2552 CONGRESSIONAL RECORD-SENATE MARCH 8 6834. By the SPEAKER: Petition of assembly of youth, MESSAGE FROM THE PRESIDENT committee for Philadelphia Youth Council, Philadelphia, Pa., A message in writing from the President of the United petitioning consideration of their resolution with reference to States was communicated to the Senate by Mr. Latta, one of antialien legislation; to the Committee on Immigration and his secretaries. Naturalization. EXPENSES OF THE INTERNATIONAL TECHNICAL COMMITTEE OF AERIAL 6835. Also, petition of Missionary District of the Panama LEGAL EXPERTS Canal Zone, Ancon, C. Z., petitioning consideration of their The VICE PRESIDENT laid before the Senate the follow resolution with reference to regulation and restrictions of ing message from the President of the United States, which employment; to the Committee on Merchant Marine and was read, and, with the accompanying papers, referred to the Fisheries. Committee on Foreign _Relations: To the Congress of the United States of America: SENATE I commend to the favorable consideration of the Congress F~IDAY, MARCH 8, 1940 the enclosed report from the Secretary of State to the end that Public Resolution Numbered 254, approved August 7, (Legislative day of Monday, March 4, 1940) 1935 (49 Stat. 540), be amended by repealing section 2 of the The Senate met at 12 o'clock meridian, on the expiration resolution, which terminates the provisions of the resolution of the recess. as of June 30, 1941, so as to provide an annual appropria The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the tion to meet the share of the United States toward the ex following prayer: penses of the International Technical Committee of Aerial Dear Lord and Heavenly Father, we come to Thee as Legal Experts and for participation in the meetings of the ccmmittee and the Commissions established by that Com humble penitents seeking the comfort of the divine pledge of mittee. the forgiveness of our sins. Cleanse Thou our hearts from all envy, hatred, and malice, that in our thoughts, our words, FRANKLIN D. ROOSEVELT. and our actions we may show to each other only the spirit THE WHITE HousE, March 8, 1940. of courtesy and kindness as we wrestle with the problems Enclosure: Report. that are pressing for solution to the advancement of Thy glory, the safety, honor, and welfare of Thy people. PETITIONS AND MEMORIAL Do Thou clarify our vision, gird us for our toil, direct our The VICE PRESIDENT laid before the Senate a resolution minds and wills, and grant that we may never lose our self of the Pennsylvania District Executive Board of the State, respect nor forfeit the confidence of those who trust us now County, and Municipal Workers of America color, or any political activity in support of or in opposition a~ department which is financed in whole or in part by Federal to any candidate or any political party in any election. loans or grants, not that he has to receive part of his salary Likewise the act makes it unlawful for any person to solicit from them. · or to receive in any manner funds or subscriptions for any Mr. PEPPER. That was included in my statement, al political purpose from any person known by him to · be though I thank the able Senator from Indiana for his sug entitled to or receiving compensation, emplo:yment, or other gestion. benefits provided for or made possible by any act of Con Mr. President, I did not deny that the Federal Congress gress appropriating funds for work relief or relief purposes. lacked the power to pass that kind of a law, I did not question The act makes it unlawful for any person for political the jurisdiction of the Federal Government to prescribe those purposes to disclose, or to aid or assist in disclosing, any list limitations upon the activities of those who are even partially or names of persons receiving Federal compensation so that the beneficiaries of Federal funds, even though indirectly so, they may be approached for the purpose of getting political but I did strongly question the policy of the Federal Govern contributions. ment's laying down any such precedent for the Government of Mr. President, those prohibitions, salutary provisions of the United States. the Hatch law, are now upon the statute books of this coun Mr. President, I presume we all know that there seems to be try. Not only that, but by the Hatch law, now on the statute some inherent tendency in the minds and hearts of human i books, any Federal employee is forbidden from taking any beings to abuse a power which may be possessed by them. , part in any election; not only a Federal election, but aState It is regrettable that a tendency of that character exists in election or a local election in any State. the human attitude; but our whole history and our whole I am not disposed to oppose even that provision of the experience teaches us that when a power admittedly exists existing Hatch law, because obviously the Federal Govern we have to be extremely cautious against its abuse by human ment has the unqualified power and the unqualified right to beings. limit the activities of its own employees, and, while it may I have before me a vivid illustration of what I say. The go to an extent which is not called for by circumstances, it United States Government, of course, has not only the power does not raise the same question which is raised by the .but the duty to enforce Federal law and to punish the vio amendment before the Senate. lation of Federal law. For that purpose it is perfectly per Mr. STEWART. Mr. President- missible, it is no doubt desirable, for the Federal Govern The PRESIDENT pro tempore. Does the Senator from ment to send a representative from the Department of Justice Florida yield to the Senator from Tennessee? to the various parts of the United States where investigation Mr. PEPPER. I yield. of violations of Federal law may be proper, and where prose Mr. STEWART. Did the Senator say that he construed cution for Federal offenses is the duty of the Department of the law to prohibit or prevent those affected by the act from Justice. Yet, Mr. President, a little while ago a representative taking part in local elections? of the Department of Justice, a Mr. Rogge, went from the Mr. PEPPER. I said that the original Hatch law, which is Department of Justice in Washington down into a sovereign now on the statute books, goes so far as to prohibit Federal State of the American Union, an honorable State of the employees from taking any part in any election, Federal or American Government, whose history and illustrious service local. to the country deserve that it have always the highest esteem Mr. STEWART. But with respect to the pending amend from the citizenry of this great Nation of ours. Mr. Rogge ment to section 12 of the Hatch Act, does the Senator con went down to the State of Louisiana, ostensibly for the pur strue that to mean that State, county, and municipal pose of enforcing Federal law and investigating violations employees cannot take part in local elections, or are they thereof. And did Mr. Rogge in his zeal confine himself to merely restricted from activities in the election of Senators, that activity? I have before me certain Louisiana news Representatives, and other national officials, so to speak? papers, one of date December 24, 1939, the Sunday Item Mr. PEPPER. The question of the able Senator from Ten Tribune, published in New Orleans, which carries at the top nessee brings me to the specific point in issue here. The of the newspaper in headlines 2 inches high the words: statute which is now proposed by the able Senator from New United States to probe election. Mexico goes immeasurably further than the Hatch law which The United States Government is to probe an election of is now upon the statute books of this country. It goes so local officials in Louisiana. At this time in American history, far as to contain this provision, against which I primarily at this period in world history, do we admit to the world that direct my remarks: democracy in America has so broken down that sovereign No such officer or employee-- States cannot conduct their own elections? Which means an officer or employee of any State or po Mr. President, I proclaim it as the privilege of a State in litical subdivision of a State- a democratic Government even to have bad government, if its No such offic~r or employee shall take any part in political people want it to be bad, and it is none of the Federal Govern management or in political campaigns. ment's business what kind of local officials are elected in Mr. President, that is the vice of the provisions. Louisiana, or in any other sovereign State. If Mr. Rogge is Mr. HATCH. Mr. President, will the Senator yield? so disatisfied with the democratic experiment in Louisiana Mr. PEPPER. I yield. that he thinks that the paternalism of the Federal Govern Mr. HATCH. The Senator realizes, of course, that he is ment alone can make democracy in Louisiana work in local not stating the full provision; they must be engaged in an matters, I am sorry that he occupies the political position he activity or function to which the Federal Government con does in the American Government. tributes funds. Mr. President, in the issue of January 4, 1940, of the New Mr. PEPPER. Of course; I thought that was generally Orleans States here is another big headline: understood. · The law provides that when any State officer or Warns vote thieves here. any State employee receives any part of his or her compensa Then a subheadline: tion from the Federal Government, or works for an agency in the State which receives any contribution from the Federal Vote thieves warned by Rogge on primary. Government, in that case no such State official or State In a what? In a United States election? The election of employee can participate in any political campaign, however a United States Senator was not involved in that election; local it may happen to be. nor was any Representative involved in that election. They Mr. MINTON. Mr. President, will the Senator yield? were electing a Governor. That is what it was all about; Mr. PEPPER. I yield. and so the Department of Justice sends this gallant knight, . Mr. MINTON. The bill now before the Senate goes further Mr. Rogge, down there to propitiate the demands of the than that. It provides that no official or employee of any United States Government that democracy operate according State shall take part in a State election if he is employed in to his idea in the sovereign State of Louisiana. LXXXVI--162 2558 :CONGRESSIONAL RECORD-SENATE MARCH 8 Mr. JOHNSON of Colorado. Mr. President, will the Sena In the February 22 issue of the New Orleans States appears tor yield? :the following headline: Mr. PEPPER. I yield. Rogge pushes all probes. Mr. JOHNSON of Colorado. I am curious to know how it · h appened that the provisions of the original Hatch bill, which Then in a subheadline: was passed last year, did not take care of Mr. Rogge's Roggs to push probe o~ graft, election; on way back here. activities. Then in the issue of February 14 of the New Orleans Item Mr. PEPPER. I will say to the able Senator from Colorado appears this big headline: that I think he has made a very pertinent inquiry. Rogge turns on heat. In another issue on January 13 of the Times-Picayune, published in New Orleans, I find the following headline: That refers to a ·Federal official at a time when a second primary to elect a Governor of Louisiana was 5 days away. "United States probe of ballot fraud to cover poll Tuesday," says Rogge. At least the attitude of Mr. Rogge must have been such as to give some justification for these newspaper headlines Here is a subheadline: that appear in these newspapers to which I referred: "New" Federal inquisitorial body will resume quiz Monday. Rogge turns on heat. Mr. MILLER. Mr. President, will the Senator yield? What kind of heat, Senators? To see to it that a particu Mr. PEPPER. I yield. - lar person was elected Governo:r in Louisiana. Is the United Mr. MILLER. The Senator referred to the election in States Government to tell the people of Louisiana who their Louisiana. Of course, generally speaking, the Senator is Governor is to be and ought to be? Is the United States right in referring to it as an election, but it was really Government to turn out Longism? Is that a proper sphere more in the nature of an argument among the Democrats and scope of Federal activity_? of Louisiana, was it not? In the issue of the Times-Picayune of February 20, the Mr. PEPPER. It was not even a national election. It headline is: was a party primary merely to name nominees, and was not, · United States to enforce honesty at polls, Rogge warns on eve of of course, a general election. election. Mr. MILLER. It was a primary election in Louisiana. That was on the day· of the election. The Times-Picayune Mr. PEPPER. Yes. is a morning newspaper. That was the headline the day the Mr. MILLER. I think the record should be kept clear on people of Louisiana were to ·vote and decide who their Gover..; that point because it also emphasizes the point the Senator is nor was to be. making. Mr. LUCAS. Mr. President, will the Senator yield for a Mr. PEPPER. I thank the able Senator from Arkansas question? for calling attention to the fact that it was a primary and Mr. PEPPER. I yield. not a general election. Mr. LUCAS. Does the newspaper to which the Senator has Mr. President, in the issue of January 15 of the New Orleans referred ·contain the exact .statement made by Mr. Rogge? States I find the following huge headline: Mr. PEPPER. The statement does not seem to be in quo Rogge warns vote crooks United States to act. tation marks, but there is something th~t might be regarded as a direct statement from him. On the· first page of the . United States to act on what? Vote frauds in a State Times-Picayune February 20 is the following: primary. Vote frauds in a State primary denounced by a ~f Rogge expressed the opinion of the Department of Justice -that United States Department of Justice representative cracking the Federal Government has jurisdiction over any case in which the whip over local authorities and perhaps .local wrong mails are used to defraud a man of public office and of the emolu doers, threatening them with Federal prosecution. ments and salary connected with it. The Government further be Mr. President, that is not all. Again in the February 20 lieves he said, that it has jurisdiction under the civil rights sec tions'of the Federal Criminal Code "to punish any action by persons issue of the New Orleans States I find the following headline: acting under color of official authority where that action involves United States warning reassures many. infringement of rights secured by the Constitution and laws of the United States." Obviously, therefore, the participation of Mr. Rogge in the Louisiana primary, while it has struck fear into the hearts of That is perhaps as direct a statement as any, Mr. President. ·many, has likewise reassured many, according to which side Mr. LUCAS. Those statements were made the day before they were on in the local election. the election? In addition to that, in the February 7 issue of the New Mr. PEPPER. This particular statement appeared in an Orleans States appears another big headline 2 inches high: early morning newspaper the day of the election. · I shall