"9986 CONGRESSIONAL RECORD-SENATE: JULY 6;

:Yr. WALSH of Ma:ssachu&.-etts. Mr. President-- SENATE. Mr. UNDERWOOD. I yield to the Senator from Massa­ chusetts. THURSDAY, July 6, 192!3. :Mr. WALSH of Massachusetts. How can there be any time (Legislative day of Tlwnday, AprU 20} 1922.) fixed to vote on this bilI when the committee have not com­ pleted their work yet? The committee are meeting every morn- 1 The Senate met at 11 o'clock a. m., on the expiration of the ing and changing amendments and changing' this bill. How Irecess. can we fix; a time until the· committee fin~ly finish their work P.AY OF SENATE P~GES. on the bill? ; Mr. CALDER. l\fr. President, in· tlle general appropriation Mr. UNDERWOOD. The Senator is clearly correct. The I bill passed each year we include a provision for the payment of chairman of the committee has repeatedly stated to us on the ! the salaries of the employees of the Senate, but no provision ffoor that- from day to day the committee are meeting and pro- ' was made in the· last appropriation bill for the payment of sala­ posing new amendments and changing the· proposals _in the bill, ries of pages of the Senate after July 1 of this year. To take and yet it is nroposed by this. rule to say to your own com- I care of the matter the Senator· from Wyoming [Mr. WARRE~T, mittee at 12 o'clock noon on Friday next they shall labor no 1· chairman of the Committee on Appropriations, introduced a more and shall not give the bill fmther consideration, because resolution ( S. Res. 313)', which was refeITed to tbe Committee any proposals of theirs can not thereafter be considered. to· Audit and Control! the Contingent Expenses of tbe Senai:e-. I Mr. LENROOT. Mr. President, may I ask the· Senator an- 1 am dir:ected by that committee to report back tbe resolution other question? J favorably without amendment. The resolution· provides for the ~ir~ UNDERWOOD. Certainly. , payment of the 16 regular pages from now until the 1st of De- Mr. LENROOT. The Senator states that he hopes the bill 1cernber, or daring sueh days· as the pages may be employed. I can be passed. by. August. If that be· true, it will only be because 1 ask:· for its present consideration. debate is limited by action of the Senate or by the voluntary ! Mr. KING. Ml'. President, may I inquire what is the purpose action of Senators. Does the· Senator believe that Senators I of the resolution? upon his side of the aisle are now willing to curtail debate vol:. I Mr. CALDER. I will say to the Senator from Utah that in untarily·? !the passage of the regular' appropriation bill which takes care Mr. UNDERWOOI!>. I can not speak for- anyone but myself, of the pay of Senate employees the Senate neglected to provide and I do say that I hope debate- on items which are not of great I for· the payment of the pages of the Senate. No provision was importance can be curtailed to an extent so that we can get I made for any pay of the. pages. until' the next regular se ~ sion through by that time. I think it is necessary for us to reach a· 1of the Senate. We are taking care of them through this resolu­ conclusion, and yet, with· the great schedules of wool and cotton tion by providing for the payment of their salaries out of the and sundries, which carry taxation into every home in America, 1 contingent fund of the Senate. • yet undisposed of, I do not want anyone to think for a moment 1 The resolution was read, conside1·ed' by unanimous consent, that those sc.hedhles should be passed without reasonable con- and agreed· to, as follows~ sideration and fair debate. But I think that it' can be done. If Resolved; That the. Secretary of tbe Senate be, and he hereby is, au- 1~ t •t f · · " l th t ·t can thorized and directed to pay' from the miscellaneous items of the con­ the S enato rs 1ooa a · 1 rom my Yiewpomv run sure a 1 Itlngent fund of the Senate the .16 pages borne on the se sion rolls o! be done. I may make one or two other speeches on the bill; but the Senate from July 1, 1922, to and includino- the last day of the Ii am sure the time I take, if proportioned out to other Senators month in which the second1 session of the sirt.v-seventh Congress is on the floor, would not carry the passage of the bill beyond an ,adjourned sine die, at the rate of $2.50 per day each. ea:rly- date in. August. .ADDITIO:NA.L SEN.ATE P.A'.GES. I merely want to ay that of course you have your rights. Mr. CALDERc, I report back favorably without amendment, The rule is a.: part of the Senate procedure. If you can get' a from the Committee to Audit and1 Control the Contingent E)x:­ two-thirds majority you have a right to gag-us, and· you have a penses of th& Senate, Senate Resolution 314 to· provide for the right to-· cut off amendments and cut off debate and· throw this 'continuation of the five· additional pages who have been carried misshapen piece of legislation into the face of the country, but on. the pay roll for the last year and a half. I ask for the present I say you will' make a very serious· mistake if'you do so. consideration of the resolution. Mr. McCUMBER. Mr. President, I move that the Senate The resolution was. read, considered by unanimous con~ent, take a. reces~ , until to-morrow- morning at 11 o'clock. and agreed to, as follows:: MT. HARRISON. Mr. President, I suggest llie absence of a. Resoivea, That Senate Resolution No. 175, agreed to :NovembP.r 10, 'thd th st fo th pres t There are· 1921, authorizing and directing the Sergeant at Arms· of tbe Senate quorum. I WI raw e reque r e en · to employ five additional pages for the Senate Chamber at $3 per day just a few hours during which the rule can be discussed. each from the 1st day- of December, 1921, to the end of the second ses- Mr. M:cCUl\IBER. It can be discussed all day to-morrow. sion of the Sixty.-seventh Congress, to be paid from the miscellaneous 'I H ..• nnISON It ht t 0 b di d l'ttle1 thi ft r items of the contingent fund of the Senate, be, and the same is he1·eby l.~ r. n..n. .i: • oug e scusse a s a e - amended to continue their employment to and including. the last day of noon. I have here a speech which the Senator made in 1918, the· month· in which the second session of the Sixty-seventh CongrPss in which he said he w.as against C!loture and that an hour's Is adjourned sine die at the rate of $2.50 per· day each. debate was too little, and he argued against the rule at tbat. POLA:R FLIGHT OF EDWIN FAIRFAX NAULTY. time. I wanted to read it to refresh the memory of the Senator ' l\Ir. ROBINSON. Mr. President, some months ago tile im. from North De.kota as to tllat speech. Will he withhold his portance of Wrangel Island as an air base for flight routes motion unti1 I can read a part of that speech to him? across the was brought to the attention of the Senate in Mr. McCUMBER. The Senator can do that to-morrow. connection with a controversy respecting the priority. of rights ~fr. HARRISON. Very well;. the Senator will do it to- by discovery and occupation respectively accruing to the United: morrow. · States and Great Britain. Mr. Edwin Fairfax Naulty, re- ~fr. KING. Mr. President, will the Senator yield to me? nowned for his investigations in scientific.and practical aero- Mr. McCUMBER. I yield for a question. nautfcs, then proclaimed' the right of the to assert Mr. KING. I gave notice, or, ra.ther, I voted for the almond just prio.ricy tly actual discovery and continued occupation. paragraph and indicated at the time that. I would move. to re- Tl1e importance of tile controversy apparently was not fully consider the vote by which it wirs agreed to~ I just want realized at that titne by our Department of State. to submit the motion to reconsider and will' take· it up to- About one year· ago ~fr. Naulty formed and publi. hed a plan morrow. for a trans-.A:.rctic, transp·olar flight. This plan was definite in Mr. McCU~IBER. That can be done in the morning. all its details· and was illustrated on a chart supported by- Mr1 KING. To-day is my last day. known observations of ice drifts, current flow, known directions, l\fr. .McCUlIBER. No; it is not. W~ are still in the same known shallows and depths, and other data. This chart was· legislative day. deposited in a Government bureau and· no attempt was made Mr. KING. Very well. With that understanding I shall by l\:Ir. Naulty to maintain secrecy respecting big plans and submit the motion to-morrow. purposes. RECESS. The Washington Post of. August 2, 1921, the Pittsburgh Post- DiSJSatcb of August 4, 1921, the New York Times of September Mr. McCUl\fBER. I move that the Senate take· ai recess, the ll, 1921!, the Washington Herald of October 12, 1921, and other reeess being under the unanimous-consent agreement, until.r newspapers IJUblished last summer, contained' editorials and' 11 o'clock to-morrow. comments respecting Mr. Naulty's plan for· a polar flight. The The motion was agreed to; and.the Senate (at 6 o'clock and 5 ; editorial in tlie- Pittsburgh: Post of the ·date above mentioned minutes p. m.), under tbe order previously made;. took a recess• ;points- out in• definite detail th route of Mr. Naulty,,. propo. ed until to-morrow, Thursday, July 61 1922, at 11 o'clock. m m. . flight and the difficui'ties proba~ly to be eneount'ered, especially- 1922. CONGRESSIONAL RECORD-SENATE.

that pertaining to fuel, and the scientific value of uch an aerial Stefansson sent his " expedition " out in an. American vessel, flying t~e American tlag, the Silver Wave, of Nome, Alllska. He financed it expediti.on if successful. Wlth money obtained by lecturing in the United States, according to bis Mr. Naulty·s expedition, which should have taken place about own story in another publication ; he cajoled three Americans to join October, 1921, was postponed on account of adverse weather the party under a Canadlan leader, without explaining to them the ob­ ject of his expedition, to take Wrangel Island for Great Britain. This conditions until autumn of the present year. was in September, 1921. The Stetansson party can not get out from In the meantime, several months after the formation and Wrangel Island much before late July or August at the earliest this year, when we sball know surely if the Americans in Stefans on's party pul>lication of Mr. Naulty's plan, Amundsen, in an effort to raised the American flag, as the captain of the Silver Wave said they establish a claim for to an airway aCI·oss the Arctic did, when the Canadian raised the British flag over Wrangel Island on from the A.tlantic to the Pacific, apparently appropriated the landing. . Great Britain is always alive to her interest, and so is Canada, and Naulty idea and plan, and bis 1921 expedition on behalf of Nor­ properly so; so it is not surprising to find the following dispatch way having failed, and the Naulty proposal having come to his printed in the Washinlrton Post under date of May 13, 1922 : knowledge, Amundsen sought to adopt it as his own and to " Claims Wr-angel lsland-Canada. plans to occupy land despite American priority.-Ottawa Ont., May 13, 1922: The Canadian procure the benefits of the same for himself and his Government. Government maintains that Wrangel Island is part of Canadian terri­ That the true facts may become known and be preserved, I ask tory, the Canadian flag now flies over the island and an expedition is leave to print in the RECORD a communication from Mr. Naulty being prepared to go up there. This is the declaration of the Prime Minister, W. L. Mcltenzie King, when the House of Commons last night accompanied by newspaper editorials and news article. which voted $15,000 for pat·ol of the northern waters uf Canada. . are believed to set forth the subject fairly and fully. "C. P. Graham, minister of defense, said the amount was necessary . There being no objection, the matter referred to was ordered to publish the report of the Stefansson <.>xpedition. Hugh Guthrie, former minister of militia, said there was no doubt that the Unitea to be printed in the RECORD, as follows: States would make claims to the island on tile ground of previous dis­ WASHINGTO ·,. D. C., July 4, 1922. covery." Hon. JOSEPH TAYLOR ROBINSON, Forty degrees of longitude separate the western boundary of Canada i-nited States Senate, Washington, D. 0.: from Wrangel Island and it is 11 ° of longitude west of the one hun­ In addition to the facts set forth in the articles printed in the New dred and sixty-ninth meridian which in , divides Alaskan York Times of August 2, 1921, September 11, 1921, and June 29 1922 from Siberian territory. Wrangel Island is the air Gibraltar o:f' the the Washington Post and Herald of August 2, 1921; the Washlngton Arctic. The nation of Europe that controls Wrangel I sland controls Herald of October 13, 1921; and the Seattle Times of October 13 and the North Pacific, the West Arctic, and Bering Sea and the ·air ap-. October 23, 1921, permit me transmit to you, with the request that it proaches thereto across the Arctic. Although seldom visitable by sur­ all be printed in the CONGR»SSIONAL RECORD for the information of the Jace craft, due to the heavy ice, and then only in the months of August people of ~he United States, as well as the Senate and House of Repre- and September, Wrangel Island is approachable by air during 12 months entatives. ome additional facts in regard to my plans for a flight to in the year, and has ample level ground, level ice, and sheltered har­ the and across the Arctic, the Arctic itself and its strate­ bors for land plane and seaplane landing. By aircraft Wrangel gical importance for short air routes from the Atlantic to the Pacific Island i-1t presPnt speeds is only three-quarters of an hour's flight from to the nations bordering on the Arctic, and particularly to the United North Cape, Siberia; three and a half bours' flight from Nome or Point ta ce_. Barrow, and five and a half hours from Demarkation Point, each of In conjunction with the Arctic the strategic value to the United which is Canacian territory. tn tes of the entire Alaskan coast, from Dixon Entrance to the north From an aircraft cilrrier stationed in the open sea near Spitzbergen, Pacific to the one hundred and forty-first meridian in the and irrespective of the control of Spitzbergen, Great Britain, over the should not be lost sight of nor should the value of the Aleutian Islands' most northerly course could send a fleet of seaplanes to the mouth the Pribilofs, or Seal Islands, St. Paul, St. Lawrence, and Diomede of the MacKenzie River, in Yukon territory, , in· I lands be overlooked. flights of three stages of six and a half, six, and four hours each, with Two foreign explorers, Vihjalmer Stefansson, a Scandinavian who many emergency landin~ places on the way. Adding the tlight from now a;: erts that he i a British subject, and a Nor­ Demarkation Point to this Great Britain could fly her seaplanes to wegian. have taken, and are about to take, action that may result Wrangel Island in 22 hours with four stops en route. inimically to the interests of the United States. Their work is camou­ From Wrangel Island to the north end of Sakhalin Island, now con­ tluged under the name of "scientific exploration," but as I see it and trolled by Japan, is a less distance by air tban from Wrangel to De­ a the facts seem to prove, this is only a disguise for territorial ex­ markation Point; allowing five hours for the flight from Wrangel Island ploitation and aggression. Were the work of the e two men carried on to Sakhalin Island, it brings England and Japan in touch by air, going either way, if the British Empire controls Wrangel Island, in 27 hours. from 'be countries of their birth or adoption but little objection mi~ht This is actually developed speeds is easily made to-day, as the United be made, but under the pretense of " science " all the obtainable fac1li­ States has a seagoing triplane making 163 miles an hour and Great tje~ of various departments of the United States Government have been Britain has a plane that has done 212 miles an hour. u~ed to forward their plans at the expense of the United States The strategical importance of flight routes across the Arctic and of Last Jul~ I discussed my plans for a trans-Arctic, transpolar flight air bases therein that would permit short flights and assure fuel with DA· SUTHERLAND, Delegate from , and from him then got supply and of Wrangel Island as a western station, air base, and supply much assistance. Later Mr. SUTHERLAND met Stefansson. and being a stop may be seen when it is realized that the flight distance across 8ingle-minded man, free from guile and with no thought of it in others the Arctic from the Shetland Islands, in Great Britain, to the Kurile Mr. SuTHERWND discussed my plans with Stefansson. This was in late Isles of Japan is less than the surface steaming distance across the Augu t, 1921. In September, 1921, Stefansson hastily organized a Pacific from Vancouver, Canada, to Yokohama, Japan. party, us descl1bed in the articles that appeared in the New York Times If in his early interviews in relation to Wrangel Island Stefansson in l\larch, 1922,! that were reprinted in the CONGRESSIONAL RECORD of was brutally frank even alleging indirectly that he raised the money March 25, 192z, and "took possession., of Wrangel Island for Great for his Wrangel Island venture from his lectures and the sale of his Britain. Stefansson had been under fire from Professors O"Neill and books in the United States, thus not only using American ports but Anderson, of Canada, over the Karluk expedition of 1913-14 and one also American money for alien purposes, Roald Amundsen, the Nor­ of them had definitely charged Stefansson with having "subordinated wegian, has been just the opposite. Personally and through his press the interests of science to his own personal advantage " during the agent, H. H. Hammer, in Seattle he has misrepresented his plans Karluk expedition, which was under Canadian auspices. In his exP.loit 1 of •·taking" Wrangel Island Stefansson perhaps saw a wa:v of· re­ constantly, and has done this particularly in relation to his abandon­ habilitating himself with Canada and Great Britain owing to the great ment of his original plans for a seven-year surface drift through the ynlue of Wrangel Island as an air base for flight routes across the Arctic ice in the schooner Maud and the substitution of the Fairfax Arctic. Naulty polar flight plans, appropriated by him in toto, even including Alaska an

Navy N. C.'s trans-Atlantic flight. When Lieutenant Porte-the Eng- coast from the Naze In the North Sea to the Tana Peninsula in Barentz lisbman-propo ed a trans-Atlantic fiight in the Curtiss plane Americ_a Sea. The League of Nations gave mandatory control of Spitzbergen Americans did not rush in to beat him to it, and it was not until to Norway. Norway claims territorial rights in Axel Heiberg Land and Porte definitely announced that he had abandoned his proposed flight Adulf Ringes Land, which lie between Spitzbergen and Bering Sea. that the United States Navy took up the question o,f a trans-Atlantic "Now, if Norway could take possession of the 'unknown land' lying fifaht, anrl then it chose a different route ~rom Portes. . I had p_Janned to the north of the Alaska north coast, she could control the air a trans-Atlantic flight, and the records of it are on file rn Washmgton, traffic of the future across the Arctic, since her airplanes could fly via Newfoundland, Labrador, Greenland, , Faroe Islands, Shet- from North Cape to Spitzbergen, from Spitzbergen to Axel Heiberg lands and to London, choosing this route as aircraft of Land, from there to Adulf Ringes Land, and from the1·e to the south­ that time were not capable of a nonstop trans-Atlantic flight, but gave westerly 'end' of the land which undoubtedly bounds Beaufort Sea on it up in order not to come in conflict with Porte. the north and lies between the Parry Islands and Bering Sea. Spain did not try to get ahead of Portugal in the recent flight fro~ " To-day announcement js made that Norway is to send Maj. Tryggve Europe to Brazil; France did not try to beat the ~osses in their Gran on a flight expedition probably from Hammerfest, Norway, via England-Austrnlia flight. The nonstop trans-Atlantic :thght from ~ew- Spitzbergen, to the · North Pole and thence westerly, and that a race foundland to Ireland, won by Alcock and Brown, was a challenge flight is on between Amundsen and Gran to make the North Pole and the for a prize in money and open to all entrants. When Shacklet?n came trans-Arctic crossing by air. It may interest both Amundsen and to the United States in January, 1921. fo! the purpose of lookmg over Gran, who are in touch by radio with· the world, that all the possible the chances of a fll~ht from the MacKenzie Detla across .Bea?fort Sea, routes that either or both may fly are already charted in full detail and I saw him in New York and told him of my Arctic flight plans and in the possession of a department in Washfogton. This same at a meeting with him at the Waldorf-Astoria in New York, he gave department also has a series of 25 careful,ly worked-out Arctic charts, up his tentative idea when he found it was anticipated, and that ga_l- prepared by my son and myself, which show all practical flight routes lant explorer said be would " chuck the .Arctic and g_o ~ack to hls across the Arctic, with a mass of other data, the first ever preparell own field, the .Antarctic." Shackleton even ~sked me if it. wouwldhbe for any Government, so here again they are not 'putting anything " crossing my trail " if be used an airplane m the Antarctic. e!l over ' on us. G. S. Nares, in the Alert and Discovery, in 1875, ~ushed up theh~merhl· 1 ".Amundsen used Seattle as his base for repairs and operation~. He can Passage opened by Kane and Hall, the Americans be~ore 1m, e is now using Nome as a ship base and intends to make his attempt to took with him a bronze tablet, made in London before his departure, fly from Point Barrow, it his announcements can be relied on. All to place on Hall's Arctic grave, on which was deeply en7,raved by these points are .American territory. I wonder it Americans realize Nares the tribute to Hall, " In whose foots!eps we. follow. It J;ias just what this means. Amundsen is not doing this for the United been reserved for Amundsen to break the .h1g)l ethics of exyloration States· he is dofog it for Norway. Americans who have bad experience for the sake of personal notoriety, self-exploitation, and mat~nal p rofit. with Europe can readily see what would happen to an American it he Our plans are complete and we are ready to att~mpt a flight to the attempted to use No1·way as a base of operations for exploration of the North Pole and if possible across the .Arctic. this summ~ fr early Tana Peninsula for the benefit of the Unitetl States, with a view of autumn and by another route, also recorded rn full long .e ore anl making it an air base in the north of Europe. previous announcement of it by others. We are now arrangmg to ge ISSUE OF TERRITORIAL RIGHTS. the final backing from Americans who will put the all-American polar fiir.,bt in the air. ~lore is at stake in this polar fiig!J.t _than. a contest " I have referred to a Norwegian air route across the .Arctic and between two men of different nationality, over pnonty rights. If have allo'ITed Norway claim to Axel Heiberg Land and Adulf Ringes Americans do not make this flight and are beaten to the goal by Land. But neither Canada nor Great Britain will be so generous. Europeans it will be a source of regret to the United States later when Great Britain realizes the value of the A.retie air route just as well aviation comes into its own. as Norway. Though little attention was paid to it before, much Yours very truly, EDWIN FAIRFAX NAULTY. attention has been centered on the Arctic air route since .August 2, 1921. Canada claims her northern territory extends from a line [From the New York Times, Friday, June 30, 1922.] dividing Penry Land from Grant Land to the North Pole and thence down the one hundred and forty-first meridian to the boundary between CHARGES AUUNDSE'.'1 APPROPRIATED PLA~-E. F. NAULTY SAYS NOR­ Alaska and Yukon Territory. Canada has definitely asserted this WEGIAN GOT IDEA FOR POLAR FLIGHT FROM Hrs OWN PREPARATIONS­ claim in a chart issued in 1904. Within this northernly angle is POSTPONED Hrs ATTE~IPT-CITING IMPORTANCE OF NATIONALITY, inclosed the entire magnetic ar<:hipelago from Grant Land to Banks NAULTY SAYS AMUNDSEN WILL CHART NORWEGIAN AIR ROUTE. Land and including Adulf Ringes Land, Axel Heiberg Land, and the (Special to the New York Times.) land north of Prince Patrick Land and west of Ringes Land reported by Stefanssen. WASHINGTON, .Tune 29.-The allegation that Capt. Roald Amundsen, ... Canada. claims territorial rights to all the region within this angle the Norwegian polar explorer, has app_ropriated American· pla_ns for a extending to the North Pole and covering unknown as well as known flight across the North Pole from Pornt Barrow to orth c:;i.pe was lands. Not considering claims of the United tates to part of this made to-night in a prepared statement to the New York Times by region by right of discovery and occupation. claims that have never Edwin l!'airfax Naulty, o~ New York and :Washingtol!, ~ physicist, who been definitely abandoned or canceled, there still remains the claim to has long been interested rn and aviation. the North Pole region for the United States e tablished by Peary in It is Naulty"s contention that Amundsen has adopted the so-called 1909. If Canada's claims to this entire angle be admitted tenable Fairfax Naulty route and plans for a flight over the pole which were and with the exception of Grant Land and Grinnel Land, there can be prepared by Naulty and his son, Leslie Fairfax Naulty, for use in con­ no contest over Canada' right , it would follow that the United nection with plans of their own for a tr~s-Arctic flig~t. . Thes~ plans States has undoubterl territol"ia1 rights to the polar region north of and the route were disclosed by Naulty m an exclusl\e rnterview he Alar,ika and west of the one hundred and forty-first meridian extending gave a Washington represen.tative of the New York. 'J'imes last yea.r, to the boundary line between Alaska and Siberia. and were printed in a Washmgton dispatch to the Times on August 2, " The .Alaskan-Siberian boundary runs along the one hundred and 1921. t . d"t" f sixty-ninth meridian at Bering Strait by definite agreement between Naulty and b.is. son had intended to star on tl~e1r expe i ion or a Russia and the United States, and were there no other factors to be transpolar flight 111 the fall of l 921, but ca:µed it off m the face of considered, adop"ting the Canadian claims as fact, the northerly reports indicating that they would have met with adverse polar weath~r conditions. Naulty sairl to-night that he and his son plan to make their boundaries of the United States would run from Demarkation Point own transpolar flight this fail, but th~t he has refrain_ed from ~alk~ng due north to the North Pole, along the one hundi·ed and forty-first meridian, tJience south along the one hundred and sixty-ninth meridi~n about it for publication because he did not care to disclo e scientific to Bering Strait. This would include as .American territory the prob­ details for use by others. able ' Unknown Land ' north of Alaska, which Amund:=:Pn sairl early " I challenJ!e Amundsen or any representative of Amundsen's," said this year he would claim for and name after the King of Norway. Naulty to-night, "to produce one line of print prior to A~gu~t 2, 1921, to show that Around en bad worked out before the publication of our " But United States rights to Ardic territory do not end with the plans in the New York Times any operative plan for transpolar or one hundrPd and sixty-ninth meridian. West of it lies Wrangel I land trans-Arctic flight. Amundsen claims that he bought a Farman plane and the De Long Islands, composed of Jeannette, Ilenrietta, and Ren­ in 1914 and learned to fly for the purpose of polar flight. Anyone nett Islands. Wrangel Island is cut by the one hundred and eightl<>th who knows the limitations of a Farman bus of 1914 will smile at the meridian and lies due north of North Cape, Siberia. It was not dis­ covered by the Russian after whom it is named, but was first seen by thought of it making the 2,400 miles between Point Barrow and North Captain Kellett, of the British Navy, from Herald Island in 1849, and Cape. In the Seattle Times of October, 1921, Amundsen said he learned reported by him on his return to England in 1853. Kellett did not take to fly in 1914 ; in the London Times of June 9, 1922, he says he has possession of Wrangel Island and made no claim to it, although he e­ ".Amundsen stole a march on Captain Scott, the Englishman, when tween the one hundred and fiftieth and one hundred and sIXheth meri?-­ be rushed into the South Pole along Shackleton's old route on skis, ian east lies the !)(>long Island, discovered by the Jeannette party m merely to beat Scott to it, but his actions then and his record since are 1881. There is no doubt whatever about these islands being American well known, and the Norwegian will learn in time, as others have learned, that America is not asleep. terri.tory, as they were first discovered by the Delong party and have "When .Amundsen sailed as a passenger on the steamer Victoria never been visited since. Wrangel Island and the Delong Islands would carry the American boundary from the on!! h~ndl'ed a_nq sixty­ out of Seattle in June and bis press agent gave out a story that he nintb meridian west across the one hundred and eightieth mer1dmn and was on the Maud, he thought no one had fathomed his carefully laid to the one hundred and fiftieth meridian east, giving a total sweep of plans. 69° across the western Arctic and running to the North Pole. 1f rights AN AIR ROUTE FOR NORWAY. of the United States be maintained and sustained, and tbe rights of "Amundsen's sole motive in trying to make the transpolar flight is Canada be maintained and sustained, it is difficult to see how Amund­ to establish a claim !or Norway to an air route across the Arctic from sen can claim any land or any rights for the King of Norway or the the Atlantic to the Pacific, Norway controls the northwest .Atlantic Norwegian Government in that region. 11922. .CONGRESSIONAL RECORD-SEN.A.TE. 999l

'"A very interesting diplomatic situation ha.ci been develope.d l)y the south -0n the American side, Its set being estnbllshed by the -sharp advance made in aviation which on present day actual . per:for~ces rotative motion of the Arctic basin, but it is .more likely that th~ 1makes it ·possible for an airplane to 'fly from the North Atlantic to deflection of the polar current and the Wrangel and De Long current Bering Sea and thence to the No1'th Pacific in a .nonstop flight. ,The is caused• by land in the region lying north of the seventh parallel ·and tflight from Point Barrow to North Cape, across the North Pole, can be the North Pole. made in 24 hours, and the distance is less than 2,400 miles.. The pos­ AIR CURBBNTS OF' MORl!I INllREST. session of air bases in the Arctic thus becomes of paramo~t impor~ce "Consideration of the action 1)f the .Arctic Basin· currents first gave to the nation whose territory adjoins the Arctic; that is, the UJUted me the 'View tha:t this land exists. I definitely recorded it in an States Great Britain through Canada, . .Denmark through Green­ Arctic Easin chart in 1917 and went on reeord then, but it is the land Norway through her own territory, Spitzbergen, on which Nor- course of the air currents that wm be ot more interest to us in the way ' has a L eague o! Nations mandate, and Russia. . . proposed trans-Arctic-North Pole flight. "Without false modesty I claim for myself and my son. Leslie Fair~ax "All the indications are that at an alltiude of from 6,000 to 8.000 Naulty, the credit of being the first to work. out a definite, .o.perativ~ feet we shall find a stro.ng ' easting' air current-that is, a definite plan for transpolar flights and to make a.. special study of Arctic condi­ current blowing more or less steadilr from west to east below the tions with relation to :flight." 'North Pole at certain seasons and swrnging north and south with the movement of the sun, like the lower latitude trade winds. Starting TO ATTEMPT FLIGHT ACROSS NORTH POLm--EDWfN F. NA'ULTY AN­ from Point Barrow this wind will be in our favor, as we shall .have NOUNCES PLANS FOR A 6,000-MlLE TRIP OVER "TOP" OF THll EARTH­ it on our tail in the filght across. l! it is not found on the American O~ll PLANE AND .FOUR MEN~STARTING IN SllPTEMBER FROM ALASKA, side of the North Pole, it is pretty sure to be blowing on the Asian PARTY WILL TRY TO LAND AT POLE_, THEN .GO TO LoNOON. ·side. I expect to meet this as a wind at about 'i0° north, and by its direction there can determine whether we shall fly to the pole [Special to The New York 'Times.] beating in toward the one .hundred a;nd twentieth and ninetieth west meridians, or swing o-ver toward the same meridians east-that is, to­ WASHINGTON Au~ust 1.-Plans for an airplane .1Hght over the North ward the Asian coast. Pole· from AiaSka to Norway ~o .be attempted in September, W':re "We plan to make our "Pioneer tlight as speedily as possible and, announced to-night by .Edwin Fairfax Naulty of New York, a p~ysic1St strange as it niay seem, to do tt in late September. There are good who has long been interested in polar exploration and aviation. reasons for the choice of this time rather than ea:i:lier. Our plan of Mr. Naulty stated that the plans call for .the use of only on~ air­ the 'flight contemplates an air crew of four, wlth ground crews at plane and an expeditionary party of four, which would include himself .start and .finish. and three experienced pilots, all ex-serviei:: ilie!s. ·They expect to " Our fiight speed is estimated at 100 -miles an ·hour, and to this. cross the Arctic zone in ...24 hours' actual ilyrng time. i! wind favors, will be added the speed ot the following air current His son Leslie Fairfax Naulty, who will be associated with .him 1n I spoke of. The first jump ·will be· from Point Barrow to the ice or the enterprise, is going to Europe to ~ke care of _Plans for C?ntinua­ land north of the seventieth parallel. We expect to find it at that tion of the Hight from North Cape, via the Scandinavian capitals, to ]>oint, but tf not, and all -goes well, we shall fly north until we do. ·London. . .At the first landing we shall •restow and adjust for the bop to the The start of the important part of the rfilght fcom a scientific ·S.tand- North Pole. The distance from Point Barrow to the North Pole 1 point-the trans-Polar and trans~Atlantic .flight-is to be mo.de from Point Barrow Alaska, Mr. Naulty announced, and the route .to the a.cross the Arctic is : 1,150 nautical miles up the one hundred and pole will be, 'as ·far as flight conditions permit, along. the ' Meridian sixtieth west meridian. I! 'We find land. it woill ' halve this jump. .U of 155 west to the North Pole. .The distance from P01nt .Barrow to we do not, we shall be able to make the North Pole, 'Or the ·region the pole is 1.,200 nautical miles, and it is•the plan · thnt the first stop close to it, in a nonstop filght. shall be made halfway between these two points. PLANS FOR POLAR OBSERVATION. SECOND STOP AT THE POL». ,,.Unless there is the fabled open sea surrounding the immediate The second stop is ·planned to be made at the North Pole, or as -near region -0f the North. Pole, we shall land ..as close as possible by observa­ to tha:t point as there ls a landing, for full observations, to ·determine tion mid then take enough -0bservatlons to determine the exact polar position. Then, after overhaul and restowage, the route will run to. point. A complete set of observations-...:.negative solar, as the snn will 'Spitzbergen ·where the third landing is planned to be made west of be below the horizon; positive, stellar, and lunar-will determine Andree Point, from which the ill-fated .A:ndree some years ago started position, and then "We shall check np •:by a quartering ..:filght around a on bis projected balloon voyage to the North Pole. 25-mile radius :of the 'Pole. · Frnm Spitzbergen the fo.urth .. i;irojected leg calls for in illght across •• Fortr.-{!lght hotrrs ought to enable 11s to .do this, and then the i&ght • Spitzbergen with a possible landing at Bear Island if conditions war­ ·:south -will begin. We expect to use stellar observations tor course. rant, and thence to North Cape, Norway. We will have the advantage ·o-ver • the .sur.face explorer· on ia.nd or 6ea ·in that we ean 1'fiy above the"cfouds and ·get a clear sky . for obsening l\fr Naulty said that only one plane would be \lsed for the flight. our position-that .is, unless the clouds are of unexpected a.nd i:not .At fust rit 'was ihls ·plan to bead a squadron of three ships, but diftlclll­ •probable thickness. Fog, of course, is ·our great enemy, but .at the ties of carrying on if ·one or more of the planes came to grief and the time of year we hope to be there fog is not likely. con equent necessity of carrying crews and adding their . ~ght to the carr.ied weight of the crew, stores, gas, .and oil of the su.rvtving -'Plane ' From land leave at the 'pole to hmd •sight at Spitzbergen is . a determined the decision to make it .a one-plane -ftight. jump o! 600 miles. Allowing for delaying wlnds, we ought to ma.ko The complete route of the polar filgbt will .be, acc

