. Byrum, mother, 202 died July 19, 1918, of wounds received in the Aisne-Marne offensive. Pollick Street, New Bern, N. C. Former residence: New Bern, N. C. Remains returned to the United States and shipped to Manley W. C~:an­ William Francis P eloubet, private, Seventy-fourth ·company, Sixth ford, fatller, Davidson, N. C. Former residence: Charlotte, N. C. Regiment, killed in action June 5, 1918, in the Chateau-Th1erry sector. Chuck Bert Davis, sergeant, Seventy-third CC?mpany, Sixth Regiment, Remains permanently interred in grave 84, block A, row 4, Aisne-Marne died July 19, 1918, of wounds received in the Aisne-Marne offensive. Remains returned to the United States and shipped to Mrs. Nola Stepp, Cemetery, No. 1764, Belleau Wood, France. Next of kin: Francis W. aunt, 92 Jefferson Drive, Asheville, N. C. Former residence : Asheville, Peloubet, father: R. F. D. No. 1, Asheville, N. C. Former residence: N.C. Asheville, N. C. · · James Benjamin Deans, private, Forty-ninth Company, Fifth Regi­ James Floyd Staton, private, Ninety-seventh Company, Sixth Regi­ ment, died July 19, 1918, of wounds received in the Aisne-Marne offen­ ment, killed in action, October 4, 1918, in the Champagne o.trensive. Remains permanently interred in grave 7, block F, row 43, , Meuse­ sive. Remains permanently interred in _grave 15, block A, row 39, .Al·gonne Cemetery, No. 1232, Romagne, France. Next of kin: Miss Seringes et Nesles Cemetery, No. 608, Aisne, France. Next of kin: Ella Deans, sister, Middlesex, N. C. Former residence : Middlesex, N. C. Mrs. Cornelius Staton, mother, Marshville, N. C. Former residence: / Ralph Felmet, private, Eighty-fourth Company, Sixth Regiment, died Marshville, N. C. Foster Bytb'an Stevens, private, Eighty-'third Company, Sixth Regi­ October 9, 1918, of wounds r~ceived in the Champagne offensive. Re­ mains returned to the United States and shipped to William V. Felmet, ment, killed in. action November 2, 1918, in the Meuse-.Argonne offensive. Remains permanently interred in grave 39, block H, row 36, Meuse· father, 158 Penn Avenue~ Asheville, N. C. Former residence: Asheville, N.C. Argonne Cemetery, No. -1232, Romagne, France. Next of kin: Henry W. Claude Fuqua, corporal, Sixty-sixth Company, Fifth Regiment, killed Stevens, father, R. F. D. No. 4, Goldsboro, N. C. Former residence : in action June 6, 1918, in the ' Chateau-Thierry sector. Remafns per­ Gold boro, N. C. manently interred In grave 84, block A, row 9, Aisne-Marne Cemetery, Samual Maris Wilkinson, private, Seventeenth Company, Fifth Regi­ No. 1764, Belleau Wood, France. Next of kin: John Smith, grand­ ment, died June 15, 1918, of wounds received in the Chateau-Thietry father, Burlington, N. C. Former residence: Durham, N. C. sector. Remains returned to the United States and permanently in­ John Martin Gardner, corporal, Seventy-fourth Company, Sixth Regi­ terred in grave 1227, section -, North Carolina National Cemetery, ment, died April 30, 1918, of wounds received in the Toulon sector. Raleigh, N. C. Next of kin : Mrs. Della M .. Wilkinson, mother, R. F. D. Remains permanently interred in grave 15, block A, row 43, 1\feuse­ No. 2, Hillsboro, N. C. · Former residence: Hillsboro, N. C. Argonne Cemetery, No. 1232, Romagne, France. Next of kin: Rufus John Wadsworth Thompson, private, Seventy-sixth Company, Sixth Gardner, father, Dunn, N. C. Former residence, Scotland Neck, N. C. Regiment, died October 15, 1918, of wounds received in the Champagn~ David Sloan Graham, private, Eighth Company, Fifth Regiment, killed sector. Remains returned to the United States and shipped to Mrs. in action June 6, 1918, in the Chateau-Thierry sector. Remains _per­ Cora L. Thompson, care of Z. A. Hovis &· Son, undertakers, Charlotte, manently interred in grave 69, block A, row 2, Aisne-Marne Cemetery, N. C. Next of kin: Robert L. Thompson, father, R. F. D. No. 6, box No. 1764, 'Belleau Wood, France. Next of kin: Dr. A. W. Graham, No. 118, Charlotte, N. C. _ Former residence: Charlotte, N. C. brother, Chrisholm, Minn. Former residence: Charlotte, N. C. Carl Williams, private, Eighty-third Company, Sixth Regiment, killed George -Pease Gray, private, Fifty-first Company, Fifth Regiment, in action June 6, 1918, in the Chateau-Thierry sector. Remains never killed in action September 16, 1918, in the St. Mihiel offensive. Re­ recovered. Next of kin: James L. Williams, father, Waynesville, N. C. mains returned to the United States and shipped to Harrison F. Gray, Former residence : Waynesville, N. C. father Elkin, N. C. Former residence: Elkin, N. C. Charles Wood, corporal, Seventy-eighth Company, Sixth Regiment, - Geo~ge Oren Hamlet, private, Forty-ninth Company, Fifth Regiment, killed in action September 15, 1918, in the St. Mihiel offensive. Re­ killed in action June 6, 1918, in the Chateau-Thierry sector. Remains mains never recovered. Next of kin: .Mrs. A. 0. Breedlove, sister, 108 r eturned to the United States and shipped to J. G. Hamlet, Pittsboro, Walker Street, Durham, N. C. Former residence: Raleigh, N. C. N. C. Next of kin : Robert L. Hamlet, father, care of pollee depart­ ENLISTED M.AN FROM THE STATE OB' NORTH CAROLINA WHO DIED IN THE ment, Birmingham, Ala. Former residence: West Durham, N. C. UNITED STATES WHILE SERVING IN THE UNITED STATES 1\IA.RINE CORPS Frank Bryan Hayes, corporal, Seventy-fifth Company, Sixth Regi­ DURING THE WORLD WAR, INCLUDING DISPOSI'l'ION OF REMAINS ment, died October 5, 1918, of wounds received in the Champagne William Henry McClure, corporal, Supply Detachment, Marine Bar­ offensive. Remains permanently interred in grave 39, block C, row 41, racks, Parris Island, S. C., died of disease November 9, 1918, at Parris 5836 CONGRESSIONAL RECORD-SENATE N OVEl\1BER 20 Island, S. C. Remains shipped to W. H. McClure, Hazelwood, N. C. account of the Senate meeting so early in the day and being in Next of kin: Mrs. W. H. McClure, mother, R. F. D. No. 1, Waynesville, continuous session. We have before that committee at least N. C. Former residence: Waynesvil1e, N. C. one nomination for an important office. I received the last re­ port relative to it this morning, and I think the report of the ENLISTED MEN OF THE MARINE CORPS FROM THE STATE OF NORTH CARO­ committee will be unanimous, but I should like to have that LINA WHO WERE DECORATED OR CITED FOR SERVICE IN THE WORLD nomination also disposed of. WAR The VICE PRESIDENT. Does the Senator from Washington Newton L. Beach, sergeant major, was cited in Second Division Gen­ withdraw his motion? ~ral Order No. 64 fot· gallantry in action in the Blanc Mont sector, Mr. JONES. I withdraw the motion, expecting to make it France. later in the afternoon. Oliver L. Boyd, private, was cited in Second Division General Order Mr. NORRIS. I will say to the Senator that I have called a No. 88 for his exceptional coolness in oper.ating his machine gun while meeting of the Judiciary Committee at 3 o'clock this afternoO'll. under heavy artillery and machine-gun fire. His example was an in­ spiration to his comrades. VIEWS ON FINAJ, ADJOURNMENT Amos M. Boyette, private, was cited in American Expeditionary Forces Mr. VANDENBERG. Mr. President, the motion just sub­ Citation No. 1 for gallantry in action in Bois de Belleau, France, on mitted by the distinguished senior Senator from Montana [Mr. June 13, 1918. WALSH] was not subject to debate, and therefore no statement Jones H. Clark, sergeant, .was cited in Second Division General Order could be made preceding the roll cail. I feel, however, in justice ~o. 88 for discharging the duty devolving upon him in a highly satisfac­ to the general situation, and particularly in view of develop­ tory manner. Due to his untiring efforts the men of his company were ments during the last few days, that the Senate will indulge provided with hot meals at all times, even under the most adverse cir- me in a very brief pen~onal statement. I am sure the Senate ctlmstances and on all fronts. · will understand that as I make it I do not impugn the motives .Alfred B. Collins, sergeant, awarded croix de guerre with silver star. that have actuated any Senator at any time in any connection He displayed remarkable co~rage . and fine qualities of leadership during with the issue which has been before us, directly and indirectly, ~n enemy raid, and by his initiative the latter was broken up. This for ~he last few days. Epithets never can successfully substi­ on October 4, 1918, near St. Etienne-a-.Arnes, France. This man was tute for arguments. Most certainly I have no intention to ~lsu cited in Second Division General Order No. 64 for the above action. invade the realm of personalities, and most certainly I shall Chuck B. Davis, sergeant, awarded croix de guerre with silver star refuse to reply to personalities in kind. ~nd cited in Secopd Division General Order No. 44 for volunteering to I have been impressed, Mr. President, · in my own lmmble deliver HotchkiSs am!J?.unition to guns on the line, accomplishing · his way, with the feeling that a situation impended in connection task with Drummer Allgor in the face of heavy bombardment when with the tariff in this foi'Um of almost incalculable consequence ammunition resupply was vital. This near Chateau-Thierry June, 1918. to the people and the welfare of the United States, particularly Walter El. Furr, private, awarded the distinguished-service cross, the in view of the present uncertain business psychology. I have Navy cross, the medaille militaire (French), croix de guerre with palm, been impressed with the view that the Senate could contribute and cited in Second .Division General Order No. 53, for extraordinary profoundly to contemporary stabilities by completing its pres­ her.oism iu action near Vierzy, France, on July 19, 1918. Unaided be ent labors with least possible delay. In this respect I have crept forward in advance of his line, searched an underground tunnel, shared the views recently expressed by the President of the captured five Germans, and brought them back through heavy machiue- United States. While I speak only for myself, and have no gun and shell fire. . right to speak otherwise, it is probable that these sentiments Sidney Harris, private, was cited in Second Division General Order express the attitudes of others who have been similarly moved No. 64 for gallantry in action against the enemy in the Meuse-.Argonne during the last few days. Hoping to contribute in some small offensive, France. degree what might be helpful in these connections, we have Hal L. Hartzog, private, awarded croix de guerre with silver star and done what we have done, and I believe many Senators will cited in Second Divi~ion General Order No. 44 for the followiug actiou: carry on in this same spirit, regardless of temporary setbacks, He encountered a machine gun while on patrol, and at the risk of his until the job is done. life placed his automatic rifle in position and covered the retreat of his Mr. President, I regret that the Senate now has voted to ad­ comrades. .Also cited in American E.xpeditiouary Force Citation Order journ. The progress made since last Thursday night, when the No. 2 for above galJantry. other adjournment motion was defeated, is complete vindication . Dunk Hill, private, awarded croix de .guerre with bronze star for the for those who insisted that the Senate should oarry on. Prior to following action : While fulfilling his duties as litter bea.rer in the Bel­ Thursday night the Senate had completed but four rate sched­ leau Wood on June 6, 1918, he displayed the greatest bravery in going ules. Since Thursday night we have completed five schedules to the a.id of the wounded under a bomb!lrdmeut of extreme violeuce. as a result, at least partially, of the new impetus. If the other · Ray T. Moore, private, was cited in Second Division General Order adjournment motion had been carried, it is common knowledge No. 64 for gallantry in action against the enemy at Bl~nc Mout, France. that quorums rapidly would have disintegrated and little or no Allisou 1\I. Page, sergea.nt, was awarded a croix de guerre with bronze subsequent progress made. Instead, we have gone through star and cited in Second Divisiou General Orders No. 44 aud No. 88 and more than 50 pages of rates in four days and nights, where Amer!can Expeditionary Force Citation Order No. 4 for g.allantry in previously we used 21 days for 100 pages. . action near Chateau-Tbierry, France. He . displayed extraordinary The same reasons which vindicated the former defeat of ad­ heroism in leading his group through exceedingly heavy shell and journment continue to sustain those who opposed the present machine-gun fire. His excellent work on the field, extreme self-sacrifice, adjourJlment. It begs the question to say that we could not and absolute devotion to duty, for which he gave bis life, were a con­ finish the· bill by December 1. Whatever progress could have tinual source of inspiratiou and confideuce to his men. been made in this direction Wduld have brought the bill just · Julien M. Smyly, private, was cited in Second Division General Order so much nearer completion in the regular session. In my judg­ No. 64 for gallantry in action against the enemy at Blanc Mont, France. ment, the country is best served by speediest possible rational Thomas B. Wilkinson, private, was awarded ·a croix de guerre with action in this direction. It is unfortunate that these long ses­ bronze star and cited in Second Division General Order No. 40 for the sions should be physically burdensome. But I am told that no following bravery: On June 11, 1918, dnriug the attack of Belleau general tariff bill ever was passed except under similar pressure Wood, he displayed the greatest bravery during a violent bOmbardment of night sessions. by quitting his shelter to dress the wounds of his comrades. I continue to believe that the welfare of agriculture shoultl dominate this limited tariff revision as defined by President PROPOSED EXECUTIVE SESSION Hoover. I continue to !Jelieve, however, that it would be griev­ l\Ir. JONES. Mr. President, I move that the Senate proceed ous disservice to the country if any organized raid should at­ to the consideration of executive business in open executive tempt to reduce industrial tariffs below 1922 levels and fail session. in some few instances to accord obYiously necessary ·increased · Mr. NORRIS. Mr. President, will the Senator from Wash­ protection to sick industries. Nothing has happened to foreclose ington withhold that motion so that I may make a statement? the expeCtation that both of these results can be brought about. The VICE PRESIDENT. Does the Senator from Washing­ I only regret that a majority of the Senate has voted to post­ ton withhold his motion 't pone this culmination. l\Ir. JONES. I withhold it. I submit these views, 1\lr. President, solely for myself, and I Mr. NORRIS. I hope that the Senator from Washington will am sure the Senate will receive them in the spirit of great not make the motion to proceed to the consideration of execu­ earnestness in which these observations have been uttered. The tive business until later in the day, and I should like to state b&ttle is far from lost. It merely is postponed; and, meanwhile, the reason for my request. much ground has been gained. . I am not opposed to taking that step; I think we ought to do Mr. HEFLIN. Mr. President, I voted for the adjournment it; but it has been impossible for me to obtain a quorum of the resolution. Some weeks ago I was one of the first to suggest Judiciary Committee the la~ time or two that I have tried, o~ that the Senate meet at 10 o'clock in the morning instead of 12 1929 CONGRESSIONAL RECORD-SENATE 5837 o'clock; I was also one of· the first to suggest that the Senate said a crash would come. Go and read his statements for the hold night sessions, and but for the vote on this side of the last three or four weeks. Well, the crash has come. They Chamber we would not have h ad night sessions. So, the progress have had tremendous breaks up there and tremendous losses. which has been made has been due mainly to the efforts of the And that is not all; he said that the " boom " on the stock ex­ Democratic side in conjunction with the progressive Republi- change was the same kind of boom that was carried on in real cans who have voted with the Democratic side. estate in Florida, and intimated that it was due to watered stock We all know, Mr. President, that it is a physical impossibility and wind in the case of both of them. to complete this bill by December 2. We know that we are about Mr. BARKLEY. Mr. Pre ident-- to enter a long session which will run perhaps into next July The PRESIDING OFFICER (Mr. JoNES in the chair). Does or August. The Members of the Senate have been working on the Senator from Alabama yield to the Senator from Kentucky? the tariff bill and some other matters for months and months. Mr. HEFLIN. I do. A little rest will be good for us all. There are some Members Mr. BARKLEY. I desire to call the Senator's attention to of the Senate who have had to be constantly on guard. In that the fact that in the statement issued this morning Mr. Babson category are both majority and minority members of the Fi- charges the crash in the stock market to the action of the Senate nance Commitee, especially the Senator from Utah [Mr. SMoOT] in its consideration of the tariff bill. The Senator will recall and the Senator from North Carolina [l\1r. SIMMONS], who have that before the Senate began the consideration of the tariff bill led, respectively, the two sides in the Senate; also the Senator Mr. Babson gave out a statement in which he predicted a stock­ from Georgia (Mr. GEORGE] and the Senator from Mississippi market cra~h to such an extent that Mr. Irving Fisher, another [Mr. H.AmusoN] and other Senators on this side and the other economist, felt it his duty to reply by predicting that there side who have been constantly in the debate morning, noon, and would not be any stock-market crash. But what I wanted to night. Senators, I submit that a rest of a week or 10 days emphasize was that whereas lli. Babson now lays this crash on will be good for them and good for us all. We will come back Congress, he was predicting that it would happen before Con- refreshed to take up the work early in December. gress even took up the consideration of the tariff bill. As I said once before, we can not. do so very much in the way l\1r. HEFLIN. Yes; and, Mr. President, he did not issue the of general legislation in a regular session before the Christmas statement which appeared this morning until I introduced a holiday. Bills are introduced, committees get down to work resolution on yesterday quoting him, giving one of the reasons during that time, and then, after the holidays, we begin the for introducing the resolution calling for an investigation of the serious consideration of matters of legislation pending. I have stock exchange. No doubt those who have l\fr. Babson hired submitted heretofore, and I submit again, that when we meet and who absolutely control him made him issue this statement in December we can go right to work on the tariff bill and to-day-backing away from what he has been saying about the complete it and tUrn it over to the conference committee by stock exchange for weeks and then jump on the Senate. the holidays. That, l\lr. President, can be done, and I think What has the Senate to do with it? Is the Senate to wait should be done. and cease to perform its duty until some speculative group on . I have observed the activities of the Young Guard, or the the stock exchange finishes its gambling spree? . Must the Sen­ Young Turks, whatever they may be pleased to call them- · ate wait for suggestion 't'egarding legislation from the stock selves. They did, indeed, make a brave start. The Senator · exchange? Or are we to ~epresent our constituents and do from Montana [Mr. WHEELER] accused them of charging at the : what we believe as Senator is best for this Government and Old Guard, but just before they reached the Old Guard they . best for the people of the United States? Have we reached the stopped suddenly, smiled, and beat a retreat He suggested time when the Senate must act or fail to act according to what that · in a. little while they would all be together again-the is 'l."egistered by the " ticker" on the stock exchange? Old Guard and th'e Young Guard. They will then, perhaps, If prices are going well and the skin-game process is success­ if his prediction -comes true, carry out the idea in the story ful, the gamblers' attitude is, " Go ahead with your legislation; that Bob Taylor used to tell of old Uncle Rufus and Aunt we have nothing to say." But if somebody rises in the Senate Mandy, who sat by the fireside eating roasted potatoes. Old and suggests that this gambling den in New York is drawing Uncle Rufus said to Aunt-Mandy, ''Who's sweet?" And she money out of every nook and corner of the country, robbing leaned her head over again~'t his shoulder and said, " Both of people in every State in the Union, driving men engaged in us." [Laughter.] · legitimllte business into banlrrup~y, and causing hundreds of It does not seem that you are very angry with each other. men and women to kill themselves-if somebody in tl:le Senate I do not believe the Young Guard intends to do any great raises an objection to that sort of business, he is interfering amount of violence to the person of the Old Guard. Now, that with the activities of these ·speculators and is, therefore, con­ you have made your charge and that you are gradually beatir.g a tlibuting to a crash on the exchange.' Well, such business needs retreat, I am reminded of a story that Roosevelt u. ed to tell of to be in interfered with. Unfortunately for Mr. Babson, he cites a man who was chasing a wolf out ·in the Northwest, a.Pd he us to an instance where the stock exchange was on a rampage was riding behind his hounds; They soon ran out of hearing. once before, and the exchange was closed for practically a year; He saw a farmer in his field on the roadside and asked him if but after he suggested that point, over on the next page he he had seen the wolf and the dogs pass that way. The farmer says, "But there is no reason ·for closing it now." So Babson is said, "Yes; I have seen them pass here three times." The cl;langing his tune and singing a different song. hunter said, " How were they going?" The farmer replied, I introduced a _1·esolntion yesterday calling upon the lobby "Well, the first two times the wolf was in the lead, but tl1e last committee of the Senate ·to bring these gentlemen down here and time they passeq the dogs were in the lead." [Laughter.] question them regarding certain phases of the activities of those So it looks as though the Young Guard had the Old Guard . who were selling and buying stocks on the stock exchange. This in the lead at first; but now the Young Guard is beating a morning a very fine man in this city, a good business man, retreat and the Old Guard is driving them hard. telephoned me and asked me if I had kept up with Mr. Babson's Mr. President, lest this man Roger Babson feel that his 1epre- articles. I told him that I had; and he reminded me that Bab­ hensible and slanderous attack upon the Senate had some· son had been preaching a panic and predicting a crash on the thing to do with the adjournment of Congress to-day, I want stock exchange for four or five weeks, and that now he sud­ to say that what he said in the press this morning had nothing