refer to only a few more newspapers. In the New United States pushes probes. Orleans States of February 22 is the headline: Further attesting the diligence of Mr. Rogge in the Louisi Rogge will crack down. ana election. All the newspapers to which I refer were published in 1940, In the New Orleans Times-Picayune of February 23 is this except the one first referred to, of date December 24, 1939. headline: · In the New Orleans States, published at New Orleans Feb Rogge returns here to continue probe of State scandals. Prosecu tor reveals plans for Nation-wide drive against_ "flow of graft" for ruary 14, 1940, appeared the following huge headline: public officials. Rogge back, pushes vote fraud probes. New jury to stay in; sift all election violations. In other words, Mr. Rogge is going to clean up politics in the United States. The Federal Government is going to take I may say that the second primary was to be February 20, over the apprehension and punishment of all those who upon 1940, and Senators can imagine the impression that must any pretext may be drawn into the Federal net. Because have been created in the local primary by having all these they have offended against the Federal Government? No. big headlines, and the gallant rush of this modern political Because, substantially, they have offended against the local knight, Mr. Rogge, back to New Orleans for the purpose of safeguarding his conception of proper democratic govern law, and Mr. Rogge does not think they should have done it. That is exactly what Hon. J. Edgar Hoover was doing down ment. in my State. He said there was gambling and prostitution Then in the issue of February 15 of the New Orleans Item in Miami. I do not think any decent citizen· approves of is another headline: either gambling or prostitution in any city in America. I United States indicts in primary. do not believe there is any Senator who would not lend any Then again the New Orleans Times-Picayune of February ·honorable effort toward the destruction, in a legitimate way, 15 has substantially the same headline and statement. of those or any other law violations; but I do no.;: believe there 1940 CONGRESSIONAL RECORD-SENATE 2559 is a Senator who, in his zeal to police local law violations Mr. PEPPER. I thank the able Senator from Illinois for in any city in America, would turn the whole force of the his contribution. United States Government into an agency for local police Mr. HATCH. Mr. President, will the Senator yield? purposes. Mr. PEPPER. I yield. . If there are real Federal offenses, then Mr. Hoover and Mr. HATCH. Will the Senator from Illinois give the cita Mr. Rogge have proper jurtsdiction. They have not only the tion of the opinion from which he was reading? right to act but the duty to act. But if they u.se some tech Mr. LUCAS. It is the case of Ex parte Curtis (106 U. S. nical subterfuge as an excuse for entering into a local situa 371). tion, they exceed their just authority. Mr. HATCH. I believe the Senator stated that he read For example, in my State, at a time when the sheriffs of from the dissenting opinion in that case? several counties were preparing to run for election again in Mr. LUCAS. That is correct. a primary in May, Mr. Hoover came out with a front-page Mr. HATCH. Will the Senator also state that the majority story-to which, of course, newspapers gave the greatest cir opinion in that case has not yet been overruled? culation-about official corruption, without naming the ones Mr. LUCAS. That is correct. who are officially corrupt but smearing every honest offic1al Mr. HATCH. Mr. President, if the Senator will further in that section, without an indictment being returned against yield, I ask that the majority opinion be printed in the any of them, or a judicial inquiry to separate the sheep from RECORD at this point. the goats. The PRESIDENT pro tempore. Is there objection? Of course, there are corrupt officials in my State. I pre Mr. LUCAS. Mr. President, I join in the request of the sume there are corrupt officials in every State. But I deny Senator. any man's right to say that even an appreciable number of Mr. HATCH. I also ask that the dissenting opinion be corrupt officials affords an excuse to smear all of them from included. the lofty eminence of the Federal Bureau of Investigation. Mr. LUCAS. I thank the Senator. The PRESIDENT pro tempore. Is there objection? I honor that great man from the State of Nebraska who There being no objection, the opinions were ordered to be sits in the Senate. Of course, I refer to the Senator from printed in the RECORD, as follows: Nebraska [Mr. NORRIS]. He made inquiry of the Attorney General as to the details of what happened in Detroit when EX PARTE CURTIS The sixth section of the act of Aug. 15, 1876, c. 287, prohibiting, offenders were chained together like galley slaves in some under penalties therein mentioned, certain officers of the United ancient galley and brought into a court or into the presence States from requesting, giving to, or receiving from, any other of an official for fixing their bond. After all, Mr. President, officer money or property or other thing of value for political we do not want to become so zealous even in trying to do good purposes, is not unconstitutional that we will smash every tradition which inheres in political PETITION for a writ of habeas corpus. The sixth section of the act of Aug. 15, 1876, c. 287, entitled "An sovereignty in America. Act making appropriations for the legislative, executive, and judicial i mention these facts because I do not want to see distrust expenses of the government," provides "that all executive officers or of departmental activities, and particularly the activities of employes of the United States not appointed by the President, with the advice and consent of the Senate, are prohibited from request the Federal Bureau of Investigation. I do not want anybody ing, giving to, or receiving from, any other officer or employe of the to be able to say with justice that the Federal Government government, any money or property or other thing of value for is trying to influence an election in Louisiana, in Florida, or political purposes; and any such officer or employe who shall offend against the provisions of this section, shall be at once discharged in any other State in America, because to do so would re from the service of the United States; and he shall also be deemed pudiate the fundamental concept of democracy of which we guilty of a misdemeanor, and on conviction thereof shall be fined are the great beacon light for the nations of the world. in a sum not exceeding five hundred dollars." Curtis, the petitioner, an employe of the United States, was in Mr. LUCAS. Mr. President, will the Senator yield? dicted in the Circuit Court for the Southern District of New York, Mr. PEPPER. I yield to the Senator from Illinois. and convicted under this act for receiving money for political pur Mr. LUCAS. On that point I wish to read to the Senator poses from other employes of the government. Upon his conviction he was sentenced to pay a fine, and stand committed until payment and to the Senate a brief excerpt from an opinion which was was made. Under this sentence he was taken into custody by the rendered by Mr. Justice Bradley in the case of ex parte Curtis, marshal, and on his application a writ of habeas corpus was issued back in 1882, dealing with a legal question involving the tak by one of the justices of this court in vacation, returnable here at ing of money from one employee of the Government by an the present term, to inquire into the validity of his d-etention. The important question presented on the return to the writ so issued is other. The Congress of the United States enacted a law whether the act under which the conviction was had is constitu making such conduct a penal offense. The case was tried tional. and went tD the Supreme Court. That law is the law today; The case was argued by Mr. Edwin B. Smith in favor of the peti tion, and by The Solicitor-General in opposition thereto. but there is a dissenting opinion by Mr. Justice Bradley upon MR. CHIEF JusTICE WArrE, after stating the case, delivered the the question which the Senator from Florida is now dis opinion of the court. cussing, and I wish to read a short excerpt from it. Mr. The act is not one to prohibit all contributions of money or property by the designated officers and emp::.oyes of the United Justice Bradley said, among other things: States for political purposes. Neither does it prohibit them alto We are not unfrequently in danger of becoming purists, instead gether from receiving or soliciting money or property for such pur of wise reformers, in particular directions, and hastily pass incon poses. It simply forbids their receiving from or giving to each siderate laws which overreach the mark they are aimed at, or other. Beyond this no restrictions are placed on any of their conflict With rights and privileges that a sober mind would regard political privileges. as indisputable. It seems to me that the present law, taken in That the government of the United States is one of delegated all its breadth, .is one of this kind. powers only, and that its authority is defined and limited by the Constitution, are no longer open questions; but express authority I submit to the Senate that the extension of the Hatch Act is given Congress by the Constitution to make all laws necessary into the States is a similar type of law to that which this and proper to carry into effect the powers that are ·delegated. Art. 1, great jurist was discussing. I read further from the dissent sect. 8. Within the legitimate scope of this grant Congress is per mitted to determine for itself what is necessary and what is proper. ing opinion of Mr. Justice Bradley: The act now in question is one regulating in some particulars It is urged that the law in question is intended, so far as it goes, the conduct of certain officers and employes of the United St ates. to effect this very thing. Probably it is. But the end does not It rests on the same principle as that originally passed in 1789 at always sanctify the means. What I contend is, that in adopting the first session of the first Congress, which makes it unlawful this particular mode of restraining an acknowledged evil, Congress for certain officers of the Treasury Department to engage in the has overstepped its legitimate powers, and interfered with the sub business of trade or commerce, or to own a sea vessel, or to pur stantial rights of the citizen. It is not lawful to do evil that good chase public lands or other public property, or to be concerned in may come. There are plenty of ways in which wrong may be sup the purchase or disposal of the public securities of a State, or of pressed without resorting to wrongful measures to do it. No doubt the United States (Rev. Stat., sect. 243); and that passed in 1791, it would often greatly tend to prevent the spread of a contagious which makes it an offence for a clerk in the same department to and deadly epidemic, if those first taken should be immediately carry on trade or business in the funds or debts of the States or sacrificed to the public good. But such a mode of preventing the of the United States, or in any kind of public property (id., sect. evil would hardly be regarded as legitimate in a Christian country. 244); and that passed in 1812, which make& it unlawful for a judge 2560 -.CONGRESSIONAL RECORD-SENATE MARCH 8 appointed under the authority of the United States to exercise considerable extent ·on party success, those in office will naturallY the profession of counsel or attorney, or to be engaged in the prac be desirous of keeping the party to which they belong in power. tice of the law (id., sec. 713); and that passed in 1853 which pro The statute we are now considering does not interfere with- this. hibits every officer of the United States or person holding any place The apparent end of Congress will be accomplished if it prevents of trust or profit, or discharging any official function under or in those in power from requiring help for such purposes as a condition connection ·with any executive department of the government of to continued employment. the United States, or under the Senate or House of Representatives, We deem it unnecessary to pursue the subject further. In our from acting as an agent or attorney for the prosecution of any opinion the statute under which the petitioner was c~nvicted 'is claim against the United States (id., sect. 5498); and that passed constitutional. The other objections which have been urged to the in 1863, prohibiting members of Congress from practising in the detention cannot be considered in this form of proceeding. Our Court of Claims (id., sect. 1058); and that passed in 1867, punish inquiries in this class of cases are limited to such objections as ing, by dismissal from service, an officer or employe of the govern relate to the authority ·of the court to render the judgment by ment who requires or requests any workingman in a navy-yard which the prisoner is held. We have no general power to review to contribute or pay any money for political purposes (id., sect. the judgments of the inferior courts of the United States in criminal 1546); and that passed in 1868, prohibiting members of Congress cases, by the use of the writ of habeas corpus or otherwise. Our from being interested in contracts with the United States (id., jurisdiction is limited to the single question of the power of the sect. 3739); and another, passed in 1870, which provides that no court to commit the prisoner for the act of which he has been officer, clerk, or employe in the government of the United States convicted. (Ex parte Lange, 18 Wall. 163; Ex parte Rowland, 104 shall solicit contributions from other officers, clerks, or employes u. s. 604.) for a gift to those in a superior official position, and that no offi The commitment in this case was lawful, and the petitioner is, cials or clerical superiors shall receive any gift or present as a consequently, contribution to them from persons in government employ getting Remanded to the custody of the marshal for the Southern District a less salary than themselves, and that no officer or clerk shall make of New York. a donation as a gift or present to any official superior (id., sect. MR. JUSTICE BRADLEY dissenting. 