we have reason to expect, the plane will be well tuned up and the The prime objects of the flight will be to demonstrate the practicality motors will have • found themselves' by that time. Further but not of the northwest passage by air to and across the North Pole· to photo­ prolonged tests will be made at Point Barrow. We shall have ample graph the North Pole region, with the various phases of its a'nimal life gas there by our plan, and we shall not need to save until the final start. and to obtain various other scientific data that could become available " Even if we only make Spitzbergen, we shall have come through in no other way. and, Deo volente, will have settled the question of land to the ·' west' FlRST JUMP, 600 MILES. of. the pole. Our instrumental observations will be continuous during "We expect to make 600 miles on the first hop and land at the flight and stops and, though the time seems short, we shall get enough eighteenth parallPJ," said Naulty last night. " If. a landing is imprac­ to warrant consideration and at least to blaze the way. Photographs ticable, '\\'._e will continue north until it is. From the first stop the flight with telephoto lenses will enable us to get an initial record of distant will be direct to the pole. objects, and we shall see the country flown over far beyond the "Time enough for full observations will be spent at the pole and capacity of. land or sea observation. We shall rely on still photographs . then the flight will continue on to Spitzbergen, a landing being planned rather than on motion pictures, as weight is an important factor in to the '!est of Andree Point, up on Northeast Island. From tllere the this flight, and impedimenta will be reduced to the least possible flight will go on to North Cape, Norway." amount to allow for strength of structure of ship and fuel and oil The flight over the Arctic Circle is but a small part of the long jour­ supply. Later on, if we get through, there will be plenty of time for ney planned. In succession it ii:; planned to touch at Stockholm Chris- confirmation observations and flights. tiama, Copenhagen, Paris, and London. ' "If the first flight is successful, it will be followed by others. The most important of these is to the location of the magnetic pole on FOUR 1\IJ!!N IN PARTY. Boothia Felix Peninsula to determine magnetic polar verticity. Amund­ Only one machine will be used and the expedition will consist of four sen years ago marle a series of magnetic observations, but his train men. Names of the others will be -announced later, Naulty said of compasses were not coordinated and .the results obtai.ned w ~ re not "Fuel is our great problem," continued Naultf. "We must take it what he expected. The magnetic pole flight will be followed by an with us, and there are no gas tanks between Pomt Barrow and Spitz­ attempt to explore by air the Asian Arctic coast and littoral. bergen. We shall have the best of wireless equipment and hope to be " The presence of. oil, coal, copper, and other minerals and other in constant touch with civilization by relay through high north stations surface indications seem to show that in prehistoric ages the present all the time we are north. We hope to arrive at the North Pole by the Arctic was equa}orial or subtropical in temperature and condition; that in a way it bore the same relation to that past time as the ~o~~~~~~a~i~n~ea~~;-::cLo~ircraft-and tell it by the most modern Mediterranean does to historical times. Every nation on earth has " If. we fail to get through, a relief expedition will come after us up the legend of the • men from the north ' as the founders of. their the east .coast, starting. from New York, via Labrador, Disco Island. civilizations. It is possible-mind, I say possible-that there may be Cape Sabme, Cape Washmgton, and thence to the North Pole But we the remains of. such prehistoric civilizations buried under the ice, and are not thinking so much of relief as we are of ' getting through.' perhaps occasionally exposed now, through melting (as mammoth remains have been found long preserved in ancient ice and finally THROUGH A CLOSING DOOR. brought to view). If an ancient civilization existed along the shores "We will be slipping through a closing floor, but I think we can of the present Arctic, it is probable that large communities arose at make it. We'll carry gasoline supply for 50 flying hours. At 100 miles tactical points, as in historic and modern times. an hour, we can make it in actual flying time of 24 hours from Alaska " On the Asian coast of the Arctic Telaun Bay the estuaries of the to Norway. At 50 miles an hour, we'll just slif through. Rivers Kolima, Indi~ika, and Yana, and particularly the delta of the " If the first polar flight is successful, it wil be followed by others Lena, surprisingly like the Nile Delta, Katangha Bay, Cape Chelyu­ The most important of those we have planned is the location of the skin, Yenisei River, Breknovski Islands, at its mouth. Yenisei Gulf, magnetic pole and the full determination of the point o! north magnetic Gulf of Ob, Kara Bay and Strait, Pechora Bay, Islands, and Pechora polar verticity." River, if free of ice, would present ideal conditions for settlement. It is also hoped by subsequent flights, Naulty added, to solve the ques­ Similarly, the archipelago lying between Greenland, Hudson Bay, and tion whether the Arctic i~ the seat of a prehistoric civilization. Beaufort Sea, on the North American side of the Arctic, would offer " If we should find ev1dences of ancient cities," he C'ontinued " it many sites for cities comparable to the ancient cities of the Mediter­ would result in a later flight along the Asian coast. ' ranean. "We do not know that we shall succeed-no man can know that-but "For the exploration of these places the air offers a way that is far we shall do our best to get through." better than land or sea surface work. With fuel and oil bases first • relayed in, a few years' work would accomplish more than genprations of plodding and sailings have done. Aircraft have their limitations as [Editorial from the Pittsburgh Post, August 4, 1921.] well as surface craft or methods, but the limitations are not as severe. TO THE NORTH POLJl BY AIRPLANE. An ice pack impassible to a ship or that would take weary days for As a sporting venture none of the various feats of aviation proposed an explorer to mush across may be flown over in an hour. Altitude from time to time surpasses in interest that which Edwin .lfairfax enables you at · once to distinguish between ice, open water, and land, Naulty, New York scientist, announces he will attempt next month and gives topographical results incomparable. With three companions, all former.y military avi1tors, Naulty will try "Cold? No more than we meet in summer flights to high altitudes. to reach the North Pole by airplane. He plans to fly from Seattle to A recent flight for altitude over Paris reached a temperature of 60• Ketchikan, Alaska ; from Ketchikan to Anchorage, Anchorage to Nome below zero while on thf' street level in Paris the thermometer stood Nome to Point Barrow, and thence aeross the Pole to North Cape Nor: over 90 above. .At 12 000 feet above Washington the mercury re~is­ way ; North Cape to Christiania, Christiania to Stockholm, and Stock­ tered below freezing while the street heat i::tood at 90°, and the flyer bol m to London-a total distance of more than 6.000 miles. It is an passed from one extreme to the other in half an hour." nmbitfom; undertaking in all of its featlJres, but tbat part of the jour­ ney which lies in the polar regions transcends all the rest, of co'urse [From the Washington Post, Tuesday, August 2, 1921.] in importance. ' FLTOHT Ow.n NORTH POLE TO MAP CURRENTS OF AIR-A VIATOR NAULTY The venture involves great ri3k. but otfers good chance of success. OUTLINES PLANS FOR TRIP FR.OM ALASKA TO SPITZBERGEN AND There is a queRtlon if landing places will be found in the land of 1-' u INT l~ NORWAY NEXT MO.:-<'l'H-TAKI"NG ADVANTAGE OF WARlll eternal ice. It is 1,200 miles from Point Barrow to the pole, and 600 WmATHEllt-OTHERS TO BE MADE. miles from the pole to Spitzbergen. Three stops are planned on that [By the Associated Press.] 1,800-mile leg of the journey. If it is impossible to find suitable places for descending, can the airplane cover the whole 1,800 miles without a Plans for a transpolar flight in September from Point Barrow, stop? Capt. John Alcock and Lieut. Arthur W. Brown flew from St Alaska, to Spitzbergen and the North Cape, Norway, were announced Johns, Newfoundland to Clifden..i. Ireland, a distance of 1.960.it:!iles· here yesterday by Edwin Fairfax Naulty, of New York. Scientific without a stop in 16 1nours and 1:<: minutes on June 14-15, 1919. Lieu: observation of ocean{ air, and ice currents will be the chief purpose of tenants Bossoutrol and Bernard remained in the air in an airplane con­ the trip, he said, w th the hope of establi bing the feasibility of the tinuously for 24 hours and 19 minutes at Etampes, France, on June 4 new route for commerce as a secondary consideration. 1920. These records will give an idea of what a machine carrying tw~ As announced, the start will be made from Seattle with a convoy ot persons is capable of doing. Naulty's plane will carry four. It will several planes. which will proceed by easy stages up the Alaskan coast have a speed of 100 miles an hour, but there is a question as to whether to Point Barrow, stopping at Ketchikan, Anchorage, and Nome. it will be able to carry all the gasoline that will be needed. ADVANCED BY W..utl\I WEATHER. Notwithstanding the fuel difficulty, the expedition seems to give The Arctic flight will be made by one planet _which has already been greater promise of success than the plan of other explorers to make a constructed carrying four men, including Mr. Naulty. The other auick dash across the ice with sleds drawn by dogs. three are former service men, and it was said their names would be The enterprise brings to mind the ill-fated expedition of Salomon announced soon. August Anoree, the ~wf'dish explorer, who perished in an nttempt to Originally, it was explained, it was the intention to make the flight reach the pole from Spitzbergen in a balloon in July, 1897. · Naulty next year, but reports of warm weather near the Arctic Circle had led will have a great advantage over Andree in that he not only will be to the advancing of the date. able to steer his craft accurately but will be able, through wireless to "We plan to make the flight as early as possible," Mr. Naulty said, keep in touch with the world and guide rescue parties if he should' re­ "and, strange as it may seem, to do it in late September. There are quire aid. good rPasons for the choice of this time. Our flight speed will be The expE:dition, if sucC'essful, should add c'onsiderablP to our knowl­ about 100 miles an hour, to which might be added the speed of a edge of the polar regions, since it will be possible to make ob ervations following air current." photographs, and maps from an airplane that will be superior in value to those made OD the i:round. FUEL IS CHIEF PROBLEM. Fuel was conceded to be the chief problem of. the proposed expedi­ WINDS MAY DELAY POLAR AREA FLIGH~WEl.. THlllt CONDITIONS LEAD tion. A supply ample for 50 how·s of continuous flight will be car­ FAIRFAX NAULTY TO CHA.NOi: PROBABLE DATE TO OCTonmn-REPORTS ried, it was said, and those plannin~ the attempt expressed the belief OUTLOOK BRIGH~ExPLORER CONFIDENT HE CAN REACH THiil POLE IN that this would furnish an excess wnich would permit short by-flights at the first landing place on the polar ice and at the pole itself. 1f 0Nll FLIGHT FROM POINT BARROW. DO landing places are found, it is the intention to make the 1,150-mile [Special to the New York Times.] · bop without a stop. WASHINGTON, September 11.-Fairfax Naulty, who recently announced If the first flight is successful, others will be undertaken at once, his intention to make an airplane flight to the North Pole and across it was said, with a view to settling definitely the location of the mag­ the polar area to Norway, declared to-night that the sudden change in netic pole and the determination of "magnetic polar verticity." continental weather, e>..1:ending from Trinidad to northern Canada and from the California coast east to the Mississippi, has not changed bis plans for the North Pole trans-Arctic fiight this autumn further than [From the Washington Herald, Tuesday, August 2.] to advance the last probable day for the bop off from Point Barrow, AIRMEN PLANNING FLIGHT OVER POLJl Nl!lXT SEPTEMBER-NAULTY EX­ Alaska, from the end of September to the end of October. PECTS TO START FROM POIXT BARROW, ALASKA.. "In Pittsburgh last Friday," said Mr. Naulty to-night on his return Flight over the North Pole by airplane is planned by Edwin Fairfax to Washington from that city, where be had been pel'fecting plans for Naulty and bis son, J,eslie Fairfax Naulty, of New York. the expedition, " I got, through Delegate DAN SUTHERLAND, of Alaska, The elder Naulty who in 1916 completed the first all-metal airplane, a relayed radio from tbe captain of the U. S. revenue cutte1· Beat' is now in Washington completing plans for the proposed flight, which giving the weather conditions east of Point Barrow in the Arctic Ocean • e intends to start from Point Barrow, Alaska, in September. and in Beaufort Sea. The Bear has just made Nome from a cruise 1922. CONGRESSIONAL RECORD-SENATE. 9993. as far as Demarcation Point, at the edge of Beaufort Sea, the farthest " There have been delays, but these have been due to my resolute de­ north and east that even that intrepid vessel ever made, and this report cision to make and correct all mistakes in civilization and not in the shows that all the heavy ice in the Arctic is offshore, that there ls wastes of the Arctic, where four men's lives depend on the thorough­ not much of it, that the weather has been ~usually wa!m, and, be~t ness of my preparations and their practicality. I have been in con­ of all, that there was neither rain nor fog m August m the Arctic stant consultation with men here who know the Arctic to the limits of its explored surface, have bad the best of advice and cooperation on Oc,~al~· the expected condition of weather comes in October, we shall be every necessary gear of structure, operation, aud aviation, have had able to make the flight from Point Bar;ow across thP ~forth Pole to constant reports of temperature, wind force, rain, snow, and fog, North Cape, Norway, and have ample time for obsen:ations to insure ice and water conditions, air currents, magnetic and auroral state, and that we have reached the pole in a week from the tune we take the on every physical factor that could be checked up from past or cur­ rent experience. ai~, j0~a~\~!~h~onducting experiments with catalytic radio tra,nsmission "We hoped earlier in the year to attempt the polar flight in late in Pittsburgh. and feel that we ,can no'l_V be sure of a sendmg r~nge September but could not get away, and I alone am to be charged of 2.700 miles by radio under fair condit10ns. We have cut 9ur weight with the responsibility of the postponement, or any other postpone­ of the set so it weighs less than a member of the crew. With a dual ments that may be required. I do not intend to expose the men who set we shall be in hourly radio communication with the world. If will risk their lives with me to any disaRter through insufficient or we get into trouble, relief can and will be dispatched a~ once, an~ the hasty preparation or incomplete or insufficiently tested accessories. rescue party will know just where we are, as ~e sha.11 give our position Although the prime object of the firnt transpolar flight is to make the every hour. We can easily reach Nome ra~1~ sta.tion, an~ may even northerly passage by air, across the North Pole from Alaska to Norway, be able to make the high power at A~mapohs m mgb.t sendmg. and everything else will be subordinate to that object, still, if condi· "At the North Pole we shall radio our obsen-ations and ask for tions permit, we expect to make and have the instruments to observe any corrections from the Naval Observatory or H~rvard University, and meteorological, geological, georletical, magnetic; and astronomical phe­ if we are in error that error can be corrected while we are at the pole. nomena, as well as to record permanently, by photography, the land Our method will relieve our reports of any doub.t as to accuraq. water, ice and conditions of the region flown over. ' " If all uoes well we hope to start the polar fhght from Washrngton, "Amundsen started on bis surface exploration of the Arctic with the using a la~(l chnssis as far as Seattle. There we shall change the un­ Maud two years ago but because he bas been delayed in getting into derbody to the special underbody I have devised for the Arctic, by means the Arctic by unpreventable obstacles and accident to his surface ship of which we can make a landing on i·~e or water. From Seattle we as well as crew trouble is no reason that anyone else would thereby shall fly up the Alaskan coast to Anchorage, and from there cut across have a right to duplicate his expedition because of Amundsen's delay in to Nome and on to Point Barrow. starting. Even if I am compelled to postpone until next spring or "From Barrow the actual polar flight will start: We ~ball fly d?e summer, as Providence has waited 6,000 years for man to think of north and if we can make the North Pole in a smgle fhght we will and plan to execute the polar flight. surely others may possess their do so' From the pole we will fly to Spitzbergen, from there to North souls in patience for six months or so. · Cape 'and on to the bead of the Gulf of Bothnia, where we again cross " I hope there will be no controversy over the polar flight. I seek none, the Arctic Circle, which we cut just north of Nome. We shall fly but in justice to those who are interested in our success and to the men down the Botbnian Gulf to tbe Baltic and to S~ockholm, thence to who are willing to risk their lives and all with me, and who have worked Christiania, CopenhaJ,?en, Amsterdam, Brussels, Paris, and London. We as bard as I and my son to make this American expedition a success, I expect to re:ich London on November 15. must protest against an attempt from any quarter to anticipate our " North to Point Barrow and l"outh from North Cape we shRll not plans and to use the very confidence WP have reposed in all by making have much difficulty about fuel. We shall car~y 50 flight-hours fuel for our pla11s public to ' beat ' us to our objective. the polar flight, and exp~t to go thro~gh o~ 1t-. The res~ of the way, " Competition of such sort is not good sportsmanship ; it is not good on tlw proposed return flight to New i:ork. Vla Scotland, 1' aroe Islands, science, nor is it even decent, common. eourtesy. I am certain that Iceland, Greenland, Labrador .. and Canada. even at Icelan,? and Cape Amundsen is misrepresented by his business manager, Hammer, and I Farewell, it will be easy to ship in a supply ahead of time. sincerely hope he is. A prompt disclaimer from Amundsen will settle the whole matter. I do not claim a continuous monopoly on polar flight, but I do feel that I am entitled to be permitted to carry my plans LFrom the Washington Herald, October 13, 1921.] to execution without the necessity of defending them by competitive DISTRICT AVIATOR SAYS A.MUNOSE~ STOLE .HIS IDEA-CLAIMS HE haste to rush through what ought to receive the most careful workout. ORIGINATED PLAN OF FLIGHT TO NORTH POLE. But if it does come to a question of speed in making the flight across the North Pole perhaps we shall show as much as another." " If the report from Seattle, issued October 12, 1921, credited to H H Hammer representative of Roald Amundsen, that Amundsen bas changed bis plans and intends to attempt a flight by !lirplai;ie to the [Printed In Seattle Times, Sunday, October 23, 1921.] North Pole is true. it seems to be a very unsp?rtsmanhkc thmg ~o do Fairfax Naulty, commander of the first trans-Arctic, transpolar flight in view of the anuouncement that I have orgamzed and am prepa~ing_a replying to assertions made in tele00rams sent him by Roald Around~ trans-Polar flight,'' Fairfax Naulty, commander of the first Arctic air sen antl Hakon Hammer, which the Seattle Times published on October expedition. declared last night. 18 but which were not received by Fairfax Naulty until October 20 VIOLATION Olf' ETHICS. said last night in WaRhington : ' "Ample publicity bas been given to ~y plan~ and the fact that our "I have been too busy with work on my North Pole flight equip­ party of four is to attempt tl.Je polar thght this autumn. Under such ment to give time to Amundsen, but in view of his attitude and that circumstances tin attempt to anticipate our carefully planned work of bis employee, Hammer, for whom Amundsen assumes responsibility, with a suatch fi 'gbt hastily conceived is not in line with the very and of the attitude of other foreign visitors and foreign critics of strict code of ethics that bas hitherto governed all explorers, and par­ America and American ideas and plans~ I can not let the matter go ticularly all pioneer work in the air. without calling the public's attention to some facts of Arctic and "An idea is property just as definitely as a piece of real estate. It Antarctic exploration. belongs by right to him wt.o brought it into existence." "First, however, let us suppose that Fairfax Naulty had planned a drifting trip in a surface ship from Norway along the Asian coast to the westward and that he had got into trouble with his crew, smashed [From the Seattle Times, October 13, 1921.] his ship, and limped into Hammerfest for help, which was given him, " WASHINGTON, D. C.. October 12, 1921.-lf the report from Seattle, and then got bis ship down to Trondhjem. Norway, for repairs, which printed to-day and credited to H. H. Hammer, business representative were made for him. Finding that the people of Norway were courteous, of Roald Amundsen, that Amundsen has changed his original plans helpful, and polite, but not wildly excited over the proposed drift, for an Arctic drift in the Maud and intends to attempt a flight to the and casting about for a way to catch the public eye, Fairfax Naulty, North Pole in two airplanes is true and Amundsen and not Hammer learning that Amundsen had carefully planned an air expedition for is responsible for the entire change of the original plan~ of ~e Nor­ scientific and technical purposes from North Cape to Point Barrow, wegian explorer, it seems to me a very unsportsmanhke thing for that he was then at Christiania, the capital of Norway, working hard Amundsen to do in view of the fact that I have organized and am to get away, decided that be would also make a flight across the North hard at work on a trans-Polar, trans-Arctic flight, said Fairfax Naulty, Pole, that be would import two American aviator8 to fly, and that he commander of the first Arctic air expedition here to-night. then instructed an employee, not overly familiar with either Norway " Sutticient publicity has been given in advance to my plans and the or aviation, to announce lrts plans? What would the people of Norway fact that our party of four is to try for the North Pole from Point think of the American gall of Fairfax Naulty in trying to slip in ahead Barrow to North Cape, thence south to London and back, next year, of Amundsen? Especially if Fairfax Naulty, an alien, were using Nor­ to Washington via Scotland, Orkneys, Fe.roes, Iceland, Greenland, Lab­ way as a base of operations. rador1 and Canada to our starting place, the first air expedition start­ " Now let us suppose that a hired man of Fairfax Naulty's crew ing tnis autumn from Washington and flying a.cross the continent to sent a telegram to Amundsen telling him that a statement of Amund­ Seattle and thence to Point Barrow, to make my plans well known to sen's 'showed your lack of study of the situation, as my boss's expe­ everybody. Under such circumstances an attempt to anticipate our dition and yours can not be compared, as bis is for the purpose of carefully planned work with a scratch tlight, hastily conceived, is not scientific work while yours apparently is an aeronautic experiment.' in line with the very strict code of ethics that has hitherto governed What would AmundRen be justified in thinking? What would the Nor­ explorers and particularly applied to all pioneer work in the air. wegian people think? 'American brass, cheek, nerve. and impertinence.' "An idea is property, just ns definitely ~roperty as a piece of real "I have simply reversed our positions in this supposition. estate, a bank account, or an explorer's ship. It belongs by right of "Seriously, I am-and I think most otber Americans are-getting a invention a.nd original conception to him who brought it into being and trifle weary of European patronizing. Amundsen claims his expeditimi hitherto it bas been the rigid custom for all scientific and technical is scientific, wh1le mine is an experiment. I challenge Amundsen fo men of standing to respect, with the most scrupulous care, the right of produce one solitary, previously unknown scientific or technical result others in their various lines of special endeavor. If science is to be from any of bis previous expeditions. brought to the level of competitive small trading and the tricks of "The Northwest Passage by Amundsen in the Gjoa in 1903-190tn copyists and imitators are to be introduced into a field that has been Parry, an Englishman, made it to 125 west longitude in 1819-20. goi:t,t' kept clear of such tactics professional courtesy has fallen into a low west. McClure, a Scotchman, made it in 1851-1853, crossing Parr1·s ethical state. westing at Banks Lnnd, going east. The Magnetic Pole? James C. " I can no1 heliE>ve that AmundsPn himself is responsible for the Ross found it in 1831; Sir died in sight of it in 1847. alleged announcement, and I look for a prompt disclaimer from him "An outlet from Baffin Bay to the Arctic? , tlln personally. The American public know, from published reports this American, found It in 18fi3. and , another Ameri­ summer of our preparations that the Fairfax Naulty trans-Arctic, can, made it complete in 1870. The very names of the re0 fon Lincoln trans-Polar flight is an all-American expedition, and there has been no Sea. Grant Land. Garfield Coast, United States Range1 Greeh Fiord, secrecy over my plans, which were published in full with the routes, Washington Land, Cape Columbia, Cape Washington, Lrncoln Sea, and objects, technique, and flight schedules all set forth. As scientific, McKinley Sea, all indicate who were the original discoverers of the technical, and operative sections here in Washington know, I have region. given the most minute fersonal attention to every feature of the flight "A drift across the Polar Basin? Nansen made it in the Fram from from the preparation o condensed charts to photographic, navigating, the delta of the Lena to Spitzbergen in 1893-1896, when he reached radio, and magnetic gear, even to the extent of devising a new port­ 86° 14' north of the ninety-fifth east meridian. In 1881 De Long, able radio for airplanes to be used in wirelessing out our ob- in the Jeannette, made a 'westing' on the Asfan side of the basin servations at the North Pole. . to the one hundred and fifty-third east meridian, and after the .9994 00.r:rGRESSIONAL ~EOQRD-SENATE. JULY 6,

Jeannette s.ank the expedition made the delta of tbe ~na. In the " Con!!ress often is blamed· by the public, ridiculed by edi­ Swedish ship Vega Nordenskjold..; in 1878-79, made the Northwesdt tors and orators, and flayed in magazine articles for f.aults, Pas al!'e from Trom o to Bering l::ltralt along the coast of Eur.ope 3!1 Asia e.bnt even he •bad been anticipated in part by Leontlef in 17 • O. some of which inhere in our political system, end for mis­ ChelYu kin in 1741-42, Laptev ln 1739-:-1~41, and by the other Rus­ takes and failures attributable in part to causes beyond its sian expeditions of ·wrangell, l3illing, Mm~ and Lutke fro~ 1738 to control. 1821. And if Spitzbergen is brought ln, sailed north "This results from the comprehensive discretion vested in of.!~~~ ~ie of the Abruzzi, Ca.,.ni, Zeigler-Baldwin, and Fiala also the legislative department and from the excessive employment, added to the world'-S actual kn-0wledge of the Arctic. and there. have since the war, of propagandist methods for questionable pur­ been scores of other minor explorers in the region. Around en, lil the Qjoa wintered in 1905-6 on Beaufort Sea while making his 'North­ poses. west' Passage,' but th.at region had been mal!ped in 1~90 by J. H. "A disinterested study of its recent proceedings will disclose Turner, of the United Stn.tes Coast and Geodeqc Survey, so AII!undsen that the Congress deserves only a part of the censure which as not in new .territory and 13eechy Franklin, Deaze and SlIDpSon, Pullen Hooper Ioore McClure, McGuire, Collin on, Ray, H-0ward, public opinion directs against it for the prevailing re tie ness Stoney', Stoch-toh, Peters, Schrader, and General Funston had all been and discontent, although it is nndoubtedly following a falter­ in the region during the years from 1826 to 1894. . ing leadership whose strategy is to make mere successive ad­ "If Amundsen says soundings made in Beaufort Sea by him have novel value I say that whaling captains have frequented the Beaufort vances and retirements over the .same .ground. since 1854 .' that they know the coast thoroughly from Barrow t'? Bath­ "The Congress, unlike the executive and judicial depart­ ;.rst. .smd have all of them made a higher northing than he did, and ments, primarily is concerned with questions of policy and that they know th~ 7-fathom line better than he does. _Yet. ~one of them would claim or be permitted to claim the name of scientl:st. naturally attracts the denunciation of agencies which reflect "The North P-Ole? Perry made it in 1909. dissatisfaction and discontent. "The i.::outh Pole? The British still recall how .Am~dsen ~us~ed "The wise executive and the upright judge by the nature of in ahead of Scott. merely making a dash and pre entwg little scie_ntific data on bi' emergence, while Scott, '!ith the finest and best ~mpi;,>ed their duties are shielded against re po:nsibility for mistakes in polar expedition ever organ1zP.d, starting ahead of Amundsen, knowrng policy. It is always a complete defense for them to answer nothing of Amundsen's quickly organized venture, took ~reful o~ser- criticism with the declaration: 'Thus the law is written.' ations, obtained aecurate data, collecte.d pecimens._ did .genmnely useful scientific work, unaware thn\ a rival was racwg him to his "While legislative authority ·is necessarily di cretionary, and objective merely for the sake of gettrng there first. therefore responsible for policies, its exercise is circumscribed " I wonder if Amund en recalls that Andr.ee trie!l to fly to the North by both natural and constitutional limitations. iPole and lost his life in the brave attempt m 1.89' ; that. Walter Well­ man pent i;;ome years building a dirigible for the polar flight, ~nd that "Many problems are so deeply rooted in human nature and both dates were long before 1914, when Hammer s.ays he conceived the in the instincts and customs of mankind that their complete idea of flight to •the pol~ in a Farman plane. Anyone who knows any­ solution can not be accomplished by the mere enactment of new thing about aviation must smile at the idea of a ~arman 'bus' of 1914 with a 60-80 horsepower motor, speed of 60 miles an hour, a.nil laws. Indeed experience proves that profound issues rarely filgbt radius of .50 miles nonsrop, with luck, being used to make the are decided by direct and logical process, nor do they present filght to the ·North Pole. . distinct alternatives of choice and action. On the contrary, " It might intere t Amundsen to learn that at the trials 11~ Fort Myer near Washington, D. C., in 1900, a ~ewspaper man talking ~ to they usually appear clouded with confusion, enYeloped in preju­ me o.'bout Wright's airplane sald that an airplane ould provid~ .an dice, and distorted by falsehood. ideal way to ·make the North Pole, and that he l!poke of it to Wright, "The normal difficulties of the Congress, due to its broad who agreed it might come in time. "IIammer is mistaken when ·he as umes I gave no thought to -the discretion, have been angmented since the war by the pres. ure polar flight before 1914. I did not from August 6, 1914. until April, of propaganda. 1919 ·when tile waT ..and its .aftermath occupied all the -time of mys~l! " Every department of the Government is as ailed by class ..,ud son ; but when our work was .done We took UJ? the proj~ct again. Being neutral during that time, Amundsen had t1JDe to think about influences deliberately organized and set in motion to secure ·selfish advantage. During the war the United States resorted m~~bf t~~ff~mundsen may be sure : I do not int~nd to le.t hiI!I beat me to systematic stimulation of public opinion as the best means n.s he beat Scott. Nor do I intend to waste valuable time m contro­ versy befo1·e the fact." for securing support of its war policies and for counteracting German propaganda. The American people then learned the ADDRESS BY SENA.TOR ROBINSON. effectiveness of organized efforts to give form and expre ·ion to Mr. KD\G. Afr. President, a question which has attracted public opinion as a certain means of dominating governmental considerable attention .of late deals with the subject of the agencies. The result is that the Government is being adminis­ Cabinet officers having seats on the iloor of the Senate and tered through the influence of .propaganda. in the House of Represematives, and having the right to par­ "The Senate and the House of Representatives no longer ticipate in debate, particularly if tbe debate should relat~ to divide strictly along party lines. Frequently the alinement is questions a1·ising in their respective departments. The subJect according to blocs or groups organized for the promotion of has attracted a great deal of attention, and some newspapers special interest, as, for instanee, fuumce, labor ancl agriculture. have supported the proposition. The subject has received at­ The finance and labor groups have long been influential factors. ltention in a very able address delivered by the senior Senator The agricultural bloc •is of Tecent origin, and is justified as in­ from Arkansas [l\lr. Ro.BIN. soN] at a meetin.g of the Maryland dispensable to the -protection of a hu:ge and deserving element !l3ar Association July 1, 1922. I ask unammous consent that whose situation renders compact organization difficult and the address of the Senator from Arkansas may be printed in ·who therefore are at the mercy of other interests which profit the RECORD in 8-point type. by oppressing farmers. ~he Congress under -pressure from . The VICE PRESIDE1\7T. Without objection, it is so ordered. conflicting forces has manifested inclecision, neverthele s in The address is as follows : many instances its failure to act is less harmful than •would be lA1>DRESS OF SE:SATOB ROBD

find expression in bitter criticism of the Congress. SH.ALL "CABH.;~ .MEMBERS :PA!tTICIPATlll IN CONGIU!lSSIONAL DEBATJCS! " Legislation erroneously is _regarded by the masses as the remedy for every ill which afHicts the body politic. Conse­ " The fallacy that discontent may be removed .by additional quently the continuance of disturbed conditions occasions bitter legislation finds its counterpart in the -suggestion that our legis­ 'censure of the National Legislature for what is superficially lative system .may be 1impr0Yed .by giving to Cabinet members deemed obstinate indifference to alleged essential refo1·ms. the right to participate in eongressional .debates. 1922. CONGRESSIONAL RECORD-SENATE. 9995

"The division of the legislative, executive, and judicial func­ the power of organized selfishness now threatening to domi­ tions into separate coordinate departments is a wholesome pro­ nate the Government. vision of the Constitution. This valuable principle of govern-. " 5. A.n intelligent and comprehensive study of the various ment would be threatened, if not destroyed, by any change which phases of industrial life with a view to the establishment of would confuse and commingle the legislative and executive func­ just tribunals for the investigation a nd adjustment of dis­ tions. The argument advanced in support of such a change is putes likely to result in strikes and lockouts. that it would promote harmony by providing the Congress full "6. A nation-wide campaign, led by lawyers, to re.fine the information concerning the opinions and motives of the Execu­ administration of justice as the surest means of stabiliz·ing tive. Anyone familiar with the congressional procedure rejects our civilization and of perpetuating high ideals in American this argument as utterly fallacious. The President by address citizenship." can furnish the Congress any information in his possession. INVESTMENT AND PROFIT IN SOFT-COAL I:XDUSTRY (S. DOC. NO. He may advise what action he deems necessary in the public 207, PT. 2). interest. The committees and Houses of Congress now call upon the executive departments for information concerning mat­ The VICE PRESIDENT laid before the Senate a communi­ ters within their respective jurisdictions. It is true that fre­ cation from the Federal Trade Commission, transmitting ex­ quent and sometimes bitter differences have arisen between the planatory and statistical material supporting its preliminary President and the Congress, but these differences usually have report on investment and pro.fit in soft-coal mining, 1916-1921, not been due to lack of mutual understanding. They have uni­ etc., which, with the accompanying papers, was referred to the formly grown out of opposing viewpoints. The admission to Committee on Education and Labor and ordered to be printed. congressional debates of Cabinet members would divert their PETITIONS. attention from the important and intricate details of executive duties and convert them into legislative agents. The President Mr. EDGE presented a letter from Nelson Dunham, of New inevitably would be committed in advance by his ministers to Brunswick, N. J., accompanied by a petition of the Plainfield the approval or rejection of measures which our scheme of Radio Association, praying that radio vacuum tubes be placed government contemplates shall be passed upon by him with an upon the free list in the pending tariff bill, which were re­ independent mind. The Congress would be subjected to E:x::ecu­ ferred to the Committee on Finance and ordered to be printed tive influences, and the result would be either subordination of in the RECORD, as follows : the legislative mind to the Executive will or h,opeless and irre­ N»w BRUNSWICK, :N". J., July 3, 192'2. Hon. w ALTER ll.l. EDGE, concilable conflict between the two. Ut1ited . States Senate, Washington, D. a. "Whatever may have caused present conditions and who­ MY DEAR SENATOR: I have been requested b y New Jersey radio ever may be to blame for them, participation of Cabinet mem­ amateurs to present their views and to petition Congress. bers in the business of Congress will not constitute an effective Amateurs everywhere are deeply interested in this matter and strongly feel that corporations are seeking a strangle bold which affects remedy. . that which is fast becoming a public-utility service. LESS GOVERNMENT RATHER THAN MORE LEGISLATION THE REMEDY. The purpose of this oommunfcation is to request that the inclosed petition be presented to the Senate. "The cause of the prevailing i·eitlessness and discontent Respectfully, NELSON DUNHAM. is too much government rather· than necessity for additional TARIFF PROTECTION TO A MONOPOLY IN RADIO .APPARATUS. legislation. Th£ hon1Jrable the Senate of the United States in Oongress assembled. " Every lawyer is conscious of the process of centralization. SIRS : Your petitioners, believing that there exists a monopoly in The sphere of Federal activity is constantly expanding and the manufacture, sale, use, and importation of radio apparatus, submit Federal agencies are being rapidly multiplied. The States and that such monopoly should not be encouraged by tariff protection and their subdivisions have been repressed, until the last strong­ ~~!tf~!~illsi~paratus, particularly vacuum tubes, should be placed upon hold of local authority, the police power, is threatened by Fed­ Reference is made to (1) the testimony before the radio conference eral encroachment. committee, appointed ~arly this year by the Secretary of Commerce; " The disease which afflicts the body politic is so complicated (2) one of that committee's basic recommendations to the effect that radio apparatus should be freed of existing restrictions; and (3) the that the patient can not describe the symptoms and the doctors fact that importation of radio vacuum tubes---even for Government can not correctly diagnose the illness. Nothing is worse needed purposes-is virtually prohibited by the combine <>r its affiliate<'I in­ than a cure for the prevailing neurotic fanaticism which mani­ terests. Thus America is restricted to tubes of comparatively inferior quality and to a most limited selection as to power and type. For fests itself in clamorous calls for legislation which in the long instance, four-element tubes are not obtainable in this country, though run must prove harmful rather than beneficial. freely made and used abroad. "Approximately 16,000 written statutes, including municipal We do not presume to express an opinion as to whether a legitimate patent monopoly can legitimately be combined with all other patents ordinances, are applicable to the government of the conduct of and ~atent rights of like nature. It is manifest, however, that such citizens in the various municipalities. The public mind would combrnati.on can be used to defeat the antitrust laws, are contrary be calmecl and comfort and happiness would be promoted if one­ to public policy, and should not be fostered by t ariff protection. We believe that the Army and Navy Departments have a large sur­ balf of these, judiciously selected, were at once repealed. plus quantity of radio vacuum tubes, the disposal of which bas been "The fanatical tendency toward excessive law making is tied up by those interested in the monopoly. Inquiries made abroad demonstrated by the introduction during the last session of meet with replies to the effect that importation of such tubes into this country is prohibited-not by reason of the tariff but by the control Congress of 16,170 bills in the House of Representatives and here of foreign patents and patent rights. 5,052 in the Senate, making a total of 21,222, not including Your petitioners pray that radio vacuum tubes be placed upon the free resolutions and joint resolutions to the number of about 2,000. list, at least for research and amateur experimental purposes. Respectfully submitted. . "A sane program for the restoration of whole-hearted con­ PLAINFIELD RADIO ASSOCIATION fidence in the Government might well include the following (In behalf of its other New Jersey radio clubs and associations), policies: J. P. w. TAYLOR, President. "1. More deliberation in the enactment of laws and the re­ Mr. LA.DD. I present a resolution passed by the Irrigation peal of unnecessary, vexatious, and admittedly unpopular Congress of North Dakota on irrigation and flood-control con­ statutes. ditions in the West, and ask that it be referred to the Com­ "2. The simplification of all laws continued in force. Fed­ mittee on Irrigation and Reclamation and printed in the eral revenue acts, especially income-tax provisions, are notable RECORD. instances of complex statutes which no one subject to them There being no objection, the resolution was referred to the fully understands. Committee on Irrigation and Reclamation and ordered to be " 3. Rigid and impartial enforcement as the surest means printed in the RECORD, as follows : of compelling the repeal of obnoxious statutes and of creat­ Whereas the womanhood of America are rapidly coming to a com­ prehensive grasp of the duties of American citizenship and the r espon­ ing a spirit of obedience to law. sibilities that such citizenship implies ; and " The notoriously frequent, and in some localities open Whei·eas the comfort and prosperity of the borne on farm and in violations, of the national prohibition act are creating a spirit village is a material factor in economic, social, and political content­ ment; and of contempt for law and are tending to convert the American Whereas the conservation of the flood waters of the Missouri­ people into a nation of lawbreakers. The inauguration of na­ Yellowstone watershed will etfect irrigation of certain arid and semi­ tional prohibition was premature in the sense that public arid tracts and will likewise enable the development of hydroelectric power, which may be utilized to increase agricultural productivity and sentiment in many communities did not approve it, and wher­ at the same time provide comforts and conveniences aforementioned; ever that was true it bas been difficult, almost impossible, to and enforce the law. Nevertheless, while the National Constitu­ Whereas the 1:eclamation fund available to North Dakota, South Dakota, and Montana may be wholly inadequate to so comprehensive a tion and statutes provide prohibition, there is no honorable project : Therefore be it course to advocate or pursue save rigid and impartial en­ Resolved, That the womanhood of these several States urge and de­ forcement. mand U\)On ow· Representatives in Congress that immediate steps be taken with a view to the reclamation of this vast area in the interPst " 4. The creation of higher standards of public duty for of the development and prosperity of the farms, villages, and cities the citizen and the officer as the certain means of destroying in the entire watershed of the Missouri-Yellowstone; and 9996 CONGRESSIONAL RECORD-SENATE. JULY 6,