denly turns and says that Congress is to blame for the ruin whatever to do with the action of the Senate. No hired age.c.t of wrought in the .financial status of hundreds of thousands of the money bunds can affect me and my course in the Setate. people. I want to pay my respects to this man Babson for a moment. Mr. President, I think I know what is the matter up there, The trouble with some men in public life and some men in and I think the investigation called for by my resolution will positions like that occupied by Babson is that they go along disclose just what the trouble is. I will say that this thing can for years, some of them, gaining influence and prestige, until not continue to go on in the wild and reckless way that it is they occupy a high place in the estimation of the people; and going on to-day. Something has got to be done. They will then in some crucial moment t:pey betray their trust, turn their either have to change the whole character of the speculation now backs upon the principles of right, honor, and justice, and carried on up there or the exchange, in the interest of legitimate become the tools and instruments of predatory interests. business, will have to be closed. The question is, Are the This man Babson has done that. Senators will recall that for Members of Congre swilling to call the gluttonous and unscrupu­ the last three or four weeks this man bas been predicting a crash lous operators of this New York gambling machine to judgment? on the stock exchange: For four weeks this man has advised Shall these pompous, arrogant, and avaricious men continue buyers to beware. For four weeks some mighty bear organiza- their dangerous and destructive operations while the cotton tion has controlled this man Babson's pen and brain, and through farmers of the United States haul their cotton to the market the columns in which he expresses himself he bas been directing place every day and sell it at low and unprofitable prices? Is and preaching a crusade against the bull movement on the stock this "gambling spree" to continue when merchants all over the exchange. He has given warning to people. He has repeatedly country are saying that the wild speculation in fictitious· or 5838 CONGR.ESSIONAL R·ECORD-SENATE NOVEl\riBER 20 watered stocks on the exchange is injuring legitimate business Mr: C.ARA WAY: I mean to say; there have always been ·in every State in the Union? Is this thing to go on uninter­ commodities to be had in the market if anybody thought they .rupted when hundreds of our bankers and other men engaged had any value and was willing to pay for them. · · • -in legitimate business throughout the Nation are saying that Mr. DILL. Mr. President, the fact of the matter is that he the character of speculation now·going on in the New York Stock ·sells his opinions ; he has a regular agency through which he :Exchange is harmful to legitimate business of every kind? Will sells his opinions. we sanction a "game of fraud and deception" that-is enticing ·Mr. CARAWAY. They are on the market for whoever wants clerks in stores, cashiers- in banks, and Government clerks to to buy. Therefore I say they have been listed among stocks of ·invest their earnings and risk their all on the fling of " loaded doubtful value for a long while. · There is no moral integrity dice"? behind them, and there has not been in the lifetime of anybody I went into the store of a merchant in this.town the other day now living. ,and asked him how he-was. He said, " I am pretty blue." I Mr. ·HEFLIN. Mr. President; who ever heard· of Babson said, "What·is the m-atter with you? You have not been play­ boosting cotton prices · or grain prices for the farmer? The ·ing the- stock exchange, have you?" He said, "Yes, I have; -revelations of to-day disclose ·the fact that this man Babson has but I am not going to play it any more." I said, " I guess not. for a long time been the agent of certain speculative interests, They cleaned you up, didn't they? ' He said, "They did." and I rejoice that the time has come when he has to come out -Then I said, "Well, no doubt yours is the same kind of a sad i.n the open, and I am glad to be the fu·st to take his mask and story that is being told in this country to-day by millions of peo­ mantle off in the Senate of the United States. The man who ple." Mr. President, the Bible admonishes us that, "If thine eye talked to me over the phone this morning said, "I have reason offend-- thee pluck it out." All right~t:fiinking Americans will to believe that this fellow Babson has either been speculating _agree that no " speculative exchange" has the right to exist on the stock exchange or he represents a group of speculative . unless its operations can be clearly shown to be helpful and not sharks who have been manipulating· and controliing the stock hurtful to the legitimate transactions of the American people. exchange." Mr. President, it is our duty to see that the every-day busi­ · As I was saying a little while ago it sometimes happens that ness of the average.· man. is·protected against the evils born of . when some men reach· great promin~nce · and stand-at the peak, ·speculation in fictitious values. The business.- of millions of · where-they are in position to do the most good; the enemy goes - patriotic ~ Americans. iS"' being disturbed and injured· by ." wild after them to use· them in on~ big fell swoop to· cat·ry ·out their :speculation" on .the-·New. York Stock Exchange:- Legitimate · corrupt and criminal purpose,1and too-often, I arrr sorry ·to say, ·business-of every ·kind is complaining that ·" gambling.'' on the ·they have su-cceeded as ·they -seem ·to ·have-dene· in -the·case ·of this stock exchange is hampering and retarding business in every man Babson. _ _ community in the country. . Millions of money that should be - ·n seems that the WalL Street speculators Who own and operate ·kept in the States. to· meet the business needs of farmers, mer­ Babson have had him to make an insulting and slanderous attack .chants, and others engaged:in legitimate business "is now being ' upon the Senate. I resent it, and I am ready to act in the name -taken out· of many local communities and sent· to New York to of· the American people. · I· know ·that certain stock and cotton ·be used in gambling ·transactions: · gamblers do not think that the United States Government, acting It looks to-·me- as though we are going to have to pass. a Jaw in behalf of the people, have arry right to interfere with them. regulating and limiting the activities · of the , stock· exchange. ' They demand· that· the· Government remain silent and inactive ·It may be that· we will have to reach this "New York State while they carry on · their gambling schemes and make their authorized_and operated stock exchange" on the ground that it millions and clip· their coupons. r They do not want to· be dis­ is doing an interstate·business and ·say; "You ·can sell shares or turbed. They demand the right to pillage and plunder the -stocks outrigbt,_and you can purchase them right on the stock American -masses. - But I submit that the people back home in ·exchange and then go -back. and- sell them again; but stop -the 48 States who sent us here -are entitled to have us· act for speculation on margins." There is where the evil is. There is them and for their best interests. where the deadly danger lies. There ·is where all this trouble r We · ought· tor take· steps at once ·to save -legitimate business comes from. from further disturbance and injury. · · I would not prevent American citizens from · goi.p.g there and · Mr. · President, I condemn and repudiate this villainous and buying real shares or stocks. I would not ·prevent them then, slanderous attack upon the Senate by Babson, this. hil'ed agent ·if they· wanted to get rid of them, from going back later and of Wall Street. · · - . ·selling them. Legitimate shares and stocks are real prop-erty · In conclusion I want to· say · I voted to adjourn for another .and in. many instances are very valuable. . And I a:p1 not· at_tack­ reason. Under my resolution a Senate committee has been ing that character of transaction. But .something must be done appointed to investigate the cotton exchanges. I am a member to stop the kind of speculation tha.t l;itrikes down legitimate of that committee. The recess will give us time to make that business in order to make certain gamblers rich. ·investigation inunediately. 1\ir. OARAWAY. Mr. President-- I have no apology to offer for the vote I cast. It was the The PRESIDING OFFICER. Does the Senator from Ala­ right course to pursue. Everybody will feel better when the bama yield to the Senator from Arkansas? new session begins, and we will come back here and get through Mr. HEFLIN. I yield to the Senator. with the tariff bill, and then carry on with other legislation. · Mr. -CARAWAY.· The very thing· that has happened on the 1\-Ir. President, I suggest to the stock exchange and the other stock exchanges in New York gives the lie, does it not, to their ·exchanges that they had better have their houses in order contention that the stock market reflects the world value of the when we meet in December. commodity in which they deal? I ask unanimous consent to have printed in the RECORD a Mr. HEFLIN. Sure! The transactions on the stock ex­ statement from the Wall Street Journal of yesterday on the change for the last few weeks have shown that to be true. cotton situation. It shows that the price advanced a dollar Mr. CARAWAY. There can no longer be any justification, and a half a bale. That amount on a 15,00(),000-bale crop then, for their gambling under the pretense that they represent would amount to $21,000,000. · · world markets. The PRESIDING OFFICER. Is there objection? . 1\fr. HEFLIN. It appears to me that they have forced us all There being no objection, the article was ordered to be printed to that conclusion. in the RECORD, as follows : Mr. CARAWAY. I reached that conclusion a long time ago myself. COTTOc-; MARKET Mr. HEFLIN. I would not hesitate now, I will tell the Sen­ After a somewhat quiet opening on Tuesday morning the cotton mar­ ator from Arkansas, to vote immediately to put a stop to this ket started upward on buying in good volume from the trade. This fictitious speculation or gambling in stocks that is going on up induced extensive short covering, and at the highs of the day the market there; and I think he will agree with me. was up more than $1.50 a bale from the previous close. The advance Mr. CARAWAY. I would do it. atti·acted some profit taking and some selling from the South, but the Mr. HEFLIN. If they want to sell shares or stocks as they market closed steady at net gains of $1.25 a bale. Low private estimates sell cotton or any other actual thing that is all right. of ginnings were partly responsible for the advance. 1\Ir. CARAWAY. Anybody has a right to sell anything he In moderate trading prices were unchanged to up 4 points at the owns, and to buy what another man wants to sell, but he has no first call, when Liverpool was 2 points lower to 1 higher as compared right to sell what he does not own, and thereby try to ~nfiuence with due prices. Liquidatton of December and expectations of further conditions. liquidation in December, in advance of first notice day of Monday, The Senator spoke of Babson. Have not his opinions been November 25, to deliver on that month, acted as a check on the market. listed on the stock exchanges for years as of doubtful value? During the first half hour the market held steady, slightly above the Mr. HEFLIN. I do not know; but in the light of his recent opening level. r~prehensible . ac~ivities his opinions are entirely discredited by At the opening there was scattered buying from the tt·ade, Liverpool, me. and the Continent. Outside demand was light, but there was some 1929 CONGRESSION ~1\.L RECORD-SENATE 5839 demand from Wall Street, especially in -distant months. Commission a fair example of the difficulties and discouragements thrown in_the way houses liquidated in December. Local traders sold. Hedge sales were of an officer honestly trying to enforce the law. in only small volume. I refer to the case of Patrick .Joseph Kitterick, white, 22, who was New York Cotton Exchange service estimated that on the basis of arrested at 7.45 a. m. October 22, 1929, for driving at a greater rate the last Government estimate, the total ·stock of all cotton in the of speed than 30 miles an hour and transporting and possessing 240 United Staes on Ocober 31 was 13,401,000 bales, against 12,929,000 a quarts of corn whisky. All three of these cases were dismissed in police year ago and a 4-year average on October 31 of 14,087,000 bales; move­ court Monday by .Judges Given and McMahon. In my opinion, an in• ment from plantations this season' .represents 76 per cent of the esti­ vestigation of this case would serve to throw light on some of the rotten mated crop. This was taken as an indication of decidedly less hedge conditions in Washington to-day. pressure from now on. There was a turn to better weather conditions in the belt. The That letter is signed by a man who is responsible, and whose map showed fair weather over the entire South, but killing frost in name I would give except for the I'eason I have just stated. Oklahoma and heavy frost in Texas and Louisiana. Forecast for tbe Mr. President, I hold in my hand clippings covering a week, belt wa& fair, except increasing cloudiness and unsettled in east Texas. showing the crime committed in the city of Washington, begin­ Southern spot markets Monday were 14 to 30 points lower; sales ning October 27 and running up to the end of that week. Of course, I shall not ask to have all this material printed in the 38,000 bales, against 28,000 the previous da:y, and 39,0~0 a year ago. RECORD, but I shall call attention to just a few of the larger Liverpool cabled : Bombay, selling, covering, local liquidation, and cases. · · hedging; scattered cloth sales to India; low rate of exchange restrict­ ing business with Cl\ina. I find these headlines in the issue of the paper of October 27 : Worth Street advices were that trading in dry goods and cloth Police take 20 in a rum raid. markets ~onday was very slow, with prices irregular. Vice squad arrests 19 in E Street gaming raid. A buoyant tone developed during the late morning. Active buying, Cop suspended as intoxicated. credited as being for account of European spinners, disclosed a scarcity Six are arraigned for manslaughter. of c_ontracts in the ring, and as t}}.e market started upward, short inter­ The next day the following appeared : ests rushed to cover. At the highs, the list showed advances of $1.50 a bale over the previous close. Going into the noon hour gains of Police drive results in 16 new rum cases. ~bout $1.25 a bale were recorded. "Langdon, ousted cop, suggested flight" to a man who Fossick Bureau, of Memphis, estimated ginnings to November 14 at escaped from the jail. 11,900,000 bales. American Cotton Crop Service estimated them at On Monday the papers proceeded to give an account of several 11,992,000 bales. These estimates compare with the census figures of cases. One man was caught with 88 ql;Jart~ of liquor. A large ginnings to November 14 in 1928 o_f 11,321,000 and in 1927 of 10,295,000 number were arrested for gambling. bales. I could go on and read these different articles, but I do not Trading turned quiet during the early afternoon, but the market had a care to take the time of the Senate in that way. firm undertone. Early in the final hour the list was up more than $1.25 In the ·papers of Tuesday, October 29, I find the following a bale. Wires from the belt reported a scarcity of offerings of actual headlines: cotton and a stronger basis. Closing gains in the stock market and an Rov-er [the district attorney] seeks aid of landlords in enforcing red advance of between 3 and 4 cents a bushel in wheat had a favorable light law; padlock injunctions threatened. etrect on sentiment in the cotton market. Exports for the day were 69,874 bales, against 44,367 a year ago, In this article numbers ~regiven of certatn houses which l\lr. bringing the total for the season to 2,917,581, against 3,224,358. Rover suspected. Fi>e indicted in rum cases. c1osing The following appeared in the papers of apture hit-run autoist, held rum runner. Detectives posing as patrons nab 49 men in gaming raid. Man bonded at $1,500 on narcotics charge. Mash and still taken in raid.· Trap laid in Roosevelt nets two on varied liquor charges. From the Washing~n Star of Friday, November 8: And so it continues along. Friendly, _tussle results fatally. Switchman who fell from tower while The Washington Times of Saturday, November 2: :boxing friend dies in hospital. Bootleggers will cheer. Judges and prosecuting officials in the pollee Eleven are taken in custody on gaming charges· after raid. court find that jury trials of bootleggers in the future will be delayed Five are arrested in three gaming raids in 24 hours. at least a year, probably much longer. • • • Bootleggers unable to Diamond ring theft is reported to police. give bond and forced to go to jail get the worst of present conditions. Robert Swan, colored, takes knife to bed, threatens wife, gets 30 days That the jail may not overflow the comts try jail inmates first. Convic­ in jail. tions are more likely. Congress knows this situation in Washington. From the Washingt-on Herald of Friday, November 8: It knows that justice is frequently defeated by delays through deplorable condition in court calendars. Police seize United States spy at dope trial after enemies attack him. Undercover agent arrested on complaint of suspect after beating attempt. The headlines continue: Will complain to Pratt. Bootleggers hun ted by wire tappers. That was a case where a man was working for the United From the Evening Star of November 2: States Government, and because he went down to court and ·witness captures hit-and-run driver.• testified, the policemen jumped on him outside of the courtroom Fifteen-year sentence for colored men. door, beat him up, locked him up in jail, and the United States officers had to go and try to get him released. If they had been white men, I suppose t~ey . would .have been given 30 years, but they love the negro so much up here that I From the Washingtpn Post of Saturday, November 9: supp~se they let him off a little ~asier. Fifty-four men are taken here in series of raids for gaming. Pol.ice near death in rum-car chase. BROOKHART plans to describe wet dinner party here. Hotel man to face jury in liquor quiz. Four. plead guilty to rum-plot charges. __ Policeman fined as drunken driver. Washington Post, Sunday, November 3: Federij.l agent complains police failed to notify Narcotic Bureau. Seven seized in warfare by Rover on rum. From the Sunday Washington Star of November 10: Alleged race book in K Street raided. Twenty-seven are arrested in gambling drive. Four men were arrested and 20 seized as witnesses in a raid yester- day afternoon. From the Evening Star of Friday, November 15: Pair given 15 years for rum-chase killing. Papers missing from court files. Police court clerk's office investiga­ From the Washington Times, November 4: tion fails to reveal docume.nts. "In view of the fact that approxi­ mately 70,000 liquor cases . were handled in i:he clerk's ·office last year,'' United States·raiders mass to dry ~:p Capital. Age':lts ~ather data to make sudden strike at violators. .. "Judge Hitt said, "it is not surprising that some mistakes should crop out." Washington Star of November 2: From the Evening Star of November 13 : Policeman blamed in death of man. Injuries . sulfered in alleged · beating in raid declared cause. Police accused of taking bribes. Victim shields trio who took him !or·a ride. From the Washington Post of November 17: Store robbed of $5,000 furs. Two held as police nip pay-roll holdup. .Police culled to shield wife. Seventy-five gallon stili taken in southwest house. From the Wasbington Post of Monday, November 4: From the Sunday Star of November 17: Unruly prisoner fights policeman. Fourteen persons seized as police renew drive on liquor. Fifty-one Bold robbery nets fw-s worth $5,000. quarts of whisky and five gallons of wine are confiscated in raid. From the Washington Times of November 4: From Washington Herald November 17: Food, dancing, drinks cost but 35 cents. The millennium has arrived Fifty thousand dollar dope taken here in midnight raid. (See CON· if what Katie Ford and Corinne Robinson, both · colored, told about a GRESSIONAL RECORD, _November 18, p, 5686.) dance they were running at a hall in the 900 block Fourth Street NW. is true. Then, I have an article which I ask to have printed in the Cop is accused in traffic arrest. REcoRD, appearing in the Washington Times on November 11, Senators get new facts. 