1784:). Many others of a kindred character might be referred to, I cannot concur in the opinion of the court in this case. The but these are .enough to show what has been the practice in the law under which the petitioner is imprisoned makes it a penal Legislative Department of the government from its organization, offence for any executive officer or employe of the· United States, and, so far as we know, this is the first time the constitutionality not appointed by advice of the Senate (an unimportant distinc of such legislation has ever been presented for· judicial determina tion, so far as the power to make the law is concerned], to request, tion. give to, or receive from any other officer or employe of the govern The evident purpose of Congress in all this class of enactm,ents ment any money, or property, or other thing of value, for political has been to promote efficiency and integrity in the dischar~e of purposes; thus, in effect, making it a condition of accepting any official duties, and to mai11tain prop~r discipline ln the _public serv employment under the government that a_ ma~ shall ·not, even ice. Clearly such a purpose is within the just scope of legislative voluntarily and of -h-is ow-n free will, ·contribute in any way through power, and it is not easy to see why the act_now under considerati<;m or by the hands of any other employe of the government to the does not come fairly within the legitimate means to such an end. political cause which he desires to aid and promote. I do not It is true, as is claimed by the counsel for the petitioner, political believe ·_ that Congress has any right to impose. such a condition assessments upon officeholders are not prohibited. The managers of upon any citizen of the United States. The offices of the govern political campaigns, not in the employ of the United States, are _just ment do not belong to the legislative department to dispose oi on as free now to call on those in -office for money to be used for politi any conditions it may choose to impose. The legislature creates cal purposes as ever they were, and those in office can contribute as most of the offices, it is true, and provides compensation for the liberally as they please, provided their payments are not made to any' discharge of their duties: but that is its duty to d9, in order to - of the prohibited officers·or·employes . .What we are now considering' establish a complete organization of the functions of government. is not whether Congress bas gone as-far as it may, but whether that When establiShed, the offices are, ·or ought ·to l:Je; open to all. - They which has been done is within the constitutional limits upon its belong to the United States, and not -to Congress; and every citizen legislative discretion. having the proper qualifications has the right to accept office, A feeling of independence under the law conduces to faithful and to be a candidate therefor. This is a fundamental right of public service, and nothing ·tends. more to take away this feeling which the legislature cannot deprive the citizen, nor clog its exer than a dread of dismissal. If contributions from those in public cise with conditions that are repugnant to his other fundamental employment may be solicited by others in official authority, it is rights. . Sucn a condition I regard that imposed by the law in easy to see that what begins as a request may end as a demand, and question to be. It prevents the citizen from cooperating with that a failure to meet the demand may be --treated by those having other citizens of his own choice 1n- the promotion of his po the power of removal as a breach of some supposed duty, growing out1 liti<;:al views. To take an interest in public affairs, and to further of the political relations of the parties. Contributions secured under and promote those principles which are believed to be vital or such circumstances will quite as likely be made to avoid the cons~ important to the general welfare, is eyery ci.tizen's duty. It is a quences of-the personal displeasure of a superior, as to promote the just complaint that so many. good men abstain from taking such political views of the. contributor,-to avoid a discharge from service, an interest. Amongst the necessary and proper means for promot not to exercise a political privilege. The law contemplates no ing political views, or any other views, are association and contribu restrictions upoi)..either giving or receiving, except so far as may be tion of money for that purpose, both to aid discusston and to necessary to protect, in some degree, those in the public service disseminate information and sound doctrine. To deny to a man against exactions through fear of personal loss. This purpose of the the privilege of associating and ·making joint contributions with restriction, and the principle on which it rests,· are most distinctly such other citizens as he may choose, is an unjust restraint of his manifested in sect. 1546, supra, the reenactment in the Revised right to propagate and promote his views on public affairs. The Statutes of sect. 3 of the act of June 30, 1868, c. 172, which sub freedom of speech and of the press, and that of assembling to~ jected an officer or employe of the government to dismissal if he gether to consult upon and discuss matters of public interest, and required or requested a workingman in a navy-yard to contribute or to join in petitioning for a redress of grievances, are expressly pay any money for political purposes, and prohibited the removal or secured by the Constitution.- The spirit of this clause covers and discharge of a workingman for his political opinions; and in sect. embraces the right of ·every citizen to engage in such discussions, 1784, the reenactment of the act of Feb. 1, 1870, c. 63, "to protect and to promote the views of himself and his associates freely, officials in public employ," by providing for the summary discharge without being trammelled by inconvenient restrictions. Such re of those who make or _solicit contributions for presents to superior strictions, in my judgment, are imposed by the law in question. officers. No one can for a moment doubt that in both these statutes Every person accepting an,y, the most insignificant, employment the object was to protect the classes of officials and employes· pro under the government must withdraw himself from all societies vided for from being compelled to make contributions for such pur and associations having for object the promotion of political infor poses through fear of dismissal if they refused. It is true that mation or opinions. For if one officer may continue his connec dismissal from service is the only penalty imposed, but this penalty tion, others may do the same, and thus it can hardly fail to happen is given for doing what is made' a wrO'ngful act. If it is constitu that some of them will give and some receive funds mutually tional to prohibit the act, the kind or degree of punishment to be contributed for the purposes of the association. Congress might inflicted for disregarding the prohibition is clearly within the discre just as well, so far as the power is concerned, impose, as a condi tion of Congress, provided it be not cruel or unusual. tion of taking any employment under the government, entire If there were no other reasons for legislation of this character silence on political subjects and a prohibition of all conversation than such as relate to the protection of those in the public service thereon between government employes. Na,y, it might as well against unjust exactions, its constitutionality would, in our opinion, prohibit the discussion of religious questions, or the mutual con be clear; but there are others, to our minds, equally good. If per tributions of funds for missionary or other religious purposes. In sons in public employ may be called on by those in authority to former times, when the slavery question was agitated, this would contribute from their personal income to the expenses of political have been a very convenient law to repress all discussion of the campaigns, and a refusal may lead to putting good men out of the subject on either side of Mason and Dixon's line. At the present service, liberal payments may be made the ground for keeping poor time any efficient connection with an association· in favor of a ones in. So, too, if a part of the compensation received for public prohibitory liquor law, or of a protective tariff, or of greenback services must be contributed for political purposes, it is easy to see currency, or even for the repression of political assessments, would that an increase of compensation may be required to provide the render any government official obnoxious to the penalties of the means to make the contribution, and that in this way the govern law under consideration. For all these questions have become ment itself may be made to furnish indirectly the money to defray political in their character, and an,y contributions in aid of the the expenses of keeping the politic·al _party in power that happens cause would be contributions for political purposes. The whole to have for the time being the control of the public pat!'onage. thing seems to me absurd. Neither men's mouths nor their Political parties must almost necessarily exist under a republican purses can _be constitutionally tied up in that_ way. The truth form of government; and when public employment depends to any is, that public opinion is oftentimes like a pendulum, swinging 1940 CONGRESSIONAL RECORD-SENATE 2561 backward and forward to extreme lengths. We are not unfre upon another tragic era when my Government and your quently in danger of becoming purists, instead of wise reformers, in particular directions; and hastily pass inconsiderate laws which Government shall lend itself to the breaking down of demo overreach the mark they are aimed· at, or conflict with rights a~d cratic government to which we subscribe in all its goodness privileges that a sober mind would regard as indisputable. rt and in all its badness with every fiber of our moral being. seems to . me that the present law, taken in all its breadth, is one It is only natural, of course, that Mr. Rogge should · turn of this kind. The legislature may, undoubtedly, pass laws excluding from to another domain. I have here the Atlantic City Press of particular offices those who are engaged in pursuits incompatible the issue of March 7, 1940, which says in the headline: with the faithful discharge of the duties of such offices. That is United States prober to renew work here. quite another thing. The legislature may make laws ever so stringent to prevent the Then in the article it is disclosed that--- corrupt use of money in elections, or in political matters generally, or to prevent what are called political assessments on government Mr. Rogge is said to be reluctant to inject the Federal Government employes, or any other exercise of undue influence over them by into State situations, except where local authorities are unable or government officials or others. That would be all right. That are unwilling to act. would clearly be within the province of legislation. It is urged that the law in question is intended, so far as it And he probably intimates that just before they have a city goes, to effect this . very thing. Probably it is. But the end does commissioners' election in Atlantic City he is going to clean not always sanctify the means. What I contend is, that in adopt up New Jersey also as a part of the crusade of the Federal ing this particular mode of restraining an acknowledged evil, Congress has overstepped its legitimate powers, and interfered with Government to have the kind of government it thinks is good the substantial rights of the citizen. It is not lawful to do evil democratic government in America. that good may come. There are plenty of ways in which wrong Mr. president, I oppos.ed the Federal antilynching bill. I may be suppressed without resorting to wrongful measures to do it. No doubt it would often greatly ten!f to prevent the spread of a suppose it may be considered by some that I was motivated contagious and deadly epidemic, if those first taken should be only by the fact that I happen to come from a Southern State immediately sacrificed to the public good. But such a mode of and have a southern ancestry; but I should like my colleagues preventing the evil would hardly be regarded as legitimate in a to believe that I think, at least, that I was motivated by a Christian country. I have no wish to discuss the s-qbject at length, but simply to philosophic principle in that position, the same principle that express the general grounds on which I think the legislation in moved the able and late lamented Senator from Idaho, the question is ultra vires. Though as much opposed as any one to one and only William E. Borah. He was not from the South the evil sought to be remedied, I do not think the mode adopted is a legitimate or constitutional one, because it interferes too much by residence and tradition, as I am, and great constitutional with the :freedom of the citizen in the ptlrsuit of lawful and proper exponent as he was, great lover of democratic principles that ends. If similar laws have been passed before, that does not make he was, he opposed that proposed legislation not because he it right. The question is, whether the present law, with its sweep was in favor of lynching, for nobody would think that William ing provisions, is within the just powers of Congress. As I do not think it is, I dissent from the opinion of the majority of the court. E. Borah could look with other than contempt and disgust upon the sad spectacle, the horrible spectacle of a lynching, Mr. LUCAS. Mr. President, inasmuch as the ·senator from but he thought there was a governmental principle involved. New Mexico has seen fit to refer to the majority opinion, at He believed that even the saving of the lives of the three men this time I should like to read an excerpt from the majority who were lynched last year in the South, one of them a white opmwn. The opinion was written by Mr. Chief Justice Waite. man and one of them shot down, not lynched, by the irate He said, among other things: brother of a child who was run down by an automobile and Political parties must almost necessarily exist under a republican killed by a colored driver, and the other, under circumstances form of government; and when public employment depends to any considerable extent on party success, those in office will naturally with which I am not familiar, would have been a very dear be desirous of keeping the party to which they belong in power. price to pay for breaking down dual sovereignty as a principle of American government. That is what the Chief Justice, who wrote the majoi'ity Of course, everybody knows that the Federal Government, opinion, had to say in connection with the question. with unlimited money, with unlimited personnel, with un Mr. PEPPER. Mr. President, I am very much indebted to questioned power, can do a better job of policing this country the able Senator from Illinois. than can the local people, who have limited means and limited In view of the headlines from which I have heretofore personnel; but does that mean that we are in favor, Senators, read about the activities of Mr. Rogge in Louisiana, it is, of of having the Federal Government police every offense that is course, no subject of surprise to us to pick up another committed in America? My gracious, there is one murder com Louisiana newspaper and find the following headline: mitted every 40 minutes in this country, but are we in favor Local boom to put Rogge in Presidency is growing. of murder because we do not make the Federal Government Nor is it any surprise that the issue from which I have the prosecutor of everyone who commits a homicide in just read was the Alexandria Daily Town Talk, published on A.merica? No. We think there is a principle involved, and, Wednesday, February 28, 1940; and, of course, it is not at all therefore, we say we do not condone murder; we think that surprising that we should read in the same newspaper, the in the just balance of State and Federal power it is better even Alexandria Daily Town Talk of February 21, the headline: to have murder prosecuted by the States, as it is, than