Re.solved, That it the funds avnDable to the several States are inade­ quate to such a comprehensive project, we urge and demand that our BfLLS INTRODUCED, delegations in Washington call upon Congress for the appropriation Bills were introduced, read the first time, and, by unanimous of such additional funds as may be necessary to the completion of such a project. consent, the second time, and referred as follows : Resolved, That it is understood and agreed that all lands in the By Mr. RAWSON: Mouse River and Des Lacs watershed are considered a portion of the A bill ( S. 3789) granting a pension to Carrie 1\Iott (with an demand. Adopted by the Fourth North Dakota Irrigation Co-ngress in con­ accompanying paper); to the Committee on Pensions. vention assembled June 8, 1922. By Mr. WALSH of Montana: E. A. WILLIAMS, President. .A. bill (S. 3790) authorizing the Secretary of the Interior to GBlORGE N. KENISTON, 8ecreta1"1/. enter into an agreement with Toole County irrigation district l\Ir. BROUSSARD. I have here a concurrent resolution of Shelby, Mont., and the Cut Bank irrigation district, of Cut adopted by the legislature of my State with reference to the Bank, Mont., fur the disposal of the surplus waters of Mille flood waters of the Mississippi River, which I ask to have re­ River, Two Medicine,. Cut Ban:r, and Badger Creeks, not needed f erred to the Committee on Commerce and inserted in the by the Indians of the Blackfeet Indian Reservation for domestic RECORD in 8-point type. or irrigation purposes; to the Committee on Indian Affairs. There being no objection, the resolution was referred to the Committee on Commerce and ordered to be printed in the SPEECH BY SENATOR STANLEY. RECORD in 8-point type, as follows : Mr. BROUSSARD. Mr. President, on July 4 the senior Sen­ Senate concurrent resolution (By Mr. Williamson, chairman). ator from Kentucky [Mr. STANLEY] addressed Tammany Halt Whereas the control of the ftood waters of the Mississippi The speech is a most brilliant, interesting, and illuminating River and its tributaries is a question of vital and national' one, and I ask unanimous consent to have it inserted in the importance, affecting as it does the lives and property of the RECORD in 8-point type. people residing in this great fertile valley extending from the There being no objection, the speech was ordered to be printed States of the Central West to the Gulf of Mexico; and in the RECORD in 8-point type, as follows : Whereas the United States Government alone has the power, ADDRESS OF SENATOR A. 0, STANLEY, TAMMANY HALL, NEW YORK CITY,, authority, and responsibility to solve this great national prob­ JULY 4, 1922. lem : Therefore be it Senator STANLEY spoke as follows: Resolved by the senate of the State of Louisiana (the house " Fellow Democrats, in the mental and physical vigor of her of representative concurr·ing)- children, in industrial enterprise, in financial strength, in First. That there should be immediate recognition by the martial achievement, a nation unconquered and invincible, com­ Federal Government of national responsibility for interstate mands upon the one hundred and forty-sixth anniversary of her drainage, and particularly the protection of the lower Missis­ birth the envy and the admiration of the world, the acknowl­ sippi Valley from floods originating above. edged premier of the planet, holding in her youthful and puissant Second. That there should be a prompt and systematic Cf>m­ hands the destinies of a distracted globe. pletion of the levees up to the standard adopted by the Missis­ " In reviewing the proud annals of the past, rich in historic sippi River Commission. incident, one supernal f~t stands, a thing apart, rising tower­ Third. That an immediate comprehensive study of the flood like above the material mastery of a continent, above the dis­ problem should. be made. coveries of inventive genius, the immortal labors of philosophers Fourth. That there should be such supplemental protection and sages, above valor's inspiring victories on land and sea­ for the lower Mississippi Valley in addition to the standard for that one and mighty thing is at once the inspiration and the levees as may be found practical ; be it further reward of all that we have ever hoped or thought or done-the Resolved, That a copy of this resolution be sent to the Presi­ declaration of our independence of the domination or control dent of the United States, the Secretary of War, the Congress· ot any power on earth. It is more than a national liberation, of the United Stat~s, and the governors of the various States, it is the eternal guaranty of personal freedom, it is the in­ inviting their cooperation in solving this great national problem. estimable heritage of every citizen, rich . or poor, high or low, I hereby certify that the !.bove and foregoing is a true and under the protecting aegis of the Stars and Stripes. correct copy of sena'te concurrent resolution No. 8, adopted "After 4,000 years of vain endeavor and blighted hopes, weary by the senate June 13, 1922, and concurred in by the house of wanderers in the wilderness of oppression found in the New representatives of the Louisiana Legislature on June 14, 1922. World freedom's promised' land, where all men may stand erect 0. H. SIMPSON, and unawed by human power, free to live their own lives, speak Secretary of the Senate. their own thoughts, shape their own destinies, bending the knee only to God, to whom alone they owe their independence and by REPORTS OF COMMITTEES. whose grace they will forever maintain and defend it. For, Mr. EDGE, from the Committee on Interoceanic Canals, to said the immortal Declaration- which was referred the bill (H. R. 11872) to amend sections " We hold these truths to be self-evident, that all men a.re created 7, 8, and 9 of the Panru:na Canal act; to amend sections 288, equal, that they are endowed by their Creator with certain unalienable rights, that among them are life, liberty, and the pursuit of happine s; 28!>, 342, 343, 368, and 461 of the Penal Code of the Canal Zone; that to secure the e rights governments are instituted among men and section 2 of the Executive order of July 9, 1914, estab­ deriving their just powers from the consent of the governed. lishing rules and regulations for the opening and navigation of "The fathers never contemplated a sort of ubiquitous govern­ the Panama Canal and approaches thereto, including all water mental Santa Claus, however benevolently disposed in the under its jurisdiction; to amend section 6 of an act entitled exercise of unlimited and autocratic powers. The Federal Gov­ "An act extending certain privileges of canal employees to other ernment was not made the source or custodian of a people's officials on the Canal Zone and authorizing the President to wealth or the censor of its manners or its morals; it was not make rules and regulations affecting health, sanitation, quar­ its function to prescribe its regimen or its faith, to curb its in­ antine, taxation, "public roads, self-propelled vehicles, and police dolence or reward its industry. No; its one mission was, not powers on the Canal Zone, and for other purposes, including to create or bestow or limit 'these rights,' but to secure them. provision as to certain fees, money orders, and interest de­ " To bestow a right implies its previou possession in the hand: posits," approved August 21, 1916 ; and to regulate divorces in of the grantor, and the rights secured by the Declaration came the Canal Zone, and for other purposes, reported it without not from governments, for it is self-evident- amendment. " That all men are created equal and are endowed by their Creator l\lr. NEW, from the Committee on TeITitories and Insular with certain unalienable rlghts. Posses ions, to which were referred the following bills and joint "No government having created, none save a despotism will re olution, reported them severally without amendment and ever dare to invade or restrict them. It matters not whether submitted reports thereon : the abominable thing be attempted by a monarch or a majority; H. R. 11589. An act to provide for the transfer of the lands no name however euphonious, no form however popular or de­ and buildings of the Federal leprosy inv.estigation station at lusive can excuse the execrable act of oppression. For 'when­ Kalawao, on the island of Molokai, in the Territory of Hawaii, ever any form of go>ernment becomes destructive of these ends to the Territory of Hawaii, and for other purposes (Rept. No. it is the right of the people to alter or abolish it.' 806); "For long and weai·y years patriots, patient but vigilant, H. R.11590. An act to amend sections 34 and 40 of the organic without a thought of secession or rebellion, sought to preserve act of the Territory of Hawaii (Rept. No. 807) ; and these ' unalienable rights' secured by the great charters and H. J. Res. 316. Joint resolution authorizing the reappointment denied by a stupid king and a bigoted ministry; revolution came of Frederick Mears as a commissioned officer of the Regular only when reform was impossible. Army ana making him available, when so reappointed, for serv­ "'In America,' said the calm .Andrew Elliott, of Boston, 'peo­ ice as chairman and chief engineer of the Alaskan Engineering ple glory in the name and only desire to enjoy the liberties of Commission (Rept. No. 808). Englishmen.• 1922. CONGRESSION ALJ RE®ORfr--SEN ATE .. 999·7

moot hill o.r sacred tree. as a center, its. • mark ' as a border ; each " Before the Battle of Lexington, Franklin had ' never hear.d jb<'lged· by witness o:t the kinsfolk and made laws in the assembly of its of the least expression of a wish for a separaJ:ion; and John. freemen, and ch.oi.;e. the leaders for its own. governance, and the men who Adams declared that the charge that 'any pant after inde­ were-.to,follow headsman or ea.ldoL'Inan to hundi:ed court or war. pendence ' was a ' slander on the. Province.' " For 10· centuries. has he· cherished these institutions with an "'Before the 19th of April, 1775,' relates Jefferson, 'I never idolatroUS' devotion, defending-them with dauntless bravery, and beard a whisper of a disposition to separate from Great Britain.' in defeat and disaster, still precious as life, he has still clung to " In 1774 Washington wrote, ' No such thing as independence them in the midst of servitude and of chains. is desired by uny thinking man in America,' and two years " Uagna Cha.rta. is in its essence the embodiment of 'unalien­ later he asserts, ' 'Vhen I first took command of. the Army I· able :tights/ temporarily denied by a. Norman conqueror anu re­ abhorred the idea of independence ; but now I. am fully con,. stored perforce by his reluctant and degenerate son. vinced tba.t nothing else will save us.' "Perfected by experience, developed by civilization and by "The author of the Bill of llights1 George Mason, aptly ex­ culture, these rights assumed a more definite and concrete form. pressing the opinions of bis compatriots-, declared that- prior to " Our A.nglo·Sa.xon ancestors,'' says Chief Justice Taft, " hammered the wa ting of their fields, the devastation of their citie and out tbeir civil liberty by securing- from their would-be royal oppressors not general declarations of. principles of freedom, like a Frenah con­ ma.s~acre of their sons he had been 'well a.ffeded to the King stitutio.i;i1 but distinct and definite promises that certain rules, not ot per onally and to his Government ; one who adored the wisdom substnnuve but of adjective law, should obtain. * • * Run through and happiness of the British constitution and preferred it to the Ma..,"'Dll Charta.. of 1215, the Petition of Right of 1625, the Bill of Riltbts of 1688, the great charters of English liberty, and you find in any t.hat then existed or ever had existed.' them an insi tence not on general principles· but upon procedure. " Lt was not to overthrow this ' constitution' or to supersede· it that the Continentals took up arms, but as frf'e Englishmen "In the maintenance of these 'inestimable privileges,' hoary to retain and maintain their •unalienable rights' under it. with the prescri_ption of centuries, the colonists went from re· "''Ve will,' swore the minutemen, 'to the utmost of our form to rebellion and.from rebellion to victory. Even at this power and abilities defend all and every of our charter rights, hour we a.re lost in wonder and in admiration at the valor, liberties. and privileges, and will hold ourselves in readiness at the moderation, and the wisdom of that baud of heroes and a minute's warning, with arms and ammunition. thus to do.' of sages who at a nation's birth pledged it eternally to the in· "What were those precious 'charter rights,' liberties, and violate. preservation of. these ancient, these 'unalienable rights• privileges f<>r which the ragged Continentals with their flint sacred as life itself, and, like life, they come not from govern­ locks stood ready ' at a minute's warning ' to do and to die? ments but from God. " They arc the · unalienable rights' of the Declaration of In­ '"Well might the great Chatham exclaim- " I have read Thucydides and have studied and admired the master dependence, they are the body of. the Constitution of the United States of tile world-for solidity of reason, force of sagacity, and wis­ States, they are the Bill of Rights, the 'holy of holies' of that dom of conclusion under a cumpllcation of difficult circumstances, no instrument, without which. the Colonies would never have nation or body of. men can stand: in p:reference to the General Congress adopted. it. They are 1\fagna. Charta, the Eetition.. of Right, and at Philadelphia. ' the Decla.ration of Right all in one. They are the sum of the " The very apostles of human liberty, profoundly learned in solemn. guaranties of every government proud scions of the the history and character of all the uespotisms of the past, Saxon race hn.ve ever. acknowledged or obeyed in a. thousand their sagacious vision penetrating mere- forms, dissected the years, for which. here and beyond the seas, from Yorktown to very essence of. gov.ernment and exposed. all the hidden arts by Runnymeade, they have stood willing and ready to fight, and, if which avarice, ambition, or bigotry had ever deluded or en,. need be, gladly to die. slaved manldnd. "As their valor. maintained them then, 0 God of nations and. " In framing.. the Constitution they incorporated into· the or­ ot battles, may our wisdom preserve them now, inviolate and. ganic law all tl10se- ' checks and balances ' which. experience etenLllly ours. had shown were- best calculated to prevent the unwarranted ex­ " Liberty to the Saxon.. is. not the dream of some doctrinaire tension or abuse of Federal _power and, above all1 imperative obscured in. a philosophic haze ; it is not without, it is within him­ and categorical inhibitions agains.t the ex:ercise of _any authority a vital, living, _vulsating. thing, a part of his very soul It ia by which a government in any form, S.ta.te of Federal, might concrete. It is sensitive to the touch and, like his body, to exercise an authority inimical to the 'unalienable right.s' men­ threaten or profane it is an. intoler.a ble degradation. tioned in the great Declaration. "T11is passionate, jealous, indomitable devotion to personaL " They reaffirmed the seasoned guaranties of the great Eng­ liberty and personal independence is the very liall mark of the lish char.ters against every abridgment of the freetlom· of con­ race. To it is clue its puissa.nce- in war and its moral grandeur science, o:f speech, or of the press, against unlawful· arrest; the in peace. It: glorifies all its history, and when history is lost in imposition of ~essive fines, or the infliction of. cruel or un­ the twilight of tradition it lends dignity to the savage and usual punishments. The person, papers,. houses; and e:fTucts of illumines the hut and the hearthstone of the barbarian in the the- citizen were forever immune from unlawfuL searches and wilds. of Schleswig. and. Friesland. seizures, There waS: to be no denial of the writ of habeas cor­ " Tlie institution of trial by jury had its genesis in. this stub-· pus on the tight of trial by jury Local self~government was­ bo.rn.. maintenance of the inviolate sanctity of bis nerson and effectively preserved by vesting in the Federal Government only­ the privacy of his home, forever free fr.om any form <>f.. gove:rn­ specifieally delegated powers. and by tha furthe£ and sweeping mentaL int:cusion saYe by the consent of. bis fellows and his, assertion- peers. .. Tbe enumeration in the Con titution of.. certain rights· shall not be "The basis of their s.ociety was the freeman"­ construed to deny or disparage others retained by the people. "Says Green. "And- " He alone was known as_ ' the man ' or • the churl.' He was • the .. The powers not delegated to the United StateS' by the- Constitution, tree-necked man,' whose 10J1g hair floated over a neck that had never nor prohibited. by lb to the States, are reserved to the States respec­ beut to a lord. tively or to the people. "According to Tacitus-- " The Constitution. was a compend of the wisdom and tlie " Each dweller within the settlement was jealous ot his own isolation· ripened fruit of the experience of. 2,000 years. ot: Saxon civiliza-· and independence among his fellow settlers. tion, "Older than our civill2ation, older than our faith, are these "It is. ours-, to proudly boast and justly maintain that the institutions, cherished by our Scandinavian fbrbears still clad in fathers of democracy were the autho1·s and signers of the Dec­ the tawny hides of wild beasts, and the worshipers of. TD.or. and laration of Independence and the framers of the Constitution Woden. Upon· the independence· of the individual, upon the• ot the Unitecl States, sanctity and security of the home, uporr local self-goverrrment, " The fundamental principles of freedom and the tenets of Saocon civilization is builded, and to it that civilization owes the demoeracy furm the- woof and warp of our.. personal liberty and dominance of the world ancr the highest measure of freedom our national independence. eyer. enjoyed by the children of men. " The stability of our institutions. our national. puissnnce, " The- Saxon conquest. of the Britishi Isl.es was not the inva­ our territorial expansion~ Olll" amazing growth in wealth and sion of a hostile army; it was tJie, exodus of a whole people. population, and, above all, our long and unailoyed enjoyment " war was not sooner over- of personal indeI.>endence and domestic felicity, all are due to " Says G1·een- the fact that the administration of the law1for · more than half " than the warrior settled down into a farmer, and the home o.t. the a century after the adoption of the Constitution· was in. the peasant churl rose beside the- heap of goblin-haunted stones that marked wise and strong bands-of those• who bad fashioned that instru­ the site of the villa he had burnt. Little knots. of kinsfolk grew to­ gether in ' tun ' and • ham ' besid~ the Tham.ea and the Trent as they ment, or of their successors who :professed their political faith h-ad settled beside the Elbe or the Weser, not as kinsfolk only, but as­ and emulated their illustrious example. dwellers in the· same plot, knit together by their. common holdings withiu:­ the common bounds. Each little village-commonwealth lived the same1 " Ftom the inauguration of Thomas -Jefferson to the_ Civil life in Britain as its farmers had lived at ho.me. Each had its owu. War, the Democratic Party lost but three elections, and. no two 9998 CONGRESSIONAL RECORD-.SENATE. JULY 6, iu ·ucc:ession ; and from the adoption of the Constitution to the parties reverent of the Constitution and obedient to its wise iJ.w ugura tion of the first Republican President, a period of over and manifest limitations. 70 years, there 'vas but one attempt on the part of the Federal "At home- (Joyernment to invade the reserved rights of the citizen or the "Said Jefferson in his second inaugural- by , ·oyereignty of a State. This attempt the. authors of the alien " fe1low citizens, you best know whether we have done well or ill. and ·edition Jaws to abridge the freedom of speech and of the The suppression of unnecessary offices or useles · establishments aud presl:l by confening Federal jurisdiction over alleged seditious expenses enables us to discontinue our internal taxes. These, covering our land with officers and opening our doors to their intrusions, had libels brought an in tant anathema from the Sage of Monticello already begun that process of domiciliary vexation which, once and from the alert and indignant ·democracy of the Nation. entered, is scarcely to be restrained, reaching successiV'ely every article "For- of produce and property. * • • It may be the pleasure and pride of an American to ask what farmer, what mechanic, what laborer ever " ~uy · Jefferson- sees a taxgatherer of the United States? " the Constitution of the United States, haring delegated to Congress a power to punish treason, counterfeitin9 the securities aJld current "The Federal Government was administered from the begin­ coin of the United States. piracies, and fe1onies committed on the high ning of Jefferson's to the end of Buchanan's administration-a seas, and offenses committed against the law of nations, and no other crime · whatsoever; • • • therefore the act of Congress passed period of 60 years-for less than a billion dollars. That will not on the 14th day of July, 1798 (the alien and sedition act), all other meet the expenses of special commissions incurred during a acts (which assume to create, define, or punish crimes, other than those single year of the present aclministration. so enumerated in the Constitution) are altogether void and of no force; and that the power to create, define, and punish such other crimes is " During the last 10 years the appalling cost of a hundred dif­ reserved, and of right appertains solely and exclusively to the respec­ ferent commissions, boards; and bureaus, employing an innumer­ tive States, each within its own territory." able army of deputies, inspectors, supervisors, spies, and po­ "The Republican Party, born in tbe throes of sectional hate litical parasites, has actually exceeded by 400 per cent the total a m1 fratricidal strife, poisoned in its vita ts by the virus of fed­ cost of the Federal Government for the first half century of its eralism, has, during all the years of Its evil existence, never existence. ccaf:ed to advance with steady and stealthy tread 'over the "This ins;atiate lust for inquis'torial power daily begets new whole field of jurisdiction.' At this hour we are faced with a boards and bureaus. The appetite for attending to other peo­ bald proposal to abandon all the sage precepts and principles ples' busine s grows by ·what it feeds on, and their devastating of the fathers. cost increases by leaps and bounds. · We are told that this "For when you make a centralized government and not the insufferable burden of taxation is the result of the war. A citizen the source and repository of all power, you will not have casual analysis of the receipts and expenditures of the Govern­ amended, you will have abolished, the Constitution of the ment explodes this groundless contention. United States. You will haYe inverted the whole system upon " For the fiscal year ending June 30, 1922, the amount appro­ which for a thou,.sand years the structure of Anglo-Saxon lib­ priated for governmental purposes, not including the cost of the erty has rested. 'Var and Navy Departments, pensions, Veterans' Bureau, or " This disreputable political organization is at present torn reduction of the national debt, is $1,115,517,366, an increase of by a number of warring factions, and of them all the so-called 500 per cent over 1916 and within a few hundred thousand ' progressive' is the most ingenious inventor of new ways and dol1ars of the total cost of maintaining the Federal Government means of invading the vested rights of the States and the lib­ from the inauguration of George Washington to the advent of ertiPS of the citizen ; like a legislative ghoul, exhuming the the Republican Party. dead and buried despotisms of the past, unmindful of the wise " There is no limit upon Federal power and no bottom to the aphorism of Edmund Burke that' all innovation is i;i.ot progress.' Federal Treasury, and, acting upon the preposterous assump­ "The great trouble with these vociferous 'progressives' is tion that national wealth can be multiplied by Federal taxa­ that they are forever moving in the wrong direction. Their tion, Washington has become the Mecca alike of the visionary energy and ingenuity is in the main confined to the discovery of and the necessitou ·, each houe furnishing some new legisla­ some new method by which a centralized and omnipotent power tive nostrum or some new means of harrassing or plundering may extend its inquisitorial and ubiquitous auth1,rity over dis­ an outraged public. They glory not in the character but tlle tant Commonwealths and remote communities and into every amazing amount of grist turned out by the legislative mill. nook and corner of the moraJ, political, and industrial life of " 1\1r. :;\foNDELL, the leader of the majority in the House, has the citizen. ·just blandly assured us that- " From the crushjng weight and the inordinate expen ·e of " This Congress has up to this time placed upon the statute book this abominable system of end.le ·s and irresistible Federal in­ 398 separate laws, of which 311 are public and 87 are private, includ terference there is no escape. Great States are to be stripped ing claims. This is at the rate of H laws per legislative day for tht. of all actual control over their penal, eleemosynary, and educa­ entire session. tional institutions. The citizen is to be left helpless and ex­ "And the worst is yet to come, for. notwithstanding this posed to the prying interference and vexatious intermeddling furious and indiscriminating grind, biUs are now pending in of the delator and the ~'PY. eYen in his most intimate and domes­ the Federal Congress to regulate, supervise, cen or, or control tic relations. the public press, public utilities, the sale of securities, the min­ "Weddings are to be supervised by a hygienic expert and ing of coal and minerals, and the weaving of cloth; horse marital rights determined by some eugenic fool. racing, football, baseball, moving pictures, Sunday amusements, " Babies are to be born by Federal aid and suckled under everything in fact from the birth of the baby to the burial of Federal supervision. the corpse, and from the operation of a railroad to the setting "You can not milk a cow without a Federal inspector at of a hen. · your heels. The factory, the mill, the counting-house, the office. "Under the terms of a bill proposing to regulate horse racing and the home literally swarm with a horde of petty and pes­ by censoring the mails and the press a lad at college writing to tiferous representatives of this paternalistic r~gime. his mother and stating the odds on a football game i · liable "Henator Foraker in 1907 bemoaned the multiplication of to a fine of $5,000 or imprisonment in the penitentiary for u. ·eless offices and officers in his degenerate day, declaring five years. that- " Under the terms of Seuate bill No. 23- " The little band of 167 special deputies, agents, and inspectors on " any person who shall teach, incite, propose, aid, abet, encourage, or the pay rolls of the Government 10 years ago has been swelled to an advise the unlawful injury or destruction of priV"ate or public ~roperty, army of more than 3,000. etc., shall be guilty of a felony and shall be punished by imprisonment not exceeding 40 years or by fine not exceeding $50,000, or by IJoth " Three thou ·and agents and inspectors ! There are over such fine and imprisonment. n0,000 now. "One act provides for the payment out of the Federal Treas­ "In an address recently delfrered in this city, ex-GoYernor ury for all wheat, bell corn, or raw cotton or raw wool pro­ Haskell, of Oklahoma, indignantly declares: duced in the United States, and another upported by 1,425,295 "Less than a quarter of a century ago, in the greater enjoyment of alleged petitioners has just been read into the CoxGRES ION.AT, jndividual rights and local self-government, our l!'ederal authorities found it necessary to have upon the pay roll of the Federal Govern­ RECORD v.-hich imposes a fine of $10,000 and long terms of im­ ment fewer than 200 sleuths and special agents and inspectors to aid prisonment upon any person or corporation running a freight in the enforcement of Federal law . Will anyone defend the policy of or mail train, opening a post office, or publi •hing a daily the Fed('ral Government which to-day employs more than 42,000 inspec­ tors, sleuths, and inquisitorial agents to dog the footsteps of him who newspaper on the Sabbatll Day. should be, in the exercise of his constitutional rightil, enjoying the "There is still another bill proposed IJut not yet introduced hith<>r·to dignity and freedom of an honest American citizen 1 boasting the approval of 91.000,000 supporters which c1enies " From this depressing and sickening scene turn back with the right to hold any National, State, or municipal office, eithe\'._~ llle to the dignity, the independence, the peace, happiness, and elective or appointive, to vote, own boncli:;, stocks, s ecuritie~ prosperity which for more than half a century marked the wise mortgages, etc., or to hold any meeting or meetings, sen\ and just administration of national affairs by Presidents and ice or services whatsoever, other than b~ persons acknowl- 1922. CONGRESSIONAL RECORD-SE~ ATE. 9999

I edging and proclaiming the doctrine of the Trinity and the mit to the hilt and· these amendments must be· read' before 12 divinity of Jesus Chri t. o'clock to-morrow. Tl1e amendments which I· now o.ffer are "There is not at this hour left a single 'inestimable priv~ vital. lege,' one 'unalienable right,' mentioned in the. Dectarati-0n. of 1 Mr. KING. I have something like a thousand'amendments to Ind~pendence and secured by the Constitution of the Unitedt offer to the chemical schedule. States which is not openly invaded or secretly undermined by l\ir. ASHURST. Then the Senator should prepare his amend:. some paternalistic pi·oject or socialistic propaganda. nrents and ha:v.e them· read befot·e 12 o1cloek to-mocrow, unless " In the enforcement of this insane and pernicious saturnalia he is certain the cloture motion will faiL I . ask th.at the amend­ of socialistic legi&a tion, the honest toilers of America are being ments which I have sent to· the desk may be read bef-0re• any literally devoured by a veritable army of hungry political , further discussion is had. parasites. · 1. < • • The VICE PRESIDENT. Tlle amendments will be read. "Even the Dearborn· Independent is appalled by the number The reading clerk proceeded to read M.r. AsHURsT's proposed of pensioners upon Feder.al bounty. amendments. " Not more than. 30,000,000 persons "­ l\Ir. HARRISON. Mr. President, I ask unanimous consent " Says this paper-· that-the amendments·may be considered as having been read.. " ue actuaUy engaged in producing and distributing goods, clothing, ::Ur. ASHURST. I know that it is a friendly move the Sena­ and other' nece-ssiti~s of life. Every two actual producers now maintain.,. tor is making, but I ask to have-the amendments read. in addition to dependents and othei: nonprodncers who draw from proJuction, the equivalent o! one individual that is majntained by The VICE PRESIDENT: The Ohair. understands that there· Govei::mnent expenditure of some sort. Do you know, furthermore, is objer from Mississippi. that 10 ~r cent ot the national earnings now go for governmental Mr. ASHURST. I do not want my> constitnents to be de­ operation, etc.?" . prived of the right to have these amendments pi::e ented· and " In short and in fine. we have come to the parting of the. voted. upon. I am not going to be guilty of any default or re­ way;s. The Old Guard, impQtent and discredited, is left to the missness. . I ask that the amendments may be. read, as the rule mercy of the Nonpartisan. League and · a triumphant soeialistic· requires organization masq.uerading under the emblem-of the Bull Moose. The VICE PRESIDENT. The reading will be resumed. "I the sftirit of demo~racy dead. in America? Is constitu­ The reading clerk resumed and concluded the. reading of Mr. tional govemment to be de. pised and· f &gotten? Shall tlle fol­ AsnURsT's amendments, whieh a.re as follows: lowers of J.effer.son and Jackson and Tilden sit idly by or On page 113, liner 16} after the w.ord "state" and the comma, insert tamely and silently submit to the clamorous and turbulent the following : "one-fourth of." by of On page 213, line 17, after the· word " matter •• on said line 17, detecrninatiwing: " 20 ,per cent ad va.­ decisions of courts and to· supervise and to determine the lorem." most intimate relati.ons of our social and domesti

10000 OONGRESSION AL RECORD-SEN ATE. JULY G,

This revenue bill differed in no respect from others. It took a forestall the e assaults, to put through ·omethin~(bere so tllut long time to iret it through both Houses and turn it into law. As we a re told that this i.., needed in order to shorten debate, especially the people will never know the infamous character of some of on tllat bill, I want to analyze the time occupied in that bill. the provision of this bill. He knows - that when the sugar It was taken up bv the subcommittee of the House, as nearly as I schedule is reached we, on thi side of the Chamber, are goiug can get the exact date, on the 15th of last April. It was taken up b:v the full committee on May 1. It was reported to the House on to expose the deal that was attempted to be put over by a :\.la:v 9. It was 24 'days in the House committee. It was 14 days in distinguished member of the Finance Committee, the senior the· House. It then came over fO the Senate on the 23d day of May. Senator from Utah [l\fr. SMOOT], by writing a letter to General It was 74 days in the Senate com"mittee. I can testify as a member of that committee that no time was lost, and no committee within Crowder, a representative of this Government to CulJa, anerv important measure, but I wa in charge of the bill, and I thought it ·took a long time. People in charge of a bill usually do. granted to the President to raise and lower tariff duties can It wa before the Senate for 35 days. It was 31 days in conference. not be debated in the time which will be permitted for debate In debate in the two Houses on that bill 49 days were occupied, and in under the rule. conference and in committee 129 day were occupied. Is it any wonder r sav thi · is utterly needless? l\.ir. CARAWAY. l\lr. President,_ will the Senator allow me TIJJ ~ i not the place where the delays come. I look at this history to interrupt him? of appropriation bills on the back of the calendar. The legislative, l\.Ir. HARRISON. I will yield in a moment. executive. and judicial bill was reported to the Senate on the 9th of April last. It was not taken up for several days, because my memoi:y The Senator from Indiana knows that those provisions is that it pa sed in two or three hours one morning. .At al~ events, touching the tax on leather and hide and shoes and hoots, it went out of the Senate on April 16 and went into conference April which will increase the cost of shoes to the little children and 19. Where is it? It has stopped where? Has the delay on that bill o'ccurred in this body? I am not blaming the conferees of either House. the men and women of the country, can not be discussed within I am bowing the utter needlessness of this rule. the hour allotted to Senators under the rule. Now I yield to the Senator from Arkansas. Tl.le Senator from Massachusetts further said: l\Ir. CARAWAY. l\lr. President, as the Senator is referring My ohjPction to it, however, is an objection of principle. I do not like to see this attempt to break down the freedom of debate in the to the Senator from Indiana, I wish to suggest to the Sena tor Senate, which, whatever its defects may be at certain moments, in from l\fississippi that the Senator from Indiana did not expect the main is. I think, extremely important to the country, and which this cloture rule to be adopted, because the Senator from In­ certainly since the beginning of the war, as I have demonstrated by it the time spent in debate, has produced no harm whatever and been no diana knows when this bill shall have passed the Senate cause of delay. I relieve the majority of responsibility, because I can must go to conference, and the Senator from Indiana voted · 11ot see that they have the slightest gain to make by it; and I have not to permit the House of Representatives to adjourn subject to observed any greater reluctance to take time on the other side of the reconvening on the 15th day of August. Chamber than on this. Mr. HARRISON. Yes. . Now I desire to read from another distinguislled leader of l\Ir. CARAWAY. He knew that the bill was not to be the Republican Party. He is to-day the President of the United passed before that time, else be would not have voted to per­ States. He spoke against cloture in this body when be was a mit the Hou~e to adjourn until the middle of August, so that Senator. He voted against the rule which sought to limit gen­ the tariff bill could not be sent to conference if it were pa sed eral debate to one hour and a half,. but which permitted 20 ~~~ . minutes debate on every amendment that might be offered. Mr. HARRISON. The Senator is eminently correct. The Tlie pre~ent President of the Dnited States, at that time a whole procedure i · a piece of sham and deception. pure and Senator, thougllt that that wa · too .much restriction on debate; unadulterated hypocrisy. Here is what the Senator from that it defeated freedom of expression in this body; that it Indiana said when he was opposed to a cloture that per­ destroyed the cherished principles of the United States Senate. mitted an hour and a half of general debate and 20 minutes dis­ Here is what be said, in part: cussion on every amendment, without any restriction on the Yoo can not expect the Senate to limit its debate by an arbitrary presentation of amendments. He grew eloquent, as he always rule. does, and said : • * * • • • * Mr. President, the Senator from Alabama said before taking his But the reformation of the Senate has long been a fad. I came here seat that the greatest speeches that have been made in the Senate of mn•elf under the impression that there ought to be cloture and limita­ the United States in the past have been comparatively short one ·. tions on debate; and the longer I sit in thi body, the more convinced That is true as to some of them. but I call the attention of my honor­ do I become that the freedom of debate in the UnitP.d States Senate able fl'ii>nd to the fact that if this rule had been in force in the Con­ is one of the highest guaranties we have of our American institutions. tinental Congress- • I have a speech here from the jun~or Senator from :Minnesota He harked away back to history- [l\lr. KELLOGG], one of the crusaders m the cause of cloture-one many of the great histori.cal utterances that laid broad and deep the enduring founclations of the Republic and pointed the inevitatile_ vath­ of the real apostles of the present day for restricting debate way of the future would have been but partially delivered. and limiting freedom of speech and action in the Senate. I llaYe here a speech of the senior Senator from l\lichigan [1\Ir. The Senator from Indiana delivered a splendid speech. It TowN END], who is another one of the leaders on the other was all right, unless the printer got it wrong. side of the Chamber who would strangle debate in the Senate. I quote further from the remarks of the Sena;tor from Indinna I shall not quote from the e speeches, but merely call the at­ on the occasion ·referred to : tention of the Senate to them. I have here also a speech from If this had been the rule of the United States Senate after the adop­ tion of the Constitution and the formation of the Union, many of the the cli~tinguished junior Senator from Maine [Mr. HALE]. great orations that cballi>nged the attention of mankind and faRhioned I w•ll I had the time to read it as well as these others to the the policy of._ the Republic would have been but partially dt>livered. If this had been the rule of the United State1::1 Senate for the first Senate, but I shall not tref:pass too much upon the Senate's time. 50 years of its exi!~tence. John C. Calhoun wonlcl not ha>e been able The Senator from Maine [Mr. HALE] is employing much of his to thunder forth the doctrines in whirh he belleved ; Hayne could energy these days in trying to strangle the United States Sen­ not have announced on the 1loor the ii.leas wnlch he so eloquently Rt .t> and to restrict freedom of debate here. espoused. I .:ee the benign countenance of my friend from Indiana [Mr. How beautiful! W ..\.TSON] over there. He is strong for this cloture rule. He Henry Clay would ha:rn been unable to ueli ver in fnll any one of the is an adroit politician; he i::> as smart as they make them. He score of speeche:;; that uccomp:h:l:c(l o much .fo r his country; i\nu Daniel Webster, impPriouc: o::atc-:- r.'.: .\ m~ :·i ~n tJ history, could not have know that the pending bill will not stand the attacks from blazed the pathway of the futme jn that hil"tork utt!i'rance in which he this side of tbe Chamber. He wants to restrict debate, to announced the essential policies Ol foe Repuolic i( it1::1 institutions ai: · 1922. CONGRESSIONAL RECORD-SENATE. 10001

to endure, for on the fioor of the United States. Senate and in th~ open forum of debate he in a sense shaped the destmy of the Repubhc and the votes of Senators, more real information gained in a running de­ molded the future of the Nation. bate where questions are freely askC'd than there is in all the set speeches that were ever made in this body. Then Senator Gallinger, of New Hampshire, interrup~ed to say that Webster spoke for eight hours, ·and the adroit and Then the Senator who now offers this cloture made a speech, smart and eloquent Senator from Indiana said: the distinguished Senator from North Dakota [l\!r. McOUMBER], .And eight hours, the Senator from ;New Hampshire informs me, he who is in charge of this bill. He spoke. He now offers the spent in delivering that masterful oration. cloture, although he voted aga ;nst the cloture that limited It this had been the rule of the United States Senate before and du~­ general debate to one hour and a half and 20 minutes on each ing the Civil War Charles Sumner could not have sounded forth bis great philippic against the barbarism of slavery, nor .could any .oneth?f amendment, without restriction with regard to the p!'esentation the masterful orators or statesmen who t l1en occupied seats m _is of amendments. He spoke against that kind of cloture, but on Chamber have voiced the sentiments of the sons of :freedom that m­ the bill that he fathered, of which he was the author in part, spired the mighty North to action and l~d great armit;s to the fields of strife for the principles of the perpetuity of the Umon and the free­ he now says to the Senate, through the presentation of this dom of the slave were fought out upon the floor of the Senate before cloture, "You must not discuss it in all, with all the Senate they were fou:;ht out upon the crimson fields of battle. . eommittee amendments, with all its ·provisions, over an hour; Further on in the same speech the Senator from Indiana and you shall not be permitted, after one hour following the said-- convening of the Senate to-morrow, to present a single amend­ Mr. FERNALD. Read it all; it is good reading. ment to any part of my bill." Here is what he said then: Mr. HARRISON. It is fine reading, and yet Senators on the So I can see no good reason in the world for attempting to stifle the voice of Senators upon the many subjects that may be brought other side will vote contrary to the admonition contained in the before us. eloquent speech of the Senator from Indiana. • • • • • • • Why Senators we are not children ; we are men. We are not play­ Mr. President, I am against this resolution for another reason. All ing with castles 'or cards; we are dealin~ with fun~~e~tal problems. of the arguments that have been made by the proponents of the reso­ We are not engaged in some sport in which a man is hmited to a cer­ lution, all of the arguments that have been made in favor of it by taic number of strikes; we are Senators, chosen because of supposed others have not -enlightened us as to why the resolution should be ability fitness and character to measure up to the great demands of brought before us now. On the contrary, Senato1·s have stated again statesmanship,' to grapple with the eternal verities tha~ underlie all and again that it is not necessary. The Senator from Alabama de­ progress and all enduring government, and why should it be thought clared'. that the Senate had not abused the privilege of discussion since that we must place a limitation upon ourselves else we shall tr:imp!e this war began; he declared that· there was no danger that the Senate upon the rights of the people by too great speech? The whole thmg is would abuse the privilege of unlimited debate during this war. Mr. to me the very height of the preposterous. President, if Senators have not done so, and if they will not do so, The Senator was friendly then with Senator Harding, just then, in the name of heaven, give us one solitary, honest reason why it ls necessary to shacklP Senators in their discussion of any subj 0 ct as he is friendly now with President Harding. They worked bPfore the Senate of the United States? And why will thPy not abuse hand in hand and they will go down to destruction together-I the right of debate? Because there is not a Senator in this Chamber, mean pol'tically. there is not a . Member of this body who is not patriotic ; and any Senator of the United States who would obstruct, by long?r discussion The then Senator from Ohio, Mr. Harding, interjected, and than would be necessary, a bill that would affect our war progress the Senator from Indiana said: would be a traitor to his country; he would be guilty of an act of I yield to the Senator from Ohio. treason ; and he should be and would bP immediately expelled by the patriotic Members of the Senate body. Then, why bring in this reso­ :Mr. Harding said: lution now? I want to call the attention of the Senator from Indiana to the fact He said: that we completely changPd the policy of the last tax law, due to the convictions that wer.e evolved through the debate. I know there has been some criticism on the part of the press about Congress delaying legislation, but every Senator knows it is not true. Oh how true with regard to present-day conditions ! How We know that we have not delayed legislation in any respect what­ this bill has been changed from the time it was pres~nted to ever. Then, why this resolution? It is a reflection upon the honesty. the patriotism, the ability of the individual Senators of the United the Senate in its original form! The Senator from Indiana the States. other day said that tl.Je Senate Committee on Finance had ~ro­ posed 87 amendments, I believe, or 95 amendments, reduc~g Those were the utterances only a few years ago of the men the rates in the bill from its original form. So l\!r. Harding who now attempt to stifle debate in this body; and the only must have been a prophet as well as stating facts at that. time. reason that can be advanced for their change of front is that He knew that this condition would probably come about m the your bill is so bad, so odious, so indefensible that you are future. afraid of ·full and legitimate discussion of it. You cringe un­ The Senator from Indiana said, in answer to that- der the assaults that are made on it. You tremble under an I thank the Senator for the suggestion. It is very appropriate and honest analysis of its provisions-the poor, bleeding, wounded, timely, be<:ause it is true that from. the _time the debat~ began o~ the lacerated thing. The attacks upon it have been so many and last tax law until it was completed m thIS body the policy of th~t law so constant that it groans with pain and pleads for treatment. was changed, and. 1 believe, changed to- the good and changed m the interest of the people of the United States. I thank the Senator for Its temperature is high. Its respiration low. Its system is his suggestion. all run down, and never in all history did a thing need to be Yesterday when \he Senator from Alabama [l\!r. UNDERWOOD] operated on or treatment applied more thnn in this instance. was talking the Senator from Minnesota [l\!r. KELLOGG] called And yet you deny us, through the application of this proposed • attention to the fact that it took but seven weeks to pass cloture, to administer to this now fatherless and deserted and through the Senate the Underwood-Silnmons tariff law, _and orphan child. that already we have talked on this bill some seven or eight Now, does the Senator want to ask me a question? weeks I do not know which. The Senator overlooked the fact Mr. McCORMICK. Although the Senator is lost in the maze that that was a good bill; that that was a bill in the interest of the metaphors of the Senator from Mississippi-- of the people. There were provisions in it that the Republicans Mr. HARRISON. The Senator does not seem to be lost. could not attack and some of them voted for them. Even the Mr. 1\fcCORl\lICK. He would suggest that if the bill be Senator from W~shington [Mr. POINDEXTER] in those days was breathless, that is not true of the Senators on the other side termed a Bull Mooser, and be not only voted for the provisions of the aisle. . of the bill but he voted for its final passage; and yet all Mr. HARRISON. No; and they will not be breathless from through the consideration of th's bill the rates hav~ neve: been now on until NO"rnmber. high enough for him. He has throughout the consideration of 1\Ir. McCORMICK. Until after election. this measure voted with the reactionary element. Mr. HARRISON. Oh, unta after election? We will keep I do not know what it is that you gentlemen apply to these you breathless until- after election, and there will not be any former Progressives and Bull 1\foosers that makes them be­ part of you left, politically, after the election. It is a godsend come so reactionary, but you certainly . have got something. for himself that the Senator does not come up in Illinois this My fr:end fro:tfi Illinois [Mr. 1\lcCORMICK] never called himself year. . a Bull 1\looser, but he had the horns and all the other charac­ Mr. Pl'es:dent, speaking dispassionately, I want to appeal to teristics of a Bull Mooser; but as soon as he gets here and the common sense and fairness and justice of Senators on the comes under the hypnotic influence of the Old Guard he and other side. Xciu know that when this rule is adopted to-mor­ the others soon become reactionary and forget their former row, if it should be, your Finance Committee, that have met promises. daily, as the Senator from Indiana and the Senator from No~th I proceed further. Other Senators who are now in the ·sen­ Dakota says, looking over these paragraphs, consta~~Y making ate spoke at that time against cloture--one of them a great changes, offering modifications to the var.ous provisions. upon leader on the other side. I refer to the Senator from Utah the fioor will be estopped in the future, except by unanimous [Mr. SMOOT]. He spoke against it. He said: consent from offering those amendments. I submit that it is The passage of this resolution means that running debate will be not fai; to the American people. If your bill is odious, as it closed in the future, and I say now that there has been more informa­ is-it has met the lashes and the criticisms and the condemna­ tion given to Senators, actual information, information tlz at all'ected tion of the Republican and independent press throughout .the XLII---031 • '10002 CONGRESSIONAL RECQRD__,_SEN AT.E. JULY 6;