1929, and headed " District of Columbia Rum Ridden and Mr. Rover Is to Blame--He Has Snoozed on Job, Shown No Zeal, Listen to this one, Senators, from the Washington Post of and Has Acted Only When Prodded Hard." I ask that that be Tuesday, November 5: printed in the RECORD. Twenty-eight . thousand eight hundred and eighty-five arrested by The PRESIDING OFFICER. Without objection, it is so or­ Capital police in three months. dered. . The .article is as follows : I think that rather bears out what I have said. {From the Washington Times, Washington, D. C., November 11, 1929] Figure is exclusive of fugjtives apprehended on outside charges. Liquor and traffic violations in lead. Volstead Act seizures for quarter DISTRICT OF COLUMBIA RUM RIDDEN A.ND MR. ROVER IS TO BLAME--HE HAS po.t at total of 1,227. Drunkenness arrests normal. SNOOZBD ON JOB, SHOWN NO ZEAL, AND HAS ACTED ONLY WHEN PRODDED HABD From the Washington Post of November 6: President Hoover, earnestly desirous of bringing about rigid observance Two thousand quarts of alcohol seized by detective squad. of the prohibition law, declared in his inaugural address that "justice Police make huge liquor haul here. Two thousand·· quarts of alcohol must not fail because the agencies· of enforcement are either delinquent are taken fl'om truck. Stills are seized. or inefficiently organized." , , . Twelve trapped by police·in gambling seizure. He. further declared that "of the._undoubted abuse~ w.hich have grown · Jones Act conviction follows abetting count. up under the· eighteen til amendment, ·i>art are due • • • to the 1929 CONGRESSIONAL RECORD-SENATE 5841 failure of many State and local officials to accept , the obligation under ney Charles Murray, in charge of the prosecution of all cases other their oath of office zealously to enforce the laws." than prohibition, announced that hia office has approximately 400 cases How applicable these sentences to conditions now existent in the pending for trials by jury. He says that this represents a delay of District I about two years in the trials of those who demand them now. Justice iS failing most woefully in Washington when, as the Wash· Assistant United States Attorney David A. Hart, chief prosecutor of ington Times pointed out, speakeasies and bootleggers continue to flour­ prohibition cases, in announcing a change of policy about a month ago, ish-and apparently without much fear of police interference. said that the trials of violators of the prohibition law faced a · year's And justice is failing because the chief enforcement agency, the dis· delay, Although Hart has combined many of the old cases, some of trict attorney's office, is both delinquent and inefficient. them dating back three years, he is st eadily losing ground and it now And the undoubted abuses that have grown up in the District under appears that these cases face more delay than was first announced. the eighteenth amendment are partly due to the failure of District At­ POINT IS ILLUSTRATED torney Leo A. Rover to accept the obligation under his ()ath of office Murray used a schedule for a jury day last week to illustrate his zealously to enforce the prohibition law. point. Fifteen cases were due to be tried on this particular day. The Why should it have been necessary for the Times to prod Mr. Rover, Government announced that eight were ready to be brought before the the sleeping watchdog. the snoozing guardian of the people's safety and jury. Only three cases were handled on this day, which was an aver­ security, into activity in the matter of prohibition law enforcement? age one, and the others were continued. And why should it have been necessary for the Times to demand action on his part before he summoned Senator BROOKHART before the grand Persons who might be innocent of the charges on which they were jury to testify regarding that wild congressional rum party? arrested are forced to remain in jail for long pet:iods awaiting trial And why did Mr. Rover fail for two whole days even to accept the because there are too many cases ahead of them and they are unable detailed evidence of lawbreaking gladly offered by the city editor of the to make bail. James Wise was arested by police October 19 and Times? charged with carrying a deadly weapon. He was locked up and has There bas been no evidence of speed or zeal on the part of Mr. Rover remained in jail ever since. Murray says that many defendants un­ to enforce the prohibition law? doubtedly seek trials by the court rather than face a wait in jaiL On the other hand, Mr. Rover has resorted to legal quibbling and CASES ARE NOLLE-PROSSED hair-splitting, harassing reporters who furnish him tips on speak­ The assistant United States attorneys are forced to nol-pros many easies and bootleggers, and finally getting th'em jailed for 45 days. of the old cases because the arresting police have long since forgotten Our entire judicial system is wrong when public-spirited newspaper the incidents of the arrest. There are several cases in which thl' de­ men, rendering a distinct service by pointing to violations of law, are fendants have died before they are brought to trial. thrown into jail while the lawbreakers themselves are permitted to go A man was sentenced to serve eight years in jail when he pleaded scot free. guilty on several charges of simple assault when tried by a police judge It is just such wrongs as this t:4at President Hoover probably had three weeks ago. If he had pleaded not guilty and had demanded a in mind when in his inaugural address he said: "To ree'stablish the jury trial he might not have been tried for two years, Murray po!nted vigor and effectiveness of law enforcement we must critically consider out. The chances are that there would not have been sufficient avail­ the entire Federal machinery of justice. • • There is a belief able evidence to try the man at the end of this time, and undoubtedly abroad that by invoking technicalities, subterfuge, and delay the ends the penalty would have been lighter. Qf justice may be thwarted by those who can pay the cost." Although there are the same number of judges in police court this And how absurd that existing law should permit a grand jury auto­ year as there were in 1925, figures show that these judges at the· end· cratically to bring about the jailing of three reporters who refused to of the year will have handled almost twice as many cases as in the testify quite to its liking, despite the fact that virtually all the essential former year. Sixty-three thousand cases were handled in 1925, while testimony they were possibly able to give was already before the jury William A. Norgen, acting chief clerk, said that this year's tot~l will in writing. exceed the hundred-thousand mark. The number of cases have iP.<'reased President Hoover in his inaugural address mentioned the necessity of 500 per cent since 1902, when 20,000 were handled. The number 'has selecting a higher type of juries. How urgent is this need. increased greatly since 1920, when 42,000 were r ecorded. Tile fadlities Would 23 persons of real intelligence, average common sense, keen for trying cases have been increased very little during this time. feeling of civic duty, and deep moral fib er permit the jailing of those engaged in helping ferret out crime? Mr. BLEASE. . In the Washington Herald of Noveml>er 20, · President Hoover's national commission now making a searching in­ 1929, is an article entitled "Police Docket Jam Is Blamed on vestigation of the whole structure of our Federal system of jurispru­ New Judges. Six Hundred Cases Await Trial. Some of Liquor dence would do well to devise methods for obt aining a higher caliber Violations Will Not Be Heard for Two Years." I ask that this of grand jurors, to restrict their autocratic power, and to curb the ma_y be printed in the RECORD Without I'ea:ding. tyrannical power of judges in contempt proceedings. The PRESIDING OFFICER. Is there objection? .The Chair Senator ARTHUR H. V A.NDENBERG, of Michigan, is author of a bill now hears none, and it is so ordered. pending which would curtail the power of judges in contempt cases. It The article is as follows: is much-needed legislation and should have wide support. [From the Washingi;on Herald, ~ovember 20, 1929] The bill would make it impossible for the same judge both to chal­ lenge and adjudicate an alleged contempt when it was not in his imme­ PoLICE DociET JAM 1s BLAMED o~ NEw JUDGEs-srx HuNDRED cAsEs diate presence and when it involved a personal issue touching his own AWAIT TRIAir--SOMlll OF LIQUOR VIOLATIONS WILL NOT BE HEARD FOR character or reputation or exercise of power. It would permit the TWO YllA.RS defendant to be tried by another judge. · With 600 cases, including those of the liquor variety, now awaiting Such ·a law would have applied in the case of the Times reporters. tl'ial, the prosecution of actions in the police court is lagging hopelessly For Justice Peyton Gordon, who sentenced them to 45 days in jail, behind, it was revealed yesterday. was district attorney two years ago-at the time that a survey was Violators who have demanded jury triais can not be brought to trial made by a high Stat~ official revealing that Washington was rum for at least two more years save' in cases involving violations of the ridden. Volstead Act, in which case it is probable that the wait will not be It was this report that was being printed by the Times when Mr. longer than a year. Rover, wlio two years ago was assistant to Gordon, called upon the WITNESSES GONE Times to submit its evidence to the grand jury. Such conditions, due to lack of courts and judges to preside, result Facts brought out by the Times not only indicated that Rover's in defeating the ends of justice in many instances. There are cases, not Qffice was lax but that Gordon's had been just as lax two years ago; or, infrequent, in which the arresting officer has left the force or died, or in other words, that there have been at least two years of continuous the defendant or witnesses have died before the accused can be brought laxness and lawlessness. to trial. ·Mr. BLEASE. In the Washington Star of Tuesday, Novem­ Sometimes, through no fault of the prosecuting attorney, defendants ber 19, 1929, there appeared an article headed " Two-Year Delay are kept in jail for long periods before they can be brought to trial. Faced in Police Court Jury Trials." I ask that this may be James Wise, charged with carrying a deadly weapon, has been in jail printed in the RECORD. since October 19 pending a jury trial. The PRESIDING OFFICER. Is there objection? The Chair Prosecuting attorneys find it difficult to secure convictions on cases hears none, and it is so ordered. which are many months old because of the doubt that can be thrown The article is as follows : on the credibility of the evidence. [From the Star, Washington, D. C., Tuesday, November 19, 1929] The number of cases bas increased greatly in the last few years. But TWO-YEAR DELAY FAClllD IN POLICE COURT .JURY TRIALS-INADEQUATE the number of judges to hear the trials has not increased proportionately. ' FACILITIES AGAIN FQRCEFULLY ILLUSTRATED BY UNITED STATES AT­ INCREASE TOO GBEAT TORNEY-PROHffiiTION CASES JAM SCHEDULE YEARS AHEAD--PERSONS ':ARRES'I'ED AND UNABLE TO MAKE BAIII SEE PERIOD 01' LONG JAIL WAIT From 1902, when there were approximately 20,000 cases cleared, to :• '.Inadequate facilities for ha;.dllng.'fury cases at Police Court were 1925, when records show 63,000 entries, there was an increase of over brought to the fore again to-day when Assistant United States Atto:r- 300 pe.r cent. At that time a fourth judge was added, but since then 5842 GONGRESSION AL RECORD-SENATE NOVEMBER 20 there has been no addition in spite of the fact that a sharp rise of to reach at a certain hour. About- 40 minutes before that par­ almost 40,000 cases has taken place. ticular place was to be raided the telephone rang. A United . There were 92,000 violations heard at police court during. 1928, bnt States official :was in that place; he heard the telephone ring; a this year· there will be over 100,000, according to indications. Until quiet conversation was held, and immediately those in charge . Congress appropriates money for a -new police courthouse :tnd for addl­ of the place removed the narcotics, or "dope," as it is called, tional judges, there is no hope of clearing things up. In fact, the and they also removed the liquor. So when the raiding squad docket is becoming more crowded (•ach week. reached that place 30 minutes later they merely found two or Mr. BLEASE. An editorial appeared in the Washington Post three persons sitting around laughing and talking, and it seemed on Wednesday, November 20, 1929, entitled "Local Court Cou­ to be as nice ·a place as could be found anywhere. Who gestion," reading as follows: tipped that place off? It was some- man connected with that raiding squad or some man who was connected with the police The police court is incapable of handling the cases brought before it. department or a department of the Government who knew that A statement from Charles Murray, assistant United States attorney, tlle raid was to be made. It could not have been done other­ shows that 400 cases are pending for jury trials and that the court is wise. That is what is going on in the District of Columbia. two years behind its schedule. The situation becomes more hopeless I presume Senators know how a raid is conducted. Those every day, for the comt is constantly getting farther behind. The num­ arranging it will as ign a squad to the work, and will say, "We ber of judge~ has not been i.ncreased since 1925, while the number o! will raid A, B, and C, and we will start this raid at a certain cases has almost doubled. hour." Any man with good sense who bas ever participated in I thank the Post for this. I referred to the condition the a raid and h"llows how long it takes can calculate almost to the · other day in my remarks asking that the District be subdivided. minute when the raiding squad will reach any certain place. It The editorial continues: is apparent that somebody who is connected with the Govern­ The Federal Constitution provides that "in all criminal prosecutions ment in Washington somewhere is tipping off these places. The the accused shall enjoy the right to a speedy and pubiic trial," yet in the officers supposed and bad a right to believe that the places to be Nation's Capital a man must wait two years or more before he can raided were operating illegally. They placed a man in this have a jury trial for a petty offense. Persons who are unable to furnish particularly notorious place and told him to go in there and bail must stay in jail for months, even though they may be innocent of keep his eyes open until the raiding squad arrived. I have the charge, When the courts do get around to try such cases, the stated what happened. That man is going to testify to it, too, witnesses have often disappeared and the arresting officers may have before the subcommittee when they ge-t ready to go to work. forgotten the facts on which prosecution is based. There can be no I say, 1\lr. President, that something should be done. We all justice either to the accused or to society under these conditions. love 'Vasbington. I 'Yent to school here for one year, though, Such a flagrant case of injustice through governmental neglect should of course, that was a long time ago. I graduated at a la\Y not escape the attention of the National Commission on Law Enforce· school here. I love that college, and I do not even like to bear ment. There is no occasion, however, for depending upon the commis­ anyone say anything against it. At the time I went to that sion for relief. Congress should give the courts prompt relief so that college it had on its staff a· fine and able professors as ever they can bring their dockets up to date without delay. held chairs in any college. I can call the names of the judges and distinguished lawyers Mr. President, I said the other morning that what we need are who were teaching in it at that time. The present dean of that ' more grand juries. Somebody came out in the paper and .said law school was then one of its professors, and the late Joseph that it was not a question of more grand juries; that there is a .r. Darlington, of the District of Columbia bar, was then at the • law here passed many. years ago which gives the right to ·have bead of the departments. I have- visited Washington many two grand juries. If so, why have not the authorities used that­ times since. I love the city ; I love it because it is the Capital law and had more bills acted upon? I have made the charge of the United States, and every man, whether be lives in the here that there is incompetency in the district attorney's office. wilds of Africa or in Chicago or in. Due West, S. C.-which I By the way, just in passing, they had an assistant district think is the most moral and best town in the world-ba an attorney here by the name of E. J. Davis. I received a letter aspiration to come to Washington. He ought to feel free to from a woman giving some facts about one "E. J. Davis." I walk the streets of the city night or day; be should feel free to sent that letter to Mr. Rover. I received a very nice reply from go out when he pleases and come back when he pleases, and not Mr. Rover on November 1. The Washington Times on Friday, have to walk in the middle of the sh·eet for fear some fellow November 15, carried an article reading as follows: will step from behind a post and knock him in the head and rob E. J. DAVIS QUITS ROVER'S STAFF him. Ladies, also, ought to be fTee to walk out on the streets and feel that they are protected and not be in fear of having After serving less than five months, Ernest J. Davis, colored assistant their jewelry jerked off them or of being h"110cked down or other­ 'to Leo A. Rover, United States district attorney, yesterday resigned, wise injured. We ought to have a clean city here, but we shall effective December 1. Davis, who bas been in charge of the prosecution of numbers games never have it with Pratt at the bead of it. and other forms of gambling, was appointed to succeed Thomas H. Jones, Hearsay, of course, is not testimony in any case, but I have who died early this summer. Jones was the -first colored attorney to much information from reliable persons, and if some of those serve as an assistant in the district attorney's office. who have talked to me would give me the liberty to call their Davis will enter private practice. He is a graduate of Howard Uni­ names, and to reveal what they tell me, I do not believe either versity Law School and a native of Texas. one of the present commissioners or Pratt would be in office 24 hours. I do not believe even Hoover, with his 1\Iu~solini ideas I want to congratulate Mr. Rover for getting that negro out and thick bide, could stand what is going on in the city of of his office. I am ,_· atisfied that this woman's letter and the Washington to-day-bribery of officers, perjury of officers. I tell· charges therein contained were the cause for them putting him you, Senators, something should be done, and it should be done out. by Congress. Nobody else is going to do it. As I said, I wanted to make these few remarks because the As I said yesterday or· day before, the man who is upposed people who read the CoNGRESSIONAL RECoRD do ·not-always read to repre ent the Government -of the United State , i sjtting in the newspapers and I did not want the impression to go out that the jury room and calling before the grand jury all the witnesses some of the newspapers are trying to create. I did not want it of the defense, even the alibi witnesses, acting not in the per­ to be believed by the people of the country that I was making formance of his duty to the Government but actually acting as charges against the e departments without justification and that the defendant's attorney. He is being paid by the Government, I was charging that crime was being committed in the city of but be is presenting witne ses to prove the alibi of a man who Washington, that gambling dens and liquor joints and similar is charged with a crime, presenting witnesses there to prove the places exist, simply for the purpose of trying to do harm to the innocence of the man charged. I never heard of ::;uch an out­ city of ·washington. I want those who read the CoNGRESSIONAL rage. RECORD to see from this horrible list of crimes in just one week I have said on this floor, and I stand by it, that I condemn following the introduction of my resolution · and my discussion no man ; I do not condemn the defendant in this case; I say he· of the situation just what crime is going on in this city to-day. has a right to be con. iclered innocent until he i proven guilty; I could haYe 1-.ept one of my clerks busy up to this time clip­ I hope he is not guilty; I hope he can prove himself clear; but ping accounts of crime and clipping descriptions of the way in somebody killed that girl; somebody murdered her. Yet here is which justice is being maladministered in the District of Colum­ the Government attorney in the grand jury room presenting wit­ bia, but I simply clip a sufficient number to prove that these nesse , endeavoring to prove that it is a case of suicide. For things are going on here and that there is being no effort made what reason? In order to discredit Robert J. Allen. It is an to stop them. outrage. Recently arrangements were made for a raid on certain 1\Ir. President, do not think the people of the United States plac~s. one of them a very notorious place. An agent was sent are not watching ; do not think that such condition · are not into that place where the raiding squad was to go, which it was goint; to hurt business in this city. People are not coming here 1929 • i CONGRESSIONAL. RECORD-SENATE' I 5843. to trade, they are not com.ing here to spend · holidays, if· they ·we could have· the courts going ·on at the same time, we could 1 can be murdered like dogs, if their jewelry can be taken from have justices to look after each district, we could have jm·ors them, and if gambling joints and hell holes can be run and to look ·after each district; and I believe that is the only way protected by the head of the police department and then when we will ever get these dockets cleared. I believe it will be raids are organized the criminals can be tipped off when the found to be the only way in which both guilty men and innocent raids are started. People know of the conditions. They do men can be brought promptly to trial, as provided for in the not know all, but they will know all. This is our city, and it is· Constitution. rotten-rotten to the core. I have called the attention of the Senate and the attention of Mr. SIMMONS. Mr. President-- the country this time-and I am through ·now-to what is going The PRESIDING OFFICER. Does the Senator from South on in this town. I could have presented you this morning '\\ith Carolina yield to the Senator from North Carolina? a little substance that shines and looks somewhat like granu­ Mr. BLEASE. With pleasure. lated sugar. They tell me that it is th·e most dangerous of all l\1'.:. SIMMONS. Does the Senator from South Carolina drugs-cocaine. I saw a package of _it this J;DOrning and was told mean to say that a grand jury sitting to inquire into an alleg~d it was bought on Pennsylvania Avenue this week. I saw it crime heard the witnesses in defense of the man who was sus­ myself. The man had it in his hand. I was told that an~' One pected of the crime? could get more in 20 minutes if the man is in his office; yet they Mr. BLEASE. Yes, sir; and those witnesses were presented tell us that we have a clean city. Some ~f the papers ho_ld up by the man whom the Government is paying to represent it Washington as this, that, and the other. Well, what I have read before that grand jury. here looks like a clean city. It looks like efficient officials. It Mr. SIMMONS. I do not know, Mr. President, what may be looks like men who are doing their duty. the law in the District of Columbia, but that sort of procedure There is a little personal matter that I do not propose to is not allowed in the grand=jury room of any State in the Union, refer to at any length now, but I mention it in order that if any­ so far as I am a ware. :thing comes up you will remember that I did mention it. There Mr. BLEASE. It is allowed nowhere in the world except in are men hanging around _police hea.dquarters here who have Washington. been kicked out of the police service who are still there and are l\Ir. SIMMONS. It is a very remarkable proceeding. having influence doing dirty work; and some of that dirty work . Mr. BLEASE. Furthermore, those witnesses are not allowed is being done against Members of this body. I merely call at- . to tell what they know in the grand-jury room. The man who ,tention to that now so that if anything comes up later I can is representing the Government asks them questions, and they .show you that I knew what was going on. I know they ~re must answer either " yes " or " no." They are not told to go ·there. I know they are there every day. I know what they are ahead and tell what they know about this case; they are not ·doing. One of them is so kind as to take his dinner some days asked for general information; but their answer must be "yes" in the coffee shop where I dine. I suppose he does not think or their answer must be "no." One of the principal witnesses that I know him, or know that he is taking his dinner there; in' this case went before the grand jury and was not allowed ,but I do know it. I know the table at which he sits. I always to tell what he knew ; he was not allowed to give circumstances ; take pains to see that he sits· facing tne, and not behind my he was not allowed to give facts; he was only allowed to answer back. questions " yes " or "no " as propounded to him by the man Now, Senators, those are the facts that I have told you, and who is supposed to be representing the Government. I know I can prove every one of them to the entire Senate in an hour. what I am talking