to turn Rogge for President. It could happen here. loose the Federal Government with unrestrained power even to prosecute that offense. Then I find on February 27 the following headline which So, Mr. President, I said yesterday that I opposed the pend purports to quote Mr. Rogge, I will say to the Senator from ing measure because it improperly transgresses upon the Illinois, in the following language, which is on the front page political liberty of men and women in America without justi of the newspaper: fication. It tells the man who is employed by the State road "United States helped to give State back to people," Rogge. department of my State, for example, "You cannot walk up Sam Jones and Uncle Sam won the election in Louisiana. to the courthouse in your own county and rise there and say, That is a permissible inference that a fair-minded man might 'My friends and fellow citizens, I am going to make a speech draw, and Mr. Rogge is proud of his achievement. for A. B., who is a candidate for Governor, and who, I believe, Mr. President, I live in a section which at one tragic period would make the best Governor the people of this State, in of our history was also the victim of excessive zeal on the the exercise of their sovereign power, could elect.' " Why? part of the Federal Government. Soldiers stood at the ballot Because the Federal Government makes a little contribution, boxes and said who could vote and who could not vote. They or a sizable contribution, to the State highway department thought they were doing a righteous thing; they thought the of my state. Federal power was properly being employed; they honestly I said that I opposed this amendment because everybody thought it was in the public interest that they do it; yet all knows, I think, that I am a New Dealer; everybody knows, I history has both condemned and deplored that tragic excess think, that I have voted repeatedly for the extension of the of zeal on the part of some men dominant in Federal policy Federal power, and that I have sought more opportunities and power. I hope, Mr. President, that we are not entering than I have had to vote for further extension of the Federal 2562 CONGRESSIONAL RECORD-SENATE MARCH 8 power. Why? :F.ecause I know that there is a natural in a case; but that is not the same as this situation. I could equality in the distribution of children in America and the give many other illustrations; but when we get into the realm distribution of wealth in America. I know that the South, of transgressing upon the proper and just immunities of the which I love, is spending a larger percentage of its income civic rights, the sort of thing that is protected in the Bill of upon publi;c education than are, for example, the other States Rights, that is an entirely different situation. of the wuntry, and particularly the Northeast. Yet in spite I like to think that I am following the same line of demar of the fact that we spend a larger percentage of our per cation that has been written into the jurisprudence of this capita income in an effort to educate our children, in my country by such eminent jurists as Mr. Justice Holmes, Mr. State, in many cases, they do not have a 9-month school Justice Brandeis, Mr. Justice Frankfurter, Mr. Justice Black, term in the public schools; they do not have the money to and other members of our Federal Supreme Court. Watch provide such a term. I have come to the Congress--! made it them. You will find Black, for example, voting for extension an issue in every campaign I have had-to try to obtain of the Federal power in the economic realm; but let a white Federal aid to supply our deficiency, to equalize our in law-enforcement officer even in a Southern State, whence he equality in ability to educate our children. Am I subject to comes, question and go excessively against the proper civic accusation when I take that attitude that I am trying to immunities of the humblest black citizen, and you will find make the Federal Government engulf every State authority him a champion of the liberty of the oppressed one. there is? Can it justly be said that I am willing to turn over That is not a proper case, and it is not a proper case for the the regulation of the activity of every little school teacher in a Federal power to take over the policing of crime that is of rural district to the action of the Congress of the United local significance in this country; and it is not a proper power States? Of course not. for the Government of the United States to exercise to say In the Committee on Education and Labor, when we have what an employee of a State does in that State with respect been considering the Harrison-Fletcher-Thomas bill, we have to local political matters, just because the Federal Govern been faced with the charge that we were about to turn the ment may happen to contribute to the State agency which regulation of the school system of America over to the Federal hires that individual. Government. A few of us have been fighting against that Mr. President, I believe in the democratic sentiment of this a.ccusation and have been saying, "No; we do not intend that; country. I have faith in what Abraham Lincoln said-that we are not going to tell the local authorities what to teach the people, while not always the wisest, are in the long run in the schools; we are not going to tell them whom to hire; the safest depository of power. I defend even the right of we are not going to tell them how many hours the teachers the people to make a mistake in the election of their Gover shall work or what pay they shall receive or what they may nors, just as Voltaire said that, while he disagreed with every do as citizens. All we are trying to do, our frightened fellow thing his opponent said, he would defend with his life his citizens, is to equalize the natural inequalities of the different right to say it. I believe in the wisdom and the inevitable States of the Nation to give their children a common stand necessity of the preservation of the dual system of govern ard of education." Yet, if the pending bill passes, if this ment in this country, the State system and the Federal sys precedent is buttressed, of course, they will be able to say to tem. By inclusion and exclusion, by experience, by trial and the proponents of that legislation, "You see; what did I tell error, we shall from time to time redraw the line which prop you? If you ever start the program of having the Federal erly circumscribes the activities of each; but, Mr. President, Government help the States educate their children, it will I hope we shall never destroy that line. I hope it shall never mean that we shall have done away with the privilege of be obliterated, because if it is obliterated we shall have given local government in public education, and a minister of propa to the nations which we beg to follow our example the most gand~. no doubt, from the Department of the Interior or some vivid illustration of the fact that we have found democratic other Federal agency will be telling the school teachers of government a failure here in our own country; and the tra America what they may teach; they will be telling the school dition of liberty which our forefathers have handed down boards whom they shall hire; and they will be telling the will have been destroyed by the agencies that they created teacher what he can say in local affairs." It raises a very to buttress that liberty, instead of to defile it from the cita different question as to whether or not I favor that kind of a del of the National Capital. bill or whether the price might not be too high, and we would Mr. HATCH. Mr. President, I shall take but a moment have to pay for it; but I said, because I was a New Dealer, today. Some things the Senator from Florida has been whatever interest that might be to anybody, I felt called saying prompt me to say just a word or two. upon to make an explanation of why I oppose the pending From his argument it would seem that the bill passed at measure and yet why I generally favor the extension of the last session of Congress and the- pending measure had Federal power. something to do with policing the several States of the Union, I have tried to make a line of demarcation. It is sometimes and that if the pending bill becomes law the Federal officials a shadowy line, no doubt, but to me it is a real line. That may go into the States and, in some vague and mysterious line of demarcation is, on the one hand, between the ex ten manner, bring about another tragic era, as he said, and de sian of the Federal power for the purpose of economic aid to stroy the fundamental rights of citizens of those States. the people of our country, supplying factors that local people Mr. President, instead of being susceptible of any such in may not supply, the harmonious adjustment of economic mal terpretation as that these measures are exactly the opposite. adjustment and force in this country, and, on the other hand, The tragic era to which the Senator referred was brought the extension of the Federal power when it transgresses upon about by the encroachment upon several States and the citi civic immunities and civic rights which the people in America zens of those States of the excessive use of power by Federal inherently have from the divinity itself, as we say. officials, and the overrunning of elections and the controlling So, Mr. President, I favor a bill to regulate the production of elections in the States and the sovereign rights of the peo cf cotton and the production of wheat and the production ple of the States by carpetbaggers imported under the guise of rice and the production of tobacco and the like because of Federal officials. This proposed law would tie the hands of only the Federal Government can properly and adequately Federal officials and Federal employees and all to whom we legislate upon that subject. At a public meeting in my State, pay sums of money, to prevent them from going into the Sen for example, a great group of tobacco growers appeared and ator's State or any other State and encroaching upon the told their Representatives and their two Senators that they liberties of the citizens of those States; and that is one of wanted us to come to Washington and see to it that there was the purposes of the bill. It will protect the Senator and his Federal legislation which would be effective to protect them citizens against undue and unlawful and corrupt influences in the production of their tobacco crop. They said, "If we of officers. reduce our acreage, Georgia or South Carolina or North Caro Mr. PEPPER. Mr. President, will the Senator yield? lina or Virginia will merely increase theirs to the amount of Mr. HATCH. No; I shall not yield just now, because the our reduction, and no good will come of our sacrifice." Only Senator has mentioned other men. He mentioned Abraham the Federal Government, therefore, can properly act in such Lincoln; ancl when he says that all this talk about office- 1940 CONGRESSIONAL RECORD-SENATE 2563 holders and so forth does not amount to anything, let us see Mr. HATCH. No, it is not, and I am not stating it as an what Abraham Lincoln said on that subject. ·answer. I am merely calling the attention of the Senator Shortly before his assassination, after the Civil War, Abra to the condition; and I still favor that amendment, and do ham Lincoln said, pointing to a group of job hunters outside not think the law is being abused in any way whatever. the White House: Action is also being taken in the various departments without We conquered the Rebellion, but that is a much greater danger. any congressional authority. For instance, with reference to the A. A. A., the morning newspapers state that the Secretary The Senator wants to follow the philosophy of Justice of Agriculture has already put such rules into effect as to local Holmes. He believes in the philosophy and the liberalism committeemen, who were not regulated by the other act. of Justice Holmes. Yet he stands on the floor of the Senate Mr. President, that still does not answer the question of and says that because a governmental agency throws some the Senator. I am merely showing him that this is probably restrictions around its employees, it takes away from those the mildest provision that has been proposed, and I have been employees an inherent and fundamental right. That was somewhat amazed at some of the agitation and the fears ex not the philosophy of Justice Holmes. We do not have to pressed, when other things have been included in ou: laws guess at what he said. without any comments about State rights. But I still am Mr. SCHWELLENBACH. Mr. President, will the Senator not answering the Senator, I know. I am merely explaining yield? the general situation. Mr. HATCH. I yield. The Senator is familiar with the amendment offered by the Mr. SCHWELLENBACH. I should like to ask the Senator, Senator from Wyoming [Mr. 0'1\~oNEY] yesterday. The if I may, a rather long question. I think the Senator knows, purpose of that amendment is to soften the provision, which because I have consistently supported his legislation, that I we worked out in the committee, which, as it came from the hope he is going to be able to answer the question to my committee, imposed really a very severe penalty against a satisfaction. State and all the people of a State itself, but under the amend Mr. HATCH. I hope I can. I know the Senator has sup ment as the Senator offered it yesterday it centers on the ported the legislation. individual who participates in political activity. The State Mr. SCHWELLENBACH. I am very much worried about may retain the individual in its employ if it desires. There this amendment to the other act, for this reason: The Sen is not a thing in the world to prevent a State keeping all the ator has just referred to interference with the right of the employees it desires to keep, and letting them engage in all individual in a State, placing a restriction upon the right of the political activities they desire, if the State wants to do so. the individual, and has expressed the opinion that that was The only condition is that there shall be withheld double the not a danger. What worries me about this amendment is amount of salary the individual would receive from funds that, as I see the amendment, it is a restriction upon the the Government is contributing. It is a most mild and right of the State itself to govern itself. innocuous provision, and was intended to correct the very I never was able to accept the opinion of the Supreme thing the Senator has mentioned. That was the purpose of Court in the A. A. A. case, in which they talked about coer the amendment, and it has been adopted. cion, because it seemed to me that if that was coerci~n. then Mr. President, I am very sorry the Senator from Florida had any business transaction in which an offer and acceptance to leave the Chamber. I must say that" he came to me and were made would constitute coercion. However, in that in stated that he was compelled to leave iri order to take a train. stance the Federal Government was dealing with the indi I wanted to read what Justice Holmes stated on this general vidual farmers and was saying to them, "You may take this subject as to the right of the government of a State or a or leave it." Certainly the Federal Government