country-if it is bad, do you think that is going to help you 1 day, day after day, on single .amendments were -not debates for with that press? No. When you tie up this situation with a the purposes of delay. cloture that will prevent you, except by unanimous consent, 1I I .am not i;n . f~vor of cutting .otr reasonable debate. I am from modifying its obnoxious and iniquitous provisions, yoµ rnot in favor of denying to any Senator the opportunity .to d-is­ .will ron .that .press still more, and you will cause ·more con- ' cuss any amendment and let the country know what the ·demnation to be showered upon your ·heads, not only by the amendment .is. I have discussed one. · press but Americans everywhere, whether ·Republicans or what The Senator from Alabama said yesterday that there bad not. not been much debate except on the bill. There have been Mr. KELLOGG. Mr. President, will the Senator give me days and days and days pent in debate on every conceivable the date of·the speech I made on the cloture? subject -except the bill. l was looking over the RECORD the Mr. HARRISON. The Senator was speaking a.t that time other day and counting up the speeches, and I found that one .against the .resolution offered by the -Senator from Alabama ' distioguished Senator, ,up to March 2, had made 18 speeche on [Mr. ·UNDERWOOD] on either June 12 or June 13, 1918, and in the Federal Reserve Board, and I do not know how many be opposition to the amendment offered by the Senator from Idaho. has made since 1\Iarch 2; I have not eounted them. Can it be (l\.Ir. JlORAH). said that those were upon the subject before the Senate? Mr. KELLOGG. Mr. President, I have not looked at the Mr. President, I have never seen such an exhibition of waste speech, but my ·recollection is that '[ voted for the present two­ of time in any deliberative body, unlimited and useless argu­ thirds cloture rule, which was brought in by the Democratic _ment on single items of a bill, as I have seen upon this, and leader, and adopted, I believe, some time in 1918. It is true ·every Senator knows that at the .rate at which the debate has that the Senator from Alabama [~fr. UNDERWOOD] at some time been going it would not be finished in three yea.rs. desired to procure a majority ,cloture; but a two-thirds cloture I said -at one time tllat this is the only ·great national legis­ rule was finally adopted, and I am sure the Senator will find lative body in the world where business could be done only by that I voted for it. I remember that after months of debate un1.1,nimous consent, .and where a Senator or a number of S na­ I voted for and advocated cloture on the Versailles treaty. tors coul(l talk at any time on any subject, and at any lenrrth, Mr. HARRISON. Mr. President, if rthe Senator will ·permit, and read any book, however irrelevant to the subject. No if be will look on page 7728 of tbe Co~\GnESSIONAL RECORD of other such body exists. ~enators, the American people are June 13, 1918, he will see that he is i·ecorded in the negative sizing up the Senate, and I ·want to say here that the opinion on the .i·esolution proposed to limit general debate to one hour of the people is not flattering to this body. We aTe lowering and a half and to limit debate on each amendment to 20 minutes. the dignity 'Of this great deliberative legi lative body. E pe­ ~fr. KELLOGG. I aQ'.l speaking about the cloture rule now cially sinee .the war, which swept nearly all 1tbe civilized world in existence. I am sure I voted 'for that rule. But whether with a consuming flame, the <.lemand upon the 'Congr for I did or not, I came to the Se:uate as a member of a minority legi lation has been so great, questions of such surpassing 'im­ party, and I had some high ideals about the duties of Sena­ portance a.Fe coming up ·every day for solution, that we must tors, and about this great .legislative body, of which I had choose whether we will do the bu.sine. s of the public or·whetber read, and to which I had .looke{l up for m~ny, many years. I we will not. I say that a rule wlJ.ich allows 10, 15. 20, or .30 had heard of the names of great :\iembers of the Se:tiate which days• general debate on any bill, and then an :hour on the •bill adorn the pages of American Wstory. But I· have lost some of and 15 or 20 · .minu.t~s tJ;iereafter on any amendpie.ot, •Permits that enthusiasm, and many of those bright ideals ,have been debate enough ,to bring -out all the merit.s or demerits of the dimmed in the last six ~eurs. bill and acquaint the country with all the questions involved. I p r .·1me I did ·believe at ·that time that a two-thirds cloture -That we .ought to have. Some such rule · as thnt I ha\"e 'Pro­ wns a ll tllat w~s neces&iiry, becau e during the time that I •posed everal times in the last two ·years. It may not puss was a member of the minority party there was no filibustering. now, but I shall continue to propo e it, and I believe that it 'l'he minority party during that time loyally su~ported the will pass. I believe that the Senate will determine some time President and the majority, and no sign of a filibuster was that there must be a .reasonable 'limitation upon debate, so that evidenced du.ving that period. Since I have commenced -speak­ ·the majority may be ·al>le to do business. Thn.t is all I a" k. ing this morning I _ bave been informed that there w~re on~y 'l'hat i all I think we should have. three votes in the Senate against the propo ed Democratic It was said yesterday that it was unreasonable ·to ask for cloture rule which has been in'7oked fgr a vote to-morrow. It an agreement to fix a date for voting upon this bill. I would is of Democi;atic origin. .Democ.raUc SEµJ.ators should ,not com­ not ask to fix a date, but I do not think it is unreasonable to plain that it is invoked after 10 weeks of debate. They origr ask that some limitation be pl:Lced upon the debate, the length innted the prinqiple of the cloture rule, and now it is not at of time whlch a Senator may occupy in general discussiQD of all surprisi.p.g, in vjew of wb,at bas·taken place, that they .writhe the bill, and the length of time be may occupy on any amend­ u,nder the prospect of voting against .it and going to the country ment. I am sure that all Senators could, with 15 or 20 minutes with a filibu ter whlGh ,has lasted for months . debate upon an amendment, and a reasonable time upon the • I was saying that during the time I was a member of .the bill, elucidate every question which is necessary for the deci­ minority.party they loyally supported the President,.and did not sion of this body, and which is necessary to go to the country. try to delay legislation by :filibustering; but the filibuster I am not afraid of going to tl1e country. I am perfectly started in the Senate 'the day iPresident Harding called -an willing to take responsibility for every vote I east. I do not extra session--<>ver a yea1· ago. There were delays and delays want to shut off reasonable debate; but there hould be some and delays on the tax bill, on tb,e prohibition bill, on any .num­ limitation upon this endless, 'endle s talk, which is evidently ber of other bills. Look at the RECOBD. The tax bill alone was being engaged in for a purpo e. in the Senate for two and a half o.r three months, and the This bill has ·been before the Senate now for 10 -0r 11 weeks, Democl'atic S~nators occupied about .double .the time the Re· with night sessions some 3 or 4 weeks, longet· than any tariff publicans did. bill has ever been before any legislative body in this rountt·y, · The four-power treaty .was in the Senate .last winter for so far as I can find out. debate nearly two months. Look at the RECORD and see who Mr. POMERENE. l\Ir. Pt:esident, the Senator is generally occupied the time. The leader on the Democratic side said fair, and will he not be fair in making the statement that this last night tpat we ngw have before us a bill with 2,000 amena­ tariff bill llas been longer before the 'Senate than any other ments and that each one should be debated. The Senator tariff bill? Will the Senator not add to that that it was lonuer well knows that many of those amendments .are mer~ly techni­ before the Finance Committee and longer before the Ways and cal, and many of them wQuld apply to a single section, which Means ·Committee. and longer before a Republican House, than would involve but one principle. Tlle Senator well knows that any other tariff bHl in ·the history of the country? ' Seniitors qn the other side have occupied three, four, and :five Mr. KELLOGG. I think that is quite true; I think it was. }lours co:Qtinuously talking about .one amendrnent which any­ Mr. POMERENE. Then it would seem that while we on this body coQld discuss lntelligently in 15 or 20 minutes. The Sen­ side of the Chamber may be charged with certain responsibility ator .well knows tbat the ranking Democratic member on the for 1:he delay, the Republicans on the other s.itle of the Chamber Finance Committee l1as parceled out the defense-or the fili­ axe also chargeable •with very much greater delay. buster. The .Senator .from Massachusetts [Mr. WALSH] was Mr. KELLOGG. Oh, no; I would not admit that. The solec;ted to fight the agr,icultural .schedule because the other Senator must remember that the time during the entire 1aAt Senators would not or dAred not do it and wanted to vote for sessign was taken up until Thanksgiving with the tax bill it. AnothN' Senator would be elected for sometbing el e, The 'Senator must remember that about the time the tariff' bill three or fo\lr of them at a time, to t~eep the ,thing going while was ready to be reported treaties of very great importanee to thP. others were r e.:;;1.. pg up (luring .the night s~ssions. You can this country and to th(> world cume before the Senate and :p.or make .thi ' count ry oelieYe tnat tho ~ e debates, day after o~cupied pearly two months' time. The tariff bill was re-

• 1922. CONGRESSIONAL RECORD-SENATE. 10003

ported to the Senate on the 10th of April. The committf~e That is, the Democratic side- ga•e 10 days thereafter for the leaders on the other side to understand that the plan of the majority is to allow consideration of prepare for the debate. That was not unreasonable, of course. the pending bill to occupy a long time in the Senate, to permit it to The debate started on the 20th of April and has lasted now drag along for months and months, and then the bill will go to con­ ference, and it will then stay in conference during and until after the for 10 or 11 weeks and only some 300 or 400 amendments have election. been adopted. l\lr. EDGE. l\1r. President-- The Senator from Mississippi declared that such was the pur­ fr. KELLOGG. I yield to the Senator from New Jersey. pose and the plan and the intention of the Republican majority. Mr. EDGE. I think the Senate is not alone concerned with Then he continued: the time that has already been consumed but with the pros­ I wish to say, however, that if this tariff bill must be passed and pect that in the future it would seem there is no possible limit forced upon the American people, we want to see it gotten out of the way, and if the Senator from Utah and bis colleagues on the other side to the time to be consumed and when a vote may be taken. of the Chamber will stop filibustering and unnecessarily delaying the • l\1r. KELLOGG. I am coming to that. The Underwood law bill, we will let them pass it and we shall get away from here, so that was before the Senate only seven weeks and disposed of some they will not be allowed to carry out their scheme of letting the bill die in conference while they extort from the large interests campaign 600 amendments, which the committee made, and of the bill contributions in order to elect the House of Representatives. itself. Here we have disposed of some 300 or 400 amendments alone in over 10 weeks, and at this rate it would take 50 or 60 After the Senator from Mississippi bad concluded. I asked weeks to dispose of the bill. then for unanimous consent that a vote should be taken upon l\fr. POlHEilENE. Mr. President-- the tariff bill on the 1st day of June, which was about two Mr. KELLOGG. I yield to the Senator from Ohio. weeks in advance of the day upon which the Senator from Mis­ l\lr. POMERENE. I notice in this morning's paper that the sissippi was speaking. Promptly there rose upon the Demo­ Finance Committee on yesterday had agreed upon a good many cratic side first the Senator from Georgia [Mr. WATSON] and amendments to the cotton schedule very greatly reducing the then the colleague of the junior Senator from Mississippi [l\lr. rates. I am very glad that they have awakened to the neces­ WILLIAMS], each objecting to any such unanimous consent for sity of making some reductions in those rates. While the the fixing of a day upon which the bill shall be voted upon. Senator from Minnesota is complaining about the time taken Since that time, l\fr. President, in seven weeks of debate, we on this side of the Chamber, will be not tell us how many more have passed upon about 200 out of 2,000 amendments. The changes the Republican members of the Finance Committee are total number of amendments already acted upon will not equal going to recommend? Possibly we can tell something then more than one-third or one-half of the total amendments to the about the length of time that will be required on this side of bill. So far as progress is concerned, we have made no progress. the Chamber. There is no end in sight. We have already consumed about l\lr. WALSH of Massachusetts. May I say that 700 amend­ three months in the consideration of the bill, which cam,.e· to the ments have already been considered? Senate on April 11, a longer time by far than was consumed Mr. KELLOGG. I am informed by Senators who have been with regard to the Underwood tariff law, which came to the here during other tariff del1ates tba t in every instance the Senate on July 11 and passed the Senate on September 9, 1913, Finance Committee bas reported many amendments while the or with regard to the Payne-Aldrich law, which preceded the tariff bills were under consideration in the Senate. I have not Underwood law and which came to the Senate on April 19 and had much legislative experience myself. passed the Senate on July 8, 1909. . But, Mr. President, I did not rise to discuss the merits of Mr. President, I hazard again the challenge to my friend from the bill. I hope the Finance Committee will make amendments Mississippi that he join with me now in a request for a unani­ where they think they should be made. I certainly shall n,ot vote mous-consent agreement to vote upon the bill and upon all for amendments, wherever they shall originate. if in my opinion pending amendments and upon all amendments that may be the rates proposed are too high. I have voted against a good offered on the 1st day of August next. I now suggest the many such already. I do not expect every Senator to agree absence of a quorum and shall renew my request for unanimous with me. consent to fix a day upon which to vote on the pending tariff Mr. WALSH of Massachusetts. Mr. President, will the Sen­ bill when a quor:um is secured. ator yield? :Mr. ROBINSON. Mr. President, I object. It will not be The PRESIDING OFFICER (l\Ir. SHORTRIDGE in the chair). necessary for the Senator to suggest the absence of a quorum. Does the Senator from l\linnesota yield to the Senator from Mr.· SPENCER. I withdraw the demand for a quorum call, Massachusetts? because obviously the objection of the senior Senator from Mr. KELLOGG. I yield. Arkansas [Mr. ROBINSON] prevents any such unanimous con­ Mr. WALSH of Massachusetts. I understand that between sent as I hoped to secure. 700 and 800 amendments have already been considered. The Mr. STERLING. I submit an amendment intended to be Senator states that he is willing to vote for a decrease in the proposed by me to the pending bill, which I ask may be printed rates when in his opinion the rates fixed by the committee are and lie on the table. too high. How many times has he voted against committee The PRESIDING OFFICER. The amendment will be amendments? printed and lie on the table. Mr. KELLOGG. Oh, I could not say. I have voted a good Mr. CARAWAY. l\fr. Pre ident, among the names signed many times. to the petition for cloture are those of Senators who have Mr. WALSH of Massachusetts. Has the Senator voted more been absent so much that I doubt if the doorkeepers knew than three times against committee amendments? them when tl1ey returned. 1\Ir. KELLOGG. Oh, yes; I have voted against committee The Senator from Minnesota [Mr. KELLoGG], to show how amendments a good many times since the debate started. time ought not to be wasted, repeated one statement five dif­ Mr. WALSH of Massachusetts. The roll-call records do not ferent times in the lecture be read the Senate to-day. show that Senators on the other side of the aisle have voted The Senator from Minnesota [Mr. KELLOGG] discussed the very frequently against committee amendments. bill once. The chairman of the committee, the Senator from Mr. KELLOGG. Well, I think I have done so. North Dakota [l\Ir. McCUMilER], then apologized ·when the Mr. President, what I started out to say was purely on the Senator was through because be talked about matters not question of the reasonableness of the debate that has been going before the Senate. He said the Senator from Minnesota on. I do not think the cloture would cut off reasonable debate. wanted to discuss the particular schedule because he \Tas I think, with the general debate which has been bad upon the going away. He had come in, you know, and wanted to make entire bill, that if each Senator can discuss it an hour more, it a political speech and catch the next train out. As I said, is a reasonable time to discuss the bill and to bring out all the chairman of the Finance Committee apologized when the those features and lay them before the country. I want to be Senator frorn Minnesota was through with a speech which fair. I hope the Senate some day will adopt a more reasonable the Senator from Minne~ota made out of order in discussing rule that will, after a certain length of time, allowing each matters not before the Senate. Senator full opportunity to debate the merits of the bill and l\Ir. KELLOGG. l\fr. President-- each amendment, bring to a close that debate. 1\fr. CARAWAY. I yield to the Senator from Minnesota. Mr. SPENCER. Mr. President, on the 16th day of May the Mr. KELLOGG. I discussed the agricultural schedule. Does junior Senator from Mississippi [l\Ir. HARRISON], in speaking of the Senator say that was not before the Senate? the delay upon the tariff bill, with great vehemence and earnest­ Mr. CA.RA WAY. The schedule before the Senate was the ness declared that the fault was upon the Republican side of chemical schedule. I suppose the Senator did not know it, the Chamber and that the Demorratic Senators were exceed­ because I do not think he bad been here often. He was only ingly anxious to vote on the tariff bill and to get through with interested for political reasons in the agricultural schedule. it. He said on the 16th of May: 1\Ir. KELLOGG. That is an entirely gratuitous and insult­ Of course, we- ing remark, and the Senator knows it. 10004 CONGRESSIONAL RECORD-SE.L ATE. JULY 6,

Mr: CARAW .AY. Was the Senator here for a week before The PRESIDING OFFICER The Senate wlll be in order and he made his speech? the galleries will observe the rule of the Senate. Mr. KELLOGG. The Senator knows I was here e'Tery day. l\fr. CARAWAY. 1 do not like to charge the Senator from Mr. CAR.A WAY. Was the Senator here for a week or 10 Minnesota with bad faith. Yet I know if the Sena.tor had been days before he came in to make his speech? here he would have voted to permit the House to adjourn untiJ Mr. KELLOGG. I was here. the 15th day of August. If Senators on the other side should l\lr. CARAWAY. Did the Senator leave that day? secure the adoption of a cloture rule and should pass the pend­ Mr. KELLOGG. I did not. ing tariff bill to-morrow, the Senator from Minnesota knows Mr. CARAWAY. When did the Senator go away? that that bill could not be sent to conference until the 15th day l\Ir. KELLOGG. I was only away two days. of August. If Republican Senators in fact wanted to pass this l\Ir. OARAWAY. I did not ask how long the Senator wu.s measure, as they now say they do, why was it that the Presi­ 'tlway. When did the Senator go away-the next day? dent of the United States, why was it that the leaders of the Mr. KELLOGG. Two or three days afterwards. I was awny Senate and of the House, by unanimous consent, agreed that • two days and that was all. the House should adjourn until the 15th of August? Such ac­ Mr. CARAWAY. I am not complaining, because I do not think tion is in bad faith and the country knows it, if this bill is the country lost any great thing when the Senator was away. desired passed now. Mr. KELLOGG. I made a speech on the agricultural schedule. The Senator from l\linnesota said he was willing to go to Mr. OARAWAY. I know what the Sen~tor made his speech the country. The Lord knows he will go to the country, aud ab-0ut, and I know that that schedule was not before the Senate the country will be glad when it gets a chance to speak. The at the time. Now the Senator complains about Senators talking Senator from Minnesota knows when he is talk'ing about the and talking and tnlh.'ing. I know and the Senator knows, if he country wanting action that he consented that there should be was here, which I doubt, that yesterday and the day before the no action: on this tariff bill in conference before the 15th day time of the Senate w-as taken up largely in discussing nuts. I of August. I know that the country knows that because the know of no better subject for the Senator to have stayed here country knows the Senator from Minnesota consented that there and engaged in th~ discussion of, but he was not heTe, evidently. should be an adjournment of the House until the 15th day ot I know that for hours the time of the Senate was consumed in August. The Senator from Minnesota knows and the country discussing that question, and yet the Senator says any ques­ knows that with the House of Representatives not in session tion can be di. cussed intelligently and fully in 10 minutes. All there can be no conference on the pending bill. Therefore the of the discussion on the subject of nuts was by Senators on the cheapest kind of gallery playing that I have seen is when the oth'er side of the Chamber. The junior Senator from California Senator from Minnesota talks about his anxiety to O'et imme­ [Mr. SHORTRIDGE], who new so. elegantly graces the chair, made diate action, and the Senator from Missouri [Mr. SPENCER] asks several speeches, eloquent speeches, learned speeches, and his unanimous consent for a vote on the 1st day of August, when colleague, the senior Senator from California [Mr. JOHNSON] each of them assented that there should be no conference on addressed the Senate many times on that subject. The Senator this bill before the 15th of August. from Oregon ["Mr. McNARY] addressed the Senate on the same subject and many others discussed that subject intelligently. Oh, why waste all this time to call the attention of the Mr. KELLOGG. May I ask the Senator a question? country to the fact that Senators on the other side of the Mr. OARAWAY . . Certainly. Chamber know the bill is bad and they do not want to pass l\Ir. KELLOGG. Was the Senator from California talking it. I do not care what individual Senators say. They may about the chedule that was before the Senate? go back and count the tin1e consumed in debate, as disclo ell Mr. CARAWAY. Yes, sir; he was doing what the Senator by the RECORD for the last week or 10 days, and they will from Minnesota did not do. He was talking about the matter find that three-fourths of all tbe discussion-all the time before the Senate; but when the Senator from Minnesota wasted-has been on the other side of the Chamber. I said "time wasted." I will take that back, l\fr. President. I do taUu; it L about ~ ometbing el e. That is what I am referring to. Mr. KEI;LOGG. Did the Senator from Washington [Mr. not know that the time was wasted. The party in power, JoNEB] talk about something that was not before the Senate? which is going to the country, ought to have an opportunity l\Ir. OAR.A WAY. No. He did what an intelligent Senator to exhibit its incapacity t.Q the country so that the country w ually does. He talked about fish when the subject of fish may pass upon it. The people are doing that. was before the Senate. The Senator from Minnesota when the The Senator from Minnesota said in his brief stay with us, chemical schedule was before .the Senate talked about agricul­ just before he was ready to leave, that tbe country had ture. That is what I am complaining about, that the Senator weighed the Senate and was tired of it. Well, that is one from Minnesota should read SenatoTs a lecture about intelli­ statement to which the country is going to say "amen." Since gently di n ing schedule before the Senate when the only the Senator from Minnesota became a l\fember of the Senate-­ tariff speech I have heard him make was about a schedule I will not say it is solely on his account-but since be has weeks in advance of its being reached in the consideration of become a l\lember of the Senate he says that the Senate has th bill. sunk lower in the respect of the country than ever before. 1\Ir. KELLOGG. The agricultural schedule was reached He is right about that; and until the party now in power wi thin a few days. gets out there never will be any respect for the Senate nor Mr. OAR~ WAY. Oh, if the Senator will look at the date of for the administration. There is reason for that statement his peech, which he has evidently forgotten, and the date when of the Senator from Minnesota, though there was not much we reached the agricultural schedule he will find that he is no for some others he made. Of course, the country is tired of more accurate about the statement he has just made than he the Senate; it is tired of the House of Representatives ; it is was about who was running a filibuster in the Senate. tired of the administration ; and it is showing every time it l\fr. KELLOGG. Did the Senator from Arkansas suy that I gets a chance that it is going to have a change. was not here yesterday? I say, and say it with all courtesy, for I sincerely like the Mr. OARAWAY. I did not say that the Senator was not chairman of the Committee on Finance who brought in this here on yesterday. bill-I know he is honest; I know he is courageous; he is ~fr. KELLOGG. Very well. able, and yet, with all the prestige acquired in 24 years ot Mr. OARAWAY. I did not miss the Senator. If be had service in th·is body, with the administration back of hi~ been: absent I hould have been just as happy and the Senate with everything in his favor e:i:cept public opinion, he went would have been ju t as enUghtened, because the question be­ do"'ll in defeat last week, not by a restle s city constitu ncy fore the Senate was discussed, and when that is done the Sena­ but by the sturdy farmers of North Dakota. It was not be­ tor from l\Iinne ota never takes part in the discussion. cause they did not love him personally, for I am persuaued l\fr KELLOGG. There are others who· would not have been that everybody who knows him loves him and respects him; mi: ed, Mr. Pre ident. but he was linked up with a bad cause; he stood shoulder to Mr. OARA WAY. I know that. There are three or four Sen­ shoulder with a discredited party and suffered by reason of ators on the other side of the Chamber, for instance, the chai,r­ that fact and nothing else. man of the committee, who brought in a monkey show here Mr. President, sometimes I am aAtonished that intelligent wh n that wa not before the Senate by any rule of the Senate, men should think that they can fool the people all the time. though there were , ome exhibits that evidently were in order; I think it was the great Abraham Lincoln who said you could and the Senator from Indiana [l\Ir. WATSON] also had a cuckoo not do that-that you could fool all of the people a part ot clock an

tion and vote upon the pending bill 1s not going to fool any of ' prevent the destruction of the confidence of the people in la1 · the. people any of the time. and order? The Senator from Minnesota said he thought the four-poV1er Oh, how different it is if the violator of the law happens ro pact was before the Senate for six weeks or two months-I do be .an insignificant and perhaps friendless individual. In the not remember t'he exact length of time-but the treaty of Ver­ same paper and on the same page where this declaration of the sailles, with bis help, remained before the Senate for a year. President appears urging that the eighteenth amendment be He . aid that the revenue bill was before the Senate for a num­ enforced I find the following article : ber of weeks, and that is true; but most of that time was taken REABRlilST WAR VETERAN. up by Senators on the other side of the Chamber " jockeying" Charged with unlawful passession of liquor, Floyd E. Tomlin on, with each other about whether they should support one provi- 30 years old, an overseas veteran who was injured in the Argonne ion or another; and finally they got their President of the Forest, completed a brief term in Baltimore this morning for unlaw!jul United States, Mr. Harding, to write a letter to the Hou e to possession of corn liquor and was promptly rearrested and br,0ught to this city by Detective B~gby King. make it reject the amendment to reduce high surtaxes. The Following his arrest in Baltimore, it ls charged, revenue agents Hom;e, h.owe-ver, refused to follow tbe President, but followed searched h1s room in this city and seized a quantity of the corn prod­ the Senate. uct. It is stated that Revenue Agent George Fowler, jr., wa.s hired to drive Tomlinson to Baltimore to make the p11rchase, agreeing :Mr. KELLOGG. Mr. President, will the Senator yield to me? to bring the passenger and liquor here. Mr. CARAWAY. I yield with pleasure. Mr. .KELLOGG. Did I understand the Senator to say that Here, an ex-soldier, a young man who went 3,000 miles from most of the time consumed in the consideration of the :reyenue home and bared his breast to shot and shell in his eountry's de­ tax bill was occupied by Republican Senators? fense, . hed his blood in the Argonne Fore t, wanted whisky. ~lr. CARAWAY. Yes. He ·was aided Hnd abetted in this desire to get whisky by an Mr. KELLOGG. The RECORD shows that the remarks of Re­ agent, an employee of the Revenue Department, who doubtless publican Senators occupy 281! pages of the OONGRESSIONAL suggested to him the place where the whisky could be bought. UECORD, while the remarks of the Democrats occupy 411! pages He bought it and was arrested and imprisoned in Baltimore for of the RECORD. Of course, the Democrats may have talked very the possession of it. When his term of imprisonment expired, fast; I do not know as to that; but that is what the RECORD he was brought back to this city, the Capital of these united shows. States, and aga.ill will be tried, convicted, and im.pr.isoned be­ Mr. CARAWAY. Yes; and I think very likely they talked cause in bis room which was searched. in his absence was found with more sense. I hope the Senator will read that debate, be­ whisky. What a commentary on this, the greatest Government ~ause he did not stay here and hear much of it at the time. in the world, when a former soldier is imprisoned for the pos­ Mr. President, having ended this little pleasantry, which I ses ion of a quart, while the President of the United States ha\e enjoyed so much, with the Senator fJ:om l\Ilnnesota, be­ licenses and permits the sale of thousands of gallons of whiajry cause, you know, everybody loves him, I am going to make a few upon Government-<>wned property, both subject to the same remarks. I want to be accurate. They do not bear on the Constitution, both amenable to the same laws. tariff bill ; they do not have to do with cloture ; but are sug­ A.gain, the Republican Party has posed as the friend and gested by a speech which was made by the President of the guardian of the negro. It is always extremely solicit<>us for his United States on the 4th day of July. They call attention to welfare when election time approaches. The .Senate bas been a condition that exists by reason of tbe President's sanction. It treatecl recently to the spectacle of the Committee on the Judi­ will take but a few moments. ciary, by a partisan vote, reporting out the Dyer bill, simply to give Senator LoDGE the negro support in bis ·race for reelec­ PROIDBf'.IlTO~ ENFORC1JM~T. tion. They are very, very solicitous indeed of the negro; I.mt Mr. President, the man respon ible for the most open, :flagrant one negro here in the District of Columbia, 'inspired no doubt violat:on of the eighteenth amendment and the Volstead Act i by the example of the President, eemed to think that whLky the Pre ident of these United States. could be legally po essed on board ship. He is the owner of a With the stroke of a pen he could close more barrooms than boat, the Jfadison Hall. He was giving an excursion Tues­ was ever given to any other one man to do within the history of day ernning to the people of his color. In the bar was 2 gallons the world. of liquor. It is conceded that the owner was not aboard the Whether the Constitution and the law follow our :flag when Ye.. - ·el; there i" no positive knowledge that he ·e•en knew the it goes to sea is a matter now some profess to doubt. Conceding liquor was on boa1·d; yet he is to pay the penalty by the los~ of for argument sake that it does not, the President could instruct bii;: boat. worth n hundred thousand dollars. What was his of­ the Shipping Board to close the saloons on all ships operated by fense? He in a small way imitated the methods that are pur­ the Emergency Fleet Corporation. If he believes in law en­ sued by American ships, and sought to attract traffic to his boat forcement, if he wants the sale of whisky prohibited, if he by the sale of liquor. He could urge, no doubt, the same ex­ earnestly desires that all should sta:nd equal before the law, he euse that Lasker pleads when he violates the law-that you can would say to Mr. La.ker, "We will not quibble about whether not run a boat without the sale of liquor. Why should that de­ the law prohibits or permits the sale of liquor on American fense be good when urged by the Government of the United ships ; the American people are opposed to the sale of liquor for States, upheld by the chairman of the Shipping B-oard and by beverage purposes. It is forbidden by the Constitution, which an alleged oral opinion given by Mr. Schlesinger, attorney for I took an oath to uphold. It is forbidden by an act of Con­ the Shipping Board, that liquor could be legally sold a.board gres , which I signed, and therefore these bars must be American ships? But who is .Mr. Schlesinge1·? He was of the closed." firm of Schlesinger & Mayer, who were of cotmsel for all those The President 1.7Ilows, all know, that were he to give stich who opposed temperance legislation. l\iayer-Levy ~fayer-is an order Mr. Laskei· would obey it, for the Shipping Board and the man in whose hands a million dollars was placed to prevent Mr. La ker, its chairman, are the c1-:eatures of the President's the passage of the eighteenth .amendment and the enactment of creation, and as such take his orders and execute them. No the Volstead law. Schlesinger was no doubt chosen by Lai.:iker apologist for the President, however partisan he may be, can and the Pre i