about; it is not a case of hearsay; I got the I am going to prove them to your subcommittee. Nobody, I information right out of the grand-jury room ; and if no true think, will deny them. The newspapers say they are true, and, bill is returned in the McPherson case it will be because of. the of com·se, they never have told a lie. What are you going to efforts of Mr. Laskey in presenting to the grand jury every do about it, Mr. Chairman of the Judiciary Committee? Shelve witness that he could find to prove that McPherson is not my resolution until other people are murdered, until other guilty. . . women,are choked to death, until other men are beaten up for That man who would corrupt the ballot box or the jury box is telling the truth ; or are you going to· trY to take some action the worst criminal known to justice or civilization, and should early in the regular session, and give-relief to this crowded con­ be punished to the full extent of the law. dition and this horrible condition of crime that is going on in Senators, that is the situation we have in Washington. It the Capital City of our Nation? does not interest me as an individual. I go where I please, night or day. I go where I please, to suit myself, and come BOGER W. BABSON'S CRITICISM OF THE SENATE back when I get ready. So conditions do not worry me per­ Mr. WALSH of Montana. Mr. President, I feel justified in sonally, and I am not afraid that anybody will hurt me at all; mterrupting the regular course of proceedings to-day to call in fact, I think t hat some of these fellows ought to know that attention to a statement in· the Babson article which appears I am their friend, for God· knows I have pardoned more crimi­ in the Post of this morning in the nature of an alleged historical nals probably than any man who has ever lived, to give them fact for which there· is absolutely no foundation whatever. another chance in life. But we have a responsibility above our In order to· appreciate the significance of it, attention must personal feelings, and that responsibility is to the people of this be paid to a few paragraphs preceding the particular matter city and to the people of this Nation, to give to Washington a to which I address myself, as follows: clean administration, to give to it clean police officers, clean Certainly, the business men of Rome had no more on Nero when he heads of departments, and not men who themselves sell liquor, was fiddling dw·ing that great panic of 2,000 years ago than the not men who give criminals cha'rged with serious offenses the business men of America have on our Congress, which is fiddling so keys with which to escape from their cells, not men who accept hopelessly to-day. This especially applies to tbe Senate. bribes, not men who beat up a witness because he goes into Here, while the stock market has crashed and business is declining, court and tells on one of their pets, as was done here the these men, without any regard for the Nation or their constituents, are other day in front of the courthouse. thinking only of themselves and their own political fortunes. More· It i' for these reasons, Mr. President, that I asked the over, this does not apply to any one part of one group. Republicans Judiciary Committee by. a resolution to see if the District of and Democrats, Old Guard and "freshmen," conservatives and radicals, Columbia could not be divided into more than one district. As young and old, are just playing politics with the idea of putting their I have said, the various States are so divided. My State, which opponents in a hole. is a compa1·atively small State, has three judges. I do not know URGES CONGRESS TO ADJOURN e:x.actly, but I doubt if there are as many people in South Caro­ In behalf of the business men of America I appeal to Congress to lina as live in the District of Columbia ; certainly there are adjourn on the tariff and stay adjourned until business confidence is not so many as live in Washington and in the adjoining small revived. ·towns and suburban settlements who come here every day. I think Washington should be divided either into two or three The paragraphs I have read are followed by some in which districts, and let the grand jury work just as the grand jury incense is burned to the P!·esident of the United States, and works, for instance, in my State. We .have court in Charles­ recognition· is given to the heroic efforts he is making to save ton, court in Columbia, and court in Greenville. We have the situation. Then, toward the close of the article, we have grand juries working in different parts of the State. the following : I could not draw the bill now, because we would have to take Let Congress pass one bill giving necessary powers to President geographical divisions into consideration, and we would have Hoover, as did the Democratic Congress of 1914, and then adjourn. to take population. For instance, we could not say " the A political moratorium with a united Congress behind President northwestern division," because there might be so many more Hoover would do more good to business than anything else. Moreover, people there than there might be in some other division. That when these Representatives and Senators got back to Main Street they would take time, and the bill would have to .be drawn with care would see a side of American business which they don't see in and s9 divid~. Then we could have two or m~e grand juries. Washingto:q. 5844 CONGRESSIONAL RECORD-SENATE NOVEMBER 20 There are times when our Representatives and Senators are needed any extraordinary powers, Qr, indeed, any powers at all. On at Washington, but- to-day they ·are most n.·eeded at home. the contrary, during· that period, in addition to a very _consid­ Mr. President, this conveys an idea which has been the sub­ erable grist of legislation, general in chru·acter, there was ject of some animadversion heretofore in this Chamber, namely, enacted some of the most important Jegislation that gave dis· that what we· really need in this country is a l\iussolini ; that tinction to the first administration of President Wilson. we want a dictator, a President of the United States ~ho will I may remark in passing that the Congre s having been ~o the whole job of enac~ng . o-qr laws, legi lattng for us as assembled . in special session upon the call of the President of well as executing and administering the laws; apd support is the United States on the 7th day of April, 1913, it remained in claimed for that idea because it is ·said that it was put in force continuous session, without break, until tbe 24th day of October, / during the Democratic administration of President Wilson. 1914, the special session thus called merging into the general · Mr. CONNALLY. Mr. President, will the Senator yield in session beginning the first Monday in December, 1913. order that I may suggest the absence of a quorum? I think the After war was declared in Europe, far . f~·om then adjourning other side of the Chamber ought to get the benefit of tllis. after granting general powers to the President of the United Mr. WALSH of Montana. I yield. States to deal with the situation, important legislation was Mr. CONNALLY. I make the point of no quorum. enacted. . . . The PRESIDING OFFICER (Mr. FEss in the chair). The Mr. NORRIS. l\Ir. President, in the interest of accuracy, may clerk will call the roll. · I call the Senator's attention to the fact that I think he stated The Chief Clerk called the roll, and the following Senators that the special session adjourned in October. a·nswered to their names : Mr. WALSH of Montana. The special session convened the Allen George Kendrick Simmons 7th day of April and ended · with the beginning of the general Barkley Gillett Keyes Smith session on the 1st day of December. Bingham Glass La Follette Smoot Mr. NORRIS. Yes. . B,lack Goff McKellar Steiwer Blaine Goldsborough McMaster Swanson Mr. WALSH of Montana. Vice President Marshall announced BJease Greene McNary Thomas, Idaho that the hour of 12. o'clock on December 1 having arrived, the Borah Hale · Moses Thoma-s, Okla. special session stood adjourned, and the hour of 12 o'clock on Bratton Harris Norl)eck Townsend­ Broussard Harrison Norris Trammell December 1, 1913, having arrived, the general ses ion started. Capper Hastings Nye •rydings That general session continued until the 24th day of the fol­ C.Qnnally Hatfield Overman Vand ~ nberg lowing October. Copeland Hawes Patterson Wagner Couzens Hayden Phipps Walcott Mr. NORRIS. That was my recollection of the matter, and Cutting Hebert Ransdell Walsh, Mass. I rose only because I thought the Senator said, and Senators Dale Heflin Robinson, Ind. Walsh, Mont. around me had the same impression, :that the special session Dill Howell Sackett Waterman Fess . Johnson Schall · Wheeler adjourned in October. I wanted to call his attention to the fact Fletcher Jones Sheppard that it did not. . . Frazier Kean Shortridge . l\lr. ·wALSH of Montana. If I made_any such statement, it . · The PRESIDING OFFICER.· .Seve-nty-four . Senators have referred, of course, to the general session which convened in answered to their names. There is a quorum present. December, 1913. . ~ Mr. WALSH of Montana. Mr. . President, w})en the proceed­ The conditions arising consequent upon the declaration of war ings were interrupted by a call for_a quorum, ~ was asking at­ made . it next to impossible to secure marine insurance .for timtion to the Babson article appearing in the press this morn­ American ships, and on September .2, 1914, there was. approved ing, and referring ·particularly to that part of it which charges by the President of the United States the war risk insurance. act. the ·senate. with aggravating the present situation caused by On September 26, 1914, there was approved the act creating the crash in Wall Street while the President of the United the Federal Trade Commission. . , Stn tes was · engaged in a commendable effort . to relieve . the On October 15, 1914, there was appToved the Clayton Act, tension. . dealing with the trust problem. . · I was invitin-g particUlar attention. to the concluding para­ On October 20, 1914, there was approved the act authorizing graph of the article, as follows : the. leasing. of coal lands in Alaska. . Let Co~~ress.. p;ss ·one bill . giving Qecessary power~ t~ President On October 2'2, 1914, . there was approved au act revising and Hoover, as did the Democratic Congress of 1914, and then adjourn. reenacting 'the internal revenue law. . A .political moratorium with _a . united . Congress behind President On September 11, 191'4, an act .w.as passed appropriating Hoover would , (jo ll10Z:e _good to l?usi_ness than anything else. · More­ $1,000,000 to repatriate American citizens marooned in Europe, or to reimburse the governments of the European countries oyer, when these Represen~atives and S~na~ors got back to Main Street they would -see a side of American busines_s -whit;:h they don't see in which had made advances to .those so. situated, and the pro­ Washington. gram under which the Democratic Party . c_ame into power in There are times when ou.r Representatives and Senators are needed 1913 having been completed, the Congress adjourned on the at Washington, but to-day they iue mos_t _needed at home. 24th day of October, 1914. there having been enacted mean­ while, first, the tariff revision of 1913, the Underwood-Simmons The idea conveyed by the article is one which has heretofore Act; the Federal reserve law had been enacted; the. trust been the subject of some discussion in the Senate, the idea that problem had been dealt with through the two acts referred to, what we really need in this country is a dictator, a President the Trade Commission act and tbe Clayton .Act. of the United States who would play the part of Mussolini in Thus, the program having been completed, tne Congress, after Italy, Riviera in Spain, and Pilsudski in Poland, and not be having been in session continuously for something more than a bothered at all with a Congress that exhibits little good sense year and a half, adjourned. and no business capacity of any kind whatever. Mr. President, Mr. Babson represents himself as a ~tatis­ To buttress up the contention that that is the kind of a Gov­ tician, an assembler of facts and figures, which he furnishes to ernment we ought to have, it will be remembered that Mr. business houses in the United States, data supposed to be en­ Grundy a few weeks ago suggested what he thought ought to be tirely reliable. Yet for the purpose of making a point, joining a remodeling of our system of government. This idea is but­ in a hue and cry against the Congress of tbe United Stares, tressed up by the following : and particularly against the Senate of the United States, he is Let Congress pass one bill, giving necessary powers to President perfectly willing to put out such perfectly obviously false state­ Hoover, as did the Democratic Congress of 1914, and then adjourn. ments concerning historical matter. I do not care to comment upon the article generally. I believed that I had a rather accurate idea and recollection Mr. GLASS. Mr. President, will the Senator yield? of the legislation of 1914. Of course, the crisis of that time was Mr. WALSH of l\lontana. I yield. precipitated by the outbreak of t)le war in Europe. It was a 1\fr. GLASS. Does not the Senator realize that that is simply grave situation. The world exchanges had gone to smash, and a part of a concerted effort to direct attention away from those the conditions called for statesmanship of the very highest responsible for this disaster and to give it a different color? character. That the situation was met in a manner that mer­ Mr. WALSH of Montana. Quite likely. I do not read Mr. ited unstinted praise I think everyone will now at least admit. Babson's article as being in effect a repetition of the charge It was not met, however, as here suggested, by the Congress made by Mr. Kent, of New York, a few days ago; that the giving sweeping powers to the President of the United States, crash was due to the attitude and conduct of what he has and then adjourning. I · have this morning made a hurried termed "the coalition." Mr. Babson's comment is a general examination of the statutes enacted between the 31st day of tirade against the Congress of the United States, and particu­ August, 1914, when the war broke out in Europe, and the time larly against the Senate of the United States, without under- when the Congress adjourned, on the 24th day of October, and . taking to say that it is responsible for . the crash, but that; the I find no statute whatever-and that is entirely in accord with crash having occur,red, it is the business of the Congress w my recollection-granting to the Preside!!t of the United ~t~te§ _quit; in other words, that this body ought. t_o be deterred trom 1929 CONGRESSIONAL RECORD-SENATE "5845 proceeding with what it conceives to be· its duty to the country all that we can do in order to remedy that injustice we will not whenever Wall Street gets into trouble of any kind or a panic cease in om· efforts. in the stock exchange ensues. Let me read a paragraph or two from the utterly false and Mr. BORAH. Mr .. President, the remarks of the Senator fallacious statements of a man who bas professed to be aD ad­ from Montana [Mr. WALSH] illustrate what has been recognized viser to the sane and honest people of the United States. for a long time with reference to Babson-that is, he is utterly Certainly the business men of Rome had no more on Nero when he unreliable as to facts and utterly unsound as to opinions;· was fiddling during the great panic of 2,000 years ago than the business · It has been some time since the business world found it safe men of America have on our Con~ess which is fiddling so hopelessly to rely upon the statements of Mr. Babson. Whatever prestige to-day. he once had and whatever position he once occupied, he has for­ feited by reason of his willingness to serve certain interests, and In other words, having met for the purpose of readjusting the to prostitute his intellect for certain purposes. tariff, having met under the command of the American people, What is it that so· disturbs Mr. Babson? What bas the Con­ under the pledge of both great parties to carry out the command gress done or proposed to do? ·what has been its attitude ·that of 120,000,000 people expressed through their representatives, business should be shaken by the presence here of the Congress, we are deemed to be in the position of the drunken Emperor and especially of the Senate? There has been no threat, no man­ who bas been supposed, although it now seems improperly sup­ ifest intention to disturb the protective system. · There has been posed, to have been fiddling while Rome was burning. no purpose expressed, either imp:iedly or directly, that the Here, while the stock market bas crashed and business is decl~ing, vast interests which are now overprotected were to be assailed. these men without any regard for the Nation- We have not assailed these interests in the enjoyment of more " While the stock market has crashed! " Notice his subtle than ample protection. qishonesty, his studied deception, in saying not openly that the The protective system bas never been attacked in this body stock market has crashed because of our being here, but convey­ since the Congress convened. The coalition, so called, has never ing indirectly nevertheless to the people of the United States manifested a ·purpose to tear down or destroy the protective that those who get ready to tear at one another's pockets in system, but only to enable the entire country and all ind!lstr~es Wall Street were doing so because the Congress of the United to-share the protective syst-em. We have not sought to demolish States perchance proposed to do justice to agriculture. the fabric. \Ve have asked, according to our pledges in the campaign, to come in and enjoy it, and that is · all that has Moreover, this does not apply to anyone part ot one group. Repui}li­ been done. When Mr. Babson attacks the situation, while· un­ cans and Democrats, Old Guard and "freshmen," conservatives and willing directly to admit it, he is speaking ·- for those in this radicals, young-and old, are just playing politics with the idea of putting eountry who desire that the · protective system shall apply to theh· opponents in a hole. ' manufacturing interests alone. He wants a system which Where is the politics of the matter? The politics took place amounts to a special privilege--an unjust and partial system. in the campaign of 1928. Notwithstanding Mr. Babson's evident Does anyone suppose if we were here engaged in the task displeasure with our form of government, noth~ithstanding he of increasing, regardless of the conscience behind the increase, seems to desire that the voice of the people shall never be hear~ those manufacturing duties that Mr. Bab on would want us to yet so long as our Government exists as it does exist and so adjourn? Would· his masters who have spoken to him speak to long us no ·Mussolini has· yet been called in, there is only one him in different language and say, " Send out a call· to business safe rule to guide us, and that is the composite opinion of the that Congress should adjourn"? Certainly not. But when we men and women of the United States. e~pressed at . the polls. I come here and in accordance with our· pledges say that we wish ask Mr. Babson or anyone else to state to the public in specific to equalize, if it may be done, _the protective system a·s to terms wherein this Congress has digressed· from the pledges manufactures and agricultural interests,· those who have always made and the indorsement given to those pledges by the people been opposed to it being done ~peak through the· selfish and of the United States. venal voice of Babson. Now doubtless he thinks it all wrong. .It may be, if a man · Let me call attention to-just· one set of figures. Since 1919 like Mussolini were in control of _this matter or in control . of the American industrial income has increased· from $50,000,000,- the United States Government, that a man like Babson could 000 to $76,000,000,000, 52 per cent. . Is anybody attackin_g it? Is be better cared for and better taken in custody in .every exigency. anyone assailing it? Is Mr. Babson satisfied with an increase But it might also happen, on the other hand, that he would- be of 52 per cent?