has a right municipality to lay down prohibitions against political activi to say to ~ndividuals throughout the country, "If you want ties of employees. to have assistance, you may take it or leave it," and that is not coercion; but in this instance we say to a State, "You Many persons seem to think that when the Government, may take this assistance or leave it, but if you take it we not or a State or a municipality, prohibits political activity on merely are going to lay down the rules under which you shall the part of employees, it has in some manner deprived such take it, but we are going to police the project after you take an emp!oyee of a constitutional right. Mr. Justice Holmes it." I can see a very definite distinction between policing the spoke on that exact subject in a case arising when he was a individual within a State and policing the State government member of the supreme judicial court of the State of Massa itself. chusetts. The question arose in the case of a policeman Many years ago our Supreme Court said that we had not a employed in a city who had engaged in political activity right to tax the incomes of persons in the States or to tax contrary to the rules of the city prohibiting political activity the States themselves, because the power to tax is the power on the part of such an official. The policeman · defended to destroy. I am not quite sure just what the present attitude against his removal upon the ground that it deprived him of the Supreme Court is upon that subject. There has been of his constitutional right of free speech, and this is what a modification of that doctrine by Mr. Justice Frankfurter. Justice Holmes said on the subject: But is not that an analogy? If the power to tax is the power There is nothing in the Constitution or the statute to prevent the city from attaching obedience to this rule as a condition to the to destroy, and through the years the Federal Government office of policeman and making it part of the good conduct required. has never been permitted to tax the incomes of those em The petitioner may have a constitutional right to talk politics, but ployed by the States, is not the power to give or refrain from he has no constitutional right to be a policeman. giving equally the power to destroy? In other words, Mr. Justice Holmes stated that if such an What is worrying me is that here is a provision which is employee wanted to exercise all his rights, as other citizens directed, not against individuals within a State, but against did, he could do so, but he did not have a constitutional right the government of the State itself, the Federal Government to be a policeman and retain those rights. He continued: going in and saying, "We have a right to lay down rules and There are few employments for hire in which the servant does not regulations, and to police afterward the action of the State agree to suspend his constitutional rights of free speech, as well as in the performance of the governmental functions by the of idleness, by the implied terms of his contract. The servant can State itself." As I have said, I hope the Senator will be able not complain, as he takes the employment on the terms which are to answer me satisfactorily. offered him. Mr. HATCH. Mr. President, I do not want to beg the That was the philosophy of Mr. Justice Holmes. I am question, and I fully appreciate the sincerity of the Senator; very sorry the Senator from Florida had to leave. I wanted but first I wish to call his attention to the fact that we have him to hear that. already done this very thing on a .much more elaborate scale The PRESIDING OFFICER (Mr. SCHWELLENBACH in the than is being proposed. For instance, we did it with respect chair). The question is on agreeing to the committee to the amendment of the Social Security Act. amendment, as amended. Mr. SCHWELLENBACH. So far as I am concerned that is Mr. JOHNSON of Colorado obtained the floor. not an answer. Mr. MINTON. I suggest the absence of a quorum. 2564 CONGRESSIONAL RECORD-SENATE MARCH 8 Mr. JOHNSON of Colorado. I desire to offer an amend Mr. MALONEY. Mr. President, the amendment I offered ment to section 3 of the bill which amends section 12 of the yesterday, if adopted, would automatically reinstate the lan Hatch Act. I ·send the amendment to the desk and ask to guage stricken out by the committee, and I desire to avoid have it stated. that situation. Therefore I should like to have unanimous The PRESIDING OFFICER. Does the Senator from Colo consent, if I may, to modify my amendment so in its final rado yield to the Senator from Indiana to suggest the absence form it will provide for striking out all the language begin of a quorum? . ning with line 15, page 4, down to and including line 9 on Mr. JOHNSON of Colorado. I do not think it is necessary page 7. That does leave a bit of language in the committee to call a quorum. amendment, unimportant by itself. However, I am compelled Mr. MINTON. I think Senators should be present if we to do that in order to accomplish the purpose I desire. are to consider any amendments or to take any action. Mr. President, I ask unanimous consent to modify my Mr. JOHNSON of Colorado. I have no objection. This is amendment in the manner I have indicated. a minor amendment, just a perfecting amendment. The PRESIDING OFFICER. Is there objection to the re Mr. MINTON. I may be in accord with what the Senator quest of the Senator from Connecticut? The Chair hears is proposing, but someone else may not be. none. The PRESIDING OFFICER. Does the Senator yield to The question is on agreeing to the amendment, as modified, the Senator from Indiana to suggest the absence of a quorum? by the Senator from Connecticut, to strike certain language Mr. JOHNSON of Colorado. I yield. from the committee amendment, as amended. Mr. MINTON. I suggest the absence of a quorum. Mr. MALONEY. I observe the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The PRESIDING OFFICER. The clerk will call the roll. The Chief Clerk called the roll, and the following Senators The Chief Clerk called the roll, and the following Senators answered to their names: answered to their names: Adams Downey Lodge Schwellenbach Adams Danaher Hughes Radcliffe Andrews Ellender Lucas Shipstead Andrews Davis Johnson, Calif. Reed Ashurst Frazier McCarran Smathers Ashurst Donahey Johnson, Colo. Reynolds Austin Gerry McKellar Smith Aus tin Downey La Follette Russell Bailey Gibson McNary Stewart Bailey Ellender Lee Schwartz Bankhead Gillette Maloney Taft Bankhead Frazier Lodge Schwellenbach Barbour Green Mead Thomas, Idaho Barbour Gerry Lucas Shipstead Barkley Guffey Miller Thomas, Okla. Barkley Gibson McCarran Stewart Bilbo Gurney Minton Thomas, Utah Bilbo Gillette McKellar Thomas, Idaho Brown Hale Murray Tobey Brown Green McNary Thomas, Okla. Bulow Harrison Neely Townsend Bulow Guffey Maloney Thomas, Utall Byrd Hatch Norris Truman Byrd Gurney Mead Tobey Byrnes Hayden Nye Tydings Byrnes Hale Miller Townsend Capper Herring O'Mahoney Vandenberg Capper Hatch Minton Truman Chandler Hill Overton VanNuys Chandler Hayden Murray Tydings Chavez Holman Pepper Wagner Chavez Herring Neely Vandenberg Clark, Idaho Holt Pittman Walsh Clark, Idaho Hill Nye Van Nuys Clark, Mo. Hughes Radcliffe Wheeler Clark, Mo. Holman O'Mahoney Wheeler Connally Johnson, Calif. Reed White Connally Holt Overton White Danaher Johnson, Colo. Reynolds Davis La Follette Russell The PRESIDING OFFICER. Seventy-six Senators have Donahey Lee Schwartz answered to their names. A quorum is present. The PRESIDING OFFICER. Eighty-five Senators have The question is on agreeing to the amendment offered by answered to their names. A quorum is present. the Senator from Connecticut [Mr. MALONEY] to the com Mr. JOHNSON of Colorado. Mr. President, I ask that my mittee amendment, as amended. amendment, which is now at the desk, be stated. Mr. HATCH and other Senators demanded the yeas and The PRESIDING OFFICER. The amendment will be nays. stated. The yeas and nays were ordered. The CHIEF CLERK. In the committee amendment, on page Mr. MALONEY. Mr. President, before the vote is taken, 5, line 2, after the word "municipality", it is proposed to strike I should like to make a few brief observations. out the semicolon and to insert "who are not classified under I wish to emphasize again, if further emphasis is necessary a State or municipal merit or civil-service system." after the statements which have been made, just how serious Mr. JOHNSON of Colorado. Mr. President, as I stated a a step we would take in the passage of the pending bill. It moment ago, I have taken up this amendment with the senior seems to me to be a burlesque on a noble institution. I Senator from New Mexico, in charge of the bill, and he has want to be sure that there is no misunderstanding, and that no objection to it. The obJect and purpose of the amend Senators know, without a particle of doubt, that the defeat ment is not to exempt civil-service employees of a State or of my amendment and the passage of the Hatch bill means municipality who may also be heads of executive departments. that hereafter in local elections no person in any municipality Mr. HATCH. Mr. President, will the Senator yield? except the head of the Government and perhaps a few others Mr. JOHNSON of Colorado. I yield. may participate, and that hereafter in every community in Mr. HATCH. The purpose of the amendment is to make the land persons who have had long experience in government certain that the officers in question are not freed from the and are closely associated with government must stand on provisions of the bill. the side lines as the selection of candidates is made. Mr. JOHNSON of Colorado. That is correct. It removes It so happens that I live in a city which is governed by a the conflicts between the State law and the Federal law. Republican administration. It so happens that there is a Mr. MALONEY. Mr. President, in offering the amend Republican administration in my State. I am just as much ment I did yesterday I seem to have created a little confu concerned under such circumstances as I would be if con sion. Therefore, I now ask unanimous consent- ditions were reversed. I do not want to deny to those per The PRESIDING OFFICER. Will the Senator from Con sons, especially informed of matters of government and necticut withhold his request for a moment? The Senator knowing the people of their communities, the right to parti from Colorado [Mr. JoHNSON] has offered an amendment cipate in the selection of candidates. I want Senators to which is merely a perfecting amendment. It may be desir know just how far-reaching is this step, and that in my opin able to dispose of that before the Senator from Connecticut ion it is the most dictatorial proposal ever submitted to makes his request. Congress. It not only denies to millions of our people the The question is on agreeing to the amendment of the Sen right to take part in the selection of candidates and actively ator from Colorado [Mr. JoHNSON] to the committee amend to participate in election campaigns, but it opens the door, ment, as amended. and is probably the entering wedge, to denying in the future The amendment to the committee amendment, as amended, similar rights to further millions of our people who enjoy was agreed to; some benefits under such acts as the social-security law. 1940 CONGRESSIONAL RECORD-SENATE 2565 Mr. CONNALLY. Mr. President, will the Sena-tor yield? [Mr. GLASS], ·who is unavoidably absent. If he were present, Mr. MALONEY. I yield. he would vote "yea." I transfer that pair to the Senator Mr. CONNALLY. Every Fourth of July we make flam from Ohio [Mr. TAFT} and permit my vote to stand. I am boyant speeches about the right of free speech. Does the informed the Senator from Ohio, if present and voting, would Hatch bill preserve the right of free_speech to a man even vote "nay." though he holds a public office? Mr. McNARY Mr. BROWN. Mr. President, will the majority leader yield'~ how he would vote. I transfer that pair to the Senator from Mr. BARKLEY. I yield to the Senator from Michigan. Georgia [Mr. GEORGE], and will vote. I vote "nay." Mr. BROWN. I understand that the yeas and nays have The result was announced-yeas 30, nays 34, as follows: been ordered. YEA&-30 Mr. BARKLEY. That is true. Adams Donahey Lucas Schwartz Mr. BROWN. I think we ought to have a vote tonight. Bankhead Ellender McKellar Schwellenbach Brown Guffey Miller Smith Mr. BARKLEY. The yeas and nays may be ordered, but, Byrd Harrison Minton Stewart of course, that does not obligate the Senate to vote imme Byrnes Hayden Murray Thomas, Okla. Chavez Herring Pittman Tydings diately. Clark, Idaho Hill Radcliffe The PRESIDING OFFICER. The yeas and nays have been connally Lee Reynolds ordered. The Senator from Kentucky now is proposing that NAY&-34 the matter go over until tomorrow. Ashurst Gerry La Follette Shipstead Mr. BARKLEY. I think it is due to the absent Senators Austin Gibson Lodge Taft Barbour Green McCarran Thomas, Utah that the amendment go over until tomorrow. I move that Barkley Gurney McNary Vandenberg the Senate proceed to the consideration of executive business. Capper Hale Mead VanNuys Mr. McKELLAR. Mr. President, as a substitute for that Chandler Hatch Neely Walsh Clark, Mo. Holman Nye White motion, I move that the Senate adjourn until Monday next Danaher Holt O'Mahoney at 12 o'clock noon. Davis Johnson, Colo. Reed The PRESIDING OFFICER. The question is on agreeing NOT VOTING-32 to the motion of the Senator from Tennessee as a substitute Andrews Downey Lundeen Smathers for the motion of the Senator from Kentucky. Bailey Frazier Maloney Thomas, Idaho Bilbo George Norris Tobey Mr. BARKLEY. On that question I ask for the yeas and Bone Gillette Overton Townsend nays. Bridges Glass Pepper Trum9.n Bulow Hughes Russell WagnLr The yeas and nays were ordered, and the Chief Clerk called Burke Johnson, Calif. Sheppard Wheeler the roll. Caraway King Slattery Wiley Mr. McNARY. The senior Senator from Nebraska [Mr. So Mr. McKELLAR's motion to adjourn to Monday was NORRIS] is necessarily absent. If he were present, he would rejected. vote "nay." EXECUTIVE SESSION Mr. SHIPSTEAD (after having voted in the negative). I am paired with the senior Senator from Virginia [Mr. GLASS]. Mr. BARKLEY. I move that the Senate proceed to the I am not informed how he would vote if he were present. consideration of executive business. However, I find I can transfer my pair to the junior Senator The motion was agreed to; and the Senate proceeded to from Idaho [Mr. THOMAs]. I do so and allow my vote to the consideration of executive business. stand. EXECUTIVE MESSAGES REFERRED Mr. AUSTIN. I announce that the junior Senator from The PRESIDING OFFICER (Mr. CHANDLER in the chair) New Hampshire [Mr. ToBEY] is necessarily detained. If laid before the Senate messages from the President of the present, he would vote "nay." United States submitting sundry nominations, which were Mr. McKELLAR (after having voted in the affirmative). I referred to the appropriate committees. inquire if the senior Senator from Delaware [Mr. TowNsEND] (For nominations this day received, see the end of Senate has voted? proceedings.) The PRESIDING OFFICER. The Chair is advised that the EXECUTIVE REPORTS OF COMMITTEES Senator from Delaware has not voted. Mr. HARRISON, from the Committee on Finance, reported