' 10006 CONGRESSIOK AIJ RECORD-SEX ~tTE. JULY 6

Senator of the Vnitecl State ~ . l>oth Ilepuulicnns. I read from Iu the case of Wilson 1:. ~1cNamee (102 U. S. 572) appear a paper of recent date the following: the following: WEEK LIQUOR .-\.DVOCACY RILl:S TWO SE . TORS-FRELI!'/GHC:-YSE"l\ AXD A vessel at ea i considered a part of the territory to which it WILLIS SAY RE~IARKS OF WAR SECRl:TAl'lY HURT G. O. P. belongs when at home, and the jurisdiction of t he local overeign ovtr her and over those belonging to her is. according to the law of nations • [International New ervice.] the . a rue ns when she is in the home port. ' The "flare-back" from Secretary of War We('k ' recent utterances tn favor of beer and light wines, and' the abolition of the primary, is The former Acting Attorney General, William L. Frierson. to-day causing considerable perrnrbation among Republican Senator rendered this opinion : who are candidates for reelection. Senator Frelinghuysen (Repu1>lican) 1 of New Jersey, who is facing (2) The eighteenth amendment by its te1·ms applle to the United n hot primary contest, is especially bitter in outspoken condemnation Sta~es and to. ".11;11 territory subject to the jurisdiction thereof." Thf' of the injection by Weeks of issues into this year' Congre sional cam­ natwnal prohibition act doe. not contain any language limiting the paign, by which be bas " made unnecessary trouble." territ_orr within. which it i · to be in effect." It imply enacts th11 l Senator Willis (Republfcan). of Ohio, said Weeks's advocacy of certarn transactions with re pect to intoxicating liquors shall be un· beer and light wine and attack upon the primary bad been " exceed· lawful. and pro>ide " that an:v person " who violates its provisions ingly hurtful to his party at this juncture, and particularly to these shall be puni.shed. It i dear. therefore, thnt this legislation pre­ Members of the Senate and Ilouse who are candidates for reelection." scribes rules of law which hall be in force wherever the laws of Con· In New Jersey, where Senator Frelinguy en i::i standing for absolute gress are applicable. By virtue of the eighteenth amendment Congress enforcement of prohibition, and is being supported br the drys, it was is empowered to legislate on this subject without regard to State or stated the wets of both parties were already making political capital other li~e .' and with respect to all territor:r .subject to the jurisdictiou out of Weeks's favoring modification of the Volstead Act o as to of the l .mted State . Except, therefore. a its operation in particular permit the manufacture and sale of beer and light wines. posse sions of the United Stutes mar be limited by , pecia statutes Frelinghuysen exclaimed be was now being charged by his oppo­ applicable to those possessions, the national prohibition act is in forcf' nent with " flying in the face of the admini tration " because of his throughout the jurisdiction of the United State . The que tion then championship of law enforcement, while Weeks was being pointed out is whether it furnishe · rules of law which govern those on board a1~ as the real spokesman for the administration in urging beer and light American vessel. That it doe · not apply when the ve ·sel i in Ameri­ winE's. and deprecating the Volstead Act as it is now constituted. can waters I think no one will doubt. The question. then is whether The New Jersey enator declared the "wet" propaganda, coupled it applies when the vessel is on the high seas or in foreign waters. with Weck 's name which is now being broadcaEtted in his State, is This question, I think, can now present no serious dispute. It was proving helpful to Governor Edwards1 running for Senator on a "wet" said in St. Clair 1-' . United States (154 r. S. 134, 151) : platform, and "decidedly harmful" to himself. "A vessel registered a _ a ve ·sel of the l!nited State is in man:v respects considered us a portion of its territory, and ' persons on board If it be not impertinent. I should like to ask the President of are protected !Wd go-rerned by the laws of the country to which the these United States, the Attorney General, the chairman of vessel belong . " the Shipping Board, and the leaders of the Republican Party It follows, therefore, that persons on boarcl an American vessel wherever that ve sel may be, are governed by the Jaw of the- United in both Houses of Congress if it is a part of their program States to which they would be subjPct i! within the United States when they shall have put through a ship subsidy and have Indeed, the juri diction o! the Federal Government over them is much' tran ferred all of the ye sels now owned by the Government to broader than when they are within the United States. In the latter case. with re pect to the great bulk of criminal Jaws. they are subject prh·ate ownership, to give to the purchasers of the vessels so to the juri diction of the variou States and not to that of the United transferred a gl1aranty that they shall have with the ship States. The various date., howe;er. have no jurisdiction even of theil' and the subsidy. wrung from the taxpayers of America, a license own citizens when on the high en . For this reason Congres maY enact, and the Federal Government may enforce, criminal laws for tb'e also to sell intoxicating liquors? All know that it is the inten· purpose of punishing oll'enders for otrenses committed while on the tion of this administration, o long as it is in power, to permit high seas which it would not be within the power of Congress to make the i::tale of liquor upon American-owned ships within and with· applicable to the same offense if committed within one of the States. Thus, Chapter III of the Revised Statutes, beginning with section 5339 out the 3-mile limit as long as these ships belong to the United contain a long list of oll'en e which, if committed within one of the State . Certainly, then. the administration would not contend States, would be beyond the power of the Federal Government to that it itself could Yiolate the law, but it would refuse to permit punish, and provides that when committed upon the high seas ther shall be puni bed by the Federal Government. In such ca es it was the "Violation of thi~ law as soon as these ships became the of course, necessary to have a special statute, for the rea, on that property of priYate owners. In other words. the President of Congre~s has no power to enact laws for the punishment of murder the United States and the administration could not afford to and other offen es mentioned in Chapter III of the Revised Statutes to it is be applicable generally throughout the United States. Any lnw say that it is lawfnl, that it is right, that just and neces­ however, enacted by Congress within its powei· and made of general sary, and therefore permissible to sell whisky upon a Govern­ application is a law to which pet·sons within the criminal jurisdiction ment-owned Yessel, and wrong and illegal and therefore not of the United States are subject. The criminal jurisdiction of the United States is necessarily limited to their own territory. actual ot• permissible to sell whisky upon privately owned vessels. There­ constructive. After making this tatement Mr. Justice Field, in United fore, the American people must know that as long as this State~ i-. Smiley (6 Sawyer, 640, 645). stated the rule of law detel'min­ administration continues in power whisky will be sold upon ing the territory subject to the criminal jurisdiction of the United American-owned •essels within and without American territory. State ns follows : " ';rheir actual territory i coextensive with their po ses ions, in­ Yet I want to repeat what I said the other day, that no one cludmg a marine league from their shores into the sea. • • • The can honestly contend that every American ship that now sells constructive territory of the United State embraces vessels sailing whisky within and without the 3-mile limit is not violatng under their flag; wherever they go they carry the laws of their country, and for a violation of them their officer and men may \le subjected to the eighteenth amendment nnd the Volstead Act. The Ship­ punishment." ping Board at one time recognized that it was so, and denied It was for this reason that the Supreme Court said, in St. Clair 1•. that liquors were being sold upon American vessels. It bas United States, supra, that persons on board a ves el are protected and governed by the laws of the country to which the vessel belonged. since changed its attitude, admit the sale, and rather boasts The eighteenth amendment empowers Congress to enact laws nppli­ of it. The present Attorney General filed a brief in a case cable wherever the jurisdiction of the United State exists. The then pending in the Supreme Court of the United States in national prohibition act is a law of such general application. I can not doubt, therefore, that it applies to those on board American ships, which the following correct enunciation of law was made: whether in American waters, on the high . eas, or in foreign water , The plain object of the eighteenth amendment and the Volstead Act equally with tho e in any of the States of the 'Gnited States. was to destroy all traffic in or dealing with intoxicating liquor. Respectfully, The amendment and act cl~arly were intended to prohibit the pos­ WILLIAM L. FRIERSOS', ession or transportation of liquor for beverage purposes, whether for Acting Attorney General. consumption within the United States or not. The SECRETARY OF' THE TREASURY. The proceedings in Congress evidence the legislative intention to pro· hibit all possession and all trnnsportation except as ·specifically au- That remains the correct interpretation of the law, becau e thorized. no court has held to the conb·arr. But.this administration puts It was the unanimou view of Congre that all transportation of it elf in the humiliating position of declaring that an American liquor hould be banned. The prohibition on transshipment of liquor will not be read out of ship is not subject to American law ·, not amenable to any act the act on the ground that a applied to such tran ·hipment it has of Congres . It would follow, of course, that American com· extraterritorial effect. merce upon the seas is not entitled to the protection of the law. The Supreme Court, in u ca e handed down May 15. 1922, One inevitably follow the other. This administration declare Grogan against Walker, said: in its acquiescence in the conclusion that a ship is above the The eighteenth amendment meant a great revolution in the policy of law; that it is a ..,o-vereignty within a sovereignty, and owe no this country, and presumably and obViously meant to upset a good allegiance to the Constitution and the laws. many things on as well as off the statute books. It did not confine The following sample of advertising that i now flooding the itself in any meticulous way to the use of intoxicants in this country. It forbade export for beverage purposes elsewhere. True, this dis­ country foretells what i to follow such a cour e. Here is a couraged production here, but that was forbidden already, and the pro­ sample: vision applied to liquors already lawfully made. See Hamilton i·. EUROPE BROUGHT TO ~1ilW YORK CITY. Kentucky Distilleries & Warehouse Co. ( 251 U. S. 146, 151 N. 1). It is obvious that those whose wishes and opinions were embodied in the We reiterate that the purpose of this ves. el is to make available to this communit~· samples of European entertainment; a world novelty amendment meant to stop the whole business. of fascinating interest bt·ought close to New York City. The first and In the case of Cornelli against 1\foore, on January 30, 1922, only opportunity for millions of Americans to experience tor themselves tbe atmosphere of Pal·i , London, Madrid, and Pekin truly represented. appears this language: If tbe serving of genuine wines, beers, and champagne is a. natural Section 3 is comprehensive in it prohibition, and it takes pains to and lawful part of urh entertainment, such serving will not constitute provide that it shall have such liberality of con truction a · to achieve the object of the American reereation vessel, but it would be an appro· its declared purpose. 192.2. OONGRESSIONAL RECORD-SEN.ATE. 10001 priate incident in fill atmosphere of festivity, enchanting orchestra- ~ This resoluti-0n was .t.ndorsed by the following local unlons of 1ions, the most beautiful of Europe's women, selected for their at>tistic Vineland: ability as ~onents of classic and tancy daneiD~ and operatic singi:ng, Local Union 'No. 44, American Flint Glass Wovkers, 340 and a .feast prapared by the best ,chefs :from abroad. ' members; Local Union No. 132 Amemc.an Flint Gla.ss Workers, .280 members; Local No. 620, Carpenters and 'onsid€r the -viciice president; Estrella Cum­ these lfnited . tates in his Fourth of July declaration proclaims mins, secretary. that the '\iolation of the eighteenth amendment breeds contempt for all law; but no doubt he gave utterance to that 'llOble senti- · _The VICE PRESIDENT. The question is on agreeing to i.he [Mr. ment with th~ reservation that the violation of this law by · amendment offei-ed by -the Senator from Washington the poor, the ignorant, and the he1p1e. s is to be condemned, .TOI'SES] to the amendment of the committee, which the Secre­ but tl1e violation of this law by the rich, powerful, and pleasure tary will state. loving, the . ocial elite, is to be commended. The 'President of · The ABBIS'.MNT SECRETARY. On page 102, line 19, in the com­ these United States provides a prison fo1· the one and a ship mittee amendment relative to .fish, after th-e words " 2 cents Joaded With fine liquors for the other, and yet be is the Presi­ per pom:;id," it is proposed to insert the following proviso : dent of these 'United States and of all the people therein-the Provided, That_J'.rom and after 90 days after the enactment of this rich, the poor, the high, the low. He smiles on one, however, act no fresh or rrmien halibut, salmon, or swordfish from th~ North Pacific Oce9.ll or its tributary waters shall be admitted into the United arn1 mites the other. One man is ordered to jail for possess­ States through any foreign country, except when the same shall l:>e in ing a quart; the other may ·reel in his drunken i·evelry on bond from an American port. board ~hip owned and operated by the United States -and under Mr. KING. May I inquire of the S-enator from Washington the eontrol of the President uf the United States and be eom­ whether that is prohibitory of the importation of those fish? mentled. Mr. ..JONES -0f Washington. Not at alL Such is Jaw and such is sentiment as long as Warren G. Mr. KING. They have to be received in bond? Harding is President of the United States and Harry M. Mr. JONES of Washington. Yes; to come in in bond if Daugherty is the Atto1·ney General. "But against this all coming from an American port. In other words, if fish are Christian America.us protest. gathered .at Ketchikan, they ,can be bought there and sent to :\Ir. ::UcCU1iIBER. Mr. President, :I have deemed it inappro­ Prince Rupert and on over the Canadian Pacific in bond to the _priate for me at this time to give any expression whatever eastern market. concerning the late primary election in .my State, but the Mr. KING. I am not sure that I .understand the significance statement of the Senator from Arkansas [Mr. CARAWAY] just o.f the amendment. As I interp:reted it, as it -was read by the made to the effect that this election reflected any \iew upon ihP Secretary, it would seem to prohibit the importation of any of pending tariff bill was so wide of the mark that I feel I cau the class of fish referred to unless they come in bond. not let it .go by without correction. Mr. .JONES of Washington. They come through a foreign I desire to state now that the tariff ~ill and the tariff ques­ country in bond to the United States. They must start in boud tion were ne\er considered in the slightest degree in .the 1."eCent from an Ameiican port. conte t in the State of North Dakota, and -you will look in Mr. McCUl\ffiER. When they are caught, if they _axe sold in Tain through the press of the State or through public utterances a Canadian po1·t they can not be shipped into the-United States for any indication that was an issue in the State. at all. ::\-Ir. President, there are some things that are worth more Mr. JONES of Wa.,hington. Certainly; they must be taken to to an honorable man than the retention of-a seat·in,the Senate, an ,American port. and one of them is the retention of a clear political conscience Mr. MoCUMBER. They must be taken to An -~erican port -and the realization that he has sto.od by what bis judgment out there. 1and sense of right indicated was the proper comse. .Tllat Mr. JONES ,of Washington. That is exactly what we want eour .~ e I have followed, Hnd I am expressing no regret what- to have done. That is what the Canadian have been doing in ver that in choosing between the two my decision was in reference to· their ports ifor a good Jong while. fa\or of retaining my own convictions of right and propri- Mr. Kll~G. Af3 I understand it, if an American ii herman ty. There may be a time when I will express what the real should catch .fish opposite Canadian territory and take them issue was in my State, but if I do it will only be because there and ham them cured or -salted and ship them to the it may have ~ome -bearing upon questions of general public­ United States they could not be received .at all except in bond, interest. to be transshipped to ome other country, even should he pay Mr. FRELL~GHUYSEN. Mr. President, I ask unanimous the ta1iff? consent to have printed in the BEUOlID and referred to the Com­ Mr. JUNES of Washlngton. He can take them to an .Ameri­ mittee on Finance certain resolutions -adopted by the Vineland can port; the .American port is nearer the -fishing grounds than Central Labor Union and indorsed by v.arious other labor or­ any Canadian port. ganizations in favor of a protective tariff. .Mr. KING. ·Suppose an American .fishennan, or a Canadian There being no objection, the resolutions were refeued to fisherman, for that matter, should make a catch of fish, land the Committee on Finance and ordered to be printed in the rthe fish, and cure them 'Upon Canadian soil, intending to , hip R~·ORD, .as follows : them to the United States .for use in the "Cnited States after CENTlUL LABOR UNro-Y OF VINET.A m, N. J., they were cured. As I understand 1:he amendment, he would AFFILIATED -WITH THE AMERICAN FEDER.&.'l'ION OF I.r..ulOR, be forbidden from doing that, e'rnn though he rwere willing to Vitiela-nd, N. J., June ~. l9!2. pay the tarnT. .Senator JOSEPH FBE.LINGRUYSEN Mr. JONES of Washington. He probably wouM not land Senate Otrtce Building, Wasfiiu.gtou, D. 0. them there. He would land rthe.m a:t Xetchilrnn. Of course if MY DEA.R SEN.\TOR: At the regular meeting of the Vineland Central Labor Union, held Thursday, June '29, tbe following resolution was this amendment is adopte.d, if .he saw :fit -to land them at Priiice .adopted: Rupert he could not ·send them into the l:Jnited State. in bond . "Whereas many "Workers of tbls country haYe been out of employ­ Mr. KING. But con.Id be send them into the United States ment for many months; and for use in the United States by paying the tariff? " Whereas cheap goods are coming into our ports nom Europe in competition with American-made goods, but sold to 'the consumers at Mr. JONES of Washington . .1.~o. All he would have to

.Mr. KING. It practically provides, then, that an American, titled to have war supplies sent to them in abundance. It was or a Canadian, or anybody else, who catches fish anrt lands necessary to keep them supplied with the sinews necessary to them upon Canadian soil or Mexican soil, where they are win that war. The suggestion was made, I say, in time of war, cured, may not ship them into the United States, even by the that some form of limitation be placed on debate. But what payment of the tariff duty? do we find to-day? In the aftermath of the war, in peace times, l\1r. JONES of Washington. Yes; that is what it provides. if you please, we find . the Republican side invoking cloture to That is exactly what the amendment says. hasten the action of the Senate upon the most obnoxious, the l\lr. KING. What becomes of the Senator's idea t>f some most objectionable, the most oppressive and tyrannical tariff sort of freedom of action, freedom of contract, freedom of measure ever presented to any legislative body. trade, when you are willing to pay the tariff duties which are Who invokes this cloture in the Senate? Is it the American imposed? man and woman who is going to have money taken out of his l\lr. JOl\'ES of Washington. Mr. President, there can be no pocket or her pocket by the operation of this law? Is it the practical difficulty about it. · masses of the people who, by the provisions of this bill, have Mr. KING. But it is the principle involved. It seems to me the very salt that goes in their bread taxed? Are they asking .it is a monstrous proposition to say that, although I am will- for cloture that you may hasten this pillage and plunder of ing to pay the tariff, if I happen to land the fish which I caught them? No, Mr. President; not they in the rank and file out in Newfoundland or some other part of Canada, or Mexico, or yonder, who are never consulted by your party. It is the tariff in Cuba, and they are cured or iced, and I am willing to pay barons, who are going to contribute to your campaign funds the tariff imposed by law to ship into my own country, I can the sinews of political war for the coming election. They are not do it. bidding you invoke cloture in this Chamber. Mr. JONES of Washington. I think probably I made my The Senator from Minnesota [Mr. KELLooo] told us this statement a little too broad. If they are impbrted from Can- morning that the question was whether we would do the busi­ ada, entered at the customhouse there, without being shipped nes of the people or continue to drag along. The is ue squarely in bond, there is nothing to prohibit them from coming in after up to the Senate is whether you are going to do the bidding paying the tariff. It is only when they are shipped in bond of the boodle bosses in America or stand by the ancient land­ that they are prohibited, except as they come from an Ameri- marks which have preserved law and order in this country can port. on many occasions in the past. l\lr. KELLOGG. The amendment provides that they can not Bolsheviks are made by your administration, by the injustice be ·hipped here at all, except in bond, from an American port. that you show through governmental favoritism to one cla s to That is the point. It absolutely prohibits any importation of the great injury of another class, by the employing of the tax­ fish from Canada unless they first come into Canada from an ing power to enrich one group of people to the impoverishment American port in bond. That is what the amendment says. of another. Anarchists are springing up, socialists are multiply- Mr. JONES of Washington. · I ask that the amendment be ing, Bolsheviks are increasing, and here you are undertaking read. to increase still further their number by shutting off free l\lr. KELLOGG. If the amendment had named Canada, speech and putting through under wbip and spur this miserable which is intended, of course, it would be a violation of every and monstrous tariff legislation. treaty we have. · Senators, this performance will rise up to haunt you in the l\lr. JONES of Washington. It is no more in violation of a years to come. It wi11 be a specter that you will point to many treaty than the action of Canada is in violation of a treaty. It times and say, "We did wrong when we invoked the cloture i a very strange thing that foreign countries can do things to rule to tax one class to enrich another." Why are you invok­ us and not be violating a treaty, but we can not do things ing it? Are you invoking it to pass a bill that will require those against them without violating a treaty. who control the fiscal policy to let money sufficient go out where l\lr. KELLOGG. With all that -the Senator read. he has it is needed and credit be extended to those who must have it not read a single article that I have heard which indicated a to carry on their business? Not a bit of it. · In whose name do prohibition of the importation of fish into Canada. you invoke it? You invoke it in the name of 4,000 tariff barons. Mr. JONES of Washington. I read many discriminations. 4,000 men who are going to be made as rich as Crresus by the Of course, I am not trying to find just the specific example of operation of this proposed tariff law. action upon the part of Canada exactly like ours. I would like Mr. President, the Republican leader of the House boasted to have the amendment read. I want the Senator to note the the other day in a newspaper statement that they had saved exact· language of it. or taken off of certain taxpayers $900,000.000. When I read The VICE PRESIDENT. The Secretary. will reatl the I those lines I said. "Yes; they have taken off of the big million- amendment to the amendment. aires, those most able to pay taxes, $900,000,000 and more, and The ASSISTANT SECRETARY. On page 102, line 19, after the I they are undertaking in this Yery bill to put that and much wonls "2 cents per pound," in the committee amendment, add I more upon the backs of the people who are least able to pay the fOllowing proviso: taxes." I would that the American people knew exactly •vhat Pro1: ided, That from and after 90 days after the enactment of this is going on here. There never has been a time in the history act no fre h or p-oze~ halibut, salmon, or swors through any foreign country, except when the same shall be in e at10n s ap1tol as it does to-day. I would to God that the bond from an American port. people knew the absolute truth. l\lr. JONES of ·washington. The amendment expressly de- Look at your newspapers, just filled up with column after clares that they shall not be admitted into the United States column of propaganda demanding a ship subsidy. Here you are through a foreign country except when they are bonded from with a bill which seeks to put upon the backs of the American au American port. That is exactly what we desire to do. It masses more than $3,000,000,000 of taxes upon the necessaries is exactly what our Democratic friends sought to do in the of life. You take the taxes off of luxuries and you are putting "Cnderwood-Simmons Act when it was pending here, and it was them upon the common necessities. You are driven now to a very patriotic thing, in my judgment. great lengths in your desperation. Fearing that those who hold Mr. HEFLIN. Mr. President, more important than the pro- the purse strings for your campaign fund will not give you tection of fish in the Pacific Ocean is the protection of tne money to go out and try to buy seats again, they are able to right· of tlle American people in this body. We have to-day make you come into this body, into this historic Senate Chamber witue sed a strange spectacle. The Republican Party, in con- of the United States, and invoke the cloture rule to cut off trol of the Congress and the executive branch of the Govern- free speech, to kill debate, to suppress amendments, to t ie the ment, comes here with a resolution to suppress free speech in hands of those who dare to speak in this body for the rank thi body. It has been the boast for a long time that meas- and file of th" American people. uref': might be hastily considered in the House, but in the Sen- That is what we witness here, l\lr. President. The Senator ate there was full, free, and unJimited discussion; that this from Massachusetts [Mr. LODGE] told us that in his long erv~ was, indeed, a deliberative body. But we now find the cohorts ice here be bad witnessed eight tariff discussions, but that in control growing impatient, seeking to apply House rules to this one bad extendecl over a longer period of time than any the Senate and to destroy this as a great deliberative body, other. Well, Mr. President, that is easily accounted for. There to suppress free speech, if you please, for that is what it means. never has been a bill that had ·o many objectionable features When we were in the majority the present Democratic jammed into it as has this bill. Look l'low long it took on the leader, my colleague [Mr. UNDERWOOD], offered a suggestion to House side to frame this thing up. It was a monstrosity when limit debate at a time when this country was involved in war. it came over from the House, and here you are with your com­ .Rights and liberties of the people were involved and imperilled. mittee sitting for months and months and months behind It was sought then to make it possible to secure speedy action closed doors, with not a Democrat present, working out your on war measures because the boys on the battle front were en- scheme, agreeing upon your schedules, putting them in the 1922. 00 iflRESSIO:N_AL REOORD- SEKATE. 10009 bill, and bringing them into this body. We never knew what from Ollio [)lr. WILLIS] when they said that the tariff bills was in it until you submitted it. We have been reading it away back yonder ·were disposed of in 10 days' time or two or and trying to change it, and have changed it in some instances. three weeks, and another in a month or five weeks, that one and we want an opportunity to show where you are wrong, of tho ·e bill-· had onJy 100 items in it, and another one a to show the people whose Government this i:" that you are hundred and fifty item or two or three hundred items, or some­ oppressing anc:t robbing them, and now we haYe you whipped to thin0· like that. Here we have a bill with 4,000 items in it and a . tandstill in the forum of fair debates in the Senate. You over 2,000 amendment that you have suggested yourselves, are whipped before the American people. A large portion of and then yon talk about somebody on this side trying to the pres is lashing you for the provi~ions contained in the filibuster. We are not filibustering. We are simply making a bill, and now in order to jam the thing down the throat of game fight against the nefa1ious and obnoxious and oppressive the American people you are going to pull down the curtain .. , provi ·ions of this wry bad bill. blow out the light.. , and ram it down their throats without ~fr. President. complaint is made that a good deal of time letting them 1."D.OW what is in ir. Then you will go to the was eon. urned in discus ing candy and nuts, and candy with country and try to fool the people by saying that you have nuts in it. I ~ aw you Republicans put an almost prohibitive done this thing in the interest of the people. tax on those items. I thought of the saying, " It is like taking Here you come into this Chamter asking for a cloture rule candy from a child." I saw the Republican Party literalJy at the behest of the tariff barons who have alway flourished take candy from thou.;ands and hundreds of thousands of when your party was in control, while the masses of the people the children of the Dnited States. The price will go up and up. were made to suffer in many way . You make it difficult You have made times so hard that they can hardly get bread for them to get the common neces itie of life. You take the and meat, and when they want a little Something sweet with tax off of the luxuries, you take the taxes off of the back of some of these deliciou -· nut , the heavy tax hand of the Re· the big income-tax payer, and then with a flourish of trumpets publican Parry i laid upon that item, and because we pro­ boast that you have relieved them of $900,000,000. Then tested against it and fought for the children of America, mil­ you come in here without the slightest tinge of regret or shame lions of them, you criticized and scolded us. upon your faces and write into a tariff bill taxes that will 1\Ir. President. what should we do? Should we sit down here wring from the masses of the people more than $3,000,000,000 and say. "All right, go ahead and pass your bill; we know it i:; a year. You have taken it off of . those most able to pay it wrong; we know it is wrong for you to tax salt; we know that antl put it upon the backs of those least able to pay. ·alt ought to be as free from taxes as the air that we breathe; ~Ir. President. tlte Senator from Minnesota [l\fr. :KELLOGG] you ought not to be permitted to put a tax upon the salt that saifl the American people are sizing up the Senate. Thank saves and easons meat and goes into the people's bread." Are God for that. They are sizing up the Senate! It is time that we to it here and say nothing and permit you to do it without the American people were waking up to what is going on in entering our protests? Should we permit you, without making their Senate. Sizing up the Senate? What will their judg­ a protest, to tax the knife and fork with which the man and ment be of this cloture move on your part? Cloture rule'? the woman and the boy and the girl must eat? Why should You sat here with your lips sealed and your arms folded and you be permitted to take money out of my po~ket for a knife permitted the House, a Republican House, to adjourn and go and a fork with which to eat in order to sustain life that God off to look after its political fence , playing politics when we has given me, in order to make the man who manufacture are here wrestling in the heat of the summer with the most the knife and fork a billionaire in the United States? What damnable tariff measure ever foisted upon a free people. Yet right have you got to do that by law? If I permit a man to you permitted the House to adjourn. They are gone for a do that to me in a private transaction that is quite different, month and a half. When you know the House can not consider but any party that will employ the taxing power to make one this bill until the 15th of August, even if we should pass it, man rich and another man poor deserves to die at the hands of we find you bringing in here a cloture program to kill debate the .American people. What right has the Republican Party in this body. to do that? The Senator from Minne~ ota says the people are sizing up The Senator from l\lin.nesota [Mr. KELLOGG] said that the the Senate. They are. I want them to continue the izing-up opinion of the American people of the Senate was not flattering. process. The more they size you up the fewer of you there are Are Senator surprised at that? I saw Senators on the other going to get back here. side of the Chamber vote to sell a seat in this body ; they bar­ Mr. President, the junior Senator from Mississippi [l\fr. HAR­ tered it just like a man would sell a commodity in the market RI o:N"] threw out a suggestion this morning that deserves seri· pJace. Are Senators urprised that the opinion of the American ou · consideration. What mysterious power is it that is em· people of a party that will do that is not flattering? ployed on the Republican side to take a man who comes in here l\Ir. President, the seats in this body are supposed to be occu­ a red-hot progres ive, with a good many Democratic convic­ pied by two Senators from each of the sovereign States of this tions and principles in his make-up, and cause him to be hypno­ Union. Those Senator are supposed to stand here and defend tized and go to sleep, and when he wakes up he is a hard-and­ the rights and the interests of their people and to protect this fa~t reactionary, hard-boiled standpatter? What is it? What body and this Government against aI;l enemies, both foreign ancl power is it, Mr. President, and who is it that can wave the domestic. When somebody buys a seat in the Senate and the magic wand over the eyes of those who come in thi fashion question is put to the Senate and the Senate ratifies the sale, and put them into the long sleep that brings complete obedience do Senators blame the American people for having a poor opin­ to the commands of the standpatter who control the Senate ion of the Senate that did that? The party that will do that to-day? Talk about progressivism. It is dead in this body on ought to be driven out, and I pray God they will be when the the Republican side exc-ept for a handful, a we see it, in four election time comes. Is it any wonder that the people have a or five Senators over there. We do not hear progressive notes poor opinion of the American Senate when it will do that? and forward march orders sounded now except on the Demo­ Following that, what do we see? We see a tax bill brought cratic side. There are only a few progressives left on the other here, after the tariff barons have gathered like vultures on the side of the Chamber. Most of them are old-time, standpat re­ batfle plain, where the oldiers stricken down, their lifeblood actionaries. They ju t sit there and when the big interests oozing out, with nobody to defend them, lie helpless ag"ainst the say. "Cloture," they say, "Cloture" is the word, and they all assaults of the-·e vicious vultures. There they gathered. One " clote " at once. [Laughter.] could hear the whir of their wings; the air was thick with Bob Taylor used to tell a story about nine brothers who all them, and the ·ky was black as they gathered fru· the fea t. slept in one big bed, and when they got ready to turn over That is what we witne sed here in the gathering of these one of them would holler " Spoon ! " and they would all turn hungry and merciles · tariff barons. The Senate Finance Com­ the same way at the same time. He said one day one of tltern mittee met in the committee room. These men swarmed up was out on a springboard reaching out over the rivei.· where and down the corridors ; they hovered around the doors of the the water was l 0 feet deep. He had gone out there fishing and committee room. They were admitted. Each one told what was lying on hi che t and had gone to sleep. One of the boys he wanted. Where were the poor fellows out yonder upon whom on the bank saw him out there and hollered "Spoon!" and he these men were going to pounce and take from their hard turned over and went head over heels into the water. earnings? Who was there to speak for them? Nobody. The [Laughter.] door wa shut and the committee said, " Mr. Tariff Baron, That is the way you Republicans do. A good progressive what do you want?" ""7Jly,., he says, "I want this rate. I comes in here and you proceed to teach him to "spoon." You will show you who I am. There is a check that I contributed first make him doze and then you put him to sleep and holler to your last campaign fund." "Have a seat; have two seats." '' spoon " and over he goes into the tariff barons' pond. [Laughter.] He take· the seat and he gets exactly what he l\fr. President, I called attention here one day, in replying wants written into the pending bill. . Then the cornmittee let to the Senator from Indiana [Mr. WAT ON] and the Senator him out and another one comes in. He says, " I am of the 10010 CONGRESSIONAL RECORD-SEN~TE. JULY 6, same order, except that I gave two checks." Then the com­ The Senator from Minnesota said the question is whether we mittee said to him," Have as many seats as you like." And he will do the business of the people. The question is I repeat was seated. "What do you want?" "Why," he said, 11 I want '!.hether we wi~ do the bidding of the bos es ; that u; the ques: this rate (naming it)." The committee said, "That is pretty t10n. Mr. President, after this measure has been thrashed out high, isn't it? ,. Every now and then a member of the com­ an~ the items gone over and debated and the objections to them mittee would say that until the other members would nudge P?lllt~ ~mt and called to the attention of the people, it is all him. 11 That is pretty high, isn't it?" Another member of the right if m the final showdown the majority shall pass the bill committee would say, " Do not say anything to this fellow; he We sh~l not then complain, because we will have had an op­ furnished the main sinews of war." portumty to tell the truth about the bill to the people whom it But there wa nobody speaking for the masses out yonder. affects, but when you undertake to shut off debate and make it The tariff barons were getting ready like the vultures to pounce impossible to offer an amendment then a different question is down upon the helpless people and say, " Hold up there ! " A presented. That is what your cloture will do, for under it not consumer asks, " Why are you holding me up on the highway? an amendment may be offered. If it were to be shown to the I am buying this stuff with which to feed my wife and children, other side by this side that the present rates ought to be to keep them from starving. What right have you to take my changed, if the proposed cloture rule shall be adopted the substance from me?" 11 Why," the tariff baron says, "I do it Senate will be powerless to '1ndo a wrong perpetrated against by law; Congress gave me the right to pillage and plunder you; the American people. Then you wonder why we should oppose I have got a license; here it is. It is written in the law. Con­ your cloture rule. gre s passed- it; the Pr.esident signed it; and I am here by au­ Mr. President, the Senator from Massat serve God and of the sky and see this Chamber in which he stood four square Mammon. to every wind that blew, defying everybody and everything that That question, in a little different form, is up to the Senate. sought the injury of his country; what would he think to look " Choose you this day whom ye will serve "-the American back in this Chamber where he performed so magnificently in people, right, truth, justice, or the emissaries and agencies of the days gone and his eloquence rang like a trumpet call through Mammon. That is the issue in this body. Do you not know the e corridors; what would he say if he could look' back now that you would not bring in that cloture rule here if the tal'i:ff and see ;you taxing the salt that goes into the people's bread, the barons were not urging it? Do you not know that they are swaddling clothes of the infant, the wearing apparel through afraid that we will carry the House and reduce your number life, the winding sheet of the dead, the coffin, and the tombstone in this body, and endanger the passage of this thing finally if that stands over the dreamless dust of the departed? What it is delayed? Do you not know that they see a Democratic would he think if he could come back now and· behold 52 minority, with a little aid from the other side, standing between Senators on the other side of the Chamber signing the death the American masses and the hungry ta:x:gatherers of the Repub­ warrant of free speech and an open forum in the Senate? lican Party? They know that. Oh, Mr. President, and for what purpose? Is the enemy at Mr. President, the people are not going to be deceived. It is the gates of the Republic? Is an invading army threatening hot and it is hard work to have to condemn these things and from .a foreign land? ls that why free speech is to be sup­ point out these doings to the American people, but it is our pres ed and a delibeutive body destroyed? Is that why Sena­ duty to do it. tors are driven to this extremity? Is that why they have grown In conclusion I want to say a word about the Senator from desperate and wish to invoke cloture? No. But what is the Missouri [Mr. SPENCER]. He asked unanimous consent that we noise then that we bear if it is not that of an invading army? just go ahead and proceed to vote on the bill now. Would not It is the noise of the tariff barons of the Republic, hungry fo1· that have been a delightful situation? He will refer to that, the fleshpots of Egypt, hungry for the feast time such as they or somebody else will, that we did not want a vote; that he u ed to have when they drank up the substance of the Ameri­ asked unanimous consent and the Senator from Arkansas [Mr. can people, flourished in their evil doing, clipped thei.r coupons, ROBINSON] objected. Of course he did. Why not object? Do and grew rich in a little while. you think we will give you consent to vote on provisions in Who are they? The tariff barons. And what do they de­ that bill that we know are wrong; that we know have no place mand? They demand that debate he shut off. What do they in this legislation; that we know will be oppressive to the peo­ say? They say : " You are not going to get this bill through, ple that they affect and make rich those who are the instiga­ and not only that, but the Democrats may carry the House in tors of the items? Why, certainly not, Mr. President; so the the coming election, they may cut down your number in the Senator from l\Iissouri suggested that we have unanimous con­ Senate, and the whole thing may be tied up and this bill de­ sent to put it up to us on this side to say whether or not we feated after we have spent the enormous sums of money we wanted to close debate. did in helping to elect you in 1920, and we want action; we Mr. President, we have a right to debate those items. Who demand action." is involrnd? To whom will these items be applied? Who must 1922. CONGRESSIONAL RECORD-SENATE. 10011

pay the bill? While these tariff fiddlers fiddle, who bas to would there be no opportunity to vote upon the tari-ff bill but dance? It is the mass of the American people. After this bill there would be no opportunity even to discuss it. is passed and the President has approved it, it will be too late I do not blame these Senators. They ha>e a right to make to talk about it then. The die will be cast, and the Rubicon these speeches. They have the right to filibuster this bill­ will be crossed. It will be too late then, and then the Senators to :filibuster it to death-and they haYe the power to do so on the other side would rise up, if the Senator from l\Iissouri under the present rules of the Senate; but, ::\:Ir. President, the [l\lr. SPE:XCER] coulcl have his way, and say: "Why should you majority has a responsibility, and the country I think, well object to this item and that? You did not open your mouth understands that under the rule of the Senate, as they are against it. You did not even protest against it. You gave con­ now framed, the majority party may solemnly promise to the sent that we might pass them all in a bunch, and now you are country legislation which the country expects. But under ei::topped from complaining." That is what you would tell us the present rules there is· always a reservation that "we if we were to consent. promise· you this legislation provided the minority party will l\fr. President, the Republican Party bas the power, it has consent to it, but if there be objection upon the part of the the votes in this body, I presume, to pass this cloture measure, minority we will not carry out our promise." and for what purpose? I repeat, for the purpose of writing l\Ir. President, with the present majority of ~4 that the Re­ into law the most obnoxious tariff tax bill that has ever been publicans have, the country expects the Republican Party to written in the history of the Government. Senators, I know legislate; and I am frank to say, for one, that I do not believe :rou are hard pressed, you are anxious to get out amongst the that the country will accept the excuse that "the Democrats peovle and see if you can not explain some of these doings that would not let us legislate." This body has the power to you have indulged in here, but the day will come when you will modify the rules of the Senate so that the majority can do regret this cloture business. Mark my words to-day: There business. It is the duty of the majority so to amend the are more Bolsheviks in this country than you think, and you rules of the Senate that :when debate is abused, whetber it be created them by your party's conduct. The socialists are re­ upon one side or upon the other, when Senators occupy hours jo:cing at some of your policies. because they say you ha-rn and days in the discussion of extraneous matters, there shall multiplied their numbers. The anarchist rejoices at some of be a power in the majority, whether that majority be on this your policies, because he says you are helping him by what side of the aisle or on the other s:de, to carry out its promises :rou do. Then, who is the great enemy of the Republic? He is to the people and enact the legislation which it has promiseout the ._ubject Mr. HEFLIN. And two Republicans, I believe. they are vot~ ng upon. l\fr. LE:NROOT. No ; there were more th~m . that. FiYe I do not blame Senators for that. So long as it is understood Republicans did the Senator the honor of listening to him, but that if Senators sit here they·must sit and listen by the hour to only two Democrats did so. the discussion of every subject under the stm except tlle sub­ l\Ir. President, I deeply sympathize with the junior Senatol' ject that is actually before the Senate, they can not be expected from Alabama in his feeling that to invoke this cloh1re rule to sit in this Chamber when they have other and real work "\>Vould be an outrage. I do not know of any Senator in this to do. body who would feel it a greater hardship to be cut off from But, l\.Ir. President, if there were a real limitation of 15 min­ his daily speech than my friend the junior Senator from utes upon amendments you would find the seats in this Cham­ Alabama. ber full, you would find Senators listening to the discussions. There was handed to me a little while ago a record of the you would find Senators listening to the debates, and I want to speeches of the distinguished Senator from Alabama, and this say to the other side of the aisle that if that were done some record shows that, beginning on the 15th day of last Augu:t of the increases-which I do not defend--could be defeated; but and up to the 2d day of l\Iarch last, he had made his Federal they can not be so long as the present custom and situation reserYe speech 18 times ; and I do not doubt that when the prevail. · record is completed from the 2d of March to the present day If this cloture rule is adopted, will it or will it not tend to that record will be doubled. I can understand, l\Ir. President, prevent any further decreases in the rates proposed by the the feelings of the Senator from Alabama in being denied for Finance Committee? In my judgment, while the committee will the period of two weel{s-because if the cloture rule should be be foreclosed under the cloture rule from bringing in new adopted it will take probably two weeks to pass the bill-the amendments reducing the duties, there will be more of the Sen­ right to speak more than one hour, in being denied the right ate amendments voted do"'"'ll and the House rates accepted if of repeating that speech, so well known to us all, about Wall there be no opportunity to bring in amendments than we will Street and the Federal reserve banks. But, l\Ir. President, get in reductions when they do bring in amendments. · while we can all appreciate the feelings of the Senator antl So far as the time is concerned, each Senator would have an sympathize with him, I think the Senator from Alabama should hour. It would compel each Senator, then, instead of taking recognize the fact that if every Senator in this body took the the time of the Senate upon little, inconsequential items, to so time of the Senate in speech making that he take it would be divide his time that he would devote it to items of importance, impossible to pass any kind of legislation at any time. and it would compel him to confine his discussion and say as The Senator from Arkansas [Mr. CARAWAY] undertook this much as possible in the least possible time, instead of, as to-day, morning to charge the delay in this tariff bill to the Republican saying as little as possible in the greatest possible time. side, and then proceeded for nearly an hour to make a political I have just had handed to me, in response to the charge that speech that had nothing to do with the tariff bill. The Senator a great proportion of the time consumed in discussion of the bill from Arkansas has taken such time upon extraneous matters has been taken upon this side, a compilation which shows that. since this bill came before the Senate that if every other -eliminating debates or discussions of extraneous matter, which Senator exercised the same right-and it is a right-not only have been almost wholly confined to the Democratic side, in the • 10012 CONGRESSIONAL RECORD-SENATE. JULY 6,

