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 , 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 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 vernor has been elected by Mr. CLARK of Missouri. Mr. President, I offer a further the people of the State, and I can see a reason for excepting amendment. In line 1 of page 5, after the numeral "(2) ", him. I can also see a reason for the second exception, "elec­ -I move to insert the words "duly elected." That is the amend­ tive heads of executive departments of any State or munici­ ment which I EXplained just a moment ago. pality." That is an entirely different thing from allowing a The PRESIDING OFFICER. The question is on agreeing to State machine to be built up by the persons included in excep­ the amendment offered by the Senator from Missouri to the tion (3), who are usually the main cogs in every State ma­ amendment reported by the committee. chine. To say that a man who is elected by the people of a The amendment to the amendment was agreed to. State shall have a right to appeal to the people of the State Mr. NEELY obtained the floor. whenever he sees fit is one _thing. To say that other officials Mr. BROWN. Mr. President, will the Semitor from West appointed by the Governor or members of the State machine Virginia yield to me? shall be permitted improperly to use Federal funds for the Mr. NEELY. I yield to the Senator from Michigan. purpose of perpetuating that machine is an entirely different Mr. BROWN. I ask that an amendment which I intend to thing. present as soon as the Senator from West Virginia concludes Mr. MINTON. Mr. President-- his remarks be read from the desk, if the Senator will permit Mr. CLARK of Missouri. I again yield to the S2nator from that to be done, so that the Senate may understand its Indiana. purport. Mr. MINTON. Then, as I understand, it is the Senator's The PRESIDING OFFICER. Without objection, the , position that he wants to strike out this provision because amendment will be stated for the information of the Senate. _ these people are not elected by the people? · The CHIEF CLERK. On page 4, line 21, after the word "em­ Mr. CLARK of Missouri. I say there is an essential differ­ ployee", it is proposed to strike out the remainder of the ence between those who are elected by the people and those sentence, and to substitute therefor the following: who are appointed. (2) and no person who is a stockholder or officer of a corporation Mr. MINTON. Then why does not the Senator move to benefiting in any manner whatsoever (a) by any tariff, excise tax, strike out the second provision? or quota limiting imports into the United Stat es, imposed by the Mr. CLARK of Missouri. I am going to offer an amend­ United St ates; (b) by a loan from the Reconstruction Finance Corporation or any other governmental agency; (c) by a contract ment to that ~ect i on in just a moment. We can dispose of with the United States, or any of its agencies or with any State, only one at a time. I intend to offer another amendment, to municipality, or other governmental subdivision which is financed insert at the beginning o .~ the second exception the words in whole or in part by loans or grant s made by the United St ates "duly elected." or by any Federal agency; ( 3) and no person who is a stockholder or officer of a corporation which has pending an application for refund Mr. MINTON. In my State the State highway commission­ of Federal income taxes, or a claim against the Unit ed States bef01·e ers are not elected. They are appointed. They are not con- either the Court of Claims or the Congress; and (4) no person 1940 CONGRESSIONAL RECORD-SENATE 2567 who is employed as a lobbyist or legislative representative or whose Avenue, Morgantown, W.Va. He is an honorable, intelligent principal business is that of appearing before the executive or legislative departments of the United States, shall take any active young man of excellent reputation who is now a student in part in political management or in political campaigns. No such the law school of the West Virginia University. person shall solicit or receive or be in any manner concerned in . His letter is as follows: soliciting or receiving any assessment, subscription, or contribution for any political purpose whatever. DEAR SENATOR NEELY: I note in this ~orning's paper that Sen­ ator LucAs, of Illinois, demanded proof that State political organ­ Mr. ASHURST. Mr. President, I ask for a roll call on that izations were collecting 2 percent or more of State employees' salaries amendment. for campaign purposes. I am therefore submitting some proof for you to display to the Senator: Mr. NEELY. Mr. President, a vote on that amendment 1. My appointment to the State employment service, December would not be in order at this time. 13, 1937. Mr. ASHURST. Very well. The PRESIDING OFFICER (Mr. CHANDLER in the chair). Mr. BARKLEY. In what department was the correspond­ The Chair understands that the Senator from Michigan is not ent employed? presenting the amendment at this time. Mr. NEELY. In the employment