Mr. McKELLAR. I have a general pair with the Senator favorably the nomination of Thomas Parran, of New York, from Delaware, which I transfer to the junior Senator from to be Surgeon General of the Public Health Service for a Mississippi [Mr. BILBO], and allow my vote to stand. term of 4 years (reappointment) . Mr. MINTON. I announce that the Senator from Wash He also, from the same committee, reported favorably the ington [Mr. BoNE] and the Senator from Arkansas [Mrs. nomination of Jonas W. Graber, of Kansas City, Kans., to be CARAWAY] are absent from the Senate because of illness. Assistant to the Commissioner of Internal Revenue, to fill an The Senator from Nebraska [Mr. BURKE], the Senator from existing vacancy. Minnesota [Mr. LUNDEEN], the Senator from Florida [Mr. He also, from the same committee, reported favorably the PEPPER], the Senator from New Jersey [Mr. SMATHERS], the nominations of sundry officers for promotion in the United Senator from Texas [Mr. SHEPPARD], and the Senator from States Public Health Service. Illinois [Mr. SLATTERY] are detained on important public Mr. BAILEY, from the Committee on Finance, reported business. fav?rably the nomination of Paul R. Leake, of Woodland, Calif., to be collector of customs for customs collection dis The Senator from North Carolina [Mr. BAILEY], the Sena trict No. 28, with headquarters at San Francisco, Calif., in tor from Mississippi [Mr. BILBO], the Senator from California place of Charles 0. Dunbar, deceased. [Mr. DowNEY], the Senators from Georgia [Mr. GEORGE and Mr. McKELLAR, from the Committee on Post Offices and Mr. RUSSELL], the Senator from Iowa [Mr. GILLETTE], the Post Roads, reported favorably the nominations of several Senator from Virginia [Mr. GLASS], the Senator from Dela postmasters. ware [Mr. HUGHES], the Senator from Utah [Mr. KING], the The PRESIDING OFFICER. If there be no further re Senator from Connecticut [Mr. MALONEY], the Senator from ports of committees, the clE:lrk will state the nominations on Louisiana [Mr. OVERTON], the Senator from Missouri [Mr. the Executive Calendar. TRUMAN], the Senator from New York [Mr. WAGNER], and the Senator from Montana [Mr. WHEELER] are unavoidably POSTMASTERS detained. The legislative clerk proceeded to read sundry nominations I announce the following general pairs: The Senator from of postmasters. North Dakota [Mr. FRAziER] with the Senator from New York Mr. McKELLAR. I ask unanimous consent that the nomi- [Mr. WAGNER]; the Senator from New Hampshire [Mr. TOBEY] nations of postmasters be confirmed en bloc. · with the Senator from Florida [Mr. PEPPER]; the Senator from The PRESIDING OFFICER. Without objection, the nomi Wisconsin [Mr. WILEY] with the Senator from New Jersey nations of postmasters are confirmed en bloc. That com [Mr. SMATHERS]; and the Senator from Nebraska [Mr. NORRIS] pletes the Executive Calendar. with the Senator from Illinois [Mr. SLATTERY]. RECESS Mr. THOMAS of Utah. I have a general pair with the Sen Mr. BARKLEY. As in legislative session, I move that the ator from New Hampshire [Mr. BRIDGEs]. I am not advised Senate take a recess until 12 o'clock noon tomorrow. 1940 _CONGRESSIONAL RECORD-SENATE 2585 The motion was agreed to; and (at 5 o'clock al)d 45 min~ Capt. Henry Morehead Underwood, Corps of Engineers, utes p.m.) the Senate took a recess until tomorrow, Saturday, from March 1, .1940. March 9, 1940, at 12 o'clock meridian. Capt. James Bryan Newman, Jr., Corps of Engineers, from March 1, 1940. NOMINATIONS Capt. James Creel Marshall, Corps of Engineers, from Executive nominations received by the Senate March 8 (legis~ March 1, 1940. lative day ot March 4), 1940 Capt. Walter Ernest Lorence, Corps of Engineers, from March 1, 1940. APPOINTMENTS TO TEMPORARY RANK IN THE AIR CORPS lll THE REGULAR ARMY Capt. Lucius Du Bignon Clay, Corps of Engineers, from March 1, 1940. TO BE MAJORS Capt. Lloyd Ernst Mielenz, Corps of Engineers, from March Capt. Otto Paul Weyland, Air Corps. 1, 1940. Capt. Kirtley Jameson Gregg, Air Corps. Capt. Plerre Alexander Agnew, Corps of Engineers, from Capt. George Aldridge Whatley, Air Corps. March 1, 1940. Capt. Sheldon Brightwell Edwards, Air Corps. Capt. Alexander Murray Neilson, Corps of Engineers, from Capt, Clarence Steven Thorpe, Air Corps. March 1, 1940. Capt. Howard Hunt Couch, Air Corps. Capt. Hoel Smith Bishop, Jr., Corps of Engineers, from Capt. Wilfred Joseph Paul, Air Corps. March 1, 1940. Capt. Glenn L. Davasher, Air Corps. Capt. Robert Habersham Elliott, Corps of Engineers, from Capt. William Ludlow Ritchie, Air Corps. March 1, 1940. Capt. John Henry Dulligan, Air Corps. Capt. Samuel Davis Sturgis, Jr., Corps of Engineers, from NoTE.-Dates of rank not sp~cified as they will be deter~ March l, 1940. mined by dates of acceptance of certain officers nominated MEDICAL CORPS to the Senate on February 29, 1940, for appointment as To be captai?t temporary lieutenant colonels in the Air Corps. Flrst Lt. Raymond Harold Bunshaw, Medical Corps, from APPOINTMENT IN THE REGULAR ARMY April 1, 1940. TO JUDG;E ADVOCATE GENERAL'S DEPARTMENT MEDICAL ADMINISTRATIVE CORPS Capt. Karl Robin Bendetson, Judge Advocate General's To be captains Department Reserve, to be captain with rank from date of First Lt. Leonard George Tate Perkins, Medical Adminis- appointment. trative Corps, from April 23, 1940. · APPOINTMENTS BY TRANSFER IN THE REGULAR ARMY First . Lt. Harold Lincoln Gard, Medical Administrative TO FINANCE DEPARTMENT Corps, from April 23, 1940. Capt. Dresden James Cragun, Infantry, with rank from Flrst Lt. Joe Edward McKnight, Medical Administrative August 1, 1935. Corps, from April 23, 1940. Capt. Edgar Elliott Enger, Infantry, with rank from June POSTMASTERS 9, 1938. ALABAMA First Lt. George Rushmore Gretser, Infantry, with rank Bryan Whitehurst to be postmaster at Abbeville, Ala., in from June 13, 1936. place of Bryan Whitehurst. Incumbent's commission expired Flrst Lt. Albert Edward Reif Howarth, Infantry, with rank January 20, 1940. · from August 1, 1935. Una B. Bowden to be postmaster at Ariton, Ala., in place of PROMOTIONS IN THE REGULAR ARMY U. B. Bowden. Incumbent's commission expired February 15, To be colonels 1940. Lt. Col. Gustav Henry Franke,-Field Artillery, from March Robert B. Evans to be postmaster at Elkmont, Ala., in place 1, 1940. . of R. B. Evans. Incumbent's commission expired February Lt. Col. John Everard Hatch, Fleld Artillery, from March 15, 1940. 1, 1940. Robert H. Reid to be postmaster at Elmore, Ala. Office be Lt. Col. Charles Anderson Walker, Jr., Ordnance Depart came Presidential July 1, 1939. ment, from March 1, 1940. Robert Gaston Bozeman to be postmaster at Evergreen, Ala., in place of R. L. Stallworth. Incumbent's commission Lt. Col. Bethel Wood Simpson, Ordnance Department, from expired June 18, 1939. · March 1, 1940. Louie Glenn Ccllier to be postmaster at Huntsville, Ala., Lt. Col. Harold Floyd Nichols, Coast Artillery Corps, from in place of L. G. Collier. Incumbent's commission expires March 1, 1940. March 13, 1940. Lt. Col. Harry James Keeley, Infantry, from March 1, 1940. James F. Freeman, Sr., to be postmaster at Phenix City, . Lt. Col. Charles Philip Hall, Infantry, from March 1, 1940. Ala., in place of Leslie Booker, deceased. Lt. Col. Alexander Day Surles, Cavalry, from March 1, 1940. ALASKA To be lieutenant colonels Brigham Y. Grant to be postmaster at ·wrangell, Alaska, Maj. Ernest Louis McLendon, Infantry, from March 1, 1940. in place of B. Y. Grant. Incumbent's commission expires Maj. Rhodes Felton Arnold, Infantry, from March 1, 1940. March 12, 1940. Maj. Aln Dudley Warnock, Infantry, from March 1, 1940. ARIZONA Maj. Eugene Nelson Slappey, Infantry, from March 1, 1940. Vivian E. Dodge to be postmaster at Cavecreek, Ariz. Office Maj. Stephen Garrett Henry, Infantry, from March 1, 1940. became Presidential July 1, '1939. Maj. Harwood Christian Bowman, Field Artillery, from John W. Lawson to be postmaster at Oracle, Ariz. Office March 1, 1940. · became Presidential July 1, 1939. Maj. Rosenham Beam, Air Corps (temporary lieutenant Jesse L. Boyce to be postmaster at Williams, Ariz., in place colonel, Air Corps), from March 1, 1940. of J. L. Boyce. Incumbent's commission expired August 27, Maj. Harry McCorry Henderson, Infantry, from March 1, 1939. 1940. William H. Daley to be postmaster at Window Rock, Ariz. Maj. Pleas Blair Rogers, Infantry, from March 1, 1940. Office became Presidential July 1, 1939. To be majors ARKANSAS Capt. Clarence Lionel Adcock, Corps of Engineers, from Bascom B. Bevens to be postmaster at Booneville, Ark., in March 1, 1940. place of B. B. Bevens. Incumbent's commission expired July Capt. John Leon McElroy, Infantry, from March 1, 1940. 17, 1939. ' . 258S CONGRESSIONAL RECORD-SENATE MARCH 8 Grover L. Webb to be postmaster at Delight, Ark., in place Frank P. Ablondi to be postmaster at Stony Creek, Conn., of G. L. Webb. Incumbent's commission expired May 10, in place of F. P. Ablondi. Incumbent's commission expired 1939. June 4, 1939. James Thweatt to be postmaster at De Valls Bluff, Ark., in DISTRICT OF COLUMBIA place of James Thweatt. Incumbent's commission expires Vincent C. Burke to be postmaster at Washington, D. C., in March 10, 1940. place of V. C. Burke. Incumbent's commission expired March Andrew J. Clemmons to be postmaster at Grady, Ark., in 6, 1940. place of A. J. Clemmons. Incumbent's commission expired FLORIDA July 1, 1939. Elmer L. Grantham to be postmaster at Archer, Fla., in Parker D. Clear to be postmaster at Hardy, Ark., in place place of F. H. Gibbons. Incumbent's commission expired of P. D. Clear. Incumbent's -commission expired February February 10, 1938. 14; 1940. Douglass G. Perry to be postmaster at Avon Park, Fla., in Allen T. cowden to be postmaster at Horatio, Ark., in place place of D. G. Perry. Incumbent's commission expired Feb of A. T. Cowden. Incumbent's commission expired June 12, ruary 5, 1940. 1939. Schubert S. Welling to be postmaster at Babson Park, Fla., William J. Martin to be postmaster at Humphrey, Ark., in in place of S. S. Welling. Incumbent's commission expired place of W. J. Martin. Incumbent's commission expired January 28, 1940. August 26, 1939. Ethel S. Pierce to be postmaster at Boynton, Fla., in place of Benjamin F. Thompson to be postmaster at Jacksonville, c. W. Pierce, deceased. Ark. Office b:;came Presidential July 1, 1939. Beulah L. Kunberger to be postmaster at Florence Villa, Glenn G. Martel to be postmaster at Magnolia, Ark., in Fla., in place of B. L. Kunberger. Incumbent's commission place of J. G. Brown, resigned. expired August 26, 1939. Aleen W. Holmes to be postmaster at Perryville, Ark. Offi(:e Frederick F. Stump to be postmas·ter at Starke, Fla., in became Presidential July 1, 1938. place of F. F. stump. Incumbent's commission expired March William F. Bryant to be postmaster at Quitman, Ark., in 27, 1939. place of w. F. Bryant. Incumbent's commission expired Jan Mary L. Woodmansee to be postmaster at Valpariso, Fla. uary 20, 1940. Office became Presidential July 1, 19B9. Ernest A. Stockburger to be postmaster at West Fork, Ark., GEORGIA in place of E. A. Stoelcburger. Incumbent's commission ex pired July 1, 1939. Irene McLeod to be postmaster at Abbeville, Ga., in place of Irene McLeod. Incumbent's commission expired March CALIFORNIA 15, 1938. Ivy E. Reynolds to be postmaster at Byron, Calif., in place Lucius Hannon to. be postmaster at Atco, Ga., in place of of I. E. Reynolds. Incumbent's commission expired August Lucius Hannon. · Incumbent's commission expired January 14, 1939. 20, 1940. George VI. Hull to be postmaster at Camino, Calif., in place Elizabeth H. Quinn to be postmaster at Barnesville, Ga., in of G. W. Hull. L1cumbent's commission expired August 14, place of E. H. Quinn. Incumbent's commission expired Jan 1939. uary 20, 1940. Allan M. Davis to be postmaster at Exeter, Calif., in place Martha C. Aultman to be postmaster at Byron, Ga., in place of W. M. McClearen. Incumbent's commission expired Feb of M. C. Aultman. Incumbent's commission expired August ruary 9, 1939. 27, 1939. Callie R. Mason to be postmaster at Lost Hills, Calif. Jesse S. Weathers to be postmaster at Cairo, Ga., in place Office became Presidential July 1, 1939. of J. S. Weathers. Incumbent's commission expired January Albert R. White to be postmaster at Monolith, Calif. Office 20, 1940. became Presidential July 1, 1539. Estelle G. Pierce to be postmaster at Chamblee, Ga. Office Dorothy M. Montgomery to be postmaster at Oceano, Calif. · became Presidential July 1, 1939. Office became Presidential July 1, 1939. Marcus Watson Miller to be postmaster at Colquitt, Ga., in Anna W. Scherrer to be postmaster at Placerville, Calif., in place of M. W. Miller. Incumbent's commission expired Feb place of Joseph Scherrer, deceased. ruary 27, 1940. Charles H. Hayden to be postmaster at San Rafael, Calif., Telford M. Oliver to be postmaster at Franklin Springs, Ga. in place ofT. M. Day, deceased. Office became Presidential July 1, 1939. Grady P. Hobson to be postmaster at Selma, Calif., in place Mae W. Dukes to be postmaster at Gibson, Ga., in place of of L. C. Pratt, resiened. M. W. Dukes. Incumbent's commission expired January 20, William Chester Barry to be postmaster at Soledad, Calif., 1940. in place of E. S. Franscioni. Incumbent's commission ex Ivey M. Cox to be postmaster. at Newton, Ga., in place of pired February 9, 1939. I. M. Cox. Incumbent's commission expired August 14, 1939. Harriet J. Gross to be postmaster at Wheatland, Calif., in John Stanley Newton to be postmaster at Norman Park, plac.e of C. P. Griffith, resigned. Ga., in place ef J. S. Newton. Incumbent's commission ex COLORADO pired January 20, 1940. Mae L. Lewis to be postmaster at Gilman, Colo., in place Grover C. Alston to be postmaster at Richland, Ga., in place of M. L. Lewis. Incumbent's commission expired February of G. C. Alston. Incumbent's commission expired August 14, 7, 1940. 1939. M. Ethel Guire to be postmaster at Uravan, Colo. Office William H. Brock to be postmaster at Trenton, Ga. Office became Presidential July 1, 1939. became Presidential July 1, 1939. CONNECTICUT Jesse W. Slade to be postmaster at.Zebulon, Ga., in· place of James M. Tomney to be postmaster at Cos Cob, Conn., in J .. W. Slade. Incumbent's commission expires March 13, 1940. place of J. M. Tomney. Incumbent's commission expired IDAHO March 28, 1939. Willis M. Sears to be postmaster at Albion, Idaho, in place Philip T. Lewis to be postmaster at East Killingly, Conn. of W. M. Sears. Incumbent's commission expired March 25, Office became Presidential July 1, 1939. 1939. Martin W. Sinnott to be postmaster at New Hartford, Conn., ILLINOIS in place of M. W. Sinnott. Incumbent's commission expired Milton w. Struwing to be postmaster at Algonquin, TIL, in August 27, 1939. place of C. C. Franke, removed. Walter G. Barker to be postmaster at Niantic, Conn., in Rupert R. B::trkley to be postmaster at. Casey, Ill., in place place of W. G. Barker. Incumbent's commission expired May of R. R. Barkley. Incumbent's commission expired January 13, 1939. 23, 1940. 