debate upon the bill itself the Republicans have occupied 408 WILLIS; May 20 (p. 7321), three-fourths page. (Thomas B. Feld~.) BORAH; May 22 (p. 7363)?. one-half page. (Russlan situation.) pages and the Democrats 721 pages, and when you add to that CARAWAY' May 22 (p. 73'lo), 2l pa8!S· (Thomas B. Felder.) the· time that has been occupied in extraneous speeches, like EooE; May 23 (p. 743~)A. 1 page. {Russian situation.) tho e of my good friend, the Senator from Alabama, and of the BORAH; May 23 (p. 743~), 1 page. (Russian situation.) . WATSON of Georgia ; May 23 (p. 7460), H pages. (Russian situa.· Senator from Arkansas ·and others, it will be shown that the tion.) time occupied upon the Democratic side was very much more CARAWAY; l\Iay 24 (p. 7523), 4! pages. (Attorney General Daugh­ tban that. · erty.) .ASHURST; May 24 (p. 7558), 1 page. (Policy ot reclamation.) .Mr. SMOOT. Mr. President, it seems to me, if the Senator FRANCE; May 24: (p. 6450), 3! pages. (Pre;-ent and future wel­ will perm;t me, that this would be a very good time to have fare of American farmer.) put in the R.Econo the figures as to the time taken up to June BR.ANDEGEE; May 25 (p. 7621), one-half page. (Investigation into in the discu ion of extraneous subject matter ,and alleged unla-wful banging of soldiers.) ao by WATSON of Georg~; May 25 (p. 7622), 3! pages. (Policy of pres­ whom the time was taken. If tbe Senator has no objection, I ent administration-morse case.) shall ask unanimous consent that the statement be put in the HAaMso~; May 25 (pp. 7G21, 7625), H pages. (Business of the RECORD Senate.) . at this point. MCCUMBER; May 25 (p. 7626), three-fourths page. (Business of the Mr. LENROOT. I yield for that purpo e. Senate.) The PRESIDING OFFICER (Mr. BBANDEGEE in the chair). UNDERWOOD; May 25 (p. 7626), 1 page. (Business of th Senate.) NoRRrs ; May 25 (p. 7627), one-fourth pa.ge. (Business of the I there objection? Senate.) Mr. HARRISON. What is the tatement? SrM~ONS ; May 25 (p. 7628), H pages. (Business of the Senate.) 1\lr. SMOOT. It gives the names of Senator who have KELLOGG; May 25 (p. 7628), one-half page. (Business of the Senate.) spoken upon subjects other than tariff matters, beginning With HEFLIN; May 25 (p. 7629), H pages. (Business of the Senate.) Apt·il 21 and running to June SO. LA FoLLETrE; May 25 (p. 7636), H pages. (Operation of General Tbe e being no objection, the statement was ordered to be Electric Co.) printM in the HECORD, as follows : LENROOT; May 26 (p. 7710), one-fourth page. (Attorney General Daugherty.) (H. R. 7466, Sixty-se-venth Congress, econd session. April 20, 1922. CARAWAY; May 26 (p. 7710), 1 page. (!Attorney General Daugherty.) Unfinished business.) CARAWA.Y; May 27 (p. 7772), 5 pages. (Attorney General Daugh­ HAn.rusoN; April 21 (p. 5813), one-half page. (.Address of Senator erty.) Mo ~1s in New York.) WATSON of Georgia; May 27 (p. 7714), three-fourths page. (Attor­ CAn.AWAY; April 21 (p. 5794), one-half pa0 ·e. (Civil service.) ney. General Daugherty.) WALSH _of Massachusetts; April 25 (p. 59"29), 2~ pages. (Adjuste and 6101), 3 pages. (Naval oil BoRAH: May 31 (p. 7904), 5~ pages. (Russian s1t1?abo?.) . rei::erv lease .) FLETCHER; May 31 (p. 7910), one-half page. (Russtan situation.) HITCHCOCK ; Apri_l 29 (p. ~097), 1 page. (Na val oil reserve leues.) HARRISON; May 31 (p. 7911), 2i pages. (Primary campaign ex- POINDEXTER; .April 29 (p. 6098), 1 page. (Naval oil reserve leases.) penditures.) 1 NORRIS ; April 29 (p. 0099), 3 pages. (Naval oil i·eserve leases.) WATSON ot Georgia; May 31 (p. 7913), 1 page. (Attorney Genera PIT'l'MAN; May 1 (p. 6128), 3 pages. (Ex:ten don of War Finance Daugherty.) Go Corporation. ) STERLING; June 1 (p. 7939), 2i pages. (Reclassification of vern- l:lIMMONS; May 1 (p. 6.'131), 2 pages. (Extension of War Finance ment employees.) u-~ Corporatlon.) WATSON of Georgia; June 1 (p. 7942), 1 page. (European re t:.L FLETCHER; May 1 (p. 6133), 1 page. (Extension of War Finance exp£>nditures.) D h Corpora lion.) CARAWAY; June 1 (p. 7950), 4 pages. (Attorney General aug - liEFLI~ ; May 1 (p. 6134), 2 pages. (Extension of War ·Finance erty.) C<1rpora ti on.) WATSON of Georgia; June 2 (p. 8023), 2 pages. (Attorney General CARAWAY; May 2 (p. 6174), 5 pages. (Dismis al of ex..service me11 Daugherty.) ( tt G I n ·om civil ervice; attack on Attorney Ge eral Daugherty.) STANLEY; .June 3 (p. 8091), three-~ourth page. A orney enera HARtm:soN; May 2 (p. 6179), 2?! page. (Miscellaneous subjects.) Si."!mLJNG; May 2 (p. 6181), 1 page. (Miscellaneous subjects.) Daw~~e:!Y·~f Montana; June 3 (p. 809:5), one-halt page. (Attorney .T-ONES of New Mexico; May 2 (p. 6185), one-half page. (Miscel- General Daugherty.) (C d"tl f laneous subjects.) ASHURST; June 3 (p. 8093), three-fourths page. on i on o CARAWAY; May 3, 4, and 5 (pp. 6245, 6306, and 6363), 6 pages. Armenian people.) • f A · le \ (Attorney General Daugherty.) KING· June 3 (p 8093) 1! pages. (Condition o rmeman p•op ., PHCPPS ; May 5 (p. 6377), 2~ pages. (District ot Columbia appro­ W~TSON of Georgia; Juhe 6 (p. 8249), 2 pages. (Secretary Hoover priation~.) and Attorney General Dau~hert;y'.) HAlmISON; May 5 (p. C880), 2 pag~. (Di"trict of Columbia appro­ MYERS: June 7 (p. 8292), three-fourths page. (Sunday observance priations.) law for the District of Columbia.) p 'd t) CARAWAY· May 6 (p. 6446), 1§ pages. (Attorney General Daugh- HARRISON; June 7 (p. 8300) , 1 ~ pages. (Criticism of the re i en .• erty.) WALSH of Mas~achusetts, SUTRERLA~D, KING, BORAH, and others' ASHURST; May 6 {p. 6441), 4?! pa.ges. (Ho~pitalization.) 83 3 BORAH; Ma.~}J (p. 6435), 11 pages. (Russian amba sador.) Juc~:A~~t S~~~~ 3 )('p~l8~,m~· 0~~-~~r: -:a~~~I., (Attorney General HARR.ISON; May 8 (p. 6482), 2 pages. (~at Goldstein.) BORAH; May 8 (p. 64~), one-half page. (Russian ambassador.) nai'i~~~~;)June 10 (p. 8513), 2i pages. (Gov.. W. P. G. Ilarding, Fed­ PlT'l'MAN; May 8 (p. 6491), one-half page. (Good roads.) eral re erve banks.) 3 es (Campaign contributions.) HARRCSON ; May 9 (p. 6i>55), 1 page. (Nat Goldstein.) HARRISON; .Tune 10 LLE'.M'E; May 13 (p. 6893), onechalf pagE>. (Oil.) NoRRtS, FtlANCE, and others, June 16 (p. 8806), 2 pages. r1mary H~FLIN; May 18' (p. 6895), one-fourth (Motbe1·s' Day.) fage. election system.) 1 f d · t Bon.rn; May 15 (pp. 6945 to 6950), 2 pages. (Genoa conference.) CARAWAY; June 16 (p. 8813), 2i pages. (Remova rom an appom - KING; May f5 (pp. 69•5 to 6950)~ it pages. {Genoa conference.) ment to office.) 1 f d HITCHCOC1'; May 1~ (pp. 6945 to 6950), 1! pages. (Genoa con- KING; June 16 (p. 8816), three-fourths page. (Remova rom an ference.) appointment to office.) (M cl Sho 1 WATSON of Georgia ; May 15 (pp. 6"945 to 6950), one-fifth page. UNnEawoon; June 17 (p. 8892), three-fourths page. us e a s (U-Pn-Oa conference.) plant.) FitrLIXGHUY EN ; May 11 (p. 7096), one-fourth page. (Personal NORRIS ; June 17 (pp. 8892-8904), 5§ pagP.s. (Muscle Shoals plant. ~ privileo-e·· ) HEFLIN; June 17 (pp. 8895-8904), 2 pag~s. (Muscle Shoals plant. flAai1soN; May 17 (pp. 7100-7101), 1! pages. (Eight-hour day :tor Government employees and drift o'f recent elections.) McNARY; June 17 (pp. 889:::i-8904), one-half p11.ge. (Musele Shoals WATSON -0f Georgia; May 18 (p. 71'{0), two-thirds pag.c. (Court- pJa_.r;JuasT McCUMBKR WALSH of Massachusetts, and others, June 17· (pp. 8905-S913), 8 pages. (A'Clju1:ited comp(lnsation of World Wax vet- ma~i~:J,AY; May 20 (pp. 7316 to 7321), 4 pages. (Thomas B. erans.) s Felder.) EDGE; June 21 (p. 9071), 2 pages. (Decisions of the upreme W!A'l'SON (If Georgia-; May 20 (p. 7320), 1 pag~. (Thotnlls B. •Court.) s Felder.) K-rLLOGG; June 21 (p. 9077), H pages. (D~clsions of the •upreme w A.DSWORTH ; May 20 (p. "m~Cl), one-~ixth page. (Thomas n. • JreJder.) Court.) 1922. CONGRESSIONAL RECORD-SENATE. 10013

LA FoLLETl'E; June 21 (p. 9074), 7! pages. (Decisloos ·of the Su­ preme Court.) mittee are getting ready to make s@me in the cotton schedule, LADD; June 21 (p. 9091), 91 pages. (Proposed amendment to sol­ but so far as the agricultural schedule is concerned, there were diers' compensation act.) more increases than decreases. WATSON of Georgia; June 21 (p. 9100), one-half page. (Attitude of Mr. LENROOT. I agree with the Senator as the agricul­ George Washington toward soldiers' bonus.) to POMERENE; June 21 (p. 9100), three-fourths page. (Civilian instruc­ tural schedule, but taking the bill as a whole, if he thinks that ' tors at Naval Academy.) the tendency of the Finaillee Committee is to increase rates NELSON; June 21 (p. 9101), one-half page. (Civilian instructors at rather than decrease the rates, the cloture· rule will prevent Naval Academy.) JONES of New Mexico; June 21 (p. 9103), 1! pages. (Adjusted com- further increases, will it not? pensation for World War veterans.) ' Mr. WALSH of Massachusetts. I assume that is true, be­ HEFLIN ; June 22 (p. 9145 and p. 9166), 9! pages. (Distribution of speeches by Federal reserve banks.) cause the committee seems to be holding daily sessions at the McLEAN; June 22 (pp. 9141>-9166), 1 page. (Distribution of speeches present time> and the recommendations they make each day by Federal reserve banks.) seem to be for increased rates. S-0 if we apply the cloture rule GLASS; June 22 (p. 9152), 11 pages. (Distribution of speeches by Federal reserve banks.) to-mon-ow, I understand the committee can make no mo1·e ASHURST; June 23 (p. 9231), one-half page. (Hospital facilities for changes, and therefore there will be few increases made. World Wa.r veterans.) Mr. LEJ\TROOT. Does not the Senator think that would be a BonA~ June 23 (p. 9243), one-fourth page. (Soldiers' bonus­ good thing? · George w ashington.) WATSON of Georgia; June 23 (p. 9244), one-half page. (Soldiers' Mr. WALSH of Massachusetts. Very decidedly. bonus--George Washington.) Mr. LENROOT. I am glad t-he Senator approves some fea­ MYERS ; June 24 (p. 9294), 3~ pages. JMob violence at Herrin, Ill.) WATSON of Georgia; June 24 (p. 9291), one-half page. (Soldiers' tures of the cloture rule. bonu --George Washington.) Mr. WALSH of l\lassachusetts. I would like to say to the HARRISON; June 27 (p. 9471), 4i pnges. (Retrenchment of Govern­ Senator that there have been 141 amendments acted upon since ment expenditures.) WATSON of Georgia; June 28 (p. 9545), 2!l pages. (Goorge Wash­ June 28th, and I thiak that is a pretty good record we have ington and the soldiers' bonus.) made during the last 10 days, at least in this Chamber. I do MYERS ; Jane 28 (p. 9548), one-half page. (Mob vfolence in Herrin, not see how Y.ou can expect to speed ·up the work on the bill at Ill.) l\1YERS; June 29 (p. 9655), 2l pages. (Motion-picture industry.) a greater rate than that. CARAWAY; June 29 (p. 9659), 2i pages. (Attorney General Daugh- Mr. LENROOT. E:ven assuming that to be true, will not the erty.) • Senator admit that if we make the same rate of progress in the STANLEY; June 30 (p. 9747), one-half page. (Office of Attorney General.) future as we hav.e during the time the Senator has mentioned, HEFLIN ; June 30 (p. 9147), 3~ pages. (Distribution of speeches by we can not pass the bill this year? Federal reserve banks.) Mr. WALSH of Massachusetts. If we can pass 141 amend­ l\lr. LENROOT. Mr. President, a word in conclusion with ments in a week, there is no reason why we can not pass thiiJ reference to the rates in the bill. I am satisfied, as I have bill wltbin the next four weeks. said, that if there were a limitation of debate there would be Mr. LENROOT. Does the Senator think there will be no greater reductions in the rates in this bill thMl will be made individual amendments offered to the bill? if the present course shall be pursued. I feel just as certain Mr. WALSH of Mas achusetts. I expect th.ere will be. of that as I do that I am standing here to-day. l\fr. LE.i.~OOT. Does the Senator not think there will be a With reference to these rates, as the Senate knows, I have great many? thus far opposed what I believed to be excessive rates, and I . Mr. WALSH of Massachusetts. Yes; I think there will be. shall, in the future, oppose others which I believe to be ex­ Mr. LENROOT. So the Senator does not count upon the ces ive, and I am willing, if this cloture rule be adopted, t0 completion of the bill with the disposition of th~ committee say all I have to say with reference to th~se excessive rates in amendments within the next fo11r weeks? the space of one hour, dividing my time as I shall see fit. But Mr. WALSH of Massachusetts. I do not see how there can it is only fair to say, with referencP. to these rates, that I think be very much discussion of the amendments, beeause it would Senators very often forget, and I do not think the country under­ be going over matter already discussed ; but individual amend­ stands, that what is an apparent increase in a rate found in ments can not be offered now. the bill as it passed the House, an increase made by the Senate Mr. LENROOT. Unless we have the cloture rule, will not may in fact be, and very often is, an actual decrease. each individual Senator desire to and will he not discuss each Every ad valorem rate in this bill which has not been in­ amendment he offers, naturally? creased by the Finance Committee has actually been very greatly Mr. WALSH of Massachusetts. Certainly. reduced. I wonder if all Senators understand· that. I am sure · Mr. LENROOT. I would like to ask the Senator how-long the country does not. he thinks the debate will last upon the valuation features of l\1r. WALSH of Massachusetts. l\fr. President-- the bill? The PRESIDING OFFICER. Does the Senator from Wis­ consin yield to the Senator from Massachusetts? Mr. WALSH of Massachusetts. It is my opinion that the bill 1\fr. LENitOOT. I yield. will be ready for a final vote before the middle of August. Mr. WALSH of Massachusetts. I can not speak for all the Mr. LENROOT. If it is, the Senator must admit that his rates fixed by the Finance Committee, but I have some knowl­ side proposes in the future to take very much less time than edge of the rates fixed in tl1e agricultural schedule, and I say it has in the past. without hesitancy that the Senate• Finance Committee have in­ l\Ir. WALSH of Massachusetts. It j~ my opinion that the creased the rates over the rates of the bill as it passed the committee amendments will be completed in two weeks. House in 10 instances to 1 where they have decreased them. :Mr. SMOOT. Mr. President-- Mr. LENROOT. Let me ask the Senator, where the Senate The PRESIDING OFFICER. Does the Senator from Wis­ committee has made no change whatever in the House rate, does consin yield to the Senator from Utah? the Senato.r count that an increase or a decrease. or as remain­ Mr. LENROOT. I yield. ing the same? Mr. SMOOT. I want to say to the Senator from Massachu­ l\Ir.. WALSH of Massachusetts. As remaining the same. setts that, barring the agricultural schedule, where most of the Mr. LEll.'ROOT. Does not the Senator see that where it is rates are specific, and are higher than the House rates, I admit, an ad valorem rate, he is very greatly mistaken·, in all cases I think the Senator will agree with me that there is not a where there are ad valorem rates? • schedule in the bill as reported in which the rates are not.lower l\Ir. WALSH of Massachusetts. I have in mind the differ­ than the House rates. ence between the American valuation and the foreign valuation lHr. WALSH of Massachusetts. I regret that I can not con­ in the two bills. firm what the Senator says. I can only speak fo.r the agricul­ Mr. LENROOT. And that is very substantial. tural .·chedule, which I have studied in some detail. I think Mr. WALSH of Massachusetts. The statement I made is not the junior Senator from Utah [Mr. KING], in charge of the changed by the fact that there are changes from the American chemical schedule, and the Senator f.rom New Mexico [M1•. valuation to the foreign valuation in the Senate eommittee JONES], in charge of the metal schedule, could enlighten us on amendments. Nearly all . the changes ·have been in specific the matter. My impression has been that even in th-0se sched­ rates. ule:; the committee have recommended very many increases Mr. LENilOOT. I think that is true. over the House rates. Mr. W AL13H of Massachusetts. The changes bn.ve been in­ Mr. SMOOT. Very few, Mr. President, and there were a few variably to increase the i.-ates. I made the statement on the increases over the House rates voted 'by the Senate as against floor yesterday, which I repeat, that oi:tly yesterday five rates the recommendations of the committee. ,were increased over the Senate committee amendments, and Mr. W .ALSH of Massachusetts. I would like to ask the every day we have been making increases. There were some junior Senator from Utah if he confirms the statement made by decreases made in the metal schedule, and I understand the com- his colleague about the Senate committee amendments in the 10014 _ CONGRESSIONAL RECORD-SENATE. JULY 6, chemical schedule being generally reductions over the House ' Mr. HEFLIN. Mr. President, the Senator from Wisconsin rates? [Mr. LENROOT] bas taken me to task, as well as other Senators Mr. KING. I think that many of the rates in the chemical on this side, for opposing the cloture rule and for asking for schedule have been reduced from those found in the bill as it time to discuss the tariff bill which we say is full of in­ came from the House. excusable and indefensible pronsions. On yesterday, the 5th Mr. SMOOT. Particularly when you take into consideration day of this month of July, the day following our Independence the ~t\rnerican valuation, there is not a rate that bas not been Day, the birthday of our liberty, the Senator from Wisconsin reduced. speaking against one of these very provisions, said : ' l\fr. KING. I am assuming that. Mr. President, ""r am opposed to the pending committee amendment Mr. SMOOT. There is not a rate, unless it was a specific because I do not believe that it can be justified from any standpoint. rate, which remained as it was in the House text and as to . ~hat i~ on~ of tJ:e provisions in the bill which is full of pro­ which there was not a reduction. v1s10ns like it which the Senator from Wisconsin said " can Mr. KING. If the Senator will pardon me, there is authority not be justified from any standPoint." .A.gain he said: given in the bill for the President to increase the rates. ~~r. P_resident, I submit that t_he distinguished senior Senator from Mr. SMOOT. Yes; and to decrease them. Calµor~a [Mr. JOHNSON] and hlS colleague, the junior Senator from Mr. KING. There will be no decreasing. Cahforma (Mr.. SHORTRIDGE], have not made out a case for the increase l\1r. SMOOT. I am not sme of that. In fact, I think there of dug which IS now propo~e~ by the committee--which is an increase of 270 per cent ovC'r the existing rate and an increase of 150 per cent will be more decreases than increases. over the Payne-Aldrich rate. I submit they have not made out their Mr. KING. It is purely prophecy, and I shall not indulge in case upon their own showing, because in the speech of the senior prophecy. Senator from California upon Monday he demonstrated that under the existing rate of the Underwood law the acreage planted in almonds in Mr. SMOOT. Whatever is said along this line is prophecy, 1921, at the ve1:y lowest ebb of the industry, so far as the market v.-as whether it comes from the senior Senato11 from Utah or the concerned, had mcreased almost 12!. per cent. junior Senator from Utah. No one can say what the President ~Ir. President, in the face of the growth of this industry during the ~xIStence ?f the present Underwo.od law, an increase of 275 per cent \Nill do. I only express my opinion, and I believe it with all my m the tanff duty can not, I submit, be justified by anybody. soul. • • • • • Mr. KING. Mr. President, will the Senator yield? I have not made up my mind as to whether, when we come to a Mr. LENROOT. I yield. final vote upon this bill, I shall vote for it or not. I want to do so l\Ir. KING. In view of a statement· which was made since I if I can. I want to resolve an doubts in favor of the bill· bnt if came into the Chamber, I wish to say that I do not agree with such rates as this are to be voted into this bill to any cons'.iderable extent! I want to say very frankly that I shall not support the I.Jill the Senator from Massachusetts [Mr. WALSH] that every when it comes to final vassage. amendment which will be offered by the minority, or by the • • * • • majority for that matter, will be debated. I have a large num­ l\fr. President, I hope that I shall be able to support this bill when ber of amendments which I shall offer to the chemical schedule. it. does come to a fip~l vote. The v9te ~pon this amendment, ~ of course, In the general debate upon the chemical schedule and in the will not be the !'lec:i4ing f!lctor, but It will be _ol}e of them ; and if many such are voted mto the bill, I repeat that-givmg credit to every other consideration of the amendments offered by the committee, Senator for the same bigh purpose and motives in voting for the bill questions were discussed then which are directly involved in that I believe actuate me--I shall reserve the right to vote a<>ainst the amendments which I shall tender. I do not expect to dis­ it unless some o! these duties be brought down somewhere ,;ithin cuss perhaps more than one-tenth of the amendments which I reason. shall offer to the chemical schedule. I feel sure that many of That is the bill I am condemning. That is the bill I want the amendments which will be offered by the minority will not time to discuss. The Senator says I have occupied a good

Senate of the United r- States ·what a strangle hold tb:e •sugar .Yr. POMERENE. I noticed a little while 1ago -an article in refiners .and the bankers of · New York .had on e sugar in- 1 1:he New !York' Tribune Which would indicate that at a · certain dustry 'Of the1Ilnited States. I · admit·that rather than'have. it dinner· held last night members of the)Finance·Comm'l.ttee them­ killed outright, I lvould·undertake to do ·almost.a.nything1 hono:r- rselves' had1very grave doubts as to whether eioture should be able to .save the industry. invoked. If the Senator from Idaho will pardon me, I should Mr. HARRISON rose. like to read a sentence or 1two•from the article: Mr. SMOOT. I want theiSenator from Mississippi to under- Whll~ the .senate leaders propose to try the adoption of cloture in stand that the letter Ls going to be Tead and it is going ~tO' be ex- -connection with the tariJf bµI un~r tl~e · existing two-thirds rule, senti- plained when 1the sug-a-r· schedule is up·for consideration. ment w,as expITessed at to-rugbt's.meeting that it was u.n.wise to trr to Mr. HARRISON. I -am ·delighted. . !o.rce cloture !J.OW before the wool and sugar 8ehedules . are disposed of Mr. SMOOT. There was no deal put over by the Senator ie:;a~~ · f!v~h~1 ~ 8~~s!1-0'ii~arge_that an effort is being made to gag the from Utah that 11e ls·not perfectly willing that all -the-world .should know about, and when the w.orld knows it I will say Mr. SMOOT. Mr. President, I wish to say to the Senator that some of the sugar refiners of the country and the banks from Ohio that while some of the members of the Finance which advanced money to the Cuban sugar producers· will take Committee may have attended the meeting, I assure him that notice anu thete will 1be quite -a different ·sentiment in -the I was not there. country in relation to the .rates of duty upon sugar .and the lli. BORAH. The article refers to leaders of the Senate, so sugar industry of the country 'than we are lead to belie-ve by a number of us were not expected. the remarks and insinuati-0ns of the Senator from Mississippi l\Ir. POMERENE. The dinner was at the home of the senior [.Mr. ILumrsoN]. - Senator from Massachusetts [Mr. LonaE], and among other Mr. RARRISO.N. May I ask the Senator a question before Senators who are named is the Senator from North Dakota he takes his seat, because the _Senator alluded to. my remarks (Mr. MCCUMBER], the chairman of the Finance Committee; the and I was sorry he was not pres~nt to bear them. The Senator, Senator from Kansas [Mr. CUR'fls], who is the Republican I understand, will produce the letter which he wrote to General whip; the Senator from Indiana (Mr. WATS.ON] ; the Senator Crowder? from Connecticut [Mr. BRAND~GEE]; the Senator from Oregon Mr. SMOOT. I am going to read it, and the Senator from Ufr. McNARY], and several others; and, of course, I assume Mississippi can not keep ·me from :reading It. ,they were all Republicans. Mr. HARRISON. Is not the Senator willing to have it reall Mr. Sl\fOOT. I de~ired merely to correct the statement the now? Senator from Ohio made in the first place, that the Finance Mr. BORAH. No; not in my time. • Committee was there. The Finance Committee was not there. l\lr. SMOOT. I have not a copy of it with me. This is no M:r. POl\IBRE:NE. I do not know whether I said the "Fi- time to do it. When the sugar schedule is reached I intell(\ nance Committee" or "members of the Finance Committee." to discuss the sugar schedule and then will be the time to read Mr. Sl\IOOT. I thought the Senator said " the Finance Com- it, not now. • mittee." l\Ir. HARRISON. l\fay I ask whether in the letter General Mr. BORAH. Of course, Mr. President, it would be perfectly Crowder was authorized to restrict the· Cuban.crop to 2,500,000 suicidal for the Republican P.arty to shut off debate upon these tons? · .schedules. lt would be ruinous to 'us .as a party, but, what l\Ir. ·SMOOT. ;No; be wa$ not. would be still worse, it would be injurious to the country. l\Ir. HARRISON. On the theory that the tariff would be I have always been opposed, Mr. President, to cleture; and lower? it has been extremely interesting in the years during which 1 l\lr. SMOOT. General Crowder was not .authorized to do have been here to observe how cloture has been sought to be ruiything. I had no authority to authorize him to promise any appUed by the two sides of the Chamber. When the Repub­ rate of duty on sugar. 1 licans are in the majority, they want cloture; when the Demo- 1\lr. ·HARRISON. That is what the · Senator 'Was trying to crats are in the majo1·ity, they want cloture; and when either get General Crowder 1:o effect in Cuba, was it not? side is in the minority, it protests against cloture. We have A l\Ir. SMOOT. I am not going to take the time of the Senator that situation now. I think it would be extremely unwise to from Idaho now to di cuss the ·matter. I shall tell the Senate apply cloture· at this time. Ilowever, l\Ir. President, I should the whole '.Story .at the proper ,time. be tempted to vote for cloture in this instance if it were not for Mr. HARRISON. But our cnriosity is1all excited. the two considerations, one of which I have just mentioned, l\ir. SMOOT. I know; the Senator's curiosity is always that I think we can not stop debate upon a measure by stopping excited. debate here in the Senate. The second reason why I am op- :ri.rr. iiARRISON. 'Then the-Senator will not tell us now? posed to cloture is because of that which lies ahead of us. 1'1r. SMOOT. Not in the time of the Senator from Idaho. ~e are greatly mistaken if we think that the people are in a l\Ir. BORAH. Mr. President, tb.e ·eolloquy between the Sen- hurry to ha>e us legisl.:i.te alung the lines on which we are pro- ator from Mississippi• [l\Ir. HARBISON] and the Senator from posing to legislate. The people are not at all dissatisfied to Utah [Mr. SMOOT] illustrate how unwise it would be to under- slacken haste in the matter of adding increased taxes upon take to apply cloture in the consideration of the tariff bill. the :people and increased obligations and burdens upon the Gov­ The last bill that ought to have cloture applied to it is -the ernment. tariff bill. We can possibly stop debate in the Senate, but For instance, l\Ir. President, what are our friends -proposing we can pot stop it in the country. ·Every one of the schedules to do immediately after they pass the pending tariff bill? What in the bill will ·be debated for the next tw.o orrthree years is the next measure to be taken up? The next bill on the pro­ and perhaps the uext ten years throughout the country. The gram is one to impose an indebtedness or an obligation upon best way that we could possibly expend our time here is to this country of from $4,000,000,000 to $6,000,000,000. That will make just as few mistakes .as we can before the bill goes to be the first hasty step we will tako after we shall have con­ the people. eluded the cqnsideration of the tariff bill. I am speaking now The debate in the Senate has not been intensely interesting of the entire Congress; but do Senators think, in view of the perhaps to all of us, because we are not all tariff experts. conditions in this country at this time with reference to taxes, But the debate which is going on in the country is intensely with reference to indebtedness, with reference to national obli­ interesting. Strangely enough, they seem to know more about gations, that the people are desirous that we hasten to impose the bill than we do. I presume it is because they have to additional burdens on the Government of from $4,000,000,000 apply it daily, and they are studying the possible effect of it. to $6,000,000,000. If there were a different program confront- In my ·humble opinwn, when the sugar _schedule is rmdis- ing us, if there wei:e a different outlook, there might be some posed of, when the woolen ~chedule is undisposed of, when desire for ha.ste, but in view of what confronts us I doubt very the embargo proposition is undisposed of, when the glove, the much if there is any considerable excitement in the country to potash, .and all the other important -schedules over which the have us move along with our program. fights have .always been made in the past are undisposed of, After we have disposed of the bonus proposition, which will to apply cloture would be a very serious thing. 1Not only add from $4,000,000,000 to $6,000,000,000 to the indebtedness of would it result in injury to the country but it would result in the country, what is the next measure upon our program? The tremendous injury to the Republican Party. Whether yon I f?hip sul:>sidy bill. Do Senators think the people of the country view it as patriot or as partisan, sometimes ynonymous, but are in great haste to have the debris cleared away-if I may not always so, it would be·-a great error to fort!e :these -sehed- call the tariff bill that-to make way for a ship subsidy bill, a ules through without most thorough debate. The people, I , measure which will draw from the Treasury all the way from venture to believe, -will be .greatly benefited by debate. l:fifty million to one hundred million and some say as ·high as Mr. POMERENE. Mr. President-- three ,hundred -mill.ion dollars; which will exempt ·some of the l\f'r. BORAH. I yield to the ·Senat:or. • . people of the country from the payment of a portion of their

• 10016 CONGRESSIONAL RECORD-SENATE. JULY 6,

taxes ; which will select a few and give them an opportunity are large sums of money owing to us from foreign govern­ to succeed in the midst of the distress which presses down upon ments, a part of which we may get and the interest of which the remainder of the people? I do not think, Mr. President, we will surely get from some of them. These statements make that the people are in any haste to have us pass that kind of a it important for us to examine the conditions in those coun­ measure. tries from which we are to get interest or aid, as we are told, Then, after we pass the ship subsidy bill and the bonus bill, to relieve the constantly increasing burdens of this country. I both of which will constitute drains upon the Treasury and take up first the condition of Great Britain. involve additional taxes and an increase of Government obliga­ Some time ago there was a budget committee appointed in tions, we propose to take up the bill for the creation of 24 England, having for its object the investigation of the ex­ Federal judges, which will be another drain upon the Federal penditures of the Government and the increase of taxes in that Treasury. Perhaps we might justify the creation of 10 or 12 country. It was known as the Geddes committee. It would additional Federal judges. I think we might do so; but to be well for those who are interested in this subject to recur I. create 24 additional Federal judges at this time, in my opinion, to the report of that committee and read it. The committee after having examined the matter as best I may, is intolerable present about as gloomy an outlook for the economic and finan­ and inexcusable and the imposition unnecessarily of a further cial future of England as could possibly be conceived this side burden upon the people of the country. And after we shall of absolute bankruptcy. I have not the report upon my table, have passed the Federal judges bill, there will come what is but I have here a discussion of the subject by one of the lead­ called the Liberia loan bill. We propose· to go into the Treas­ ing members of the commission, Lord Inchcape, who was ury of the United States, despite its condition, and loan to speaking to a conference gathered for the purpose of discussing Liberia $5,000,000, at a time when the people of the United governmental expenditures and taxation. This is what he said: States are bled white, when they are absolutely without money It. was up to the entire Nation to insist upon drastic reductions in to initiate enterprises, and when the great reclamation projects public expenditure. If they allowed this vital issue of economy to be made the football either of party politics or of departmental pride and of the West are standing as they have stood for the last seven intrigue, they were done. • • • or eight years. With the Treasury unable to meet the demands I felt that if expenditure and taxation were not reduced- of our own people, it ts proposed to go into the Treasury and ! feel so now- · loan $5,000,000 to Liberia. Not a single one of the measures upon the program which is that we should land ourselves in national and individual bankruptcy. now before us but draws upon the people for an additional sum • • • • • • • The Geddes committee, which, after six months of strenuous work, and \Veighs upon them in the form of additional taxation and suggested economies of £87,000,000 in the public spending departments increases the obligations of the Government not only by mil- told His liMajesty's Government that another £13,000,000 could be saved lions but by billions of dollars. · without difficulty and without impairing the practical efficiency of the Mr. President, therefore, while I have sat here and listened defense a.nd administration of the country. to this debate, or while I have known that it was going on, I • • • • • • • ~we go on- have not felt the impatience which I otherwise would if I kneW' that tllere would follow the tariff bill measures which Says Lord Inchcape- would, in ruy judgment, afford real relief to the country. I and, as far as can be seen, the revenue of the current year, even at the present rate of taxation, will not be equal to the expenditure. By ask our friends who are meeting at the headquarters of our juggling with figures and bringing into revenue realizations from the leaders.. if there is a single item in this program that does not sale of surplus stores and ships, and by a.nnexing the post-office sur­ increase the taxes of the people of the country? Is there a plus, which ought to be devoted to cheapening communications by letter, tel1·phone, and telegram, the Government may be able te pre­ single part or parcel of the program that does not increase the sent a balanced budget; but what will happen in 1923-24, when they oul1gations of the Government? It is the charact~r of the pro­ won't have the proceeds of sales of war materials to help them and grnru which makes hesitancy and delay in the consideration of when three years of low average of income tax will materially .reduce the returns from that source, no one knows. the tariff bill a virtue. Mr. President, we know that there is already great discontent That is quite similar to the situation in this country. We .. throughout this country, and .wl1en discontent is widespread it have been able to make a showing which is somewhat en­ is never without justification. That condition is apparent in couraging by reason, I will not say of juggling of figures, as the United States and it exists throughout the world. he says here, but, as the report of the 'l'reasury Department It is evident that the burden which governments continue to itself says, by heroic effort, and by having at hand the proceeds impose upon the people is becoming unbearable. It is getting, of sales of war supplies. and so forth ; but when we face the as it were, upon the nerves of the public. The first underlying future those things must be eliminated, and within a short cause in my judgment of the world-wide unrest, of the almost time we must face the proposition of meeting our indebtedness uni\ersal criticism whlch we hear against governments, is and our expenditures not by surplus war· sales but by actual exorbitant and. unconscionable gov.ernmental expenditures, and burdens upon the people. particularly the outlook that these expenditures are not being Again, says Lord Inchcape: diminished to any appreciable extent. Indeed, I do not believe It is up to you; it• is up to the entire nation to press for and to that the burdens already placed upon the people are so disturb­ insist upon drastic reductions in public expenditure. If. you don't, if you sidetrack .this matter, or treat it as of secondary moment, then, ing, so fruitful of dissatisfaction and discontent, as those in my judgment, you are done. burdens which present policies indicate are yet to come. The • * • • • • • present demands are sufficie?.nt to take the people's earnings, The wealth of the C'ountry does not belong to the Government. It is but the proposed policies take away their hope for better days. the property of the people, of those who have work<'d and saved, either The protest upon the part of the people is now being mani­ for themselves or for those who are to come after them. * • * fested in this country and throughout the world. It makes How sound a statement; yet how heedlessly regaTded by par­ itself known in strikes, through the ballot box, and finally in liaments and congresses. This Government gets its money from rioting and in bloodshed. The most prolific source of misery the people. The money in the Treasury is money we have com­ and crime is oppressive taxation, and when you stop to think pelled them by law to pay over to the Government. If we of the load now carried by the masses, we can not be surprised should more conscientiously remember that, we would not deal at the disorder and lawlessness everywhere prevailing~ so liberally with this money. In some countries it seems to be believed that this discontent I suggest to you that the first line of a country's defens~, a.nd of the and hunger can be fed up on repression and executions. In defense of civilized life, is solvency. .If a ma~'s expend1t01:e exce.eds his income, if he is wise, he reduces bl_s expenditure. . If be is foo!Ji-;~, other countries, particularly in our 'own, the belief seems to he goes on spending and borrows on his assets, pledging them for bis prevail that the remedy is in still greater appropriations, in­ loans, until he can borrow no longer, and then he is rui~ ed. We are at creased national obligations, and necessarily higher taxes. the parting of the ways. We must reduce our expenditure and cease Let us examine in detail the weight under which the people borrowing or we will come to grief. are now bending and also examine some of the proposed meas­ Let me quote one more paragraph from this discussion: ures of relief, some of the schemes which would start new At present we are slithering down an incline piane of prodigality enterprises and find employment for the idle through increased and indebtedness that will land us, unless we act promptly and rl'so­ lutely, in the ditch. • • • If this goes on, our whole social and appropriations and still greater obligations of government! industrial fabric will go to pieces. We will find that the late Doctor Rathenau was not far wrong The report bears out the unhappy statement of this English when, a few days before his unfortunate death, speaking of the statesman. I suppose some English politician might regard economic situation in Europe, he said: him as pessimistic, but my opinion is be was both wise and brave Chained in our galley we hew one another to pieces, aJthough it is our bark which we are rowing an