· Is busines.s_going to be shaken to the. earth so beheaded or sent to the island prison, because if he should ever long as that is continuing? And it is coJ~tinu!ng. Tll:ose for make the fatal mistake of stating a fact falsely and contrary to whom Babson speaks are enjoyi~g to-day 97 per cent of the the views of the Government that· would be the result which whole market. What do th.ey want? Rave the people of the would come to him. · That' would be the most persuasive argu- country, the consumers, no rights? · ment in favor of Fascism yet advanced. · But on the other hand ~ -'since' ).917 agriculture has d~cre_ased in income from $15,000,000,000 to $12,000,000,000, a decrease of In behalf of the . business men of America, I appeal to Congress to adjourn on the · tariff n.nd stay adjourned until business confidence is 20 per cent. It is for the purpose· of rectifying_as ~early as we may that manifest injustice, an injustice which is striking at revived. • • · • The restoration of confidence depends on Congress the economic life of the United States, that Senators have come adjourning and giving President Hoover a free hand to develop the here and _in_ good faith, through the · heated season ·and un­ work which he has in mind. • • * The conflict over the tariff, international affairs-.. brokenly, have been at work, :while this rna~ who has no re­ sponsibility, who could not carry a precip.ct in the United States, Observe again the cowardly misrepresentations. Wherein is whom no one longer tru ts, presumes to. say to Senators of the the Congress interfering with the President's foreign affairs? United States under their oaths that they shall abandon that In what respect are we bickering, as be says, over international ~~ . . affairs? Has Congress manifested any disapproval of any. for­ This is not alone the western agricultural interest. It is the eign movement which the President has made, or any movement entire agricultural interest of the United States. I have on my with reference to foreig~ affairs? But Mr. Babson would draw desk, which I will not take the time to .J;ead, an advertisement in, in the subtle manner in which he builds up a perfectly false from the columns of a newspaper in the great State of Pennsyl­ statement, the indication to the country that the Congress is vania, where in one county 35 farms a few days ago were ad­ here seeking to embarrass the President in foreign matters. ve·rtised for sale at auction-those old farms which the families Another studied misrepresentation. now residing there have occupied through their ancestors from Mr. President, this is perfectly characteristic of the class the Revolution, where they have nurtured . and maintained the of men whom Babson so faithfully represents. It will be re­ brain and brawn which were the backbone of American strength. membered that we had a stock-market crash in 1907, when They have now' reached the time that they are offering their Roosevelt was President of the Upited States. At that time homes, with their sacred traditions, all the sacredness which there was published to the world-whether through Mr. Babson enrich them, and all that they have, upon, the knockdown of the or not I do not know ; that was perhaps before he became sub­ sheriff's hammer. What happened? .When the. auction day servient spokesman, but through others, the statement that the came those farms were bid in not by other farmers, not by those crash in Wall Street, the break in the exchange, was due to the who were willing to risk their efforts and their energy in the policies and the conduct of the administration. Colonel Roose­ agricultural ·field. They were bid in by the banks for whom this velt took occasion at Nashville, Tenn., on Octobet 22, 1907, to intellectual slave speaks. say: . Tha_t is the fight, Mi. Presiden~, which_ Senators under their If a section of the business world goes a little crazy, it will have to oaths are undertaking to the best of their ability. But we serve pay for it ; and, being excessively human, when it does pay for it, it U:otice upon Babson and all his kind that until we have done will want to blame. some one else instead of itself. LXXI--.'368 5846 CONGRESSIONAL RECORD-- SENATE NOVEMBER 20 That is precisely what. is ·happening here. They are Steking As ilie"Senator quoted- to blame some one besides themselves, some one besides those fori!ign trade ·is ~ing ~eld ~P by international I:Jlckering­ who are responsible for what is going on. They are seekiDg in some way to rest the blame where in no sense it belongs. They Which was also quoted by the Senator- will not succeed. The £-<\merican people have passed beyond while other events are going on in Washington which are very detri· being misled by any such mendacious statements as come from mental to general business. Babson. • • • If at any time a portion of the business world loses its Mr. President; it is pertinent to inquire what " other events " bead, it bas lost what no outside aid can supply. If there is re<"kless are going on? The only other event of Itote or moment is the overspeculation or dishonest business management, just as sure as fate investigation of the tariff lobbyists. That is the event to which there will follow a partial collapse. he refers- There has been trouble in the stock market, in the high fina:.1cial Other events wh~ch are now going on in w-ashington ! world, during the past few months. The statement has fr.;quE'.ntly He could have made no more direct reference to the real cause been made that the policies for which I stand, legislative and ~ecu­ tive, are responsible for that trouble. Now, gentlemen, those policie-'3 of his complaint again~t the Congress and especially against the of mine can be summed up in one brief sentence. They represent the Senate. effort to punish successful dishonesty. I doubt if those policiE-s have But, Mr. President, the remarkable thing is that Mr. Babson had any material etrect in bringing about the present trouble, b~t if wishes to turn the whole matter over to Mr. Hoover, the Presi· they have it will not alter in the slightest degree my determination dent of the United States. He wishes Congress to take an ad­ that for the remaining 16 months of my term those policies shall be journment sine die and give unto the President someth~ng like persevered in unswervingly. • arbitrary power, if I correctly read bis article, 1111d let the Con­ • • • I do not for a moment admit that putting these poli­ gress go borne and stay at home. cies into effect has had any real consequence in bringing about tauch Now, I am going to assume that he and Kent are right, to wit,· conditions as we have from time to time seen in the stock market. that the session of the Senate bas contributed something to the All we have done bas been to unearth the wrongdoing. It was not the disastf:!r on the stock exchange-! am assuming it however fact that it was unearthed that did the damage. It was the fact that merely for the sake of the· argument-and that the' failure of it existed to be unearthed-that is what did the damage. All I did the Senate to adjourn or its continuance in session transacting was to turn on the light. I am responsible for turning on the light, the people's business is chiefly responsible for the lack of confi­ but I am not responsible for what the light showed. It is unpossible dence that exists to-day. Now, let us analyze that statement. to cut out a cancer without making the patient feel for a few days If it be true, who is responsible for the Senate being in session, rather sicker than he felt before; but if it were not cut out the patient 1\Ir. President? I do not want to inject a partisan note into the would die. No material well-being can save this Nation if it loses the di cussion, but 1\Ir. Babson reminds us, as we have been re-· lift toward higher things. peatedly reminded in various quarters, that when government The man who builds a railroad- is turned over to the President all will be well. Mr. Hoover, the President of the United States, is a great Said President Roosevelt- exec;ntive; he has had wide and extensive experience in business. where it is needed and runs it honestly is a benefactor who is entitled to He knew or should have known that tariff legislation unguided an ample reward for what he has done. We should back him up, pro­ by definite instruction would have what Mr. Ba,bson believes it tect him against unjust attacks. But the man who manipulates the bas bad and what Mr. Kent charges it has had, a disastrous securities of that road so as to swindle the outside public, or the stock­ effect upon business. We are not left to surmise about it, be­ holders or investors of any kind, or the shippers, or to oppress the wage cause Mr. Hoover in the one utterance that he has made about workers, or to swindle the people at large-that man is doing all that the tariff said that the Congress of the United States could not he can to bring down in ruin the fabric of our institutions, and it is our be trusted to revise tariffs or make tariff acts; that what was business t<1 set our faces like tlint against li.is wrongdoing, to endeavor needed was an " Executive tariff." He reminded us and re­ to undo that wrongdoing in the interest of the people as a whole, and minded the country of the length of time consumed in the con­ primarily in the interest of the honest man o! means. sideration of every tariff measure heretofore considered by the 1\lr. President, if Mr. Babson has any facts or figures to dis­ Congress. He even called attention to the fact that Congre s close or any reason to disclose to the effect that the Congress of tinkering with the tariff was the most dishubing influence on the United States is attacking a sound business principle of any business that could well be imagined. So if Babson is right­ kind or nature, if Mr. Babson has any facts or figures to disclose and he speaks like a paid propagandist, not of the President, I that the Congress is seeking to work an injustice to anybody, if will say, as I want to be fair, but of the big business interests he has any facts or figures to disclose that Congress is seeking of the country that be is now trying to serve-if Babson is right, to favor anyone to the disadvantage of another, let him present if Kent is right, in view of the great ·experience of the present them to the public and the public will be glad to know of them. Chief Executive and the statement which he gave to us when we But when a man engages in mere tirades, unconscionable abuse, were about to come to a vote on the flexible pl'ovision of the and venal generalities in an attack which bas no justification tariff, then the President was wrong in calling the Congress save that of the dictation of his masters, it is not probable that together ; and, Mr. President, be was inuch more culpable in the public of the United States will give it consideration, and sending to the Senate a vague and indefinite me sage which certainly the Congress of the United States will not do so. invited limited revision of the industrial schedules at a time Mr. GEORGE obtained the floor. when industry in this country was, according to his own view; Mr. JONES. 1\Ir. President, before we start on tbe tarift' bill at the very peak of its prosperity and security. I thought we might hold an executive session. Mr. Hoover in the campaign congratulated the country ·upon· Mr. GEORGE. I am going to detain the Senate but a very the fact that we were approaching the hour when it could be few minutes. declared that we had abolished poverty in the United States. l\fr. JONES. Very well. Surely industry was enjoying and is enjoying on the whole a Mr. GEORGE. Mr. President, I think quite too much consid­ prosperity that has scarcely been equaled, if at all, in the whole eration "is given to Mr. Babson. I doubt.if many thoughtful men history of the Republic. in the United States believe that he is very loyal to anything Nobody has complained because industry was not prosperous. except mendacity as a principle, anyway. He is simply repeat­ Those of us who thought that opportunities were unequally dis­ ing and reechoing what banker Kent had to say in New York, tributed have merely pointed out that industry was enjoying far to wit, that Congress is responsible for the destruction of public too great a portion of prosperity of this Nation; that it was a confidence in business in the United States; or, as he puts it, if one-sided prosperity;· that the farmers were losing their homes not responsible for "the destruction of confidence, the continuance ·on the auction block; but no one bas said that industry as a of Congress in session is the chief impediment in the way of the whole has not been prosperous. Yet with industry pro perous, speedy restoration of public conftdence. 1 want to read just a an experienced business man in the White House calls Congress paragraph from Mr. Babson's article which was not read by the in session and invites a revision of the industrial schedules, but .. Senators who have discussed the matter. It is this : ,does not guide the hand of his party when his party undertakes to rip asunder every industrial schedule in the tariff act. When, however, we put all of these reasons in a statistician's test tube, the one which frankly stands out to be the most important is the The bill went into the House of Representatives ; the House action of Congress during these critical times. passed it, and it came to the Senate. Wbat the House had done was perfectly plain to the President, as it was to everybody else , The distinguished Senator from Idaho stopped just short . of rin the country, and yet there -was no firm declaration, no mani· reading a very pertinent observation of Mr. Babson. He says : festation of willingness and determination to take any hand in Manufacturers are being upset by taritr- leglslatioll--' tariff making so far as it affected the industries of the country. · 1929 CONGRES&IONAL RECORD-_ SENATE - 5847 -So if Babson is right, if Kent is right, if the newspapers that Mr. BORAH. Mr. . President, I ask unanimous consent that reecho the same thought are right, the Congress ought not to the nominations of. Mr. Hopkins and of Mr. Watsnn be · con- . bave been called in session. sidered at the regular session.· notwithstanding the provisions Let me remind the Sena-te that Congress did ·not come here of Rule XXXVIII. of its own accord ; it did not take charge of the revision of the Tbe VICE PRESIDENT. Is there objection? tariff of its own accord ; it did not put its hand upon the indus­ Mr. DILL. Mr. President, do I understand that that will pre- , trial schedules of its own accord. Faced as we were by the elude the taking of any further evidence by the Judiciary .eom­ monstrosity, as it has often been called, that emerged from the mittee? House, the Senator from Idaho moved in this body-and the Mr BORAH. No; it is solely to get rid of Rule XXXVIII. motion failed but by one vote--to confine the revision of the The VICE PRESIDENT. The Chair may state that it will · tariff to the farm schedules, leaving the indush·ial schedules prevent·the· returning of the nominations to the President,' and • alone.· requiring him to send in the names again, as the ·Chair under­ Mr. President, I would not say anything that would add one stands. hair's weight to the difficulty that now besets business in the Mr. 'BORAH. I have no objection to that; I do not want United States ; but the end of the wild speculation in the stock anything done that will make it impossible to reopen the case market was visible from the beginning. There never has been before the Judiciary Committee, if so desired. any mystery about the fina1 conclusion of the story that has Mr. NORRIS. Neithei.. do r. · If it bad that effect, I would gone on on the stock exchange in New- York, absorbing as it not make the request. has capital that ought to have been continued in private enter­ Mr. CAPPER. Mr. President-- prise in the little towns and the little cities, even in the country­ Mr. NORRIS. I should. like to submit a unanimous-consent ­ Side, in every part of the United· States. There never has been request that will cover all similar cases. Will the Senator any doubt about that ; and, without discussing it, the Federal yield to me to submit a general request? Reserve Board has done all that it could, by its inaction, to bring The VICE PRESIDENT. Does the Senator from Idaho yield discredit upon the Federal reserve banking system. . for that purpose? Has anything been done to stop the catastrophe that was as Mr. BORAH. I have no objection. certain to follow as day the night? Nothing except that we were Mr. NORRIS. I ask unanimous consent that paragraph 6 constantly remin'ded that business was good and sound and that of Rule XXXVIII be suspended, and that all nominations now those who would disturb it ought to be silenced in one way or on the Executive Calendar of the Senate shall ,remain in statu another. . quo until the conYening of the regular session of Congress Let the Babsons continue to talk, and let the Kents continue December 2, 1929, and that said nominations shall not be af­ to talk, and let whatever applause there may· be in any quarter fected by the adjournment of the present session of Congress. arise in approval of that talk. If the Senate, in all· of the cir­ Mr. SMOOT. Mr. President. will the Senator modify his cumstances perfectly well known to this country, is in any amendment so as to include all ·nominations which have not manner or in any degree responsible for the collapse ·upon the been acted upon by the Senate? The same thing applies to highly speculative gambling market that has been built up in some nominations coming from the Finance Committee this · this country, which the Federal Reserve Board has done but morning; and if the agreement is not modified, those nomina­ little to control, the Senate is not responsible for being here, tions will have to be -sent to the Senate again by the President. and it is not responsible for considering the tariff, and it is not · Mr. FLE'l'CHER. Does the Senator mean judicial nomina~ responsible for considering the industrial rates. It did all that tions? it could, when the bill came from the House, to leave the indus- ­ ' Mr. SMOOT. The same thing ·applies to all the others. ~ · trial rates undisturbed, and to approach the discharge of what Mr. FLETCHER. Will it cover all nominations on the calen- · we believed to be our duty in the upward revision of farm dar-postmasters and all?' schedules wherever a revision upward promised to move the Mr. BORAH. I suppose the Senator means those that are farmer nearer a ·condition of economic equality with industry not disposed of at this session. in this country. .Mr. FLETCHER. Yes. EXECUTIVE SESSION Mr. NORRIS. · Mr. President, when I prepared this unani­ mous-consent agreement I contemplated offering it at the close Mr. JONES. I move that the Senate proceed to the consid­ of the last executive session. The Senator from Washington eration of executive business in open executive session. [Mr. JoNES] has just told me that he expects to ask for another · The motion was agreed to. executive session to-morrow. I supposed that this would be the G • .AA30N YOUNGQUIST last one, and I was going to offer the agreement after every­ The VICE PRESIDENT. Reports of committees are in order. thing had been disposed of that we could dispose of; and then Mr. NORRIS. From the Committee on the Judiciary I re­ it would apply only to the others. Perhaps at this time it ought port the nomination of Mr. Youngquist, of Minnesota, to be to be modified if there is going to be another executive session. Assistant Attorney General; and I ask unanimous consent for Mr. JONES. If we complete to-day all the nominations on its present consideration. the calendar that can be disposed of by unanimous consent; and The VICE PRESIDENT. Let the clerk report it first. no other nominations are reported, I shall see no necessity for The Chief Clerk read the nomination of G. Aaron Youngquist, another executive session. of Minnesota, to be Assistant Attorney General, vice Mabel Mr. NORRIS. The Senator himself has just reported nom­ Walker Willebrandt, resigned. inations that he asked to have go to the calendar. They will The VICE PRESIDENT. Is there objection to the present not come up to-day. consideration of the nomination? The Chair bears none. With­ Mr. JONES. At the conclusion of the calendar I am going out objection, the nomination will be confirmed, and the Presi­ to ask unanimous consent that they be considered to-day. dent notified. Mr. WAGNER and Mr. BROUSSARD addressed the Chair. The VICE PRESIDENT. Does the Senator from Idaho yield; REPORTS OF COMMI'ITEES and to whom? Mr. JoNES, from the Committee on Commerce, and Mr. Mr. BORAH. I yield to the Senator from New York. PHIPPS, from the Committee on Post Offices and Post Roads, re­ Mr. WAGNER. I desire to inquire just what the effect of· ported from their respective committees sundry nominations for the unanimous-consent request is. New York is interested in the Executive Calendar. one of the nominations for the eastern district, to which there The VICE PRESIDENT. If there are no further reports of is no objection, I know ; and I wondered whether this request committees the Executive Calendar is in order. The first name would sidetrack the · possible consideration of that nomination on the calendar will be announced. to-day. May I ask the· Senator as to that? I refer to the nom­ ination of Mortimer W. Byers. JUDICIAL .AND OTHER NOMINATIONS Mr. NORRIS. That is on the calendar? The Chief Clerk read the nomination of Richard J. Hopkins, Mr. WAGNER. That is on. the calendar. of Kansas, to be United States district judge for the district Mr. NORRIS. As far as I know, there is no objection to the of Kansas. nomination. Mr. BLAINE. Mr. President, a few days ago, I believe there Mr. WAGNER. Then, Mr. President, the request which the was a sort of understanding that where objections were made, Senator makes has reference to the business which is left at unanimous consent would be entered into for the consideration end of the day? of a nomination at the regular session. There are a few mem­ Mr. NORRIS. It does ; and probably at this particular mo­ bers of the Judiciary Committee who are opposed to the ment it ought to be modified. I think I will withdraw the nomination of Mr. Hopkins. Therefore, I desire to enter an request and offer it later. objection to· the consideration• of the nomination at this time. . Mr. liA' FOLLETTE: Mr. ·P..resident,. a parliamentary inquiry •. 5848 CONGRESSIONAL RECORD--SENATE ··- NOVEMBER ·20 The VICE PRESIDENT. The Senator ·from Wisconsin rises not going to consider the tariff to any great extent, even if we to a parliamentary inquiry. The Senator will state it. can keep a quorum here. Mr. LA FOLLETTE. What unanimous-consent request is I dislike even to have it appear on the face of things that pending befor.e the Senate? this delay in acting on these nominations, which is part of our The VICE PRESIDENT. The Senator from Nebraska bad constitutional duty, comes about on account of the action of offered a unanimous-consent request, but it bas just been with­ the Senate. If the President sent in a nomination just a day drawn. before we adjourn, I would not care, it ought to go over; but Mr. BORAH. Mr. President, I withdraw my unanimous­ some of these nominations the President sent in early in the consent request also ; but I desire to say, for fear I should be special session, and I think they ought to be acted on. absent, that I understand that an appointment of an ambassa­ In the first place, it is the businesslike way of transacting dor is coming in to-day or to-morrow. If any unanimous-consent business; and in the next place, it seems to me we ought to agreement is entered into, I think it ought to cover those nomi­ try to work with the Executive, if we can, to expedite these nations which are not disposed of at this session. nominations. But on account of the condition that has e.Usted Mr. NORRIS. Mr. President, I think we might as well ex­ here in connection with the tariff bill, and the anxiety of evtry­ plain now that at the last session, perhaps in executive session, body to push it along and get as far as we could with it, it has a question arose as to the suspension of this particular rule, and just been impossible to do anything. · I had an examination made of the statutes. I expressed the Mr. BLAINE. Mr. President, will the Senator yield? opinion then, and so did the Senator from Virginia [Mr. Mr. NORRIS. I yield. SwANsoN], that there was a statute that would prohibit us Mr. BLAINE. I wanted to suggest, supplementary to what from suspending this rule. I should like to read the statute-­ the Senator has said, that five members of the Judiciary Com­ the only one, I think, that applies to the matter. It is para­ mittee are also members of the committee investigating the sub­ graph 14, title 5, of the United States Code : ject of lobbying, and, of course, that has, in the very nature of Notification of nominations or rejections: The Secretary of the Sen· things, consumed the time of quite a considerable part of the ate shall, at the close of each session thereof, deliver to the Secretary membership of the Committee on the Judiciary, and made it of the Treasury, and to each of the Assistant Secretaries of the Treas­ quite impossible for those members to attend the regular meet­ ury, and to the General Accounting Office, and to the Treasurer, and to ings of the committee. the Register of the Treasury, a full and complete Jist, duly certified, of Mr. BROUSSARD. Mr. President, I would like to inquire of all the persons who have been nominated to and rejected by the Senate the Senator whether the unanimous consent would interfere with , during such session, and a like list of all the offices to which nomina­ any confirmations, such as those of postmasters. · l tions have been made and not confirmed and filled at such session. Mr. NORRIS. We would deal with all of them that are (R. S. sec. 1775.) left on the calendar. 