1940 _CONGRESSIONAL R·ECORD-SENATE 2587 Dale A. Leifheit to be postmaster at De Kalb, Ill., in place of Lee E. Finders to be postmaster at Oelwein, Iowa, in place of T. S. Murray, deceased. L. E. Finders. Incumbent's commission expired July 19, 1939. Mary Dillon-O'Brien to be postmaster at Flanagan, Til., in Olive C. Raders to be postmaster. at Strawberry Point, Iowa, place of Mary Dillon-O'Brien. Incumbent's commission ex in place of L. A. Klisart. Incumbent's commission expired pired August 22, 1939. May 17, 1938. Frank M. Bradley to be postmaster at Geneseo, IIJ., in place Irene C. Schmidt to be postmaster at West Point, Iowa, in cf F. M. Bradley. Incumbent's commission expired July 18, place of I. C. Schmidt. Incumbent's commission expired 1939. March 20, 1939. William V. Webb to be postmaster at Karnak, Ill., in place KANSAS of W. V. Webb. Incumbent's commission expired August 13, Harold J. March to be postmaster at Bucklin, Kans., in 1933. place of H. J. March. Incumbent's commission expired Leo J. Willison to be postmaster at Olivet, Ill., in place of January 31, 1940. J. A. Hirsbrunner, retired. - George R. Cleveland to be postmaster at Fort Dodge, Kans. William Claude Rogers, Sr., to be postmaster at Percy, Ill., Office became Presidential July 1, 1939. in place of W. C. Rogers, Sr. Incumbent's commission ex- Kenneth Grove to be postmaster at Greeley, Kans., in place pired February 14, 1940. . of F. V. Morgan, resigned. Alice May Pulley to be postmaster at Pittsburg, Ill., in place Kathleen M. Malone to be postmaster at Herndon, Kans., of A. M. Pulley. Incumbent's commission expired January in place of D. E. Walsh, removed. 20, 1940. . . Ruth Hopson to be postmaster at Phillipsburg, Kans., in · Palmer Cecil Smith to be postmaster at Potomac, Ill., in place of Ruth Hopson. Incumbent's commission expired May place of P. C. Smith. Incumbent's commission expired Au 25, 1938. gust 22, 1939. KENTUCKY Harry G. Sleep to be postmaster at Warrenville, Ill. Office became Presidential July 1, 1939: Joseph V. Carder to be postmaster at Brownsville, Ky. Calvin L. Bradley to be postmaster at Willisville, Ill. Office Office became Presidential July 1, 1938. became Presidential July 1, 1939. . Dorothy B. Keeling tp be postmaster at Camp Taylor, Ky., Lydia B. Morrissey to be postmaster at Winthrop Harbor, in place of D. B. Watkins. Incumbent's commissi~m expired 1, 1939. - . 1 Ill. Office became Presidential July 1, 1939. July Anna Mary Bowne to be postmaster ~t Clearfield, Ky., in INDIANA place of M. S. Bowne, resigned. John J. Wintrode to be postmaster at Andrews, Ind., in · Lester-Jeter to be postmaster at Hustonville, Ky., in place place of J. W. Markle, deceased. of Lester Jeter. Incumbent's commission expired January 23, Emma Knesek to be postmaster at Cedar Lake, Ind., · in 1940. . place of Emma Knesek. Incumbent's commission expired Milton R. Snyder, Jr., to be postmaster at Milton, Ky. February 14, 1940. Office became Presidential July 1, 1939. · Roland T. Jones to be postmaster· at Chrisney, Ind., in place Robert J. Walker to be postmaster at Paint Lick, Ky., in of 0. J. Fueger, resigned. place of R. J. Walker. Incumbent's commission expired Albert Spanagel to be·postmaster at Lawrenceburg, Ind., in August 21, 1939. place of Albert Spanagel. Incumbent's commission expired Everett T. Breen to be postmaster at Stamping Ground, Ky., January 20, 1940. · in place of E. T. Breen. Incumbent's commission expired Henry E. Delp to be postmaster at Marshall, Ind., in place August 21, 1939. of H. E. Delp. Incumbent's commission expired March 20, 1939. . . LOUISIAN_A · Kenneth B. Anderson to be postmaster at Bogalusa, La., in Joseph M. Bowen to be postmaster at Mishawaka, Ind., in place of C. L. Black, resigned. place of J. L. Kennedy, deceased. Carl C. Brown to be postmaster at Haynesville, La., in place Hugh G. McMahan to be postmaster at Rochester,' Ind., in of S. E. Rankin. Incumbent's commission expired December place of H. G. McMahan. Incumbent's commission expired 20, 1934. April 27, 1938. William F. Derrick to be postmaster at Pioneer, La. Office James Frank Durr to be postmaster at Sheridan, Ind., in became Presidential July 1, 1939. place of R. 0. Couch. Incumbent's commission .expired Feb- Lois C. Adams to be postmaster at Roseland, La. Office be _ruary 18, 1939.. · came Presidential July 1, 1939. James E. Purkiser to be postmaster at West Baden Springs, Elmer J. Dalfiume to be postmaster at Sondheimer, La. Ind., in place of J. E. Purkiser. Incumbent's commission Office became Presidential July 1, 1939. expires March 11, 1940. MAINE IOWA Joseph M. Mountain to be postmaster at Dexter, Maine, in Ruth F. Ho1lingshead to be postmaster at Albia, Iowa, in place of J. M. Mountain. Incumbent's commission expired place of R. F. Hollingshead, resigned. June 26, 1939. Clare Dougherty to be postmaster at Allerton, Iowa, in place Henry H. Higgins to be postmaster at Ellsworth, Maine, in of T. 0. Nye. Incumbent's commission expired June 18, 1938. place of H. C. Jordan, deceased. Myrtle A. Barnes to be postmaster at Delhi, Iowa, in place - Charles A. Robbins to be postmaster at Lincoln, Maine, in of M. A. Barnes. Incumbent's commission expired August 15, place of C. A. Robbins. Incumbent's commission expired 1939. January 23, 1940. Mary A. Waters to be postmaster at Delmar, Iowa, in p!ace Opal F. Temple to be postmaster at Monticello, Maine, in of M. A. Waters. Incumbent's commission expired January place of 0. F. Temple. Incumbent's commission expired Au- 23, 1940. gust 21, 1939. . Mabel Crane to be postmaster at Dexter, Iowa, in place of . Edith B.-Holden to be postmaster at Oakfield, Maine, in G. A. Crane, deceased. place of E. B. Holden. Incumbent's commission expired July Jurgen B. Boldt to be postmaster at Jesup, Iowa, in place of 1, 1939. J. B. Boldt. Incumbent's commission expired May 31, 1939. · Linwood J. Emery to be postmaster at Sanford, Maine, in Howard E. Reichard to be postmaster at Knoxville, Iowa, in place of L. J. Emery. Incumbent's commission expired June . place of H. E. Reichard. Incumbent's commission expired 19, 1939 . January 23, 1940. Annie D. Thompson to be postmaster at Waldoboro, Maine, Ethel M. Knudson to be postrn.aster at Lytton, Iowa, in in place of A; C. Hoffses. Incumbent's coml!lission expired place of C. F. Brobeil, ·deceased. · March 28, 1939. · · 2588 CONGRESSIONAL RECORD-SENATE MARCH 8 MARYLAND Donald L. Lockwood to be postmaster at Fowlerville, Mich., John W. L. McAvoy to be postmaster at Boonsboro, Md., in in place of E. C. Cole, removed. place of J. W. L. McAvoy. Incumbent's commission expired Florence M. Meier to be postmaster at Fraser, Mich. Office August 22, 1939. became Presidential July 1, 1939. John L. Downs to be postmaster at Clear Spring, Md., in John W. Currigan to be postmaster at Lyons, Mich. Office place of C. T. Kreigh, removed. became Presidential July 1, 1939. Charles P. Anger to be postmaster at Garrison, Md. Office Rosie J. Barnes to be postmaster at Maple Rapids, Mich. became Presidential July 1, 1939. Office became Presidential July 1, 1939. William D. Lovell, Jr., to be postmaster at New Windsor, Ethel Wood to be postmaster at Rives Junction, Mich. Md., in place of W. D. Lovell, Jr. Incumbent's commission O:mce became Presidential July 1, 1939. expired January 20, 1940. Ida Parker to be postmaster at The Heights, Mich. Office Levin D. Lynch to be postmaster at Ocean City, Md., in became Presidential July 1, 1939. place of L. D. Lynch. Incumbent's commission expired Jan MINNESOTA uary 20, 1940. Harry W. Long to be postmaster at Alexandria, Minn., in Mary W. Stewart to be postmaster at Oxford, Md., in place place of C. B. Smith, deceased. of M. W. Stewart. Incumbent's commission expired January James 0. Low to be postmaster at Bingham Lake, Minn., 20, 1940. in place of J. 0. Low. Incumbent's commission expired Clarence H. Chute to be postmaster at Pasadena, Md. August 26, 1939. Office became Presidential July 1, 1939. Emily M. Drexler to be postmaster at Brandon, Minn., in Maurice T. Truitt to be postmaster at Pittsville, Md., in place of E. M. Drexler. Incumbent's commissien expired place of M. T. Truitt. Incumbent's commission expired Jan- March 12, 1939. uary 20, 1940. · Duson Koncker to be postmaster at Buhl, Minn., in place of Edward L. Bachtell to be postmaster at SmithsbUrg, Md., J. F. Doherty. Incumbent's commission expired March 12, in place of E. L. Bachtell. Incumbent's commission expired 1939. August 27, 1939. Leonard 0. Ellson to be postmaster at Finlayson, Minn., in John 0. Crapster to be postmaster at Tan~ytown, Md., in place of J. H. Arth, removed. place of J. 0. Crapster. Incumbent's commission expired Cora E. McAlpine to be postmaster at Marble, Minn., in January 20, 1940. place of C. E. McAlpine. Incumbent's commission expired MASSACHUSETTS August 1, 1939. John F. Larnard to be postmaster at Amesbury, Mass., in MISSISSIPPI place of J. F. Larnard. Incumbent's commission expired Rosa W. Burton to be postmaster at Alligator, Miss. Office February 15, 1940. · became Presidential July 1, 1939. . George G. Henry to be postmaster at Ashfield, Mass., in Eloise G. Stephens to be postmaster at Artesia, Miss. Office place of G. G. Henry. Incumbent's commission expired became Presidential July 1, 1938. March 3, 1940. Christopher R. Berry to be postmaster at Benton, Miss., in Paul E. Haley to be postmaster at Chester, Mass., in place place of C. R. Berry. Incumbent's commission expired July of P. E. Haley. Incumbent's commission expired July 31, 18, 1939. 1939. Bessie L. Sisson to be postmaster at Beulah, Miss. Office Richard F. Pender to be postmaster at Dalton, Mass., in became Presidential July 1, 1939. · place of R. F. Pender. Incumbent's commission expired William G. Sloan to be postmaster at Northcarrollton, Miss., March 3, 1940. in place of W. G. Sloan. Incumbent's commission expired Frances B. Stevens to be postmaster at East Falmouth, January 20, 1940. Mass. Office became Presidential July 1, 1939. Andrew J. Roper to be postmaster at Saltillo, Miss., in place Charles E. Morrison to be postmaster at Falmouth, Mass., of A. J. Roper. Incumbent's commission expired March 3, in place of C. E. Morrison. Incumbent's commission expires 1940. ' March 11, 1940. Marion Carl Ferguson to be postmaster at Walnut Grove, J. Francis Meg ley to be postmaster at Holbrook, Mass., in Miss., in place of C. D. Chadwick, deceased. place of J. F. Megley. Incumbent's commission expired March 3, 1940. MISSOURI Martin J. Healey to be postmaster at Hubbardston, Mass. Edwin A. Williams to be postmaster at Boonville, Mo., in Office became Presidential July 1, 1938. place of E. A. Williams. Incumbent's commission expired James E. Harte to be postmaster at Lee, Mass., in place of March 4, 1940. J. E. Harte. Incumbent's commission expired March 3, 1940. Birdie Lee See to be postmaster at Corder, Mo., in place of Regina C. West to be postmaster at Littleton Common, Birdie Lee See. Incumbent's commission expires March 13, Mass., in place of N. E. Callahan, deceased. 1940. James Connaughton to be postmaster at North Grafton, Adrian A. Fults to be postmaster at Crystal City, Mo., in Mass., in place of M. E. Glispin, removed. place of A. A. Fultz. Incumbent's commission expired Feb· Wilfred J. Tancrell to be postmaster at North Uxbridge, ruary 15, 1940. Mass., in place of W. J. Tancrell. Incumbent's commission Ray G. Carter to be postmaster at Ellington, Mo., in place expired March 3, 1940. of E. K. Daniels, removed. William F. Eggo to be postmaster at Pinehurst, Mass. Office John E. Davis to be postmaster at Eureka, Mo., in place became Presidential July 1, 1939. of G. B. Sturgis, removed. Francis G. Fanning to be postmaster at South Lee, Mass., Roy Carter Hendren to be postmaster at Hamilton, Mo., in in place of F. G. Fanning. Incumbent's commission expired place of R. C. Hendren. Incumbent's commission expires March 3, 1940. March 13, 1940. John C. Donnelly to be postmaster at Walpole, Mass., in William H. Kendr1ck to be postmaster at La Belle, Mo., in place of J. C. Donnelly. Incumbent's commission expired place of W. H. Kendrick. Incumbent's commission expired February 15, 1940. February 7, 1940. mcmGAN Elton C. Cook to be postmaster at Lathrop, Mo., in place Henry H. Sibole to be postmaster at Breedsville, Mich. of E. C. Cook. Incumbent's commission expires March 13, Office became Presidential July 1, 1939. 1940. John H. Sauvola to be postmaster at Chassell, Mich., in William H. Nanney to be postmaster at Marble Hill, Mo., in place of J. H. Sauvola. Incumbent's commission expired place of W. H. Nanney. Incumbent's commission expired January 20, 1940. August 7, 1939. 1940 .CONGRESSIONAL RECORD-SENATE 2589 Kathryn Barry to be postmaster at Mendon, Mo., in place Henry J. Rourke to be postmaster at Gansevoort, N. Y. of Kathryn Barry. Incumbent's .commission expires March Office became Presidential July 1, 1939. 13, 1940. - Bess J. Smith to be postmaster at Hammond, N.Y., in place Phares K. Weis to be postmaster at Moberly, Mo., in place of L. R. Smith, deceased. of P. K. Weis. Incumbent's commission expired March 6, Elsa D. Hart to be postmaster at High Falls, N.Y., in place 1940. of E. D. Hart. Incumbent's commission expired August 21, William G. Nunnelly to be postmaster at New Florence, Mo., 1939. in place of W. G. Nunnelly. Incumbent's commission expired George E. Blust to be postmaster at Holland Patent, N.Y., January 23, 1940. in place of G. E. Blust. Incumbent's commission expired Emmett H. Bond to be postmaster at Osceola, Mo., in place August 21, 1939. of E. H. Bond. Incumbent's commission expired February 5, Howard R. Stevens to be postmaster at Hopewell Junction, 1940. N. Y., in place of H. R. Stevens. Incumbent's commission Roy Cooper to be postmaster at Puxico, Mo., in place of Roy expired March 19, 1939. Cooper. Incumbent's commission expired August 27, 1939. Glenn C. Edick to be postmaster at Lacona, N.Y., in place Edna E. Saunders to be postmaster at Stewartsville, Mo., of G. C. Edick. Incumbent's commission expired July 18, in place of E. E. Saunders. Incumbent's commission expired 1939. . August 22, 1939. Theodore W. Cook to be postmaster at Montauk, N.Y., in MONTANA place ofT. W. Cook. Incumbent's commission expired June Carl A. Walker to be postmaster at Musselshell, Mont., 15, 1938. in place of C. A. Walker. Incumbent's commission expired Emily B. Koons to be postmaster at Manlius, N.Y., in place August 27, 1939. of J. L. McDermott, removed. NEBRASKA Carson C. Faulkner to be postmaster at Margaretville, N.Y., David A. Rose to be postmaster at Brunswick, Nebr., in in place of C. C. Faulkner. Incumbent's commission expired place of D. A. Rose. Incumbent's commission expired July August 2, 1939. Katherine W. Davis to be postmaster at Miller Place, N.Y. 24, 1939. Office became Presidential July 1, 1939. Maurice W. Ahern to be postmaster at Carroll, Nebr., in John H. Douglass to be postmaster at Orient, N.Y., in place place of Nick Warth, resigned. of J. H. Douglass. Incumbent's commission expired August Robert Harold O'Kane to be postmaster at Wood River, 2, 1939. Nebr., in place of D. D. O'Kane, resigned. Mae J. Pessenar to be postmaster at Pine Hill, N. Y., in NEVADA place of M. J. Pessenar. Incumbent's commission expired Ernest H. Bath to. be postmaster at Carson City, Nev., in August 8, 1939. place of E. H. Bath. Incumbent's .commission expired Febru Robert E. Boslet to be postmaster at Syosset, N. Y., in place ary 8, 1939. of Clarence Smith. Incumbent's commission expired March Margaret E. Bauer to be postmaster at Panaca, Nev. Office 23, 1936. . became Presidential July 1, 1939. NORTH CAROLINA NEW HAMPSHIRE