• 1922. CONGRESSIONAL RECORD-SENATE. 10017

owes us to help us out. I find here a statement from the Out­ Mr. President, the t\me may come, and in my opinion it is look, of London, of May 7, 1922, which says : very likely to come, when the United States will have to stand, On l\Iarch 31, 1919, there were arrears of income tax • • • as it were, at the Marne on this question of preserving finan­ amounting to £55,000,000. In 1920 the figure had risen to £73,000,000. cial civilization. The time may come when our reserves, eco­ By 1921 it "as £86,000,000, and this year it had r eached the gigantic total of £110,000,000. nomic and financial, will have to be called upon as our reserve The condition of Great Britain is no different from that in of man power was called upon in 1917, and it behooves the many other leading countries. In other words, while ex­ American people and the American Congress to prepare for penditures increase, while outlays increase, the sources of taxes .that as we prepared for the great conflict which confronted us are d:i;sing up. Who is there that can say to the people of this in 1917. The nation which will lead in the future, which will country as we begin to legislate on this program which is to control and dominate, will not be the nation of armies, not the follow the tariff bill that a part of it will be taken care of by nation of navies, but the nation of economic power, of pros­ collecting from Great Britain her debt to us, or the interest perity at home, of financial reserve, of means to take care of upon it? The fact is that every dollar which we lay upon the those things. It behooves us, therefore, not only by reason . people of this country for the next 10 or 15 years will in all of the call which will be made upon us here in this country but probability be met by the people of this country alone, and there by reason of the condition which surrounds us throughout the is no use blinking the proposition. world, to conserve and reserve all the economic and financial Let us look for a moment at the condition in France. France power that we have in order to meet that exigency when it has her immense indebtedness and she is increasing i ~ from day comes. to rg Bnnhard, editor of the Vossicbe Zeitung. French taxes amounted to 5,000,000,000 francs in 1913. In 1919 they Mr. U~TDERWOOD. The weakness is evidenced a much in reached 9,700.000,000; these grew to 15.000,000.000 in the following financial weakness as it is in loss of man power. year. For 1923 they will reach over Hl,000.000,000 francs. Mr. BORAH. Quite so. There is another element to which Five years after the war has clo ed, and after our antagonists I want to refer in connection with this, and that is the constant have been reduced to practical helplessness, and after the sign­ outlay for armaments. I have on my desk here the figures of ing of the four-power treaty, and after every appearance of the increase in the budget of France for 1923 for armament. peace, they have increased their expenditures from $15,000,000,- Both war and navy appropriations are increased over this 000 francs to 19,000,000,000 francs for 1923. Then says the year's budget, the former 234,000,000 francs and the latter 323,- same writer : 000,000 francs. This is under

Bot it is proposed out of hand to lay upon the American they could get are wending their way toward it to see what is people. at this time an extra burden o1 from four to six billion ·left. If I _were going to open the Treasury to any people, or i1 dollars, almost twice as large as the debt which we had at th& I were gomg to support a continuance of this policy, I would close of the Civil War; and if we pay it in the same way and not turn the soldier away. But the road over which we are at the same rat.e that we paid the debt after the Civil War, it traveling means industrial distress and ultimate disaster from will take us 250 years to pay off the debt which we propose to which the soldier himself can not escape. People simply can lay in a few weeks for the purpose of meeting this supposed not and will not much longer carry the load which we are obligation. imposing upon them. We have already tested their patience Mr. President, the discussion heretofore of this bonus meas­ to the breaking point. The multitudes, it has been said, .in all ure has ranged principally about the present condition of the countries are patient to a certain point, but no statesmati has Federal Treasury and the immediate burdens of the taxpayer. ever yet been wise enough to foretell the particular point at These are matters of vital concern. But it must be apparent which that patience ceases. .from the whole situation that underlying this question is a I grant you that if this policy is to continue there is no deeper problem touching not only this particular measure but argument by which you can exclude the American soldier from the whole trend of legislation and the entire policy of recon­ participating in its temporary-advantage; but it should also be struction. The Treasury may run dry, but if the pride and said that there is no logic by which you can exclude him from the energy and the manhood and the womanhood of the Nation its permanent disadvantages. No one is more deeply concerned remain, it will again be replenished. The immediate burdens in getting back to right principles and sound policies than imposed by heavy taxes may sterilize industry and press down these young men. No one is more vitally interested in the upon labor, but if faith in the Government and confidence in future welfare of the country. The unwisdom of the course we its policies remain, business in time will revive and labor again are now pursuing will fall more heavily upon these young enjoy its rightful heritage. Language is inadequate to porb:ay men and theirs in coming years than upon those who are now what a people will endure in the way of fiscal burdens so long in places of authority. It may be vain in this mad hour of as they believe that the policies obtaining are just and wise. political exigency and reckless appropriations to urge these But when. a people begin to lose confidence in the wisdom and views, but the inevitable hour will come when the soldier permanent policies of a government, it is time to look deeper himself will regret, deeply regret, he ever consented to . be­ than the mere significance of a pending measure. come a part of any such scheme. It may be idle-it may even -The bonus measure is but a single expression of what seems be thought presumptuous-at this time to speak for a different to be a deep-rooted tendency-a tendency born of feeble policies standard, but I doubt not at all that in later years the soldier and irresolute leadership. If this measure stood alone, if it himself will rue the heedless hour when he exchanged a noble were single in its import, we could look upon it with less con­ heritage for less than a mess of pottage. The thing which he cern. It is conspicuous, however, only because of the amount gave, and stood ready to give, was without money and with­ involved; there are any number of measures pending before the out price. The thing which he earned, the glory which was Congress of the same general nature. If you care to search his, transcends the miserable values of the market. He does the files of the Congress or survey the activities of State legis­ not rightfully belong in this futile scheme to rebuild civiliza­ latures, you will no longer doubt the peril which confronts us tion and reconstruct a bankrupt world through subsidies, as a people. bonuses, appropriations, taxes, and debts. There are measures enough before the Congress, and lately You will all recall the. uneasiness, the anxiety, with which in State legislatures, to bankrupt this, the richest Nation on we followed the American soldier a-cross the sea and onto the the globe. If all the money were appropriated which, by bills, battle line in Europe. He had been hurriedly called from the has been suggested, or if all the debts were created which farm and the workshop, from school and college, and, prac­ such proposed measures would entail, it• would place a mort­ tically unseasoned, undisciplined, and untrained, sent forward gage upon the brain and the energy of our people which a to meet the -0rdeal of war. His countrymen awaited the result thousand years could not lift. No statistician whom I ha"f'e with mingled, feelings of fear and faith, and the whole world been able to find can tell us to-day' the amount of indebtedness speculated on how he would meet the test. in the world. They approach with some supposed accuracy the We were told that this would be the real test of democr1tcy­ debts of the different governments, but when you seek to tabu­ could a republic devoted to peace stand against the onslaught late the debts of the subdivisions of governments and then the of centralized and thoi;oughly trained and highly militarized private debts, the human mind staggers and computation powers? We all know the result. The pride and the exulta­ breaks. down. This fearful load resting like a blighting mildew tion we experienced over those first encounters of our troops upon the aspirations and the hopes and the energy of the people no tongue can tell. They had met• the test. They had vindi- • everywhere is now being increased at a rate which benumbs cated our whole theory of government. They had justified our chlculati<>n. Even 'in this comparatively new land of ours we standard of civilization. They had checked and were soon to have reached already the era of embargoes) subsidies, gratui­ turn back the armies which had brought three great nations ties, bonuses, and finally that sinister invention of American to bay. They had demonstrated that there was something after politics-50-00 between the States and the Government-that all higher and more masterful than sheer force-than mere is, the States will exploit the taxpayer for 50 per cent and the organization. Behind the gun was character. Behind the Governnrent for the other 50 per cent, thus dividing responsi­ weapons of destruction was unbought, unpurchasable love of bility and augmenting extravagance, unmindful, apparently, country. Such service, sir, is the only security a republic can that while the taxing power are two, the taxpayer in ,both in­ ever know. Such service spurns the idea of compensatio~ stances is one and the same. The great task of legislation eludes all estimate, and defies the sordid rules of arithmetic. to~day is to ascertain how one class can benefit at the expense Let those disposed to do so trifle with the future by attempting of another class-the taxpayer always the victim. to write across this glorious record " adjusted compensation." Mr. President, in times of adversity, in a severe economic But stern as was th~ task of the American soldier in war and crisis, a people, like individuals; must recur to first principles, unstinted as was the praise he won, a yet more· inexorable obli­ return to the simple homely virtues, the only secure basis for gation and a great opportunity awaited-his return to civil life. either individual prestige or national power. Two roads were The course which we are now pursuing will prove in the long open to us and to all the world at the close of the Great Wa.r­ run more dangerous to our Government- than a foreign foe. A that of waste, extravagance, taxes, and debts or that of econ· proud, strong nation may suffer a reverse in arms, but time may omy, frugality, work, and self-denial. still find it triumphant. An independent and self-reliant people The former leads inevitably to increased worry, greater may be overcome by the fortunes of war, but time fights on misery, and ultimate ruin; the latter to contentment, prosperity, their side to final victory. But a nation whose citizenship has and strength. So far we have chosen the former course. When been drugged and debauched by subsidies and gratuities and we have heard of unrest ,or political discontent, we have readily bonuses, who have surrendered to the excesses. of a treasurti and generously tendered an appropriation. When the tax­ orgy, has taken the road over which no nation has ever yet been payer has protested too earnestly, we have bravely put the able to effect a successful retreat. burden upon posterity. Like economic cannibals, we are prey­ Before we can come back as a people we. must change our ing upon one another, and, going the cannibal one better, -we standards and adopt a different policy. Who will set up the are now preying upon our children and our children's children. new standards? Who will contend for the new policy? It Pro perity we assume is to come, not through individual sacri­ these young men fail to do so, where shall we look for leader­ fice and individual effort, through self-exertion and personal ship? If great tasks and great opportunities be the things for initiative, but through the open door of the Public Treasury. which strong men yearn, this is the most coveted hour in the Although the sources of taxes are drying up, yet those 1who are who1e history of our Republic. The glory of Flanders Field not making their way from the Public Treasury with what and the deathless courage of Chauteau-Thierry will not surpass • 1922. CONGRESSIONAL RECORD-SENATE. 10019

the glory and the courage of the young men who see their duty folly, and fanaticism rule supreme .for the hour and the hour nnd do it now. only. The Great War threw back upon society its most stupendous Mr. 1\IcCUMBER. l\Ir. President, a moment ago all was dark­ task. Nothing like it in all the history of the world. The ness and gloom, but this moment God's sunlight is shining above whole social and economic fabric had been shaken from center us. I still have faith in humanity, that in some way it will to circumference. Many of the most sacred traditions of the find the pathway cleared for the future and that the sons will race, some of the most precious rights of the citizen, seemed be worthy of their fathers. In that faith I think that we can imperiled. Old precedents were discredited. New policies were go on with the business of the country in the confidence that now at hand. To the ordinary citizen the world seemed steeped all of the wisdom, all of the greatness on the face of the earth in debt, the future filled with drudgery and toil. It was a is not behind us, and none gleaming to-day to lighten our path­ stricken world-hunger, disease, crime, suicide, insanity­ way. stricken, it would seem, by one to whom alone vengeance be­ l\Ir. President, the world has met conditions before. The longs. But in spite ot tllis fearful catastrophe the people bore country has met conditions perhaps not quite as dark and up, carried the load with marvelously little complaint--carried gloo~~ as the;y appear to the Senator from Idaho to-day, but it because they were promised on all hands and from every conditions which, measured by its ability to meet them, were quarter by all political parties and all public servants that there far more burdensome than those which are imposed upon our was to be a new and nobler era in governmental affairs. Their shoulders to-day. The Senator from Idaho looks with appre­ interests were to be zealously guarded, sympathetically and vigi­ hension upon the slightest increase in the indebtedness that we lantly protected. We were all to cooperate to lift the load and are to meet next year. Why, Mr. President, notwithstanding lighten the burden. Are we keeping the promise made? Are the fact of the mighty obligations diat were imposed upon us at we fulfilling the pledge? Are we lifting the burden? The faith the close of the Great War, notwithstanding the fact that w-e did of the citizen is after all the sole source of power in a free gov­ not at that time half realize the burden that had been pladraft upon tbe Treasury to be made by instead of depending upon their own initiath·e and their own the ~ompensat~o~ bill, estimates that about $3,800,000,000 might energy. pos ibly be paid m 4-0 years. The country will grow, l\Ir. Presi­ I would turn from that vivid picture he bas just painted, dent, in population and in wealth during the next 40 years and one which I shall remember with delight as long as I lirn, to a in my opinion, if we are owing an honest debt to thes~ me~ country under a patriot and a sage who believed that govern­ we ought to pay them even if it causes a little drain upon our ments were made for men and not men for governments, that pocketbooks. God knows those who have remained at home the source of wealth was in labor and not in law. In his last made enough here in the United States while the:v were serv­ inaugural Thomas Jefferson used these remarkable words, ing their country without added compensation to enable us to which now find their echo in the clarion tones of the Senator pay forty times over the debt we owe them. I do not think from Idaho [l\Ir. BORAH]: we ought to complain if we are called upon to divide a dollar here and there, when we made thousands of dollars, in order At home-- to adjust the compensation of the men who fought our battles. Said Jefferson, in his second inaugnral- I can not quite understand how Senators can stand here and fellow ci.tizens, you best know whether we have done well or ill. The v?te for a good roads measure that will cost $125,000,000 in a suppression of unnecessary offices, or useless establishments and ex­ smgle. year and yet feel that they are committing an offense pen es enables us to discontinue our internal taxes. These covering our against the country if they vote for a bill which will require an land with officers and opening our doors to their intrusions had already begun that process of domicilliary vexation whicb, once entered is appropriation of only $78,000,000 for our sol

has been reasonably necessary to accomplish the object that ~e ~ faetors in •making 'that determination ; and then, when the com­ set out to attain-that of giving the ,country and the - Senat~ mittee brought in its bill, it furnished us •With books claimed our viewpoint with refert=>nce to the various taxes imposed in •to •contain :b:1formation necessary -to enable us to test these this bill. The Senator from Ohio [i\fr. PoMEBENE] this morn­ ·duties; and yet, when you turn to those books, I defy any Sen­ ing interrupted my .good frienu the Senator from Minnesotq ator to point out, .in the summaries which are .giv.en ·with ref­ [1\Ir. KELLOGG] when he was discussing the number .of ,amend­ erence to the 2,000 amendments in this bill, any data or any ments that have been already discussed, and comparing •the information at·.all adequate, indeed, or of consequential im­ amendments in this bill with the Senate committee amend­ portance, in connection with the very fundamental questions ments of past tariff measures, and the time that had been lying at the basis of the rates. That is a vital thing that ·is taken in the cliscussion of this bill as compared with the time omitted. that was taken in the discussion of former bills, with the state­ 'We could -not discuss these rates, we could not test these ment that this particular bill had taken longer in all .of its rates, until we -had sought and found these es ential data stages than the Underwood bill or any other tariff bill; .that in the best way we could and pres:ented them to the Senate for it had taken longer in the Committee on Ways and Means of the .fir t time,rbecause they were not to be· found anywhere in the Hou. e than any other; that it had taken longer before the published evidence or· the published statements of' the com­ the ·committee on Finance than any other; and he added that mittee. it carried 2,000 amendments, or something o•er three t .mes as 11\Ir. KELLOGG. :Mr. President, so far as cost of production many amendments a.s were contained in the Underwood bill in Gennany .:.is concerned, ,fue Senator has ·not produeed any­ l\lr. President, he might have added and still have been thing except the.-s:aJe prices, nor can he. within the limits of truth that this bill contains a larger num­ .Mr. SIMMONS. So far as the committee was concerned, ber of amendments than all the tariff bills that have been passed when it d~lt with ·Germany it undertook to determine e:very­ by the Congress since the Civil War taken together. thing by •tne ·wages paid, or which were Alleged to be paid, 'to I have not made an e..""Cact calculation, but calculating_as far ·German laborers, with full knowledge of ·the fact, I assume, hack ns I have personal knowledge of, and getting some infor­ because they·ought to have had knowledge of 1 tbe fact, that in mation in regard to events even further back than my personal Germany .in very many instances the: labor · costs, for purposes knowledge goes, I a.m quite sure that if I am not altogether of comparison, can not be ascertained .by the amount of wage within the limit of accurate statement I am very nearly within paid in one country or the other. We haveinot been. able to get the limit when I say that .this bill carries more amendments the info-rmation in many instances, but we have tried the best made by the Senate committee than all the ..other tariff bills we could to get it; and the p.uint I am making is, not that we together that have been before the Senate since the Civil War. had to shuffle about to get information but when •we got the If the Senator from Alabama, who hru; great experience and information it 'took time to present that information to the information in these matters, thinks I am incorrect in that state­ .Senate, because. the ·Senate did not·bavethat information- ment, I would be very glad to have him correct me. Mr. KELLOGG. Nobody could get the information. Mr. UNDERWOOD. As far as. my knowledge goes, the Sen­ Mr. SIMMONS. The Senate did rrot have it, as we bava ator is correct. heretofore .bad the essential infoTmation to enable us to ·test ::\Ir. SIMMONS. Mr. President, it is admitted that we have rates as it appeared in the published 1statements •of the com­ now been discussing this bill as long as we discussed ·the Under­ mittee. wood bill, and we have acted upon as many amendments .al­ I contend tba t ·. if you 1 take· in to -consideration the difficulties ready as were attached here to the Underwood bill. We have under which we have had to labor, and these d ifferenees in con­ acted upon 700 amendments already, and I do not think the ditions, we have done,a very remarkable thing in 'having •been Senate Finance Committee made quite 600 amendments to the able to discuss as many· of these amendments as we have dis­ Underwood bill. But out ide and independent of the number cussed. I concede that· we have discussed a greater number of of committee amendments, I want to call the attention of the these items specifically than is ordinarily .done in the ca.se of a Senate to the fact that there is a radical difference with re­ ·tariff bill, but we were considering a bill framed upon a new spect to the time which would reasonably be expected to be · principJe, and the :minority of the -committee -was -entirely satis­ taken .in discussing these .amendments and the time spent in fied that the rates levied by· the committee were -ascertained in discussing tl1e amendments to past tariff bills, especially the a most haphazard sort of a way, and that it was our duty to last two tariff bi11s. 1the people of this country, and to the Senate, not only to investi- Tl10 rates in the Underwood .ta.riff bill were based upon a .gate but to brl.ng facts before the Senate and the country which definite policy. Those .rates were levied .for the purpose of ·would enable Senil.tors and enable the people•to test these rates raising revenue. It was an easy matter to fest those rates and for themselves. That has been our labor. " determine whether the subject under consideration: was one I ·know we have passed tariff bill after tariff bill ·when the upon which a revenue duty might with ~ propriety be imposed. discussions have not been •sufficient to enlighten the people at It was easy to determine whether the revenue duty imposed w.as all and when 'the ·Jaw was finally enacted without the people too great or too small to carry out the general policy upon knowing what was in it. We would have been derelict in our which the bill was framed. Hence, Mr. President, not much duty if we had •permitted that to happen under the circum­ discussion, not much investigation, not much statement of facts stances which now -environ us. ·We have .tried •to carry the in­ were necessary in connection with the discussion of those amend­ formation to the people, and we have succeeded, with the aid ments. ' of an efficient press that felt -about · this 'matter just as we felt The Payne-Aldrich bill was .based, or was supposed to be about it 1and that from the ·beginning up .to the present time ba ed, upon a definite and specific policy in the fixing of the .has given us most helpful and most·cordial cooperation. rates. It was based upon the Republican theory of the differ­ For.the.first time in the history of this country, I want to say, ence in the costs of production here. and abroad. The Finance the·:people · of his country, even those living in the remote . ec· Committee which prepared that measure had investigated those tions, not only the- city J)eople but the country people, are read­ differences and ample data bad been ·furnished the Senate by ing real facts about a tariff bill, because the papers are publish· which we might easily and readily determine and test the .ade­ ing facts about it and are discussing it intelligently. The peo­ qi.1acy or the inadequacy, the justice or the injustice, of the ple are reading about it. They are beginning to understand it rates by the principle upon which . .they were laid. as they never heretofore have understood a tariff bill, and I But when we approach tbis bill we find that a different-situa­ say now, from my experience in .mixing recently with people tion exists. It is not a bill framed upon revenue principles. It living out in the country, where I myself am living, I have is not a bill framed upon the difference in cost of production here never known the people to be as well informed as to what a and abroad; it does not pr.etend to be either. Its sponsors and tariff bill meant to them as ,they are to-day with reference to advocatP do not claim that it is. They admit frankly that what this .bilLm.eans to them, and when you charge that the they sought no such information and got no such information. time we have devoted to bringing to .the people the knowledge It is framed upon the theory of the difference in the selling of what.this bill means 1has been wasted you are speaking far prices of the foreign products and the American products; and wide of the mark. it bas been disclosed in the course of these discus ions-prac­ If you do not appreciate tbe -value of ·.these discussions and tically not derued; indeed, virtually admitted-.-that the com­ the information that bas been disclosed and carried far and mittee is not itself in possession · of the necessary information wide throughout the country to the people of this country, to to enable it to determine whether the duties correctly measure theipeople who have to pay the taxes, let me tell you that the the differences or not. people of the country appreciate it. You may think it has been There was no governmental investigation of •that .question time wasted, but the people of, the United States do not think or,-0f the .factors in that problem. In most instances the 1com­ so. The people of the country and the press of the country .mittee took the statements of witnesses perso.nally interested think that no time has ever been occupied in the -Senate of the .in the •subject matter as to .one or the other,of these essential United States to better advantage in the interest of the people 10022 . CONGRESSIONAL RECORD-SENATE. JULY 6, than the time we have taken to expose this measure in. those quests, but I never have presented a cloture rule. We ha·rn bad particulars in which it is so unjust and unfair to the taxpayer. unanimous-consent agreements with reference to all sort of Mr. President I know there has been a great deal of extrane­ bills, and under those agreements we have made arrangements ous talk during' the seven weeks we have been discussing this with reference to the division of time and the amount of time measure but there never have been seven weeks when the Sen­ and all that sort of thing, but that was a matter of agreement, ate "·as' in session when there was not just about as much that was-a matter of unanimous consent, that was an agreement extraneous talk as we have had during the consideration of this which was so adjusted and arranged that everybody was sntis­ bill. which has come about equally from this side and the other fied and everyone had all the time that he felt wa necessa1-y side. to enable him to discharge bis duty to bis con tituent anY the who is more earnestly and more sincerely anxious to get through committee, in many of which the rates are just as excessive and with the bill than I am. For more than a week I have been vulnerable as in any of the amendments offered by the commit· thoroughly exhausted and thoroughly worn out with it, pbysi­ tee. If the cloture preT"ails, Senators repre enting those who callv unable even when I wished to do so, to discuss it. I will have to pay the taxes imposed in those unamended para· want to see it finished, not only for personal considerations but graphs and sections of the bill will have no opportunity to offer for public considerations. I agree that it ought to be passed upon the floor of the Senate any amendment to correct the as speedily as it can be done with justice to the people who wrong. So we would have possibly between a thou and and are entitled to know the taxes that are being imposed upon them. fifteen hundred separate and independent taxe imposed upon I sympathize with the desfre of the majority to expedite ac~ion. the people of the country just as the committee hacl written So far as I am concerned-and, I know, so far as my associates those taxes and b,rought them in here, without any discussion on this side of the CJhamber are concerned-that within the in this body, without any opportunity to amend a single one of limits of our convictions as to our duty in the premises we them. When before did it ever happen in a free country that are just as anxious as those on the other side of the Chamber it was proposed that men should have their property taxf>

pi;esentation of this motion, praetically to foreclose debate on prices at the present high levels~ when tbe people- are praying the remaining 2,.000 amendments and the other thousands o:f for and demanding lowe11 prices, and although it pro~ides the unamended items in the bill, does not mean that the Republican easy and transparent method by which those interests ·at will Party in. the Senate or outside of the Senate a.re yearning for may further advance their prites and yet enjoy immunity from the passage o:f the bill foreign competition, such as they haYe provided for themselves Mr. President, theY' are not. The country knows they are against domestic competition by combination and. monopoly~ not. It simply means that they have determined that reasons That is what was given to them. of safety call for the summary throttling ot the disclosures I say that no such boon at the expense of a great people and exposures of the outrages, hidden and otherwise screened, was ever. conferred upon. a special class as that conferred by in the various paragraphs and schedules of the· bilL this bill upon the special interests. which ~me before the ·comr There has not been a moment, Mr. President, since Warren mittee and stayed there with their lobbyists• and their experts G. Harding was, installed.in the White House, now nearly a and their accountants until 1they got· exactly what they wanted year and a half ago, that the campaign promises made to the written into the bill. men wh-0 -organized and financed the-- Republican campaign in Mr. President, I, therefore, say the men who are asking that 1920 for immediate revision of the tariff in their interest has this taxation be laid upon the people for the benefit of private not been a nightmare to the administration and its leaders in business· had their full day in court. That day extended Congress; when the thought of the revision of the tariff. at through almost a year, if one considers the time when the this time did not fill them with fear and trembling; and when ta.ri!f negotiations and the tariff conferences-began· between the they have not looked upon it as a thing to be dreaded and committee in the other House and ended in . the committee in avoided if it might be. There is not a Republican leader of the Senate. They had free entrance for themselves and their grasp and vision in the Senate or out.side of the Senate who retainers, and they took· advantage of it at every step of the does not feel and know that this is not an opportune time to proceeding,. which ran through a whole year1 I repeat,. th.ey revise the tariff and that such a revision as those-.who ask and hnve-had their da.y in c-0urt. If ever a litignnt was given a insist upon as a thing promised, due and demanded, is.fraught full ancL a sympathetic hearing, they were given a full and a with danger both to the country and to the Republlean Party. sympathetic hearing. Boies Penrose, the greatest leader the.. Republican Party has But, Mr. Presiden~ where were the o~er parties to this had in the Senate in recent years, saw this and fully appreci­ transaction? Where, during' all of these long months when the ated .and appraised its import. In these circumstances the task beneficial'ies of.. this bill were @njoying the conferences and the of those responsible for action was· to devise ways and , means confidence of the committee framing this· measure, were the discreetly to postpone action to a more propitious time and other parties to that transaction? What was the nature of not to expedite action. These are the reasons1that this bill lay: the transaction 1 It was a proposition to impose a tax, chiefly fallow in the committee for. nearly a year; these are the i·ea­ for the benefit, of certain favored individna.ls ·and corporations sons that it was laid on the shelf for months while a $100,000 in this_ country~ and only incidentally for the benefit of the commission spent months in roaming around the. world in:vesti­ Government, upon whom; Mr. President?' Upon the· 110,000,000 gating. the absurd so-called. American valuation proposition. of people in this country, and upon practically everything that Thus it will be seen that if we are te> have. a tariff bill at this 110,000,000 -0f. people buy and consume. Scarcely anything time, the proponents of this measure wasted a whole yea:r in escaped. Where were the victims of these taxes? What oppor­ backing and filling, in going forward and then going- back­ tunity have. they had to be heard ·upon this question of imposing ward~ in useless wrangllngs and discussions, in. trying to de­ levies upon their property, not for the public benefit but for termine whether anything should be done or n<>thing should be private interest? done, in dilly-dallying and "sparring for time" with the men The people upon whom these taxes were to. be levied and to whom their party was mortgaged and who wanted their collected -were not there. The case- of the tariff ·tax; levy of 1922 " pound of ftesh," regardless of whether th~ season was propi­ against the people is now in the court of last resort. The tious or the time expedient. When at last it was determined taxpayers were denied their day in court, or at least they did to yield to the demands of the interests and ..make the final leap not have it. They did not ask it, and if they did not ask it in the dark, with danger and threatenings of disaster impend­ it was. because they trusted t°' their representatives here to ing, there were more long months of delay. The time which it take ca1·e of their interests. It p1·obably was because they was estimated it would take to do the work was doubled and were. not seekers after special.privileges, like .. these gentlemen trebled before it was finished. who appeared before the committee, but were at home, attend­ What was the cause, Mr. President, of these long,clrawn-ont ing to their private affairs; working in the shops and in the deliberations?" What blocked speedy. action by the committee factories,. working and tolling in the fields and in the stores on the bill? Wha! discussions were going on in the committee and the countinghouses and iIL all the different channels of room? w ·ere they important or were they trivial? Were they employment and activity in the country, attending- to their necessary to the framing of a bill satisfactory to the interests business, that business· in the main being to. secure the neces­ or the drafting of a bill good for the pe-OPle? We know what saries.-upon which to support the life of themselves and their those discussions were, and we know they were not partici­ families. pated in by the people who will have to- pay the taxes. They Mr. Pre ident, the people who are to pay these taxes are in were carried on with the people present who will receive the the main people who deal with the necessary things of life, who benefits of the taxes to be laid.. spend their time trying to accumulatei the simple things that First, there was the question of what sort of a tariff should are necessary to sustain life in a civilized country. They were be written and what should be the basis ot valuation. Should not before the committee. Their case is here to-day. They are the bill be drawn on the cost of production theory? No. Should represented here by their representatives, asking that they be it provide for the American valuation? No. The one was heard in their behalf before the final decree is·rendered: against unsatisfactory to the committee and the other was unsatisfac­ them; and before the writ of execution upon their property is tory· to the interests with whom they were conferring during ordered placed in the hands either of tlle Go:vernment or of . ·these long months. These men who were there askiug that the the private beneficia.J.·ies of these taxes. people be taxed in their behalf did not want the taxes levied Mr. President, here is to be written the decree. either in behalf 11pon the basis of the difference in the costs of production. of the people or against the people; and here is to be written That was not the sort of a tariff for which the~ were looking. not only the decree for levying taxes, but the decree for collect­ The committee, of course, was helpless. Ji>t did not have the ing the taxes· here imposed upon the people. facts; it could not get the facts, as. it admits, to. base the tal.'iff The people have had no opportunity to be beard up to this upon the difference in the costs of production. Therefore that time. Their representatives upon this floor stand here to-day theory of tariff taxation was thrown overboard. The interests asking that they be heard in the only tribunal to which they wanted and insisted upon tariff taxation so levied as to main­ can now appeal for a hearing. They could not get anything tain their present profiteering prices and afford an opportunity like an adequate hearing in the House, becaus~ of the pa1;lia­ to increase those prices hereafter; and that is what they got. mentary situation there and its rules; but here, Mr. President, That was·the subj~ct of the wrangling for months, Mr. Presi­ is a forum in which they bad the right to suppose-that through dent. It :finally terminated in the committee scrapping all the their representatives they would be given full and fair and theories of their party with refei·ence to tariff taxation and adequate hearing, and that nothing necessary to protect their gi vin.g to the interests, who had their ear from day to day, who rights would be denied to them. But what do we have here? swarmed around the committee i·oom, who had their experts A proposition coming from. the other side of the Chamber, a here with volumes of data, the kind of tax they wanted, al­ proposition coming from the committee that drafted this bill though. new in. our history, although containing great wrong imposing these taxes upon these people that have Lever been and: oppression, although calculated aml intended to maintain beard, denying the right of the people's representatives upon 10024 CONGRESSIONAL !~ECORD-SENA.TE. JULY 6,

the floor of this Chamber to stand here and debate these taxes, gling agriculturists of our sections of the country, but we made and to offer amendments for their alleviation or for their re­ no headway. The appeal was ignored and unheeded. It hap­ moval if wholly unjust. You now propose to deny that l'ight. pened that one little State, using about $300,000 worth of that How are you going to stand before the American people in product in ·the growing of potatoes, was to have a senatorial advocacy of such a proPosition as that? When, until this day, primary, and the appeal of one Senator was sufficient to secure has the American citizen had his day in court, or his oppor­ the removal of a duty which the combined appeals of con­ tunity to be heard upon this bill? When is he to be heard if stituencies that use from $15,000,000 to $20,000,000 worth of he i not heard here through his representatives, if my mouth the prod~t were not able to accomplish. is closed and if the mouths of these other gentlemen over here Mr. President, it may be that this gag will be placed upon us. who · stand for him and the mouths of those over on the other It may be that we shall not be able to offer any amendments in side who stand for the consumer and the tax.payer are to be behalf of our constituents. It may be that we will not be per­ clo ed and gaged, and only an hour allowed to discuss 2,000 mitted to debate any of the amendments which are pending. I amendments, those acted upon and those that it is assumed do not know whether this motion will prevail or not. If it will be offered here in the taxpayers' interest, largely--only an prevails, it will not be the end of our discussions ; it will not be hour to discuss them all or to (liscuss the bill, and then the the end of our exposures. There are other bills to come before right of his representatives and spoke men here to offer amend­ the Senate which will probably be called up for action during ment in his behalf is denied? this session of the Senate. There is the ship-supsidy bill, a ~Ir. President, it is very strange that this motion comes at bill which practically gives tlle American merchant marine to a thi particular time. favored few and then requires the Government practically to These charges of filibustering have been made here for a pay the expenses of the operation, so that they may have mo t month. and now, just as we are reaching probably the most of the profits clear and have their property without cost. That important schedules in this whole bill so far as the taxpayers will come up. are concerned, just as we are reaching the cotton schedule and If we are not permitted to discuss the iniquities of Schedule the wool schedule and the silk schedule and the sundries sched­ K and of the cotton schedule and the silk schedule while this ule-all matters of deep and profound importance to the tax­ bill is before the Senate, let me warn the gentlemen who seek pa~·er, every item in them of consequence to him-we are sud­ to get rid of these discussions which we are making here in denlv halted here with this proposition and told that there must behalf of the people of this country, the taxpayers, the men who be no flutber adequate di cussion of the ·e schedules ; that are to pay the taxes you are imposing upon them, instead of there ha8 been enough discu ion about "small" and "trivial" getting rid of them they will simply postpone them, for just matter·. as soon as the next bill is called up, if we are not permitted to Mr. Pre iclent. what one man call a small and trivial mat­ discuss the inlquities of these taxes now, we will discuss them ter may be a t)ig matter to another man. I want to say to then. If the gag is applied on the soldiers' bonus and applied the Senator from Massachusetts [Mr. LODGE], who was making on the ship subsidy bill, and we can not discuss those bills. as his point yesterday, tliat that which eems small and insignifi­ we will have been denied the opportunity to discus this bill, cant and trifling to the man ot great wealth becomes a mat­ then I promise that even though denied a hearing in thi august ter of deep and profound consequence to the poor, sh·uggling body, in this last Chamber and tribunal of deliberative legisla~ man who i making his living by the sweat of his brow; and tive work, if denied by these revolutionary tactics of the ma­ it i · the mas es of thi Nuntry who make their living by the jority the right to discuss these things in this Chamber, then sweat of their brows who are going to have to pay the high we promise you that the people shall know the iniquities of taxes that are imposed in the schedules that we are just about this thing, for we will take their cause to the hustings from to reach. These schedules involve practically every thread of one end of this land to the other, we will take it through the clothing which is to coYer the bodie~ of them. elves and their press, and we will take it through every channel of publicity families, and upon those clothes are to be impo ·ed unheard-of that can be commanded. We tell you that you shall not im­ and unprecedented taxe . pose these burdens upon the people, shall not impose these taxes Mr. President. Schedule K-alias Schedule 11 in this bill­ for private purposes upon the struggling ma ses of this country, Sclledule K, under its alias, is about to be reached ; Schedule K without an opportunity on their part, through their representa­ of infamous fame ; Schedule K. which imposed its cruel bur­ tives, to be heard in this Chamber of this free American Gov­ den · upon the people of this country until there rose here in ernment, not only in the way of opposition and protest but in the United States Senate a man who, although he was a Re­ the way of amendment and amelioration. public-an, in the name of the people had the courage to assail 1\Ir. NORRIS. Mr. President, I have often said, since the it, whose unequaled eloquence in defense of the people against proposition for cloture was suggested two or three week ago, tbe cruel burdens and exactions of Schedule K shook the that I expected. to vote for the cloture rule~ and since I have Capitol from foundation to Dome and thundered over this reached a different conclusion it seems to me only fair that I broad land from ocean to ocean and from the Canadian border should briefly state my reasons to the Senate. to the hulf, arou ing such indignation among the people of this I have reached the conclusion that I ought to vote against country against Schedule K as resulted in the most remarkable cloture from an examination, first, of the cloture rule itself, political upheaval that ha ever taken place in the United and then on account of the condition of the bill to which cloture States from the day of the birth of the Republic. is to be applied under that rule, if it i applied at all. When Here we haw Schedule K magnified, Schedule K standing I take those two things into ·consideration, I can not bring there by the side of Schedule 11, its alias, a dwarf skulking myself to the conclusion that it would be just to apply cloture behind his overshadowing giant companion. We are not to be to the pending tariff bill. permitted to di cuss Schedule K. It might be too dangerous The rule if adopted and applied to a bill of this kind would to the Republican Party to permit us to discuss Schedule K, or­ practically end debate. It provides that after the rule is Schedule K's alias. We a1·e to be gagged. The people's rep­ adopted no Senator shall talk more than one hour in the aggre­ resentatives are to be silenced by the brute force of votes cor­ gate upon the bill and all amendments thereto. Not half ot ralecl by the committee by all sorts of methods of logrolling. the committee amendments have been acted on. Some of the We have seen one State given high protective duties upon most important features in the bill are yet undisposed of. The practically everything it produce~. high enough to force the rule prohibits the offering of any amendments unless the 110,000,000 people of this countly, living in every part of the amendments are read in the Senate before the rule is adopted. United States, to pay for their products a half more than they It i an impossibility for Senators to propose amendments to would have to pay if they were permitted to buy elsewhere, some portions of this bill, with any intelligence, at least, until although the freight on them across the continent amounts to after the committee amendments have been disposed of, and as much as the things themselves are worth. In a short time when I looked into it with reference to some amendments I that State ought to be the richest State in the Union, with wanted to offer myself I say that I could not prepare the practically everything it produce · protected by a prohibitiYe amendments with any intelligence until I knew what the final duty, and all the balance of the country forced to buy its action on the committee amendments would be. Therefore the products, regardless of distance and freight cost . adoption of this rule would, in effect, prohibit the offering of Another item in this bill in which the South and the West amendments to the bill. are interested, of which they are the chief consumers, carried I have not been satisfied with the way time has been taken a high duty. They use the article taxed in raising their cot­ up in the discussion of this bill. To my mind a considerable ton, in raising their tobacco, in rat-sing their corn, and in rais­ portion of the time has been wasted. We have devoted days to ing their truck. It was a tax upon production. It was an unimportant and irrelevant matters, and I confess that I have unwarranted tax. It was an unprecedented tax. Those sec­ felt that we would be justified in adopting some rule that tions appealed to the committee-I know the section from would bring about an end to this almost endless turmoil. When which I come did-to have that burden taken from the strui- I look, however, and see where that rule is going to land us 1922. CONGRESSIONAL RECORD-SEN.ATE. 10025