1 Mr. BROUSSARD. It would no_t interfere with action upon I take it that there perhaps will be no dispute that that confirmations at this time? statute is not in conflict with the unanimous-consent agree­ ment; that we can suspend this rule if there is no other statute Mr. NORRIS. Oh, no. It is my intention to offer it, if I on the subject. offer it at all, after we get through with everything that can be Mr. SWANSON. Mr. President-- . disposed of. It is quite evident now, at this stage, that, except The VICE PRESIDENT. Does the Senator from Nebraska by unanimous consent, no nomination can be confirmed. If there I yield to the Senator from Virginia? is deliberate opposition to some of these nominations-and there Mr. NORRIS. In a moment I will. If there is no other is to some of them-probably no confirmations could be secured. statute that applies to this rule, or makes this rule mandatory To one of the nominations I am bitterly oppo ed myself, and it as a matter of law, I do not see any reason why we can not will take some time to consider it, and while I would be willing suspend that the same as we can suspend any other rule, which to go into it right now, I realize it is perhaps asking too much the rules provide can be done by a two-thirds vote after the of the Senate to spend the time in takin·g it up now. So that we motion has lain over one day. · really come down to this proposition, that any noinination which - Mr. SWANSON. I am satisfied that unless there is some can not be confirmed by unanimous consent can not be confirmed other statute prohibiting this rule from bemg suspended, if can at this session of the Senate. be done. I have not 1ooked up the statutes to ascertain whether Mr. CAPPER. 1\fr. President, if the Senator will yield, with that is the only statute in existence dealing with the subject. reference to the nomination of 1\fr. Hopkins to be F'ederal judge Mr. NORRIS. I have not been able to find any other. in Kansas, I will say th~t I have no desire to deprive the Sena­ 1\Ir. SWANSON. If the Senator is satisfied that there is no tor from Wisconsin of full opportunity to discuss it, but I again law which prohibits waiving that rule, !'have no objection to want to call the attention of the Senate to the fact that there waiving it. - has been a vacancy in that judgeship for six months, that I am Mr. NORRIS. 1\Ir. President, while a unanimous-consent r~ receiving telegrams and letters from public· officials, from State quest is not pending just at this moment, _I ·should like to say officials, local officials, lawyers, and oth~ rs who have important that when this matter came up before I was of tlie opinion as interests in that court, and it is only fair to the State and many was the Senator from Virginia, that this rule was made in c~m­ people concerned that we should have prompt action orr this pliance with a statute. I think I was ·mistaken. As far as 1 nomination. I have no doubt but that we will be able to show am able to find, this is the only statute that applies to the sub­ the Senate that the appointment was a worthy one; which ought ject. I had some hesitancy in asking for a unanimous-consent to be confirmed, but we want early action. agreement of this kind because it is rather exceptional. Under Mr. NORRIS. Mr. President, I agree with what the Senator ordinary circumstances I should not ask it. from Kansas has said; but I will have to admit, fr ankly, of Under ordinary circumstances I would not ask it; but, spE>ak­ course, as he will, that we must give free opportunity to every­ ing of the Judiciary Committee-and I think this applies to body who wants to oppose any of these nominations to do so all the other committees with equal force--it has been ·for some in any reasonable way, or to take any reasonable length of time a practical impossibility to get that committee tog~tber time. and to keep it together to consider anything. I think that There are more communications coming to me, I have no is perfectly apparent to all Members of the Senate. The way doubt, than to the Senator from Kansas, or to any other Senator, we have been going in the Senate, from 10 o'clock in the morn­ in regard to these nominations. I am getting communications ing until 10 o'clock at night, we get a quorum once in a while almost daily, not only in the matter of the Kansas judgeship but it disappears immediately because of something going on in but in the matter of the Pennsylvania judgeship, and while I the Senate. I never could tell in advance of calling a mteting am opposing the confirmation of the Pennsylvania judge, never­ what was going to be happening in the Senate at the particular theless I frankly concede that it has been delayed too long time of the meeting, with the result that the committee has not already and ought to be disposed of. It is only fair to say been able to do anything. We act on something like the nomi­ that this delay has not come about in any degree through the nation that was acted on to-day, and the quorum disappears action of those who have opposed the nomination. Every mem­ in less than five minutes. We can act on sometbin.g that is only ber of the committee will bear me out in that statement. It a matter of form. Wherever there was a controversy, wher.:>ver bas come about the same as the delay in the Kansas case bas there was a difference of opinion, it was absolutely neces~ary come about, from the simple fact that the Senate, i)l. consider­ just to let it go over; we could not consider it. I am not iind­ ing the tariff, has taken up all the time of its Members in that ing fault with anybody. It is just a condition which exists and matter, and there has not been opportunity to do committee about which everybody knows. work. · We have quite a number of nominations on the calendar·, and Mr. SHORTRIDGE. Mr. President,' will the Senator yfeld ?· some of them are important nominations. I thought we ought Mr. NORRIS. I yield. . to take them up. It seems to me we could -take them up ·now Mr. SHORTRIDGE. The ..Senator having devoted thought and dispose of them, because it is quite evident that we are to the law and to the rule, may I ask him this. .question _? What. 19-29 CONGRESSIONAL RECORD-SENATE 5849 becomes of a nomination pending before a given committee of - The legislative clerk read the nomination of Mortimer W. the Senate when an adjournment takes place? Byers to be United States district judge, eastern district of Mr. NORRIS. It dies when the session ends, even though we New York. should not- adjourn until the day before or an hour before the · Mr. WAGNER. I move that the nomination be confirmed. regular session began. I make that statement on the strength The VICE PRESIDENT. Without objection, the nomination of the rule which says clearly that every nomination not finally is confirmed, and the President will be notified. disposed of during a &ession is dead, and shall not be considered afterwards unless the President again sends the nomination in. BOARD OF TAX APPEALS The proposed unanimous-consent agreement will be offered, if The legislative clerk read the nomination of Herbert F. Sea· offered at all, with the idea of making it unnecessary for the well to be a member of the Board of Tax Appeals. President to have to transmit the names again; in other words, The VICE PRESIDENT. Without objection, the nomination to suspend this rule. is confirmed, and the President will be notified. Mr. WALSH of Massachusetts. Mr. President, what is the PUBLIO HEALTH SERVICE reason, if any, why these nominations can not be disposed of before we adjourn? The legislative clerk read the nomination of William 0. Mr. NORRIS. I tried to get them up the other day, and if Billings to be senior surgeon, Public Health Service. the Senator will remember, the Se~ate was practically unani­ The VICE PRESIDENT. Without objection, the nomination mous against laying aside the tariff bill to take them up. is confirmed, and the President will be notified. Mr. WALSH of Massachusetts. It is quite apparent now that P08TMASTERS the tariff bill will not be passed before we adjourn. 1\Ir. NORRIS: I would be glad to take them up; and, as I said 'l'he legislative clerk proceeded to read . the nominations of: a while ago, I thought we might take them up, but when I take sundry postmastel,'s. , - second thought, I do not think it will be fair to do that. For . 1\l:r:.. PIDPPS. Mr. President, I ask that the nominations of instance, take the case of Judge Watson, of Pennsylvania. The postmasters be confirmed en bloc, with the exception of the Senator from Pennsylvania [Mr. REED] is not here; I under­ nomination of Albert C. Gruwell, to be postmaster at Dillon,­ stand he is not in the city. I do not think it would be fair to Mont. take that case up in his absence, without having given some The VICE PRESIDENT. Without objection, the nominations, nonce of the fact that we were about to take it up. with the exception mentioned, are confirmed, and the President Mr. WALSH of Massachusetts. I agree with that. will be notified_ 1\Ir. NORRIS. Another Senator to-day came to me about the Mr. BLEASE. Mr. President-- nomination of Judge Hopkin~. of Kansas. That Senator is not Mr. PHIPPS. I may say to the Senator that South Carolina in the Senate at this moment. He said he had to go away, and is not on this list. I think he has left the city. He is opposed to that nomination. Mr. WHEELER. Mr. President, I have not any objection to I said to him, " .My own idea is that we can not take up any­ the appointment of the postmaster at Butte, Mont., because of _thing except by unanimous consent," because the Senate has the fact that the man appointed, although he is of the opposite already shown its disposition not .to. be diverted from the con­ party, is a personal friend of mine, but I d(} want to call atten­ sideration of the tariff bill to t~ke these nominations up. tion to the fact that the man who is the present postmaster, Mr. WALSH of Massachusetts. The convenience of S(}me Sen­ Richard Brimacombe, has served one term as postmaster in the ators necessitates postponement of action. city of Butte. I think probably he has made one of the best Mr. NORRIS. I would not say that exactly; I wou!d not postmasters the city of Butte has ever had, and, in my judg­ postpone on that account. But we are considering this matter ment, he was entitled to reappointment. But some of the local in the absence of interested Senators. Take the case of the politicians and the national committeemen from Montana saw Senator from Pennsylvania [Mr. REEID], for instance. He has fit to call for an examination. gone away, and after the debate the other day, when I tried After the examination was held Mr. Brimacombe, the present to get the nomination up, and the Senate was almost unani­ postmaster, was classified as No. 1, passing the highest in the mously opposed to taking it up, he would be justified, I will examination, but notwithstanding that, because of the fact that say to the Senator, in assuming that the Senate was not going certain local politicians wanted him ousted from his position to take it up during this session. So he went away. without rhyme or reason, the name of John M. Evans was sent Mr. WALSH of Massachusetts. J.do not think action ought in in his place, and Blimacombe was- ousted. to be taken in the absence of the Senator from Pennsylvania. I simply call attention to this fact because postmasters are 1\Ir. NORRIS. I do not think so. supposed to be under civii service. The man who has been . Mr. BRATTON. Mr. President, the thought occurs to me that appointed, however, is a high-class man, and I have no objec­ the Senator might couch his unanimous-consent request in. lan­ tion to his appointment. I merely want to call attention to the guage to the effect that all nominations on the Executive Calen­ high-handed method in which the politicians are running over dar at the. time this session · adjourns shall not fail, but shall the civil-service rules which are supposed to govern in these remain on the calendar. m.atters. Mr. NORRIS. If it were offered now, it:ought to be in that language. Mr. W .¢\.LSH of Massachusetts. Mr. President, will the Mr. BRATTON. It would then become operative at the time Senator yield? we adjourn, and would apply only to those nominations on the . Mr. WHEELER. I yield. calendar at that time. Mr. WALSH of Massachusetts. Can the Senator furnish the Mr. NORRIS. I am not going to offer this unanimous-consent Senate with the relative standings in the civil-service examina­ request until all that has been attended to, unless I do make tion of the three applicants who were certified? the modification suggested. Mr. WHEELER. Mr. Brimacombe was first, Mr. Evans was Mr. COPELAND. Mr. President, will the Senator yield? second, and some other gentleman was third. Mr. NORRIS. I yield. Mr. WALSH of Massachusetts. What was the percentage of Mr. COPELAND. When we come to the third name under each of them in the civil-service examination? the judiciary nominations, that of Judge Byers, I may say that Mr. WHEELER. I could not say, because I have not the both the Senators from New York, alth(}ugh Byers does not figures. belong to our party-and I am sure I speak for my colleague-­ Mr. WALSH of Montana. I will be able to give the Senator have heard only fine opinions of Mr. Byers from members of the some definite information with respect to the next nomination, bar in New York. I think he ought to be confirmed. that for postmaster-at Dillon. · Mr. NORRIS. As far as I know, there is no objection to Mr. WALSH of Massachusetts. If the va·riation in the grad­ that nomination. ing fixed by the civil service is small, I can well understand The VICE PRESIDENT. The question is on advising and why the candidate chosen was not first on the list and why consenting to the nomination of Richard J. Hopkins to be some other candidate than the one who stood first was chosen; United States district judge, district of Kansas. but if there was a wide variation, which I know has happened Mr. BLAINE. Let that go over. in some cases to the extent of as much as 20 per cent, it gives The VICE PRESIDENT. The nomination will be passed an entirely different coloring to the situation. over. Mr. WHEELER. I do not think there was a wide variation The legislative clerk read the nomination of Albert L. · Wat­ between these two men. son to be United States district judge, middle district of Penn­ Mr. BARKLEY. The rule has been in existence for some sylvania. time requiring at least the form of an examination for post­ Mr. BLAINE. Let that go over. · masterships. I assume under that rule that the postmaster who The VICE PRESIDENT. · Without objection,· the nomination is being ousted stood an examination upon a former occasion. will be passed over. Is that true? 5850 CONGR.ESSIONAL RECOR.n-··SENA.TE NOVEMBER ''20

1\Ir. 1VHEELER. He stood an examination on a former occa­ mendation, which. was done in this case~ I assume, although I do sion and was appointed po tmaster after taking the exam­ not know about that. The Republican national committeeman ination. lives in the remote northeastern part of the State while Dillon 1\Ir. BARKLEY. Under those circumstances is it not cus­ is in the remote southwestern part of the State, his residence tomary not to require the incumbent to stand another exami­ being something like 760 miles from Dillon. nation after the expiration of the term and that no examination Mr. WAGNER. l\Ir. President-- is held unless there is a vacancy? The VICE PRESIDENT. Doe the Senator from Montana Mr. WHEELER. That is customary, I understand, but in yield to the Senator from :Kew York? this instance they did require another examination. Mr. WALSH of Montana. I yield. Mr. JONES. Mr. President, I want to say that as I under­ Mr. \VAGl\TER. May I ask the Senator whether the examina­ stand the civil service law it does not require the highest name tions are trictly supervised? on the list to be selected, but the selection is made out of the l\Ir. WALSH of Montana. They are conducted by the Civil highe. t three. As I understand it, that is the law. Service Commi sion. Mr. NORRIS. Mr. President, I do not want to take up the Mr. WAGNER. In ord~r to avoid, for in tance, a situation time of the Senate now in discussing this matter. If the such as the Senator is presenting here, i it within the power Senate were not in a hurry, as it has not been for the past two of the Senate to enforce a rule which ha been adopted by many or three weeks, I would like to take two or three hours to municipalitie~ and State governments in their appointment , in talk about the particular matter that is now before the Senate. States which are a little advanced in the matter of competitive At the present time I only want to say, rather in answer to examinations, that the one highest on the list shall be appointed? what the Senator from Washington has stated, that while the Could not the Senate adopt a rule that the appointments in order rule provides that the selection can be made from any one of to receiYe favorable action of the Senate must be made in the the three highest, as a matter of fact in postmasterships order in which the applicants stand upon the li t? ninety-nine times out of one hundred the selection is made for .Mr. WALSH of Montana. The Senate, of cour e, by its prac­ partisan political purposes and is not civil service at all. tice could practically compel the ob erva.nce of that policy. POSTMASTER AT DILLON, MONT. I read first a telegram which I received from the chairman Mr. W .o\.LSH of 1\Ionta.na. Mr. President, I understood the of the special resolutions committee of the American Legion, as matter .of the Dillon postmastership was to_ come up at this follows: time? . DILLON, MONT., June 19, 19P:!J. The VICE PRESIDENT. It was passed over. Hon. T. J. WALSH, 1.\Ir. WALSH of Montana. I ask ilia t it be laid before the Washington, D. 0.: Senate. Ex-service men vigorously protest the appointment of Gruwell. Earn­ The VICE. PRESIDENT. The clerk will state the appoint- estly request appointment of Faller as postmaster at Dillon. ment. GEORGE M. GOSMAN, The legislative clerk read the name of Albert C. Gruwell, Chai1·man Spe_ciaZ ResolutiOJl8 Cmnmittee, nominated to the office of postmaster at Dillon, Mont., vice J. C. BeaverMad Post, fO, American LeglOlh Faller, commission expired. That was followed by this letter : Mr. WALSH of Montana. Mr. President, I feel impelled to DILLON, MONT., July ~~ 1929. take a brief period of the time of the Senate in the considera­ Hon. T. J. WALSH, tion of this particular nQmination. I believe I can lay the situa­ Washin,gton, D. C. _ tion before the Senate in such a way a1:1 th&;t it 'vill promptly MY DEAB SIR: Again calling your attention to the reappointment ol reject this nomination. Joseph C. Faller as postmaster at Dlllon, .Mont., I wish to relate a few Dillon is one of the more important cities of Montana, with facts to substantiate the earnest demands in re olutlons and telegrams a population of perhaps 5,000. It is the seat of the normal heretofore forwarded your office by this committee. school of our State and a · very enterprising city. The term of On behalf of this committee: in further p1·otesting appointment of Mr. office of the pre nt postmaste~ was expiring. He was a candi­ A. C. Gruwell, and having known him ,for the last 20 years, will say date for reappointment along with other applicants for the posi­ that he is unqualified to fill such a position requiring diligence and tion. The nomination, however, went to a Mr. Gruwell, who is executive ability. In fact, several years ago, my father being elected the person who e nomination is now under consideration. His sheriff of Beaverhead County, appointed Mr. Gruwell a.s undersheriff, appointment was protested by the American Legion of Beaver­ and the very same forces who are now so strongly recommending him llead County, whose seat is at Dillon. An examination was had, were instrumental in forcing his removal after a few months' service. as i usual, and the result of that examination showed that the He is not a property owner and to my knowledge has never paid any present postmaster attained a standing of 86.60~ Another candi­ taxes. date, a Mr. Stevenson, attained a standing of 78. The ap­ pointee, Albert C. Gruwell, attained a standil)g of 70.60, just When Faller came from his native State oi Ohio to Montana in 1909 barely past the line. · · I had known .him in school, in play, in war, .and in busines . lie is Both these gentlemen, of course, are' Republicans and there eminently fitted for the position, having had previous post-office is no politics in it at all. The present postmaster, by common experience in the local office, being assistant postmaster from 1910 to consent of the people of that city, has made an admirable 1914. record. No Cl'itici ' m of any kind whatever is lodged against During his present regime of four years he has proven hi ability to him. Moreover, he is an ex-service man, baving enlisted im­ handle the office. It has been b1·ought up to a higher standard than mediately upon the declaration of war. In the third place. as ever before, tn that such incompetent and unworthy employees as boot was pointed out, the civil-service rule is yiolated in two respects. leggers, gamblers, and thieves have been removed, ever practicing In the fir t place, the man having ser ed well as postmaster economy, but always maintaining very efficient and courteous service under the application of the civil-service principle was entitled to the public. to reappointment. Not only that, but an examination was had He has a family of· five young children, paying fo1· a home on the under the rule and he stood highest on the list, and the ap­ installment plan, a taxpayer, and is active in affairs that are for the pointee stood lowest on the list, as I have indicated, having just upbuilding of the community, State, and Nation. barely passed. This case should be settled entirely upon its merits, regardless of any I did not suppose there was any misunderstanding about the political aflillations, implying that no more thought should be given to rule or law. The law makes no provision, except it authorizes partisanship than was given it in the draft law, but bearing in mind the President to turn into the classified ervice postmasters at the preference law covering executive appointments where qualified ex­ his 'nil. President Cleveland issued an order -putting all of service men are concerned. these postmasters under the operation o,f the civil service law, Mr. Faller is capable, conscientious, industrious, and tru tworthy, which means that the one who stood highest upon the list is and if he were reappointed we are sure he will continue to diligently entitled to the appointment. That wa modified when President discharge his duties in an efficient and creditable manner. It appears Harding came into office, and it was provided that selection that after careful · consideration of this case Faller should be reap­ could be made from the three standing highe t on the list, and pointed without any hesitation, which we earnestly request. this is the rule at present. Very respectfully, As indicated by the Senator from Nebraska [Mr. NoRRIS] lit­ GEORGE M. GOSMAN, tle attention is paid to the relative standing, but the Congress­ Chairman Special Resolutions Committee, man from the ill h·ict, if the Congressman happens to be a Re­ Beaverhead Post, No. t.O, tluJ American Legion. publican, makes the recommendation and whate>er the stand­ Mr. BLACK. Mr. President-- ing may be the man who:m he r8C9mmends is appointed. If The VICE PRESIDENT. Does the Senator from Montana there is no RepublicaJ?. CoJ?.,gre m~n ~rom th_e distri~t as in this yield to the Senator from Alabama? case, the Republican national committeeman makes the recom- Mr. WALSH of Montana. I yield.