department. Mr. BROWN. I simply stated that I wanted the amend­ Mr. BARKLEY. In the unemployment insurance branch of ment read for the benefit of the Senate, so that it could con­ the service the Federal Government contributes 100 percent, sider it. I may point out that it would take care of Mr. not only of the unemployment insurance but of the expenses Weir, who, I understand, is to be the principal collector for of the administration. the Republican Party in the coming election and it would Mr. NEELY. The agency by which Mr. Murphy was em­ take care of a number of other gentlemen of that type. ployed was and is supported by the Federal Government. Mr. MINTON. Mr. President, will the Senator yield? He says: Mr. NEELY. I yield. Four of the receipts I obtained fr.om my immediate superior, Mr. MINTON. As I understood the amendment which the StuartS. ~biting, manager of the Grafton o~ce. I paid 1%. percent Senator from Michigan has had read, it is an attempt by the until November 1, 1938, and obtained receipts for each payment. Then the district supervisor, Fred Knapp, notified us orally that Federal Government to control the expenditure of the money. the amount had been hiked to 2 percant, and we were required to Mr. BROWN. Yes. pay the additional one-half percent on the entire year's salary, Mr. NEELY. Mr. President, the history of civilization is a ·plus 2 percent, for November and December 1938, in advance, in never-ending record of man's ceaseless battle against the in­ order to have it for use in the November election. · 3. January 1, 1939, I notified my superior that I did not intend . humanity, the greed, and the crime of his fellow men. With to continue the payments. In the latter part of that month I re­ . some degree of finality we win wars against floods and famines ceived notice that I was to be transferred to the Welch office at and pests and disease. But war against crime goes on· forever. the same salary, which would have meant a cut of about $60 a month to me because of the increased expense. I refused the Unfortunately for the bill and the substitute before the Sen­ transfer and asked Mr. McKenna about my standing on the State . ate, the most difficult of all offenses to eradicate are those merit list. (I am No. 15 of the State manager's list as the result of ~ that are spawned by corrupt politics. The most dangerous, the competitive examination held to obtain a list in 1937.) defiant, and irrepressible of all crime artificers and tort feasors His letter enclosed explains his attitude. Whiting is No. 42 or No. 43 on that list, but he was retained. He continued his are those who are clothed with the mantle of political in­ payments. fluence or the armor of official power. On May 23, 1939, I was released without other notice. ·From motives which all senatorial supporters of the bill 4. All membars of the State employment service were required , thoroughly understand, a few Governors and a number of to join the Jeffersonian Club, a statehouse inspired and dominated organization, headed by Isaiah Smith, now director of the budget. ' their appointees have for a long time carried on a vigorous I have my receipt for that also. campaign against the reform which the pending substitute is 5. I have the minutes of a meeting held in the Grafton office, designed to accomplish. prior to the August primary, 1938, in which Art Reynolds, chief deputy of the department of unemployment compensation, told It is my hope that our voices and our votes will, in this par­ us all that as members of the State organization we should go liamentary contest, be utilized in behalf of all the people and out and work for the nomination of candidates approved by the not for the perpetuation of the tyranny and extortion of Charleston crowd. He named them in all the counties in the statehouse machines which are infamously compelling de­ vicinity of Grafton. • * * I have the names of all those em­ ployees present at that meeting, as well as the exact · words of fenseless employees to contribute millions of dollars every Reynolds in addressing us. Needless to say, I refused those instruc­ year for the nomination and election of partisan or factional tions, and thereby "put myself on a spot." candidates by means that are notoriously corrupt. As a re­ * • * Those payments were obligatory; unless they were made Without objection the individual found · himself on the outside sult of practices which now prevail in a number of the States, looking in. those in the employment of the State government are prac­ You may use the enclosed material in any way you deem fit. tically disfranchised. By threats of the loss of their jobs (Signed} I. RAYMOND MURPHY. they are compelled to vote for the nomination and election of The exhibits with Mr. Murphy's letter are as follows: candidates whom they desire to oppose and are forced to con­ GRAFTON, W.VA., March 7, 1938. tribute to slush funds with which to assure the success of Received of I. Raymond Murphy $2.02, by check, for February the candidates who are on the statehouse slates. contribution to benefit fund. The net