with the bill in the condition in which it now is, I feel that I Mr. ASHURST. That is what I was tryin·g to illustrate- would be jumping out of the frying pan into the fire. the difficulty. Personally, it is my contention that we ought to have some Mr. NORRIS. The Senator has illustrated the fact that the regular standing rule of the Senate which would automatically written rules can not be enforced. He read a rule which said control debate on the various amendments as we proceed. But that to interrupt another Senator he should address the Chair when we see that the wool schedule, the sugar schedule, the and obtain his permission. When he interrupted the Chair for authority in the bill conferring more power than has ever been the purpose of reading the rule, I, having the floor, taking ad­ conferred upon a President in regard to the tariff, are all un- vantage of the privilege which I think I possess, said I did not di.scussed none of them yet reached in the bill, and when I want to have the rule read, but be read it anyway. That is the realize that the steel schedule is yet subject to individual sena- way the enforcement of the rules of the Senate has gone on. torial amendments, I confess that I am compelled to admit, not- Mr. ASHURST. I was only demonstrating how Senators do withstanding the fact that the rule of the Senate has been so violate the rules. liberal that the right to talk has often been extended and mis- l\fr. NORRIS. The Senator is again violating the rule. used, that to adopt this particular rule and curtail debate just Everyone here knows that the very rule to which the Senator as this would curtail it would be something that to me, when referred has been invoked many times in the Senate. It was I consider the facts and come face to face with them, ·would be sought to be invoked just the other day· by the Senator from obnoxious and something that I could not conscientiously sus- Wisconsin [Mr. LENROOT]. It has been invoked and enforced tain or defend. I have reached the conclusion, Mr. President, many times since I have been in the Senate, but that does not that the rule ought not to prevail. affect unlimited debate. Mr. KING. Mr. President-- There must come a time-it ought to come automatically The PRESIDING OFFICER (Mr. LADD in the chair). Doe!:! under the rules of a legislative body-when the majority should the Senator from Nebraska yield to the Senator from Utah? have its day. There ought to come a time when the majority l\fr. NORRIS. I . yield. could rule, and it is no defense to that proposition to say that l\lr. KING. I want to call the Senator's attention, if it two or three men have filibustered and prevented the majority would not be disturbing to him, to the fact that notwithstand- from having its way and that afterwards those two or three men ing numerou:S provocations in the past, for considerably more were vindicated. That, in my judgment, is no defense. The than 100 years the Senate has resisted every effort ma.de to majority in the end ought to be allowed to rule. If they rule limit debate. It was tried during the Civ·il War. It was unjustly, if they abuse the confidence placed in them by those tried in the days following the Civil War when it was alleged who sent them here, it is for the people to remedy it rather that the Democrats were frittering away time and were resort- than for Senators to resort to a revolutionary proceeding. I am in<• to dilatory tactics and procedure. The Republicans, irked not finding fault with the men who filibuster. I ha·rn done it an~l irritated, suggested upon frequent occasions amendments myself. I would not hesitate to do it again, because the rules to the rules. Men like Mr. l\Iorrill, of Vermont, and Mr. Wil- of the Senate permit it. I am not finding fault with a man if, son, of Massachusetts, eminent Republican Senators, suggested for the purpose of defeating a measure. he talks all day and amendments to the rule, but they never were reported out of all night. The rules of the Senate permit it. We have no right the committee. to censure any Member of the body as long as he is obeying the It was felt, as was stated by former Senator Hoar in an rules. What I am complaining about is that we ought to have a article which he wrote, that there ought to be one place where sort of cloture rule which automatically would end the debate. there was free and unlimited debate. So, notwithstanding, As to the bill that we have here, if we had a rule that would I repeat, the provocation which often confronted honest men, require us, when we reach the consideration of amendments, to thev concluded there was danger in the rule, and the Senate discuss the question before the Senate, and if on those amend­ ha · gone on from 1806 with free and untrammeled debate. ment every speech was limited to 15 minutes, we would get a The Senator, I am sure, in looking back over the history of more intelligent discussion of the bill than we have been getting his country, will feel that there has been no serious abuse; thus far. and that when there has been a filibuster, so charged, in Mr. President, the Senate devoted three days of its time to nearly every instance it has been vindicated and the people a discussion of the paragraph in regard to a tariff duty on log ha-ve approved of the course of those who have resorted to chains. For three days the Senate was in chains, and I think the filibuster. sometimes it is in chains yet. . Ten minutes of intelligent dis- 1\Ir. NORRIS. I know the theory of unlimited debate is a cussion would have permitted the reader or the person who good one, and this Chamber has been the means, by reason of searches the RECORD and examines it to find all the arguments the fact that there has been unlimited debate, of developing a pro and con, while now he will have to read volumes, if he e•er great many th ·ngs through the instrumentality of that debate. gets through with it. But I have reached the conclusion that it is going to be nee- So it is not because I think this interminable debate ought essary for some kind of a limitation to be placed upon debate, to cease that I am opposed to applying the cloture rule. If even in the Senate. there were but one question or two or three questions involved; Mr. ASHURST. Mr. President-- I would not hesitate to vote for it, but the rule it elf, especially The PRESIDING OFFICER. Does the Senator from Ne- in its application where we are seeking to apply it, would, in my braska-- judgment, do more damage and more hurt than has been done ~fr. ASHURST. I know there will be a certain tone of un- or will be done by a continuation of the policy that has been graciousness in what I am about to say, but I think I should going on in the past. say it, nevertheless. It will be remembered that one of the I was interested in some provisions in regard to the steel most able presiding officers who was ever in the chair in this schedule. When the proposition was first made to offer a body was the former senior Senator from Arkansas, Mr. cloture I intended to vote for it, but I commenced to look into Clarke. He always contended that if the presiding officer it and then commenced to realize that the rule, unless the amentl­ would but enforce the rule we would need no cloture. Let me ments were prepared and read before the rule was adopted. read the rule to the Senator. would not permit even the offering of them, and also that we Mr. NORRIS. I am familiar with the rule. had unconsidered in the bill probably the most important sched- ~lr. ASHURST. I doubt if we are familiar with it. Let me ules of all. It seemed to me I would rather bear those ills we read it to the Senator. have than fly to others that we know not of. Mr. NORRIS. Let the Senator read it to himself. I do not Personally-it may be that I am affected somewhat by it, care to hear it, because I know what it is. but I am not conscious of it if I am-I am opposed to the tariff l\fr. ASHURST. I want every other Senator to kn'ow what bill. It could not get my vote unless it was reconstructed from it is. I want the Presiding Officer to know what it is. bottom to top. I think it is based on a wrong principle. I No Senator shall Interrupt another Senator in debate without his think its tendency will be to keep up the present high cost of officerconsent, ; andand no to Senatorobtain suchshall consentspeak more he shall than first twice address upon anythe onepresiding ques· living, because to quite an extent at least the information on tlon in debate on the same day without leave of the Senate, which which it is based is the selling price here and abroad rather shall be determined without debate. than the cost of production here and abroad. I am not finding Senators speak ten times in the same day upon the same ques- fault with those who framed it on that account. I have said tion. but presiding officers sit in the chair and never think of before that I think they were up against an impossible task. I saying "The Senator has already spoken twice." What we think the mistake is that we should try to pass any general tariff need is not a cloture rule, but an application of the rules that bill at the present time. No man living, either in this body or baYe been in existence for a long time. I thank the Senator. outside of it, can secure the evidence, either in this country or Mr. NORRIS. The Senator's own interruption illustrates the abroad, upon which to base the levying of a tariff duty if they difficulty-- · 1 are following the principle of trying to fiiid the difference in the lll026 CONGRESSIONAL RECORD-_ SENATE. JULY 6,

c~st of Production here aud abroad. The world is out of joint. Mr. McCU.MBER. There is time enough remaining if the We must wait until we get back to earth. Senate votes right away on the amenllment and if' there is- r Whea we base a tadff ion prices,. or when to any extent we going to-1be no further discussion. base it on·prices, we are treading on the most dangerous possible Mr.-UNDERWOOD. I did not intend to discu s the amend· ground. In the ,first place, if a man wants. a tariff raised on his · ment; but H the cloture ·rule is adopted to-morrow-and I do product all he has to do is to raise his prices and ·he gets it not think it will· be--it will cu.t off allt Senators from offering But the p:r;inciple is wrong~ We are all crying _out against the amendments to the bill, and it seems to me ,tha.t with only 40 present high cost of living~- If we base the tariff on the differ­ minutes left no Senator will take the responsibility of refu i,ng ence in the selling prices here and abroad, then the tendency -o! to allow other Senators who desire to propose amendments to that tariff is to keep those selling prices intact and hold up the do so. high. selling cost of articles in America, and thus preserve the Mr. JONES of Washington. I do not -desire to prevent the statu quo, the pr,esent high cost of living. It seems to me that presentation of. amendments. is -indefensible.- ~Ir. UNDERWOOD. I ·understood the Senator. So.far as I am personally coneerned, I would be glad to see Mr. JONES of Washington. I thought, however, if we could the. bill defeated. I hope; however, that I am broad minded have a vote it would take probablyt•lO minutesf Washington. I have several amendments to At the proper place insert the following: " On all articles the. products or mcUlll!actures of a~y noncon­ the pending bill which I .desire, under the rule, to offer a.ud have tiguous foreign country, i.n'lpoi·ted into the coptinent.al Umted States read; but if we might, without further debate, secure a vote through a oontiguous forei n ·COu!1try, or· which, bemg en~ered at a on the amendment pending I should be perfectly willing to port of the. United States mQves m transit through a contlgu~us for­ eign country to a United States destination, th.ere shall b~ lev1~, co~­ withhold the presentation of those amendments until the vote lected and paid in addition to all other duties as proVIded in t his shall have been taken. The amendments which I desire to act a' sum equai to the charge-or- proportional cbarge for transporta­ offer will have to be read. tioit· of such articles within the foreign contigUous counti·y.'' . · On page 32 strike out lines 18 to 24 and insert the followmg : l\fr. TRAMMELL. I also have an amendment which I desire " SEC. 204. Lime, in cooperage, 50 cents per 100 _Pounds, gro s / to have read under the rule. in order that it may be pending if weight· lime, in bulk, 3<> cent per 100 pound , gross weight; hydrated the clotw·e rule shall be adopted to-morrow. The amendment lime, 4o cents per 100 pounds, gross_ weight; Um~tone, br?ken or cru bed in bulk 15 cents per lQO pounds; gr.ound lunestone, m bags, I desire to offer is a short amendment. It will take only a n cents per 100 pounds; ground limestone, in bulk~ 5 ~en ts per 100 ' moment or two to present it and have it read. pounds, including in every case the weight of the oontaine:r." Mr. UNDERWOOD. Mr. President, I have no objection to Insert a new section, as follows~ "SJCc. -. That a du.ty of 6 cents per .net ton, not to exceed in. th& taldng .a vote. on the pending amendment; but it is late in the aggregate 80 cents per net ton in any one year, is hereby impo!'ed evening and a good many Senato,rs are absent who desire to be at each- entry by sea on all 'Vessels which shall be entered in any present. The amendment is important, and I think that we port of the United States from any foreign, P<>rt .or pla..ce in North .America Central America, the West India Islands. the Bahama Islands, should have a quorum call if we are going to vote on the the Bermuda I slands, the coast of South America bordering on the amendment this evening. Sea, or Newfoundland; and a duty of 12 cents per net to~, Mr. JONES of Washington. I should desire a yea-and-nay not to exceed in the aggregate $1.20 per n et ton in any one ye:ar, l hereby imposed at each entry by sea on all vessels which . ~hall be vote on the amendment. entered in any port of the United States from any other. foreign port Mr. UJSDERWOOD. I am afraid -that if we undel'take to or place, not, however, ta include -vessels in distress• or not engaged consider the amendment at this late hour we may prevent in trade." Insert a new section, as .follows : Senators who tlesire to offer amendments before a vote takes " SEC. -. Hereafter all goods, wares, and merchandi e imJ?orled in place on the cloture rule from doing so. vessels other than ve els of the United States shall b subject to a Mr. JONES. of Washington. Of course, I should not desire dutY' of 5 per cent ad valorem in excess--of the •duties herein impo ed, and all goods, wares, and merchandise, excepting tea. a nd coffe . se. to do that. I take it, then, that we shall not have an oppor­ imported which are otherwise admitted free under this act shall pa:r tunity to vote on the amendment to-night. a duty of 2 per cent ad valorem: Prt>-vidod, That the fore-goin~ pro­ :Mr. McCmIBER. I think there are enough Senators pres­ visions shall not go into effect as to goods ware , and mm:cban

  • sident under the terms of such treaties." do not think that. Senators were expecting to vote on th~ Insert a new seetion, as follows : amendment this evening. I think we should have a quorum_ " SEC. -. That when used in this eotlonn- call to give them an.oppo.l'tunity to come to the Senate. .. 'l'he term ' Secretary ' means the Secretary of Commerce; 1922. CONGRESSIONAL RECORD-SENATE. 10027

    "The term 'public corporati<>n' means a St~te, a legal subdlvislon " (d) Adequate water and sewer mains; thereof or a municipality. or a lawfully authorized public agency of a " (e) Adequate quarters and faci1ities for the officers and employees State or a municipality; . of the United States, State, and municipality whose duties may re~ " The term • applicant • means a public corporation applymg for the quire theit' presence within the zone ; eight to establish, operate, and maintain a foreign trade zone; . "(f) Adequate inclosures to segregate the zone from customs terri­ " The term ' ·grantee • means a public ~orporation to "'._hlch the privi­ tory for protection of the revenue, together with suitable provisions for lege of establh;hing, operating, and mamtaining a foreign trade zone ingress and egress of persons, conveyances, vessels, and merchandise. 0 "(g) Such otbe1· facilities as may be required by the Secretary of ha~ ~~~n tli!. ~;~ne ' mean a ' foreign trade zone ' as provided in this Commerce, the Secretary of War, and the ::iecretary of the Treasury, section. · · d actin"' jointly. " The Secretary is hereby authorized, subject to th~ conditions an "The grantee may, with the approval of the Secretary of Commerce restrktions of this section and of the rules and regulations made .there­ and the Secretary of the Treasury, and under reasonable and uniform under, upon application as hereina~er provide.d, to grant ~o p_u~hc cor­ regulations for like conditions and circumstances to be prescribed by porations the privilege of establlshrng, operatmg, and mamta~~ f_or­ them, permit private persons, firms, corporations, or a::;sociations to eign trade zones in or adjacent to ports of entry under the juris!i.ichf the record in the pro­ municipality in which the zone i~ locate!1 in the .exerci;ie of their ceedings held before them under this section, the charges, the evidence, ... police sanitary and other powers m and m connection with the free and the order revoking the grant. The testimony and evidence taken zonP. ' He shall' also cooperate witb the United States Customs Service, or submitted before the Secretaries, duly certified and filed as a part the Post Office Department, the Public Health Service, the. Bur~au ~f of the record, shall be considered by the court as the evidence in the Immigration, and such other Fe'tances other cluded in a zone ls in tbe United States, an agreement to use S'Uch than those as to which it is held invalid shall not be affected thereby. property for zone purposes may be entered into between the grantee " That the right to alter, amend, or repeal this section is hereby and tbe department or officer of the United States having control of reserved." the ume, under such conditions approved by the Secretary and such In line 13, page 29, after the word "nitrite," strike out " 3 " and department or officer, as may be agreed upon. insert "5." •· Each grantee shall provide and maintain in connection with the PART -.-ESTABLISIIMENT OF FORE.ION TRADE ZONES. wne- Insert a new section as follows : " (a) .Adequate slips dock~, wharves warehouses, loading and un­ "SEC. -. 'The SecretJiry ot the Treasury, upon the recommendation loading and mooring facilities where the zone is adjacent to water; ot the Secretary of Commerce, may grant to public corporations the or in 'the case of an inland zone, adequate loading, unloading, and privilege of establishing, operating, and maintaining foreign trade zones warehouse facilities : . in or adjacent to ports of entry in the jurisdiction of the United States. •· (b) Adequate transpo1·tation connections with the surrounding " Foreign and domestic merchandise of every description, except such territory and with all parts of the United States, so arranged as to as ts prohibited by law, may, without being subject to the customs laws permit of proper guarding and inspection for the protection of th& of the United States, except as otherwise provided in this act, be brought into a zone and there stored, manufactured, exhibited, brokf'n re;~(~) ;Adequate facilitie for coal or other fuel and for light and up repacked, assembled, distributed, sorted, rr.fined, graded, cleaned, power; mixed with foreign or domestic merchandise or otherwise manipulated, '10028 CONGRESSIONAL RECORD-SENATE. JULY 6,

    and be exported, and foreign merchandise may be sent into cmstoms lat:ion, aiIcting the r evenue, and regulating the entry and clearance of vessels into and from foreign trade zones, ahd shall prescribe the conditions doubtful question as to whether some benefit is to come to the 'tor 1he granting of a conce sion for the establishment of a. foreign trade United States or to a foreign country, to hwtate about resolv­ zone,, as· wf'U a~ the conditions for revoking such a grant, and also any ing that doubt. I feel disposed, upon issues of that kind, to other regulations which may be necessary tor carrying into effect the provisions of this section." give the benefit of the doubt to my own country. When we see the example of the means which have been taken-and properly Ur . .McCU\ffiER. I wish to correct what I stated a moment taken, as has been said by my colleague-by the Government of ago. On examination, I see that the rule does require that pro­ Canada to prefer their own merchant marine, to promote the posed amendments shall be read. registry of vessels under the British flag, I see no reason why ~Ir. TRAimfELL. I present an amendment. and I ask to we should hesitate to take any proper, legitimate, honorable have it read and considered as pending if the cloture rule shall merurs for preferring our merchant marine, for encouraging be adopted to--morrow morning. the keeping of vessels in American registry instead of encourag­ 'The PRESIDING OFFICER. The amendment intended to mg their transfer to British registry. be proposed by the Senator from Florida will be read. There are, as it seems to me from an examination of the The READING CLERK. On page 230, beginning in line 4, it is showing which has been made upon this question, two ways proposed to strike out all of paragraph 1635 and insert in lieu in which that can be accomplished. One of them is along the thereof: lines proposed in the amendment offered by the senior Sena­ PAR. 1635. Potassium chloride or muriate of potash, potassium sul­ tor from Washington [Mr. JONES], which wiTl have the effect phnte, kainite, wood ashes, a11d beet-root ashes, and all crude potash salts not specially provided for and the actual potash (potassium of requiring fish caught in the No1·th Paci.tie waters which are oxide) content of all the foregoing shall be admitted free of duty: to be marketed in the United ·states-that is where our juris­ Tbe PRE'SIDING OFFICER. The pending amendment will d iction and our right comes in, the control of our own mar­ • be stated. kets-in the imposition of restrictions upon imports to that The READING CLERK. On page 102, line 19, the Senator from market and upon the manner in which the products, even ot Washington moves to amend by inserting after the word American industry itself, shall be placed upon that market­ "pound " the following proviso : to require that fish caught in North Pacific waters for the American market shall be shipped from an American port. ProV"ided, That from and after 90 days after the enactment of this act no fresh or frozen baTibut, salmon, or swordfish from the North The consequence of adopting this amendment will be to de­ 'Pacific Ocean or its tributary waters shall be admitted into the United velop the fishery industry of the North Pacific at the town Sta t es .through any foreign country, except when .the same shall be in of Ketchikan--tbat seems to be the most convenient town­ bond from an American port. - which has already a considerable industry attached to the Mr. UNDERWOOD. Mr. Presiuent, I suggest the absence ot catching and the marketing of halibut and other North Pa­ a quorum. cific fishes; or, if it is defeated, to leave the industry to a The PRESIDING OFFICER. The Secretary will call tl1e foreign port, Pr:inee Rupert, the terminus of the Grand Trunk roll. Pacific Railroad in Brit:sh Columbia. Tbe reading cler.k called the r<>ll, and the following Senators Prince Rupert is some 600 miles north of Seattle. Ketchi· answered to their names: kan, Alaska, is approximately 100 miles north ot Prince Ru· pert. The fisheries from which this great supply of .fish come ii!~1urst g~~"D railroad, if that is to be allowed, as l\fr. JONES of Washington. I ask for the -yeas and nays. it is allowed unless some such amendment as that proposed by Mr. POINDEXTER. Mr. President, before the vote is taken my colleague is-to be adopted, then they should take the burden I want to say a word in favor of the amendment offered by my that is imposed upon the products of a foreign coontry, and colleague. American labor and .American railroads should receive the bene­ The fisheries of Alaska, only parity developed, constitute one fit of ca tariff which is impoged to. give the preference to our own of the most valuable natural sources of wealth in the posses­ industry. sions of the United States. They can be made the means of the l\fr. KING. Mr. President, will the Senator yield? I d ~ i re development of a great American indust.ry, American in the to ask a question for information. true sense of the word, not orrly ·giving employment to Ameri­ 1\cfr. POINDEXTER. I yield to the Senator from Utah. cans in the various branches of the wo-rk of catelring and pre­ Mr. KING. As I understand this amendment-and I confess paring and shipping this great food product f.or the market of that I do not understand it, but a..'3 it was read and ·as I in~ the United States, which is the greatest population eon&mning terpret it--'it means than an Ameriean fishing bl Paci.fie waters valuable food fish in the world, but they can be made the and contiguous to the Canadian share, or remote from it, it means of developing what we need probably more than any is wholly 1mma.terial-if he takes his fish to a Canadian port other element in .our natio11al life, and that is a se-afaring popui. and there cures the fish may not bring them into the United

    - ,. 1922. CON GRESSION.A.L RECORD-SEN.ATE. 10029

    States. Though be is willing to pay all the tariff that we im­ Mr. POINDEXTER. Tliat is a bund:r;ed miles nearer the pose, he is absolutely prohibited from bringing them here. fisheries than Prince Rupert. There would be very much in the Senator's argument, if my Mr. McCD¥BER. But they can not send them over the premise is correct, if we should penalize him for going into Canadian Pacific--- the Canadian port with his fish by imposing a heavy duty ; .Mr. POINDEXTER. I am not so conceJ,'ned about the but to prohibit him absolutely from bringing into the United Canadian Pacific. States bis product after it is cured or iced seems to me-- Mr. McCUMBER. They can not send them to Minneapolis Mr. POINDEXTER. We do not prohibit him from bringing and St. Paul, across the line- it into the United States. We allow him to bring it into the Mr. POINDEXTER. Yes. United States according to the amendment offered by the Sena~ Mr. McCUMBER. Just a moment. I will tell what the fish­ tor from Washington, but we require him to ship the fish from erman has to do. He bas to send them to an American port-- an American port as a condition or restriction upon getting the :b1r. POINDEXTER. It is the purpose of this amendment benefit of the American market. He can bring them into the to require him to do that. It is our market. It is our country. American market; and for the purpose of developing a great We can lay down such conditions a.s we choose on those seeking fishing industry in this country, and in the interest of the mer­ to enjoy its benefits. . chant marine and of a source of supply of the Navy in time. of Mr. McCUl\IBER. I had not finished my sentence. He has great emergency, I see nothing unreasonable in imposing such to send them to an American port. What port? Ketchikan. a condition as that upon this industry. It is not a hard condi­ After he gets them to Ketchikan, what is he going to do with tion. Why should not these men go to Ketchikan instead of to them? He has to bring them back to Prince :ij.upert, ship t.b.em Prince Rupert? back a.ga.in, or else he has to go to Seattle and if two or three 1\fr. W ALSII of Montana. Mr. President-- days out from Seattle his fish are ruined by reason of the long Mr. KING. · If the Senator will pardon me, then, as I under­ trip, he has to send them seco1;l.d or third class. That is really stand the Senator, he does admit that if the fisherman goes to what it means. the Canadian port first he may not then bring his. product into Mr. POINDEXTER. No; that is not what it means at all. the United States? Mr. McCUl\lBER. The Senator can n-0t make it mean any~ Mr. POINDEXTER. That is true. thing else. Mr. KING. No matter if he is willing to pay the tal'iff that l\fr. POINDEXTER. I will show you why you can not make we impose upon other fishermen or other countries, he can not it mean that. The trouble with the Senator from North Da­ bring that catch into the United States? kota-and it is not to be wondered at, with the vast multitude of Mr. POINDEXTER. But we do not impose a tariff. paragraphs and items in this bill-is that he has not a very clear i.'!:r. KING. Well, suppose we did. idea of the geography of these ports and the tisheries whlch Mr. POINDE....""{TER. If we did, it would be an entirely dif­ are seeking this benefit. The Senator talks a.bout taking fish ferent question. If we did, then the result that is sought by from Prince Rupert to Ketchikan and then bringing them back the amendment of my colleague would be reached in another to Prince Rupert. The fish are caught two or three bu,ndred way; and if that amendment is defeated I expect to offer an miles llOrth of Ketchikan and they reach Ketchikan from the amendment, at least for the purpose of making a record, and fisheries a hundred miles befme they get to Prince Rupert. have the Senate vote upon it, to impose the duty provided in There is no question about taking them to Prince Rupert and this bill upon fish imported from a foreign country, upon fish, bringing them back again to Ketchikan and then taking them wherever they may be caught, that are packed and prepared from Ketchikan to Prince Rupert. for shipment in a foreign country, by foreign labor, and shipped fr. McCUMBER. I am assuming that a :fleet go out from over foreign railroads. Prince Rupert and catch some of these fish; they may catch The suggestion of the Senator from Utah, however, does not them nearer Prince Rupert or they may catch them fa:i;ther apply at all as the bill is now framed, or as the existing law away, but the testimony of those who are engaged in fishing is, that they are subject to the penalty of paying a tariff upon is that, even if they had to go to Ketchikan, they would still the shipment of fish to the United States. They -are regarded have to go back to Prince Rupert and send tbem through that as a domestic product. The Treasury decisions are to the effect way to get them to the Canadian and Amerio.an marke,ts. that even where fish caught by American fishermen operating Mr. POINDEXTER. They do not have to go back to Prince vessels of American registry are prepared for shipment upon Rupert, been.use tbey do not come from Prince Rupert. Under some foreign territory-as, for instance, upon the coast of those conditions Prince Rupert would be merely a way station Labrador-and are shipped from that point into the United on the way from the fisheries to the market. States, they pay no tariff, because they are regarded and de­ To show how entirely practicable it is for them to carry on cided under the Treasury rulings to be the product of American their fishery industry at Ketchikan instead of at Prince Rupert, fisheries. let us take the figures for 1921 of the halibut shipments from Mr. WALSH of Montana. That was what I desired to inq-o.ire Alaskan waters, as they are called; they are called North of the Senator. Under· the existing law the Alaska fisherman Pacific waters, more properly, in the amendment of my col­ may bring his fish into the port of Prince Rupert and dress league. them there, ice them there, or dry them, and ship them over the In that year there were received at Ketchikan 5,923,000 Canadian railroads in bond into the eastern markets without pounds of halibut. So evidently it is feasible and practicable the payment of any duty. to deliver halibut at Ketchikan, prepare them there for mar­ Mr. POINDEXTER. Not Canadian fishermen but American ket, and ship them from there to the market. But there are fishermen. greater advantages under the present system in taking,, them to Mr. WALSH of Montana. Yes; American fishermen, either Prince Rupert, under the orders in council of the Dominion of from the States or from Alaska. Canada, intended for the purpose of bringing that industry Mr. POINDEXTER. Without the payment of any duty. Of there, of employing Canadians, and of giving business to Cana­ coUI·se, no duty is paid on that fish now; but that would also dian railroads. So at Prince Rupert in that year there were be the condition even under this bill, should it be enacted in received 20,342,000 pounds. At Vancouver, British Columbia, its present form. there were received 3,934.000 pounds, and at Seattle there were Mr. McCUMBER. I want the Senator to make no mistake received 11,650,000 pounds. So in 1921 there were 16,000,000 as to what the amendment is. The amendment reads : pounds of halibut taken from the fisheries to American ports- 5,000,000 of them to Ketchikan, 11,000,000 to Seattle. Under Pro-i;ided, That from and after 90 days after the enactment of, this act no fresh or froz.en halibut, salmon, or swordfish from the North those conditions why is it impossible or impracticable to en­ Pacific Ocean or its tributary waters shall be admitted into the United courage the taking of these fish to American ports and· to States through any foreign country, except when the same shall be in de"elop the industry there instead of allowing it all to go, as bond from an American port. the tendency now is, as is also shown by the figures I have That is clear and specific. cited, to Prince Rupert? Mr. POINDEXTER. That is what I stated. What is the objection made? There is an objection made by Mr. McCUMBER. If a Canadian fishing fleet goes out from some of our own people, who, I suppose, will read what I am Prince Rupert and catches fish and brings them back into saying here. The owners of those boats app.arently care very Prince Rupert, it is an embargo against them. Tlley could not little about which port they go to. They go to the most con­ bring them in under this amendment. They could not even venient port. They go to the port where they can make the bring them into the United States by paying a duty. most money under present conditions, and when they are asked l\1r. POINDEXTER. All that they would be required to do to join in building up this great industry, which is carried on in order to bring them in would be to take them into Ketchikan. by American citizens and which ought to be developed in all Mr. l\IcCUl\lBER. In other words, take them there, and then of its various branches by American labor by bringing the fish take them to Ketchikan. to an American port, their objection is that .there ure not 10030 CONGRESSIONAL RECORD-SENATE. JULY 6,

    sufficient transportation lines between Ketchikan and Prince ment simply with American fishermen. It provides that any Rupert and between Ketchikan and Seattle; that there are fish caught in the north Pacific Ocean, whether they are caught not sufficient

    ·Mr. LENROOT. l\Iay I ask the Senator why that is not done Mr. CURTIS. I wish to annolmce the following pairs : instead of urging this very unusual embargo, when the ·Senator The Senator from Yermont [Mr. DILLINGHAM] with the Sen· himself now says that to impose the ordinary tariff rate will ator from Virginia [Mr. GLASS] ; accomplish all that he desires to accomplish? The .Senator from West Virginia [Mr. ELKINS] with the Sen­ Mr. POINDEXTER. It will not accomplish all that I desire. ator from Mississippi [Mr. HARRISON] ; l\Ir. LENROOT. All that any American ought to ask, it The junior Senator from Kentucky [Mr. ERNST] with the seems to me. senior Senator from Kentucky [Mr. STANLEY] ; and Mr. POINDEXTER. Some Americans ask more than others The Senator from Maine [Mr. FERNALD] with the Senator for their country. I ask a good deal when the question. is from New Mexico [Mr. JoNES]. whether we shall favor our own people or foreigners in the The result was announced-yeas 19, nays 32, as follows : rivalry of trade. YE.AS-19. The decision of the Treasury Department to which I have Ashurs t .Tones, Wash. Nicholson Rawson referred, in concluding, uses this language: Bur sum Lodge Norbeck Sterling Ca.meron The American !fishing vessPl took no part in the fishing operations McKinley Oddie Wanen Edge McNary Phipps Willis in question here except to convey from the United States to New­ Gooding foundland certain fishing supplies. A portion of the fishing tackle New Poindexter .. so conveyed was used under the supervision and by employees of an NA.YS-22. American citizen temporarily at Bonne Bay, Newfoundland; but the Ball Harris Lenroot Smoot fishermen engaged there for service apparently used their own boats Borah Heflin Mccumber Spencer and presumably obtained there their supplies. The fish so caught Brous ard Kellogg Moses fiutherland were cured -0n British soil and shipped to the United States in a Calder Kendrick Nelson Trammell Briti~h vessel, Held, the importation was not entitled to free entry Capper Keyes Norris Underwood as the product of American fisheries under paragraph 567. Caraway King Overman Wadsworth Paragraph 567 corresponds to the paragraph that I ha-ve just Gurtis Ladd Pep-per Walsh, Mass. read. There is a ca e parallel to the one we are discussing, Dial La Follette Sheppard Watson, Ind. where the fi. h are packed or frozen in a foreign port. Both NOT VOTING--45. Brandegee Frelinghu,y.sen Myers Smith processes are used. Fish for what is called the fresh-fish Colt Gerry Newbeny Stanfield market, in eastern cities, must be marketed under regulations Crow Glass Owen Stanley of the cities or the States, and I think also under regulations Culberson Hale Page Swanson of the Federal Government, within n certain number of days Commins Harreld Pittman Townsend Dillingham Harrison Pomerene Walsh, Mont. after they are caught. If they can not be delivered within du Pont Hitchcock Ransdell Watson, Ga. that number of days and be classed as fresh fish for the city Elkins .T ohuson Reed Weller Ernst .Tones, N. Mex. Robinson Williama market, the~· are frozen and kept in cold-storage houses in a Fernald McCormick Shields frozen condition and .are shipped when the market justifies it. Fletcher McKellar Shortridge Fre..: h fish, so called, are packed in ice in boxes and shipped France McLean Simmons into the eastern markets. The freezing. the warehousing, the So the amendment of Mr. JONES of Wa hington to the furnishing of the boxes, the packing in the boxes, the supplying amendment of the committee was rejected. of the ice, all of the labor connected with those things and the The PRESIDING OFFICER. The question is on the commit­ br;nging of the fish to market thousands ·of miles across the tee amendment as amended. country, are done by foreigners upon foreign soil, and there is Mr. POINDEXTER. I offer the amendment to the amend­ no reason why the result of this labor should be regarded as ment of the committee which I send to the desk and ask that the product of a domestic industry. it may lie ove1· until to-m~rrow. I ask, however, that the I hope the amendment of my colleague will be adopt~. If Secretary may read it. it should not be adopted, I shall offer the amendment to which The PRESIDING OFFICER. The amendment to the amend­ I ha-\·e referred. ment will be read. The PRESIDING OFFICER. The question is on agreeing to The READING CLERK. Amend the committee amendment in the amendnrent offered by the Senator from Washington [Mr. line 19, page 102, by inserting after the word " pound " the fol­ Jo~Es] to the amendment of the committee. lowing proviso: l\Ir. JONES of Washington. I ask f.or the yeas and nays. Provided, That fish prepared or packed·in a foreign country for ship.. The yeas and nays were ordered, and the reading clerk pro­ ment and shipped fr<>m a foreign country into the United States i-n a ceeded to call the roll. ship of foreign registry or over a railroad running thro.ngh a foreign Mr. BALL (when his name was called). I have a general country shall be ~ubject to the duties prescribed by this paragraph. pair with the Senator from Florida [l\Ir. FLETCHER]. I transfer l\fr. POINDEXTER. I ask for a vote upon the amendment that pair to my colleague [Mr. DU PONT] and vote "nay." which I have submitted to the wne:adment of the committee. Mr. EDGE (when his name was called). I transfer my pair The PRESIDING -OFFICER. The question is on the amend· with the senior Senator from Oklahoma [Mr. OwEN] to the ment offered by the Senato,r from Washington to the amendment senior Senator from Maryland [Mr. FRANCE] and vote "yea." reported by the committee. Mr. NEW (when his name was called). I transfer my pair Mr. McCUMBER. Mr. President, I hardly think that we with the junior Senator from Tennessee [MT. McKELLAR] to the ought to vote on an amendment which we have scarcely had junior Senator from Maryland [Mr. 'VEiI..LER] and vote "yea.'~ time even to read and to draw a conclusion as to what its Mr. STERLING (when his name was called). I transfer my meaning is. I hope the Senator will give lls time at least to pair with the Senator from South Carolina [Mr. SMITH] to the read it. Senator from Oklahoma [Mr. HARRELD] and vote" yea." Mr. POINDEXTER. In the hope that the chairman of the l\!r. TRAl\11.\-IELL (when his name was called). I transfer committee will look with favor on the amendment and accept my pair with the senior Senator from Rhode Island [Mr. it, I accede to his request that it may lie over. CoLT] to the senior Senator from Texas [Mr. CULBERSON] and EXECUTIVE SESSION. vote "nay." l\fr. McCUMBER. I move that the Senate proceed to the l\1r. WALSH of Montana (when his name was called). I consideration of executive business. have a general pair with the Senator from New Jersey [Mr. The motion was agreed to; and the Senate proceeded to the FRELINGHUYSEN]. In his absence I withhold my vote. consideration of ex..ecutive business. After five minute spent l\fr. WAT SON of Indiana (when his n&.me was called). I in executive session the doors were reopened. transfer my general pair with the senior Senator from Missis­ sippi [Mr. WILLIAMS] to the senior Senator from Pennsylvania DEATH OF· REPRESENTATIVE MOSES P. KINKAID. [Mr. Cnow] and vote" nay." Mr. NORRIS. Mr. President, it becomes my sad duty to The roll call was concluded. announce to the Senate the death of Hon. MosEs P. KINKAID. Mr. SUTHERLA...... "ND. I transfer my general pair with the for .20 years a Member of the House of Representatives from senior Senator from Arkansas [Mr. ROBINSON] to the senior the State of Nebraska, who died in this city this morning. Senator from Connecticut [Mr. BRANDEGEE] and vote "nay." I ask unanimou.· consent for the present consideration of l\Ir. JONES of Washington (after having voted in the affirma- the resolutions which I send to the desk. tive). Has the senior Senator from Virginia [Mr. SWANSON] The resolutions ( S. Res. 318) were read, considered by voted? unanimous consent, and unanimously agreed to, as follows: The PRESIDING OFFICER. That Senator has not voted. Resolved, That the Senate has beard with profound sorrow the announcement of the death of Hon. MosFJs P. KINKAID, late a Repre­ l\Ir. JONES of Washington. That Senator is necessarily sentative from the State of Nebraska. absent and I promised to pair with him for the day. I find, Resolved). That a c-0mmittee ()f six Senators be appointed by the however, that I can transfer that pair to the junior Senator Prt- ifling ufficer to attend the funeral. Rcsoh;ed.t... That the Secretary cotnmunicate these re!'lolutions to the from l\Iichigan [Mr. NEWBERRY], which I do, and allow my vote House of .ttepresentative:s aud transmit a copy thereol'. to the family to stand. et the deceased. 10032 CONGRESSIONAL RECORD-SENATE. JULY 6,

    The PRESIDING OFFICER, under the second resolution, REAPPOINTMENT IN THE REGULAR .ARMY. appointed l\lr. NORRIS, l\lr. HITCHCOCK, l\fr. JONES of Washing­ Maj. Gen. Clarence Charles Williams, Chief of Ordnance, to ton, Mr. ASHURST, Mr. JOHNSON, and Mr. NORBECK as the com­ be Chief of Ordnance, with the rank of major general, for the mittee on the part of the Senate to attend the funeral. of the period of four years beginning July 16, 1922, with rank from deceased Representative. July 16, 1918. His present appointment will expire July 15, Mr. NORRIS. l\fr. President, as a further mark of respect 1922. to the. memory of the deceased Representative I move that the Senate take a recess. The mot:on was unanimously agreed to; and (at 6 o'clock CONFIRMATIONS. and 25 minutes p. m.) the Senate, under the order previously Ew;c-utive nominations confirmed by the Senate July 6 (legis­ made, took a recess until to-morrow, Friday, July 7, 1922, at lative day of April 20), 1922. 11 o'clock a. m. - UNITED STATES ATTORNEYS. NOMINATIONS. William T. Carden to be United States attorney, District of Hawaii. E x e