/ 1929 CONGRESSIONAL RECORD-SENATE· 5851 . Mr. BLACK. Are we to understand that this man was in Mr. BLACK. Mr. President-- _ the World War? Mr. PHIPPS. I yield to the Senator from Alabama. . Mr. WALSH of Montana. The present postmaster who is to Mr. BLACK. I wish to make a few remarks on this :f'ase. be superseded by this nominee was in the war. The nominee If the Senator from Colorado desires to speak, I will not-ask is not an ex-service man. This is a contest between a post- him to yield now. master who has served faithfully, a man who is an ex-service Mr. PHIPPS. Mr. President, I assume that Senators are man, and on the other hand a non-ex-service man. The con- aware of the presidential order relating to the appointm~nt of test is that of the applicant who stood · highest in the test postmasters, which is practically the same as the one which against the applicant standing lowest in the test. has been in force since 1921. It requires that applicants must · Mr. WALSH of Massachusetts. Mr. President, will the- Sen- qualify above a certain percentage; it gives the appoinang ator state what the rating was of the appointee? power the right to select from among the three highes~ who Mr. WALSH-of Montana. It was 70.60. qualify, and in giving the ·rating of percentages ·ex-servict> men Mr. WALSH of Massachusetts. · Is the Senator familiar with are accorded an additional 5 per cent to the mark they ac~nally. the regulations which require three names to be certified, and attain in the examination. That is the preference accorded to that on that account the examiners often mark candidates 70 them. . and a fraction in order to have three names to certify, and that It is undoubtedly true-I have seen it occur time an

Mr. PHIPPS. Nothing ~ther than what is discloseu in the lican national committeeman or by the' Republican Represen~­ letter. tive in Congress, if there is a Republican Representative in Con­ Mr. NORRIS. Nothing but that? gress from that district. . Mr. PHIPPS. That is all I do not know how that may be ; but shall we sit silently Mr. NORRIS. Can the Senator tell the Senate upon whose by when men who served when they were needed in time of war recomtnendation this appointment was made? are thus discriminated against under a system which is supposed Mr. PHIPPS. No; I ca.n not say positively; but I assume the to be nonparti au, and permit such men to be shunted aside Senator from Montana was well inf01·med when he said that merely for political purposes and to adyance the cause of any the recommendations customarily are made by the national com­ party or the head of any party? mitteemen of the State. There will be many more cases such as this come up in the Mr. NORRIS. I am anxious to Imow whether that was done future, and since we have open executive se sions, it is my in­ in this instance, or who the man was who made the recommen­ tention to call to the attention of the Senate and show to dation. Senators in each particular instance that not only does the Mr. BLACK obtained the :floor. appointing power frequently do exactly what has been done in Mr. FLETCHER. Mr. President-- this instance but time after time the records will how that The VICE PRESIDENT. Does the Senator from Alabama when the favorite of the committeeman fails to make a suffi­ I yield to the Senator from Florida? cient mark, a reexamination is ordered, in order that there Mr. BLACK. I yield. may be given an opportunity to some other person to come in Mr. FLETCHER. Deducting the 5 per cent allowed in favor and take that which has been earned by another applicant under of the ex-service men, the pre ent postmaster, he would have a a fair and just examination. · mark of 81, and the one appointed had a mark of 70. It may be true that, theoretically speaking, it is a good plan Mr. PIDPPS. He ·had a rating of 70.6 per cent. That is to have a system under which one of the three high men can be about correct. selected. Theoretically, that may be true; but it is worked to­ Mr. BLACK. Mr. President, it seems to me that the Senator day for one pm·pose, and one purpose only, and 1.hat is to from Monta.na-- exclude from the appointment any man who does not meet with 1\lr. HASTINGS. Mr. President, a parliamentary inquiry. the favor of the Republican Congressman or the Republican The VICE PRESIDENT. The Senator will state his parlia­ national committeeman. mentary inquiry. So far as I am concerned, I expect to vote with the Senator· Mr. HASTINGS. Was there not a unanimous-consent agree­ from Montana and with any other Senator who rai es au objec­ ment that only those nominations should be considered at this tion to an appointment made under circumstances like the e. executive session as to which there was no contest? I do not intend to vote to displace a man who served his country The VICE PRESIDENT. The Chair did not understand that when it needed him, a man who was willing to risk the dangers that agreement applied to postmasters; he understood it would and perils of war, in order to give a position to some other man apply only to judges. The present occupant was not in the chair simply because he stands a little closer to a committeeman of when the understanding was entered into a few days ago. any party, whether it be my party or another. It is not ma­ Mr. BLACK. Mr. Pre ident, it seems to me that it might be terial to me whether the Democratic Party worked a plan of this a good idea if the new organization on the other side of the kind or did not. I do not care, in so far as this instance is Chamber could prevent such ca. es as this from being presented concerned. I do not believe they did. · to the Senate in public. It further seems to me that the Senator 1\lr. SIMMONS. Mr. President-- from Montana has performed a real genuine service in pre­ T.I;le VICE .PRESIDENT. Does the Senator from Alabama senting this matter to the Senate. It is another illustration of yield to the Senator from North Carolina? the fact that open sessions for the consideration of executive Mr. BLACK. I yield to the Senator. nominations will redound to the advantage of the people of this Mr. SIMMONS. I desire to call the Senator's attention to Nation. · the fact that President Wilson issued an Executive order with There is nothing strange about this case, but it so happens reference to postma ters and other appointees; and, according· that it is the first time we have had the opportunity to present to my recollection, in that Executive order it was provided that such a case to. the public in an open session. It is my judgment the highest upon the list should be appointed. that if other _Senators will follow the example set by the Senator Mr. WALSH of 1\fontana. Mr. Ptesident-- from Montana and bring to the attention of the Senate and of The VICE PRESIDENT. Does the Senator from Alabama the Nation appointments such as this, a system which is perni­ yield to the Senator from Montana? cious in its operaUon, which is unju tin its workings, and which Mr. BLACK. I do. is so parUsan that it can not stand ·the test of public scrutiny, 1\Ir. WALSH of Montana. I desire to supplement what has will soon be abandoned. . . been said by remarking that so rigidly was the rule adhered to I know nothing of these two men ; 1 never heard of the case that when our esteemed friend the Senator from Massachusetts until it was presented a few moments ago; but I am familiar [l\fr. WALSH] first came here he was confronted with the ap.. with the system. The idea of confon:¢ty to civil-service require­ polntment of a Republican to the position of postmaster of the ments in the appointment of postmaste1·s such as this is a mere city of Boston, a Democratic city; and, despite everything he whim, a fancy; it does not e:rist. could do, the President of the United States adhered to his I was interested in the statement .made by the Senator from policy of appointing the man who stood first on the list for the Nebraska, and I venture to assert that in one hundred out of one post office, notwithstanding his opposite politics. · hundred cases the appointments are made solely upon the recom­ Mr. SIMMONS. Mr. President-- mendation of Republican Representatives or of the Republican The VICE PRESIDENT. Does the Senator from Alabama nati01~al committeemen. It makes no difference that one man further yield to the Senator from North Carolina? has served well in the office; no .consideration is given to the Mr. BLACK. I do. fact that one man served his country when it needed him in time Mr. SIMMONS. That was real civil service. That made the of war in conflict; it makes no difference that one may have a law effective; but in 1921 that order was revoked, and an order character as good as the other; the only question that counts is, was made permitting the appointing authorities to select from Is he loyal to the Republican regime? If both candidates happen the three highest ; and since that time I think the Senator is to be Republicans, then the only question that is invoh·ed is, right in the statement that civil service has disappeared and Which one is clo er to the Republican regime? I have nothing to say against the Republican national com­ partisanship has taken its place. mitteeman in Alabama; he is a gentleman, in my judgment; but I do not know whether or not it has come to the Senator's it is impossible in Alabama for a Democratic ex-service man, attention, but cases have been brought to my attention from my eyen though be stands highest in the examination that is held, own State in which all of those who happened to pass the ex­ to receive an appointment if there can possibly be discovered amination and get upon the eligible list happened to be Demo­ anywhere within the immediate neighborhood anyone who claims crats; and in some instances they ordered another examination to be a Republican. in order that a Republican might get on the list. We have a function to perform which we can begin to perform Mr. BLACK. I stated that a moment ago. here if we believe in the civil service. Of com·se, if the duty of Mr. SWANSON~ 1\Ir. President, will the Senator yield for a the Senate is merely to confirm all appointments, irrespective minute? of justice or merit, then we should go ahead and follow the sug­ The VICE PRESIDENT. Does the Senator from Alabama gestion of the Post Office Department ; but I venture the asser­ yield to the Senator from Virginia? tion that if the committee will make an investigation of this Mr. BLACK. I yield to the Senator. case they will find that the one, only, and single reason that Mr. SWANSON. As I understand, an ex-soldier was an ap­ this man is said to be the most popular in the city of Dillon is plicant for this position and was on the· eligible list. I under­ on account of the fact that he has been approyed by th~ Repub- stand, and I should like to ask the chairman of the Post Office 1929 OONGRESSION AL RECORD-SEN.ATE 5853 Committee if it is not true, that there is a statute which pro­ have had with the department in a · somewhat similar case, that vides that preference shall be given to ex-soldiers. · I found the Postmaster General very sympathetic with the idea Mr. PHIPPS. Yes, there is; but that does not extend to the of. trying to carry out the intent and spirit of the civil service point of providing that where an applicant is an ex-service man law by appointing the highest applicant; but I assume that in he must be appointed, regardless of who the other applicants these cases and other cases the political pressure is terrific and may be. the remedy is what the Senator has pointed out-an Executive Mr. SWANSON. So there is a statute to that effect. or(ler requiring the applicant having the highest standing to be Mr. PHIPPS. No; I do not think it goes to that extent. appointed. Mr. SWANSON. But it provides that be shall be given prefer­ Mr. BLACK. The remedy also is here. We have it within ence; not that be must be appointed. our power, in voting upon this appointment and in voting upon Mr. PHIPPS. That he shall be given preference -to the ex­ others, to let the ex-service men of this Nation know whether tent of 5 per cent under the post-office rules; and that has been we are their friends simply with lip service or with heart serv­ enforced. ice. We can send a message to them that the service of men Mr. SWANSON. As I understand, Congress in its kindness in the war meant nothing so far as we are concerned, and that to the ex-solok an ex-service man in the to the attention of the Senate before we recess this evening. · face and say to him, ." I. voted against-the· appointment -of an I shall-not a..sk the--Senat<>r from Texas to yield for-that pur~ ' ex-service man who made the highest grade.· -I did it because - pose, however. 1 the Democrats 10 years ago bad abused the civil service"? Mr. WALSH of Montana. Mr. President-- · Mr. HASTINGS. I will answer the question. The PRESIDING OFFICER. Does the -Senator from Texas · Mr. BLACK. Can the Senator answer that? yield to the Senator from Montana? ' Mr. HASTINGS. · Yes. This is my answer. I never expect ·Mr. CONNALLY. I yield. to admit to him that I voted against him. 1\Ir. WALSH of Montana. In view of the position taken by Mr. BLACK. I . thought the Senator would not. the Senator from Delaware [Mr. HASTINGS] ·that if the Presi­ Mr. HASTINGS. 'Vhat I shall say, and what the· Senator dent sends in a nomination to the Senate, the only-question is must admit, is that his name has .not been bro-ught before the . as to whether the man is -fit for the place or not, and that the · Senate for me to vote upon, and until it is I will be able to requirements of the law in relation to it are to be utterly disre­ defend myself with the ex-service man. I stated in the begin­ garded and are a matter of no consequence whatever-- ning that, so far as I was concerned, I was in sympathy with Mr. HASTINGS. Of course, I never made any such sugges­ him and could see no good reason why he should not have been tion as that. · appointed, but he was not appointed, and as a Senator I can not Mr. W ALSII of Montana. I will not enter into a controversy 1 turn down and vote against the man who was appointed because with the Senator- on that· point at this time. I call attention the pnrticular man of my choice was not named. That is the to section 35, Title V, of the Code of Laws, as follows: position I take. • Persons honorably discharged from the military or naval service by . Mr. ·BLACK. .Will the Senator answer this question? The Senator has not yet told me whether he thought be could justify reason of disability resulting from wou'nds or· sickness incurred in the an abuse by the Republicans by saying that the Democrats had line of duty, shall be preferred for appointments to civil offices, pro­ vided they are found to posses~> the business capacity necessary for the abused a power. The Senator has not answered that yet. I proper discharge of the duties of such offices. In making appo1ntments , assume, therefore, that he takes the position that the Repub- . to clerical arid other positions in the executive branch of the Govern­ licans have a right to do wrong if the Democrats have done ment in the District of Columbia or elsewhere preference shall be given ; wrong. to honorably discharged soldiers, sailors, and marines, and widows of . Mr. HASTINGS. Of course that question needs no answer. such, and to the wives of injured soldiers, sailors, and· marines who Nobody can defend a thing that is improper or corrupt, whether themselves are not qualified, but whose "wives are qualified to hold such it is done by Democrats or Republicans. positions. Mr. BLACK. Then what has it to do with this appointment to say that President Wilson abused a power? . This I might say is an . old statute enacted back in 1919, but Mr. HASTINGS. The Senator raised that question. it is also a provision of the Revised Statutes, ·section 1754, en­ 1\Ir. BLACK. I did not raise it. acted in recognition of the obligations due from the Nation to Mr. HASTINGS. I beg the .Senator's pardon. Was it not the those who served in the Civil War. Senator from Alabama who called attention to the ·fact that Mr. SWANSON. Mr. President; if the Senator from Texas during the Wilson administration only the high man was named will permit me-- as postmaster? · 1\fr. 001\TNALLY. I yield to the Senator from Virginia. Mr. BLACK. I did not. Mr. SW Al~SON. That is a statute, as I stated in my preYi­ . Mr. HASTINGS. I beg the Senator's pardon. ous remark;s, with which the Civil Service Commission and the Mr. BLACK. The \Vhole issue is, as the Senator stated, that P-resident say they. will cQmply. It simply gives ex.-service men . he can not vote against this man because of the fact that he a 5 per cent preference in the matter of examinations t~en. It has been appointed. · If the Senator believes that the app'ointee is clearly a violation of the purpose of the Congress when an has been designated as a result of favoritism does the Senator honorably discharged soldier is not appointed if he proves his still take the position that he can not vote not to confirm the eligibility by a competitive examination and is put on the eligible nomination? list and is then not appointed. I have had similar cases in Mr. HASTINGS. I can not vote against any person named Virginia a dozen times. I have called attention to that statute here by the President if that man be a fit person for the job for and t~ied to get the department to recognize it. Every time they which he has been named. do not recognize it, it is a plain, palpable effort to violate the Mr. BLACK. Even though the Senator believes that the other law of the land, and the time bas come for the Congress to teach man has been left out on the ground of favoritism? the executive officers that they can not violate the law any fur­ Mr. HASTINGS. I make that statement without qualifica­ ther so far as honorably discharged soldiers and sailors are con­ tions of any kind. If the name be sent here of a man who is a cerned. fit man, ~t is none of my business to inquire whether somebody Mr. SIMMONS. The Senate can at least say to the President . else could do the job better than that particular man. or to the appointing power that we will not assist them in Mr. BRATTON. Mr. President, will the Senator yield? violating the law by confirming such nominations. The PRESIDING OFFICER (Mr. FEes in the chair). Does Mr. SWANSON. The impression has been that by Executive the Senator from Delaware yield to the Senator from New order the President could avoid compliance with thi~ law. Mexico? This is not an Executive order. It is a statute enacted by the Mr. HASTINGS. I yield. Congress which they have attempted to supersede by a little Mr. BRATTON. The Senator stated a while ago in answer Executive order. to a question propounded by the Senator from Alabama that in Mr. CONNALLY. Mr. President, I did not intend to submit justifying his vote he would say that it was impossible for him any remarks to the Senate at this time, but I was provoked into to vote for the ex-service man or favor the ex-service man be­ doing so by the remarks of the Senator from Delawar( ~ [Mr. cause his name was not here. HASTINGS]. I happen to have been a Member of the House Mr. HASTINGS. That is correct. during the last half of the Wilson administration and huppen Mr. BRATTON. But by voting to confirm this nominee as to know something about the matter of appointments to rost­ against an ex-service man the Senator from Delaware lends mastersllips pub­ Mr. HASTINGS. I would thereby lend myself to a system lican always takes great pride if he can submit as a justifica­ which undertakes to transfer the appointment from the Presi­ tion for his conduct the argument that the Democrats once dent of the United States to the Senate of the United States, did the same thing. The Senator seems to justify the palpable and that I am not going to try to do. That is the system which evasion of the statute and of the Executive order by saying the Senator from New Mexico and the Senator from Alabama that the Democrats · also abused the matter of appointments to ai'e endeavoring to set up here. postmastership.-:. I deny that statement. Mr. BRATTON. And by the vote of the Senat()l: from Dela­ In 1913 when the Democrats. came into power there wn.~ no ware he makes it impossible for the ex-service man ever to be civil-service requirement as to appointments for postmusters. considered by the Senate for the position. W.e appointed Democrats in most eases to the post offices through­ M.r. HASTINGS. That may be true. out the United States. We made no pretense otherwise. But in Mr. CONNALLY obtained the floor. the ·campaign of 1916 President ·wilson let it be known that he Mr. SMITH. Mr. President-- proposed to adopt the civil-service rule with reference to post­ The PRESIDING OFFICER Does the Senator from Texas office appointments, and on the 31st day of l\Iarch, 1917, Presi­ yield to the Senator from South Caroiina? dent Wilson, under his constitutional power, issued an Execu­ . 1\ir.. CONNALLY. I yield. tive order providing that thereafter vacancies in the post offices :M:.r. SMJTH. I was desirous.- of getting the-floor in. my own of the country ·- sh-ould· be -filled by civil-service · examiL.ation. right. There is a matter of importance which I want to brj,ng I happe:q to know that it was the policy of the administration 5856 GON.GRESSIONAL RECORD-· ·sENATE NOVEMBER 20 tq appoint the applicant with the highest standing, provided fiag disgraces the very sunshine in which ~t floats if the country he qualified as to character, regardless of his political affilia~ :for which it stands will not do justice and act generously with tions. its brave defenders. Mr. HASTINGS. .Mr. President, will the Senator yield? Congress has enacted a statute providing that a preference , Mr. CONNALLY. I yield. shall be given to honorably discharged soldiers; and yet the ex­ Mr. HASTINGS. I observe that that Executive order was ecutive dep.;'lrtment has for a number of years past nullified the not made until he had supplanted the Republicans with Demo­ will of Congress, and has only allowed 5 per cent additional to crats. Is that correct? be given to the examination rating in the case of a soldier. The Mr. CONNALLY. No; it is not correct. statute is addressed to the appointing power, it is addressed to Mr. HASTINGS. Was it not the Senator's statement ~hat the Postmaster General, it is addressed to the Secretary of the it was pretty generally the situation? I think that was the Interior and the Secretary of Commerce, and to the heads of expression he used-that in 1913 President Wilson reappointed all the other departments. Its intent is that where a soldier is an postmasters, and " pretty generally " appointed Democrats ; worthy and capable of discharging the duties of the office he and that in 1916, after he got all the offices filled with Demo­ shall have preference when the appointment is made. crats, he modified the order and put the offices under the dvil What is this case? It is a case similar, as I have said, to ones service. which have come up repeatedly in Virginia. The qualifications Mr. CONNALLY. I will say to the Senator that his remarks of the ex-service man have been certified to; his efficiency has are in no way at variance with what I ha-ve said. In 1913 been certified to; it has been certified that he would make a good when the Democrats came into power they appointed Demo­ postmaster. Under the law hem entitled to preference over the crats to the post offices. They did not pretend to do otherwise. two others who passed the examination ; but the statute is They did not adopt the hypocritical attitude which was adopted nullified and the honorably discharged soldier is brushed aside by the Republicans in 1921, which pretended to select under the and a petty politician put in his place. civil service and which in fact selects purely according to the Mr. BARKLEY. Mr. President-- recommendation of the Republican national committeemen or The PRESIDING OFFICER. Does the Senator from Vir­ the local Republican chairman in each State. But after 1917, ginia yield to the Senator from Kentucky? when President Wilson issued his Executive order providing Mr. SWANSON. I yield. that all vacancies in post offices should be filled through com­ Mr. BARKLEY. I call the attention of the Senator to ·the petitive examinations, those regulations were religiously lived fact that the same policy is being purSued with reference to up to by the Democratic Party. the appointment of enumerators and others whose services are I bad a case in my own district, in the second largest city in required in the taking of the census. the district. An examination was held. A Republican received Mr. SWANSON. That policy runs through the entire Gov­ the highest grade and was appointed by President Wilson and ernment service so far as the appointing power is concerned, his appointment was sent in by Mr. Burleson, the then Post­ and the will of Congress is nullified. There is no dispute about master General. I went to the Postmaster General and told that; it is acknowledged ; it is conceded. Everybody knows him about the matter. He said that the President bad made that honorably discharged soldiers are practically given no the statement that he proposed to put the civil-service principle preference, or that, in any event, the preference does not amount into effect in good faith and that he, as Postmaster General, to anything. was going to see that the President's wishes were observed, and Mr. BLEASE. Mr. President-- . that the Republican