result of all this is that the State employee who is STUART S. WHITING, subject to this disgraceful compulsion is at once robbed of his Senior Interviewer. liberty, his money, his vote, and his self-respect. But is there MAY 2, 1938. available competent and conclusive evidence that these Received of Mr. Isaac Raymond Murphy the said sum of $2.02, offenses have been committed? April contribution to the State benefit fund. STUART s. WHITING, If you will generously lend me your eyes and your ears for Senior Interviewer. a little while, I shall not only prove but demonstrate to you by unimpeachable evidence that the crimes indicated are not A check dated July 8, 1938, for $2.02, drawn on the First only committed but that they are as common as daylight and National Bank of Philippi, W.Va., signed by I. R. Murphy, in dark in at least one State in the Union, and that there is a payment of his contribution to the benefit fund. The check present imperative necessity for comprehensive, drastic legis­ is endorsed on the back by this senior interviewer, Mr. lation by the Congress on the subject under consideration. Whiting. Let me now lay an infinitesimal part of the evidence before A similar check, dated the 6th day of September 1938, for you. If all available proof similar to that which will be sub­ $2.02, similarly payable and similarly endorsed. mitted were to be inserted in the RECORD, it would cost the Mr. Murphy's payments of money thus attested were the Government thousands of dollars to print it. Therefore, in result of extortion. Those higher up who were responsible view of the high degree of intelligence of the jury which for this "macing" ought to be in jail. Senators compose, evidence that is simply cumulative will be I indulge in. no criticism of Mr. Whiting. He simply obeyed rigidly excluded. Your attention is respectfully invited, first, the orders of his superiors who would have discharged him to a letter from Mr. I. Raymond Murphy, of 2001 University instantly if he J:lad faile<;l to execute their orders. 2568 CONGRESSIONAL RECORD-· .SENATE MARCH 8 Attention is invited to a letter which was sent to me by a to see that all amounts collected were carefully itemized and checked so the correct .amount was delivered each month. public officia1 whose name I withhold for his-protection.- Any It .was commonly understood. by all of us that the money was Senator, may in confidence, insp-ect this communication. It to be used for campaign purposes, and more particularly to nomi­ is dated February 18, 1940, and says: nate the slate of candidates in the primary favored and specifically .endorsed by the State administration. Prior to the primary we DEAR SENATOR NEELY: I am enclosing checks of Angela M. Fallon, received instructions concerning the State-wid_e candidates, as well who was employed for some time in the Williamson reemployment as local candidates, for the house of delegates and State s~nate. office, an agency financially supported by the Federal Government, and those instructions were passed on to the men out in the county. which represent 2 percent of her salary, collected for the State There is no question but that we paid the money into the State organization. C. S. Brown was office manager in Williamson at campaign fund to be used as the State administration wanted to the time. use it. The exhibits with this letter are as follows: And further this deponent sayeth not. A check dated July 1, 1938, for $5.55, signed "Angela M. W. L. MORRISON. Taken, acknowledged, and sworn to before me this the 28th day Fa-llon," payable to C. S. Brown, a State official, whose en­ of January 1940. dorsement appears on the back of the instrument. PAULS. MARTIN, Notary Public. A check dated July 30, 1938, for $5.55, payable to the same My commission exp.ires December 23, 1946. person and signed by the same woman, Angela M. Fallen, The attention of the Senate is invited to a statement which endorsed on the back by Mr. Brown. was made by Mr. J. Thomas Lane, district manager of the A check dated August 31, 1938, for $5.55, similarly signed, West Virginia State Employment Service. To the best of my payable to the same official, and duly endorsed by him. knowledge and belief his veracity is undoubted and his repu­ A check dated September 15, 1938, for $9.01, payable to the tation is without a stain. same State official or employee, C. S. Brown, signed by the same Angela M. Fallen, and endorsed on the back by Mr. STATEMENT BY J. THOMAS LANE_ FEBRUARY 20, 1940. Brown. I was appointed to the position of district manager of the West The last exhibit of this series is a check dated October 31, Virginia State Employment Service-an agency that is supported 1938, payable to tl:le order of C. S. Brown, for $10.20. It is by Federal funds-Clarksburg district, in November 1937, on the ·basis of a merit examination, in accordance with the standards signed by Angela M. Fallon, and. endorsed by Mr. Brown. prescribed by the United States Employment Service. Because of Every one of these checks represents an involuntary con-. the provision with reference . to tenure of ofilce contained in these tribution by a State employee to a political slush furid. · standards I assumed that the position to which I was appointed My next evidence is from Tucker County, W. Va. It con­ was nonpolitical. In the early _part of I;"ebruary 1938 Mr. C. P. McKenna, chief of sists of the following affidavit and exhibits: the West Virginia State Employment Service, in a coilference held STATE OF WEST VIRGINIA, in Charleston, advised that there was being set up a benefit fund County of Tucker, to wit: , _which had for its ·purpose the elimination of requesting contribu­ I, Walter Fallen, do solemnly swear that I was requested to con­ tions from time to time from the members of various office staffs. tribute 2 percent of my salary as an employee of the State from There was to be an organization set up on a district basis, with duly January until the general election. I :was employed as prison -guard ,elected officers _to be.. chosen from the _ employees--which :officers at the prison labor operations in Pendleton County at road camp would have control of the money contributed to the fund. i:t was No. 69 and 70. _ment_ioned that such a fund would be used to take care of any It was understood that this payment was mandatory in order to personal needs that might arise from time to time in the various hold a job. Checks were supposed to go to E. Dice Harper, and one offices of the district. of my checks bears his signature. This check .was made payable to . Upon my return to Clarksburg, .I contacted the branch offices E. Dice Harper. and was endorsed by W. W. Harper, agent. E. Dice under my supervision, namely, the offices at Weston, Grafton, and Harper's signature also appears above the name of W. W. Harper, Elkins, and explained the fund and its operation, and with this agent. purpose outlined, it was agreed that all members of the staff would To my personal knowledge, all the guards of the State paid into make . contributions. this fund, with ·the possible exception of one man, who I under- When I returned to Clarksburg, after contacting the branch offices, stand has been released or fired. - - - I received. a letter, da~ed Febru~y 14, 1938, which is Self_-expllina­ Further, I personally saw truck drivers and foremen, carpen­ tory, which changed the purpose of the fund as well as the method ters, and other claEsifications of State employees, make such pay­ in -which the money was to be handled, and to which changes I ments. I saw a member of the State road office at Harman come objected. . · . Rround and make these collections every month since about the 1st On Mr. McKenna's visit to Clarksburg early in March 1938, we of January. It is my understanding that this practice is to be discussed the matter further, at which time I advised him that I continued after the election. · was not willir:g to enter into such a plan whereby the money would (Signed} WALTER FALLEN. be contributed to the central office and the expenditure of such Taken, sworn to, and subscribed before me this 29th day of .funds goyerned by the head of the department. November 1938. At a later date I received a letter from Mr. McKenna asking me ALAN. G. !!OLTON, Notary Public. to state my objections in writing in order that he could defend my wishes, in that the Director had gone on record as to how the . The exhibits with this affidavit are two checks payable to money would be h,andled and the purpos-e for which it would be E. Dice. Harper, an officer or employee of the State road com­ spent. This letter was not answered by me, and several days later I received another letter with reference to the same subject. All mission, for $2 each. One is dated July 7, 1938, the other these letters are in the hands of Senator NEELY. Upon receipt of September 5, 1938. Both are signed by Mr. Fallen, and app~ar this letter, and in view of the fact that I was instructed officially to have been duly endorsed and utilized. in that the correspondence V{as on . official stationery and signed My next affidavit is from Barbour County, W. Va., and is by Mr. McKenna as Chief of the Employment Service, and said letters ·sent to me under the franking privilege, I advised Mr. in the following language: McKenna that there was no desire on my part, or that of my staff, STATE oF WEsT VmGINIA: to be in violation of the instructions of the Director. _ Barbour County, to wit: In October of 1938 we were advised by the field representative This day personally appeared before me, W. L. Morrison, of Union of the West Virginia State Employment Service that the schedule District, Barbour County, W.Va., who, being by me first duly sworn, set out in Mr. McKenna's original letter with reference to percent­ deposes and says: _ age of salary to be paid into this fund had been changed to a. My name is W. L. Morrison, and I live near Peel Tree, Barbour _straight 2 percent; this change to be retroactive to January 1, County, W. Va. I am a lifelong resident and native of Barbour -1938, and asked that we also pay in advance for November and County and a Democrat. In Augl,lSt 1933 