Margueritte G. Blanchard to be postmaster at Woodland, Ambrose P. McLaughlin to be postmaster at Bretton Woods, N.C., in place of S. N. Blanchard, deceased. N. H. Office became Presidential July 1, 1939. NORTH DAKOTA Carl D. Roche to be postmaster at Keene, N. H., in place of Clair M. Christensen to be postmaster at Kensal, N. Dak., H. F. Waling, removed. in place of J. A. Schieb, deceased. J. Arthur Lemaire to be postmaster at Suncook, N. H., in Edward H. Berheide to be postmaster at St. Michael, place of F. M. Pettengill, resigned. N. Dak. Office became Presidential July 1, 1939. NEW JERSJ:Y OHIO Sam Epstein to be postmaster at Lake Hiawatha, N. J. John B. Kochheiser to be postmaster at Bellville, Ohio, in Office became Presidential July 1, 1939. place of J. B. Kochheiser. Incumbent's commission expired Victor R. Keller to be postmaster at Northfield, N. J., in January 20, 1940. place of V. R. Keller. Incumbent's commission expired John Galida to be postmaster at Campbell, Ohio, in place August 26, 1939. of E. J. Zetts, resigned. Curtis J. Gray to be postmaster at Pine Beach, N. J. Office Glenn R. Evans to be postmaster at Chesterland, Ohio. became Presidential July 1, 1937. Office became Presidential July 1, 1938. NEW MEXICO Frank W. Taylor to be postmaster at Clarksburg, Ohio. Martin Baca to be postmaster at Belen, N.Mex., in place of Office became Presidential July 1, 1939. T. B. Baca. Incumbent's commission expired February 4, Charles M. Casenhiser to be postmaster at Clinton, Ohio. 1931: Office became Presidential July 1, 1939. August Fellerath to be postmaster at Gypsum, Ohio, in place NEW YORK of August Fellerath. Incumbent's commission expired Feb- Harry Averill to be postmaster at Adams Center, N. Y., in ruary 14, 1940. · place of Harry Averill. Incumbent's commission expired Florence Wilcox to be postmaster at Hilliards, Ohio, in place August 2, 1939. of Florence Wilcox. Incumbent's commission expired Jan Estell ~. Harrington to be postmaster at Alexander, N. Y. uary 20, 1940. Office became Presidential July 1, 1939. Peter F. Hammond to be postmaster at Lancaster, Ohio, in Thomas F. Reilly to be postmaster at Bear Mountain, N. Y. place of J. E. Gallagher, removed. Office became Presidential July 1, 1939. Edgar C. Merkle to be postmaster at Mogadore, Ohio, in Lillian P. Rock to be postmaster .at Bloomingdale, N .Y. place of E. C. Merkle. Incumbent's commission expired Office became Presidential July 1, 1939. August 26, 1939. Edwin G. Champlin to be postmaster at Cherry Creek, N. Y., Cecil W. Briggs to be postmaster at New Holland, Ohio, in in place of E. G. Champlin. Incumbent's commission expired place of C. W. Briggs. Incumbent's commission expired Jan August 2, 1939. uary 20, 1940. John Frank Gagen to be· postmaster at Cutchogue, N.Y., William F. Engle to be postmaster at New Paris, Ohio, in in place of J. F. Gagen. Incumbent's commission expired place of W. F. Engle. Incumbent's commission expired July August 21, 1939. 2, 1939. Victoria C. Moore to be postmaster at Dryden, N. Y., in James L. Crawford to be postmaster at Orient, Ohio, in piace of Leona Fortner. Incumbent's commission expired place of J. L. Crawford. Incumbent's commission expired January 31, 1938. January 20, 1940. LXXXVI--164 2590 PONGRESSIONAL RECORD-SENATE MARCH 8 Hiram L. Basinger to be postmaster at Pandora, Ohio, in George L. Corrigan to be postmaster at New Hope, Pa., in · place of H. L. Basinger. Incumbent's commission expired place of G .. L. Corrigan. Incumbent's commission expired January 20, 1940. August 2, 1939. Louis E. Harman to be postmaster at Russellville, Ohio, in Mark P. Haldeman to be postmaster at Pine Grove, Pa., in place of Joe Myers, deceased. place of H. D. Sarge. Incumbent's commission expired June Ray M. Cartwright to be postmaster at Sardinia, Ohio, in 10, 1936. place of R. M. Cartwright. Incumbent's commission expired Cora B. Rufe to be postmaster at Riegelsville, Pa., in place January 20, 1940. of C. B. Rufe. Incumbent's commission expired April 6, 1939. OKLAHOMA GuyS. Behler to be postmaster at Slatington, Pa., in place Ben Cox to be postmaster at Boise City, Okla., in place of G. S. Behler. Incumbent's commission expired August 27, of Ben Cox. Incumbent's commission expired August 13, 1939. 1939. Mabel G. Johnston to be postmaster at Woolrich, Pa., in Hallie Clark Forde to be postmaster at Cherokee, Okla., in place of C. V. Johnston, deceased. place of H. C. Forde. Incumbent's commission expired May SOUTH CAROLINA 22, 1938. Robert A. Deason to be postmaster at Barnwell, S. C., in Louis F. Dievert to be postmaster at Covington, Okla., in place of R. A. Deason. Incumbent's commission expired place of L. F. Dievert. Incumbent's commission expired June January 23, 1940. 26, 1939. Helen VanKeuren to be postmaster at Cayce, S. C. Office Ray M. Hubbert to be postmaster at Fargo, Okla., in place became Presidential July 1, 1939. of R. M. Hubbert. Incumbent's commission expired August Kirby Melton to be postmaster at Chesterfield, S. C., in 26, 1939. place of J. R. Rivers. Incumbent's commission expired June Elmer C. Hoops to be postmaster at Fort Cobb, Okla., in 18, 1939. place of E. C. Hoops. Incumbent's commission expired Jan- . Marjorie E. Chumley to be postmaster at Slater, s. C. Office uary 24, 1940. became Presidential July 1, 1939. Amos C. DeWolfe to be postmaster at Guymon, Okla., in place of F. S. DeWolfe, resigned. SOUTH DAKOTA Howard J. Dunavant to be postmaster at Jet, Okla., in place Edward Lee McMahon to be postmaster at Beresford, of K. L. Hickman, deceased. S.Dak., in place of Fred Boller, deceased. Belle Huntington to be postmaster at Luther, Okla., in Amelia L. Rositch to be postmaster at Bowdle, S. Oak., in place of Belle Huntington. Incumbent's commission expired place of A. L. Rositch. Incumbent's commission expired July June 1, 1939. 9, 1939. Joseph L. Pryor to be postmaster at Olustee, Okla., in place Bastian J. Kallemeyn to be postmaster at Hayti, S. Oak., in of J. L. Pryor. Incumbent's commission expired August 13, place of B. J. Kallemeyn. Incumbent's commission expired 1939. July 19, 1939. Robert F. Rind to be postmaster at Pine Valley, Okla., in TEXAS place of R. F. Rind. Incumbent's commission expired August Edith P. Rcbinson to be postmaster at Alvarado, Tex., in 13, 1939. place of C. Y. Shultz, removed. Albert M. Lewis to be postmaster at Stuart, Okla., in place Miss John Gilliland to be postmaster at Baird, Tex., in of C. V. Gilmore, transferred. place of Miss John Gllliland. Incumbent's commission ex Rennie Alvin Bolar to be postmaster at Waynoka, Okla., pired July 18, 1939. in place of A. R. Pierce, removed. Leon L. Rosner to be postmaster at Bellaire, Tex. Office James M. Crabtree to be postmaster at Weatherford, Okla., became Presidential July 1, 1939. ln place of J. M. Crabtree. Incumbent's commission expired Robert E. Sneed, Sr., to be postmaster at Deer Park, Tex. February 5, 1940. Office became Presidential July 1, 1939. Fred Allison to be postmaster at Westville, Okla., in place Edward E. Layton to be postmaster at Eastland, Tex., in of Fred Allison. Incumbent's commission expired August 27, place of F. A. Jones. Incumbent's commission expired July 18, 1939. 1939. Eleanor H. Shobert to be postmaster at Fairbanks, Tex. OREGON Office became Presidential July 1, 1939. Harry L. Price to be postmaster at Aloha, Oreg. Office Charles E. Cade to be postmaster at Genoa, Tex. Office became Presidential July 1, 1939. became Pres:.dential July 1,1939. Florence N. Pearson to be postmaster at Timber, Oreg. Clara C. Redford to be postmaster at Johnson City, Tex., in Office became Presidential July 1, 1939. place of C. C. Redford. Incumbent's commission expired PENNSYLVANIA February 27, 1940. Dennis J. Murphy to be postmaster at Barnesboro, Pa., in Don 0. Davis to be postmaster at McKinney, Tex., in place place of D. J. Murphy. Incumbent's commission expired Feb of W. B. Wilson, resigned. ruary 21, 1939. Dallas S. Lankford to be postmaster at Mineola, Tex., in Charles H. Beck to be postmaster at Bushkill, Pa., in place place of D. S. Lankford. Incumbent's commission expired of C. H. Beck. Incumbent's commission expired August 22, January 25, 1939. 1939. Olin N. Buchanan to be postmaster at Point, Tex., in place Vesta Alice Swartz to be postmaster at Dauphin, Pa., in of Cleo Jackson, resigned. place of C. S. McNeely, removed. Rudolph A. Engelking, Jr., to be postmaster at Sealy, Tex., Harold B. Dill to be postmaster at Finleyville, Pa., in place in place of E. A ..Beckman, removed. of H. B. Dill. Incumbent's commission expired August Loui~a H. Desmond to be postmaster at Spring, Tex. Office 2, became Presidential July 1, 1939. 1939. Roscoe C. Thomas to be postmaster at Stamford, Tex., in Herbert M. Ellis to be· postmaster at Glenside, Pa., in place place of T. B. Colbert. Incumbent's commission expired of E. E. Fricker. Incumbent's commission expired February March 15, 1939. 24, 1936. Emmett R. Moon to be postmaster at Stephenville, Tex., Kathryn A. B. Pinnock to be postmaster at Le Raysville, in place of L. W. Phillips. Incumbent's commission expired Pa., in place of K: A. B. Pinnock. Incumbent's commission August 21, 1939. · expired August 22, 1939. Volney F. Norris to be postmaster at Thorndale, Tex., in Frank K. Barnhart to be postmaster. at Linwood, Pa., in place of V. F. Norris. Incumbent's commission expired Janu place of J.P. Connolly, deceased. ary 31, 1940. Lzv;is M. Kachel to be postmaster at Mohnton, Pa., in place Erna R. Miles to be postmaster at Zavalla, Tex., Office be 4 of E. F. Miller, removed. came Presidential July 1, 1937. 1940 CONGRESSIONAL RECORD-SENATE 2591 VIRGINIA NEW YORK William A. White to be postmaster at Arrington, Va. Office Daniel F. Driscoll, Geneva. became Presidential July 1, 1939. Mary A. Cahill, Lynbrook. Bernice E. Utz to be postmaster at Barboursville, Va. Office Olivette L. Johnson, Rensselaer. became Presidential July 1, 1939. Harold M. Drury, Scarsdale. Daniel W. Buckley, Jr., to be postmaster at Clifton Station, Edward W. Wolf, Southampton. Va. Office become Presidential July 1, 1939. PENNSYLVANIA Bernard P. Nearhood to be postmaster at Jewell Ridge, Va., Elmer L. Leaphart, Rockwood. in place of H. H. Elswick, resigned. William F. Shipe to be postmaster at Middletown, Va., in VIRGINIA place of M. E. Kline, resigned. Benjamin H. Garrett, Ellerson. Lois Hurt to be postmaster at Tazewell, Va., in place of F. T. Witten, resigned. VIRGIN ISLANDS SENATE Adele Berg to be postmaster at Frederiksted, V. I., in place SATURDAY, MARCH 9, 1940 of Adele Berg. Incumbent's commission expired July 26, 1939. (Legislative day of Monday, March 4, 1940) WASHINGTON The Senate met at 12 o'clock meridian, on the expiration George Janssen to be postmaster at Bellingham, Wash., in of the recess. place of Vaughan Brown, resigned. The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the William C. Pearson to be postmaster at Ocean Park, Wash. following prayer: Office became Presidential July 1, ·1939. · WEST VIRGINIA Almighty God, whose compassions fail not and whose lov ing kindness reacheth unto the world's end: Help us day by Sally D. Lyon to be postmaster at Boomer, W.Va. Office day, under the direction of Thy wisdom, to ordain for the became Presidential July 1, 1938. governance of this Nation only such things as shall be pleas Price M. Bailey to be postmaster at East Beckley, W. Va. ing unto Thee. Let Thy fatherly hand be over our beloved Office became Presidential July 1, 1939. country with its manifold gifts of Thy bestowal. Where it is James T. Murphy to be postmaster at Grafton, W. Va., in corrupt, purify it; where it is in error, direct it; where in place of J. T. Murphy. Incumbent's commission expired anything it is amiss, reform it; where it is right, establish April 6, 1939. it; where it is in want, provide for it; where it is divided, re Charles H. Corman to be postmaster at Spring Hill, W.Va. unite it. All of which we ask in the name of Him who bade Office became Presidential July 1, 1939. us pray for the coming of Thy kingdom-Jesus Christ, our Joseph F. Graham to be postmaster at Tunnelton, W.Va., Lord. Amen. in place of J. F. Graham. Incumbent's commission expired August 27, 1939. THE JOURNAL WISCONSIN On request of Mr. BARKLEY, and by unanimous consent, the reading of the Journal of the proceedings of the calendar Jean A. Henning to be postmaster at Altoona, Wis., in day Friday, March 8, 1940, was dispensed with, and the place of R. P. Kielty, resigned. Journal was approved. Dale Leslie Waller to be postmaster at Boulder Junction, Wis. Office became Presidential July 1, 1938. CALL OF THE ROLL Oscar A. Peterson to be postmaster at Granton, Wis., in Mr. MINTON. I suggest the absence of a quorum. place of 0. A. Peterson. Incumbent's commission expired The VICE PRESIDENT. The clerk will call the roll. August 26, 1939. The legislative clerk called the roll, and the following Sen- Mabel A. Dunwiddie to be postmaster at Juda, Wis., in place ators answered to their names: · of M. A. Dunwiddie. Incumbent's commission expired Au- Adams Davis Holt Pepper Andrews Donahey Hughes Pittman gust 26, 1939. · Ashurst Downey Johnson, Calif. Reed Anna Metz to be postmaster at Little Chute, Wis., in place Austin Ellender Johnson, Colo. Reynolds of Anna Metz. Incumbent's commission expired August 27, Bailey Frazier La Follette Russell Bankhead George Lee Schwartz 1939. Barbour Gerry Lodge Schwellenbach John R. Bernard to be postmaster at Necedah, Wis., in Barkley Gibson Lucas Shipstead Bilbo Gillette McCarran Smith place of J. R. Bernard. Incumbent's commission expired Brown Glass McKellar Stewart August 14, 1939. Bulow Green McNary Thomas, Idaho Byrd Guffey Mead Thomas, Okla. Ethel E. McKnight to be postmaster at Oakfield, Wis., in Byrnes Gurney Miller Thomas, Utah place ofT. J. Burns, deceased. Capper Hale Minton Truman Chandler Harrison Murray Tydings Maude A. Whalen to be postmaster at Pelican Lake, Wis., Chavez Hatch Neely Vandenberg in place of M. A. Whalen. Incumbent's commission expired Clark, Idaho Hayden Norris Van Nuys August 27, 1939. Clark, Mo. Herring Nye Walsh Connally Hill O'Mahoney Wheeler Danaher Holman Overton White CONFIRMATIONS Mr. MINTON. I announce that the Senator from Wash Executive nominations confirmed by the Senate March 8 ington [Mr. BoNE] and the Senator from Arkansas [Mrs. (legislative day of March 4), 1940 CARAWAY] are absent from the Senate because of illness. POSTMASTERS The Senator from Nebraska [Mr. BURKE], the Senator from ILLINOIS Minnesota [Mr. LUNDEEN], the Senator from Connecticut [Mr. MALONEY], the Senator from Maryland [Mr. RADCLIFFE], the Aaron W. Eads, Arthur. Senator from Texas [Mr. SHEPPARD], the Senator from illinois James W. Duffy, Maywood. [Mr. SLATTERY], the Senator from New Jersey [Mr. Albert E. Frueh, Medora. SMATHERS], and the Senator from New York [Mr. WAGNER] Florence L. A. Welch, Oneida. are detained on important public business. NEW JERSEY The Senator from Utah [Mr. KING] is unavoidably detained. Mildred Davis, Cedarville. Mr. AUSTIN. I announced that the Senator from Wis Peter T. Grea, Harrington Park. consin [Mr. WILEY] is unavoidably absent because of illness. Leon P. Kays, Stanhope. The VICE PRESIDENT. Eighty Senators have answered Julia Neely Rumley, Towaco. to their names. A quorum is present.
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