in this case would be appointed. He was The PRESIDING OFFICER. Does the Senator from Vir~ appointed, and he is still serving in the office under presiden­ ginia yield to the Senator from South Carolina? tial appointment of Mr. Wilson. Mr. SWANSON. I yield. Congress intended, when it enacted the statute of 1919, that Mr. BLEASE. Will the Senator permit me to read a short ex-service men who bad fought for their country in time of war letter in connection with this matter? hould receive a preference · in the matter of appointments. Mr. SWANSON. I yield to the Senator for that purpose. Under the Executive order of the present administration and Mr. BLEASE. The letter reads as follows: the prior two administrations that practice has been changed OFFICE OF THE POSTMASTER GENERAL, until preference is given to service men who serve in til:lle of Washingtcm, 'D. 0., S epte-mber 18, 1.9'29. peace the Republican local machine. That is absolutely the Ron. COLE L. BLEASR, fact. Officials in the Post Office Department will tell a Sena­ United State8 Senate. tor, if he asks them and promises not to put the facts in the MY DEAR SENATOR BLEASE : In the absence of the Postmaster General record, that whenever the Civil Service Commission sends over I desire to acknowledge receipt of your letter of September 16 concern~ three names after a civil-service examination, a certain thing 1ng the postmastership at Laurens, S. C. happens. What happens to it? Does it go to the Postmaster In accordance with the regulations governing the appointment of General? J)Qes it go to the President for him to make the presidential postmasters, any one of the' highest three eligibles certified selection? No. That list is sent by the Post Office Depart­ may be appointed as po tmaster. The law requiring that preference be ment directly to the Republican· nationa,J. · committeeman in given to ex-service men in making appointments does not apply to the the State in which the post office is- located ; that Republican appointment of postmasters at presidential offices who are not in the national committeeman sends that list down to the local county classified civil service. chairman of the Republican committee ; and so the standard is However, in accordance with the Executive order of October 14, 1921, not as to whether a man was a service man or not, but the the Civil Service Commission is authorized to add ,five points to the standard is as to how close he is to the local Republican ma­ earned ratings of ex-service men and women in examinations for post­ chine. masters at presidential offices and give them their relative places on the In this case, where both parties are Republicans, I suppose eligible registers. the man who was appointed was a little closer ·to the petty Very truly yours, despot who happened to be the chairman of the Republican or­ ARCH COLEMAN, in ganization that county. Acting Postmaster Gen~az. Mr. President, I am prompted to make these remarks by the statement of the Senator from Delaware [Mr. liA.sTINGS]. He Mr. SWANSON. Mr. President, it seems to me that the only wanted an instance. I have given him at least one instance, and way the Senate can make effective the will of Cong'res in giving I have no doubt that there are hundreds of instances of post~ preference to honorably discharged soldiers is to reject appoint­ masters now serving who are Republicans who were appointed ments where glaring injustice is done as in such ca es as this. during the Wilson administration under the civil service Execu­ Therefore I shall vote to reject this nomination. tive order of March 31, 1917. l\Ir. JONES. Mr. President, I was requested by the Senator Mr. SWANSON. Mr. President, cases of ~is character have from Delaware [M'r. HAsTINGS] to advise the Senate that he come up repeatedly in Virginia. Ex-so1diers who stood on the was compelled to leave the Chamber because of a previous ap­ eligible list were ruthlessly brushed aside and some politician pointment. who served a local or county political boss was appointed in­ The PRESIDING OFFICER. ·The question is, Will the Sen­ stead of the gallant soldier. Of course, I knew of the statute to ate advise and consent to the nomination of postma ter ·at which reference bas been made, and have bad occasion repeat­ Dillon, Mont.? By the sound the noes seem to have it. . edly to call if to the attention of the department and to appeal Mr. HALE. I ask for a division. to them to give force and effect to it as desired by Congress. On a division, the nomination was rejected. What is the issue here? The country is grateful to the brave Mr. CONNALLY. .Mr. Preside-nt, is it not in order when .' a and gallant soldiers who went through the dangers and priva­ nomination is rejected that the President be notified? ' ' tions of the war, and it says to them, "We Will give a preference The PRESIDING OFFICER. · That is the rule. The Presi- to you in civil appointments." That is light ; it is just. The dent will be notified of the 1·ejection of the nomination: · 1929 "CONGRESSIONAL RECORD-SENATE 5857

ARMY NOMINATIONS Mr. HEFLIN.- I want to say to the Senator from Utah that Mr. FI.~ETCHER. I move that the nominations in the Army there is an order that at 5.30 o'clock we shall recess until 7.30 be confirmed en bloc. o'clock to-night, and nothing has been don¢ about doing away The PRESIDING OFFICER. Is there objection? The Chair with a session to-night. I ask unanimous consent that when the hears none. The nominations are confirmed, and the President Senate concludes its session this afternoon it take a recess until will be notified. 10 o'clock to-morrow morning. NAVAL NOMINATIONS Mr. KEAN. I object. Mr. HALE. I move that all nominations in the Navy be Mr. COUZENS. I move that when the Senate concludes its confirmed en bloc and that the President be notified. business at 5.30 o'clock this afternoon it take a recess until 10 The PRESIDING OFFICER. Without objection, the nomina­ o'clock to-monow morning. Mr. KEAN. I object. tions for the Navy are confirmed, and the President will be The PRESIDING OFFICER. The question is on the motion notified. of the Senator from Michigan. POSTAL NOMINATIONS The motion was agreed to. Mr. PHIPPS. Mr. President, there a're a few nominations of l\fr. SMOOT. Mr. President, I wish to ha"\'e the attention of postmasters which have been passed on by both Senators of the Senate for just a moment. There are two or three amend­ each State and have been reported to-day. "I do not know that ments remaining in the flax and hemp schedule which I am quite any Senator cares to make any remarks about any of them, ex­ sw·e will require no further discussion. cept, perhaps, as to one. I think those nominations should be I desire to make a brief explanation. Last night, in reply to confirmed to-day, and I ask unanimous consent that those which the Senator from Massachusetts [Mr. WALSH], I stated that are not objected to may be confirmed. If any Senator desires the amendment found on line 8, page 166, involved a decrease in to have any one of them held over, he may say so; and, of tlle rate. I wish to correct that statement. Except this one, course, if we should pass on any of them in the absence of a there is no other paragraph, whether affecting cotton, silk rayon, Senator who is interested, and who might object, he will have or other textiles, in which the lower-priced goods are not found a right to ask for the reconsideration to-morrow. in a bracket at a lower rate. I had not noticed that when the Mr. BLEASE. Mr. President, I have no objection to the re­ Senator asked me the question and therefore I said that the quest of the Senator from Colorado, except as to the nomina­ rate proposed was a decrease. I also stated to the Senator from tions for post offices in the State of South Carolina. I ask that Nebraska that it was a decrease. However, it is an increase, they be not confirmed. and I want to make that correction. Mr. PffiPPS. Then I ask that, with the exception of those Mr. WALSH of Massachusetts. It is not to be wondered at, in South Carolina, the post-office nominations reported to-day in view of the tremendous amount of work the Senator from may be confirmed en bloc. . Utah has done and the enormous amount of information the The PRESIDING OFFICER. Is there objection to the re­ Senator has had to carry in his mind, that he should make that quest of the Senator from Colorado? The Chair hears none, and mistake. the nominations-are confirmed, and the President will be notified. The PRESIDING OFFICER. The question is on agreeing to COAST GUARD AND COAST AND GEODETIC SURVEY NOMINATIONS the committee amendment on page 168, line 8. Mr. JONES. 1\fr. President, a short time ago I reported The amendment was rejected. nominations in the Coast Guard and Coast and Geodetic Survey. The next amendment was, in paragraph 1014, page 166, line I ask unanimous consent that they may now be considered en 10, after the word " and,:' to strike out "20" and insert "60,!' bloc and confirmed. so as to read: The PRESIDING OFFICER. Is there objection? The Chair Exceeding 160 threads to the square inch, counting the warp and hears none. The nominations are confirmed, and the Presidept filling, 40 per cent ad valorem. - will be notified. Mr. NORRIS. Mr. President, I inquire of the Chair whether The PRESIDING OFFICER. The question is on agreeing to all nominations on the Executive Calendar have been dis­ the amendment. posed of? The amendment was rejected. _ The PRESIDING OFFICER. That is the understanding of Mr. SMOOT. Mr. President, by action on one more amend­ the Chair. - ment we will finish this schedule. The amendment is found on Mr. NORRIS. Then I ask unanimous consent that paragraph pagE:! 167. . . _ 6 of Rule XXXVIII be suspended and that all nominations now The PRESIDING OFFICER. The amendment will be .stated. on the Executive Calendar of the Senate or pending before any The next amendment was, on page 167, line 5, after the word of the standing committees of the Senate shall remain in statu "ad," to strike out "valorem" and insert "valorem:. Provided, quo until the convening of the regular session of ·Congress on That any of the foregoing made with hand rolled or hand made December 2, 1929, and that said nominations shall not be affected hems shall be subject to an additional duty of 1 cent each,'~ so by the adjournment of the present session of Congress. as to make the paragraph read : 'l'he PRESIDING OFFICER. Is there objection to the re­ PAR. 1016. Handkerchiefs, wholly or in chief value of vegetable fiber, quest of the Senator from Nebraska? The Chair· hears none, except cotton, finished or unfinished, not hemmed, 35 -per cent ad valorem ; and it is so ordered. hemmed or hemstitched, or unfinished having drawn threads, 50 per cent REVISION OF THE TARIFF ad valorem: Provided, That any of the foregoing made with hand rolled or hand made hems shall be subject to an additional duty of 1 cent each. The PRESIDING OFFICER. -The Senate resumes its legis- lative session. · l\1r. SMOOT. That amendment is entirely for the benefit of The Senate, as in Committee of the Whole, resumed the con­ Porto Rico. It has nothing whatever to do with the industry in sideration of the bill (H. R. 2667) to provide revenue, to regu­ the United States. The Porto Ricans have appealed for it be­ late commerce with foreign countries, to encourage the indus­ cause of the fact that they can not meet the competition from tries of the United States, to protect American labor, and for abroad. The duty proposed is only 1 cent on a handkerchief, other purposes. and, of course, that amounts to very little. Mr. BLEASE. Mr. President, I ask unanimous consent that The PRESIDING OFFICER. The question is on agreeing to the order providing for a night session to-night may be rescinded. the amendment reported by the committee. Mr. SMOOT. Mr. President-- The amendment was agreed to. The PRESIDING OFFICER. Does the Senator from South BECESB Carolina yield to the Senator from Utah? Mr. BLEASE. Yes, sir. The PRESIDING OFFICER. The hour of 5.30 o'clock having Mr. SMOOT. Mr. President, I desire to make a request for arrived, under the unanimous-consent order the Senate will unanimous consent. I ask unanimous consent that at the con­ stand in recess until to-mon:ow at 10 o'clock. clusion of the business of the Senate to-day it take a recess until Thereupon (at 5 o'clock and 30 minutes p.m.) the Senate took 10 o'clock to-morrow morning. a recess until to-morrow, Thursday, November 21, 1929, at 10 Mr. BLEASE. That is proper. o'clock a. m. - The PRESIDING OFFICER. Does the Senator from South Carolina withdraw his motion? CONFIRMATIONS Mr. BLEASE. Yes, sir. . As-. I understand, the Senator from Executive nominations confirmed by the Senate November 20 Utah has done what I wanted to do. (legisf:ative day of October 30), 1929 · The PRESIDING OFFICER.· Is there objection to the . re­ quest for unanimous consent submitted by the Senator from ASSISTANT . ATTORNEY GENERAL Utah? The Chair hears none, and it is so ordered. G. Aaron Youngquist. 5858 CONGRESSION~L RECORD~SENATE NOVE]}ffiER .~ 20

UNITED STATES DISTRICT JUDGE Harvey Israel Rice to be- captain, Medical Admini trative :Mortimer W. Byers, eastern district of New York. Corps. William Carleton Hanna to be major, Co~st AJ.-tillery Corps. MEMBER. OF BOARD OF TAX APPEALS Leon Gregory Harer to be majoi·, Infantry. Herbert F. Seawell. William Remsen Taylor to be colonel, Cavalry. . PUBLIC IlEALTH SERVICE John Patrick Hasson to be colonel, Quartermaster Corps, William C. Billings to be senior surgeon. Everett Darius Barlow to be lieutenant colonel, Quartermas- ter Corps. CoAST GUARD OF THE UNITm STATES Felix Emmanuelli to be lieutenant colonel, Infantry. To 1Je ca-pta-i.ns Pascual Lopez to be lieutenant colonel, Infantry. William H. Shea. William Albert Johnson to be lieutenant colonel, Corps of Cecil M. Gabbett. Engineers. To be com1nanders Edwin Mack Scott to be major, Quartermaster Corps. Warner K. Thompson. Wilfrid N. Derby. Paul James Dowling to be major, Infantry. John H. Cornell. Leo C. Mueller. Otis Porter to be major, Cavalry. Gordon T. Finlay. Clarence H. Deneb. Hermann Charles Dempewolf to be major, Infantry. Louis L. Bennett. William K. Scammell. PROMO'l'IONS IN THE NAVY William J. Keester. Russell L. Lucas. Herbe11 E. Kays to be captain. Eugene ·A. Coffin. Stephen S. Yeandle. James B. Will to be commander. J obn S. Baylis. Frederick A. Zeusler. Francis A. Smith to be lieutenant commander. Charles G. Roemer. Douglas A. Spencer to be lieutenant commander. To be lieute-nam,ts Uttnior grade) Harold F. Ely to be lieutenant commander. George M. Phannemiller. Whitaker F. Riggs, jr., to be lieut'enant. John J. Purcell. William S. Campbell to be lieutenant. George W. Snyder, 3d, to be lieutenant. COAST .AND GEODJi11'IC SURVEY · Vernon Huber to be lieutenant. To be aide with relative rank of ens-ign in th.e N a'I/"Y Peter J. Neimo to be lieutenant. Ira Richard Rubottom. Howard B. Hutchinson to be lieutenant. To be j-unior hydrographic ana geodetio engi1~eer wUh reZatwe Horace B. Butterfield to be lieutenant. . rank of lieu-te-nan t {junior grade) in ·the Navy John P. Cady to be lieutenant. Samuel M. Tucker to be lieutenant (junior grade). . .. Vawter Morton Gibbens. John H. Simpson to be lieutenant (junior grade). ~To be hydrographi o ana geodetic engineer with relati-ve rank of John D. Sweeney to be lieutenant (junior grade). lieute-nan;t in the Navy· Norman J. Blackwood to be medical director. William McCaslan Scaife. Joseph A. Biello to be medical director. • ·• ~ 0 APPOINTMENTS I:N 'IIIE ARMY Daniel W. Heagy to be chief pharmacist. Andrew Thomas Francis Nowak to be chaplain with the rank Leo A. Duncan to be chief pharmacist. of first lieutenant, Chaplains Reserve. Robert N. Cheetham to be chief pharmaci t. Edmond D. Harrison to be chief pharmacist. GENERAL OFFICER Frederick 0. Ball to be chief pharmacist. James Joseph Quill to be brigadier general, re ~erve, Wisconsin John P. T. Bennett to be chief pharmacist. National Guard. Jefferson 0. Forte to be chief pharmacist. APPOIKTMENTS BY TRANSFER, IN THE ARMY Martin Huff tQ be chief_{)harm~cist. . Claud Thomas Gunn to be first lieutenant to Finance Depart- George H. Rock to be Chief Constructor and Chief of the ment. · Bureau ·of Construction and Repair;_ with the rank of ~ear Francis Henry Lanahan, jr., to be first lieutenant to Signal admiral. Corps. POSTAUSTERS Edwin Lynds Johnson to be second lieutenant to Field Ar­ .ARIZONA tillery. Am·elio B. Sanchez, Sonora. To be seoona lieutenants to A·i1· Corps CALIFORNIA Albert Lea Alexander, jr. Arthur William Meehan. Harold V. TalJon, Jackson. Forrest Gordon Allen. John Stewart Mills. Verbenia 1\J. Hall, -Quincy. Alvord VanPatten Anderson,jr. John Jordan Morrow. Joseph G. Petar, Bolinas. Frederick Lewis Anderson, jr. · George Warren Mundy. Samuel Egbert Anderson. John Thomas Murtha, jr. CONNIOCn'I.C'UT George Raymond Bienfang. Thayer Steyens Olds. Charles E. Gray, North Stonington. Bryant LeMaire Boatner. James Francis Olive, jr. FLORID.A Samuel Robert Brentnall. Roger Maxwell Ramey. J esse D. Louis, Davenport. Harold Brown. Allen Wilson Reed. Ralph F. Blatchley, Dunedin. James Wilson Brown, jr. John Alexander Samford. Allan Van Wormer, Invern~. Joseph Arthur Bulger. LaVerne George Saunders. Robert V. Hedges, La Belle. Howard Graham Bunker. Edgar Alexander Sirmyer, jr. James E. Parrish, South Miami. Frank Jerdone C(,}leman. Frank Leroy Skeldon. Robert .Tames Dwyer. George Fe1orow Smith. GFDRGIA. Frank Fort Everest, jr. Thomas 'Veb ter Steed. Olene Watson, Menlo. Nathan Bedford Forrest, jr. Robert Frederick Tate. Charles Grant Goodrich. Robert Kindler Taylor. ILLINOIS Norris Brown Harbold. Robert Falligant Travis. Gordon McClusky, Rosiclare. Robert Scott Israel, ·jr. WiUiam Henry Tunner. ThTJ>I.ANA Paul Harold Johnston. Robert Williams Warren. Augu t Walter Ki~ ner. Harry Edgar Wilson. James C. Taylor, Mooreland. Ralph Edward Koon. Roscoe Charles Wilson. lOW .A Stuart Glover McLennan. Emmett Felix Yost. Alfred Rockwood :Maxwell. Maude M. Peters, Alexander. William F. Kucera, Elberon. PROMOTIONS 1£ THE ARMY George D. Sailor, Li bon. Frank Thomas l\IcNarney to be colonel, Cavalry. KENTUCKY Thoma MacAllister Knox to be colonel, Quartermaster Corps. Paris Early, Bagdad. Frederick Julius 0 termann to be lieutenant colonel, Infantry. William James Connolly to be lieutenant colonel, Infantry. LOUISIANA. . .. J'ay Kenneth Colwell to be major, Cavalry. Robert L. Mouton, Lafayette. Lawrence 'VellbtiTn F11gg to be major, Infantry. Mildred M. G1ea on, ·Belc1wr. Albert Russell I es to be major, Field Artillery. · '\Villimn C. Reynolds, Ida. William S'Yann Shuttleworth to be major, Dental Corps. Bern~rd B. Franques, Opelousas. 1929 CONGRESSIONAL RECORD-SENATE · 5859 'MAINE The VICE PRESIDENT. Seventy-two Senators have an- Joseph. Otto Fisher, Lewiston. · swered to their names. · A quorum is present. MINNESOTA THE joUJ.iNAL Louis M. Larson, .Alberta. Mr. JONES. Mr. President, _I ask unanimous consent for Arthur J. Schunk, Minneapolis. the approval of the Journal of .Monday, November 18, Tuesday' Tollef P. Anderson, Thief River Falls. November 10, and Wednesday, November 20, 1929. The VICE PRESIDENT. Without objection, it' is so ordered. MONTANA ORDER FOR RECESS Helen P. Gibb, Belton. John M. Evans, jr., Butte. Mr. SMOOT. Mr. President, I ask unanimous consent that at the conclusion of to-day's business the Senate take a recess NEW MEXICO until10 o'clock to-morrow morning. John P. Milner, Anthony. The VICE PRESIDENT. Is there objection? The Chair NEW YORK hears none, and it is so ordered. Fred C. Conrad, Saranac Lake. HON. WALTER E. EDGE, AMBASSADOR TO FRANCE NORTH CAROLINA A message was communicated to the Senate from the Presi­ Byron J. Luther, Enka. . dent of the United States by Mr. H~s. one of his secretaries. NORTH DAKOTA Mr. BORAH. Mr. President, I ask that there be laid before the Senate the nomination of Bon. WALTER E. EDGE, to be am­ Ellis R. Dennison, Neche. bassador to France. UTAH . .The VICE PRESIDENT. . The clerk will announce the nom­ George A. Murphy,- Spring Canyon. ' ination. VERMONT The legislative clerk read as follows: Burton N. Sisco, Brandon. To be ambassador extraordinary and plenipotentiary to France, WALTER E. EDGE, of New •Jersey. WEST VIRGINIA Mr. BORAH. '· :Mr. President,.. following the usual custom in' Mary L. Lilly, East Beckley. such. m·att:ers; r ask un'anim'ous .consent ' that the riominatio·n be WISCONSIN confirmed without being referred to a committee. Almer E. Adams; Minong. The VICE . PRESIDENT. Is there· objection? The Chair John F. ·coulter, National Home. hears none. The nomination is confirmed, and the President' will be n?tified. . . REJECTION CLAIMS AGAINST UNITED STATES GRAIN CORPORATION E:oecutive nomination rejected by the Senate November 20 (legis­ The VICE PRESIDENT .laid before the Senate a communi-. lative day of October 30}, 1929 cation from the Secretary of Commerce, transmitting, in fur-: POST!.iASTER ther response to Senate. Resolution- 98 (submitted by 1\ir. NYE and agreed to June-18, 1929), information relative to claims MONTANA against the United States Grain Corporation, etc., which, with Albert C. Gruwell, Dillon. the accompanying -papers. was ordered to lie on the table. . PETITIONS SENATE · The VICE PRESIDENT laid oefore the Senate a · communi­ cation from the executive secretary of the National Council for THURSDAY, November-~1, 19B9 the Prevention of War, embodying a resolution adopted by the executive board of that council, relative to· a resolution of the (Legislative.day of Wednesday, October 30, 1929) · National' Patriotic Associ.Rtion at Chicago, Ill., stating; 'in' part~ The Senate met at 10 o'clock a. m., on the expiration of the that the National Council for the P·revention of War welcomes recess. an investigation of any and all of its activities and sources of 1\fr. FESS. Mr. President, I suggest the absence of a quorum. income, which was referred to the Committee on the Judiciary. The VICE PRESIDENT. The clerk will can· the roll. . . Mr. BINGHAM presented resolutions adopted by Sidney The legislative clerk called the roll, and the following Senators Beach. Auxiliary, No. 11, U. S. W. V., of Branford, Conn., favor­ answered to their names : · ing the passage of legislation granting increased pensions to Allen George Kean Shortridge veterans of the Spanish-American Wat·, which were referred to · Ashurst Gillett Kendrick Simmons the Committee on Pensions. Barkley Glass Keyes Smith llingham Glenn La Follette Smoot · He also presented a letter in the nature of a petition from Bl ~ ase Goldsborough McCulloch Steiwer the Nathan Hale Parent-Teacher Association, of New Haven, Borah Greene · McNary Stephens Conn., which was referred to the Committee on Interstate Com­ Bratton Hale Moses Swanson Brock Harris N'Orbeck Thomas, Idaho merce and ordered to be printed in the REcoRD, as follows : Broussard Harrison Norris Thomas, Okla. NEW HAVEN, CONN., November 13, 1929. Capper Hastings Nye Townsend Connally Hatfield Oddie Trammell Tbe Hon. HlRAl\1 BINGHAM, Copeland Hawes Overman Tydings United States Senate, Washington, D. 0. Couzens Hayden Patterson Vandenberg SIR: The Nathan Hale Parent-Teacher Association of New Haven, Cutting Hebert Pittman Wagner Dill Heflin Ransdell Walcott local nnit of the Connecticut Congress of Parents and Teachers, a Fess Howell Sackett Walsh, Mass. branch of the National Congress of Parents and Teachers, urges the I Fletcher Johnson Sheppard Waterman passing of .the Brookhart bill, No. 1103, to do away with the block sys­ Frazier Jones Shlpstead Wheeler tem of motion-pictnre distribution ; i. e., the necessity of the exhibitor Mr. NORBECK. My colleague the junior Senator from having to buy his pictures in blocks of 17 or 24 or 31, as the case may South Dakota [Mr. McMASTER] is absent on account of illness be, thus accepting the poor pictures in order to get the good ones, or in his family. I would like to have this announcement stand "buying blind." Our interest in this bill is but a part of our campaign for the day. for better motion pictures. Mr. SHEPPARD. I desire to announce that the Senator from Yours very truly, Arkansas [Mr. CARAWAY], the Senator from Montana [Mr. THE NATHAN HALE PARENT-TEACHER AsSOCIATION WALSH], the Senator from Indiana [Mr. RoBINSON], and the ALMA MACTAMMANY, Secretary. ' Senator from Wisconsin [Mr. BLAINE] are necessarily detained on business of the Senate. Mr. THOMAS of Oklahoma presented petitions of sundry citi­ Mr. BROCK. I wish to announce that my colleague the zens of the State of Oklahoma, praying for the passage of legis­ senior Senator from Tetmessee [Mr. McKELLAR] is detained lation granting increased pensions to Civil War veterans and from the Senate as a member of the special committee of the their aged widows, which were referred to the Committee on Senate attending the funeral of the late Secretary of War. Pensions. Mr. SHEPPARD. I wish to announce that the Senator from TARIFF ON NAPKINS AND TARLE LINEN Iowa [Mr. S'I'IOOK] is necessarily detained from the Senate on Mr. WALSH of Massachusetts. Mr. President, late last eve­ official busines&. ning, just before the recess, we had under consideration para­ I also desire to announce that the Senator from Utah [Mr. graph 1014, which related to a duty .upon napkins and table KING] is necessarily detained from the Senate by illness. I will linen. I have here a letter from a leading merchant dealing in let this announcement stand for the day. napkins and table linens, which I ask to have inserted in the