I was appointed county December of 1938. road su pervisor of Barbour County by Ernest L. Bailey, then State I personally received the contributions and forwarded them to Road Commissioner of West Virginia under Gov. H . G. Kump. I Mr. McKenna by check. These checks are-in the hands of Senator occupied that position until 1937. As such supervisor I was re­ NEELY. There was in addition to these checks, $114.10 delivered Eponsible for the maintenance of all the roads in Barbour County, in cash to the field supervisor. subject to the orders of the district engineer at Weston, W. Va. It is evident, from the letters received as well as conversation of My crew of workers consisted chiefiy of truck drivers, machine a later date with Mr. McKenna, that the purpose of the fund was operators, and laborers, in addition to two foremen and some office political, and certainly in no way for the benefit of those persons help. who were making contributions. I definitely refused to pay into In the late fall of 1935 I was informed by my superiors in the the fund after June 1938, and at a later date I advised a repre­ Weston office that I was to collect of. each employee a regular sentative from the central office that I would not handle any money contribution out of his pay on each pay day, to be turned over which was for this purpose. to .the State campaign fund. All of the supervisory officials were I have no desire to be employed in an organization, purportedly so notified, and they p assed the word along to the men under them. on the basis of merit, and be subjected to a macing procedure Thereafter we all paid our regular amounts of 2 percent each month which has for its purpose the perpetuation in office of a certain of our wages to the district office at Weston. I was very careful faction of a major political party. I do not believe that the Social 1940 CONGRESSIONAL RECORD-SENATE- 2569 ' Security Board or the Bureau of Employment Security will tolerate payable to me as acting treasurer, when you have received the con­ such actions on the part of State officials who are in charge of. the tribution from the permanent appointees in your district. I do administration of certain phases of the act in State government; not think it wise to approach temporary appointees on this matter. and this statement is made in order that a representative of the An identical letter is being mailed to each district manager. people can bring the facts before the proper authority. Very truly yours, (Signed) C. P. McKENNA, Chief. The exhibits with this statement are: A check dated May 12, 1938, made by the Thomas Lane Co., Let me interrupt the flow of Mr. McKenna's interesting with the notation "Charge J. T. Lane," payable to C. P. correspondence long enough to observe that the system of McKenna, who at that time was chief of the West Virginia exempting those temporarily employed has long since been State Employment Service, 805 People's Bank Building, abandoned. Last Saturday in my home in Fairmont, in the Charleston, W.Va. The check calls for $46.30 and is endorsed presence of the United States marshal for the northern· dis­ by Mr. McKenna, the chief of this service. trict of West Virginia, a prominent public official informed A check dated June 13, 1938, for $43.53, similarly pay­ me that some time ago a man by the name of Frank able, and similarly endorsed on the back. White, of Preston County, worked extra for the State road A check dated July 19, 1938, for $43.54, similarly payable commission long enough to earn $3.50. As a condition prece­ and endorsed. dent to the delivery of this compensation to the employee, A check dated August 26, 1938, for $45.93, similarly signed he was required to contribute 2 percent of his earnings- and similarly endorsed. 7 cents-to the State political slush fund. The poor man A check dated February 25, 1939, payable to cash, for had but 2 cents to his name, and consequently borrowed 5 $140.80, signed by Mr. Lane and endorsed by Mr. McKenna, cents from a friend in order to pay the ransom necessary the chief of this service. to obtain his check. The Senate will be shocked to learn that Mr. McKenna We now proceed with Mr. McKenna's letter: unlawfully carried on his correspondence concerning this MARCH 14, 1938. extortion in frankable envelops. Each of his violations of [Personal and confidential.] Mr. J. THOMAS LANE, the franking privilege is punishable by a fine of $300. District Manager, West Virginia State Employment Service, The first of these letters is dated February 23, 1938. The Clarksburg Trust Building, Clarksburg, W. Va. franked envelope in which it was mailed bears the Charles­ DEAR MR. LANE: In a conference with Mr. Stump- ton post-office stamp, dated February 24, 1938. At the head Mr. Stump is the head of the service in West Virginia­ of the letter these words appear: your desire to solicit monthly contributions from the employees Afil.liated with United States Employment Service. in your district on a district basis was made known to him. I did not enumerate the objectionable features as you mentioned It says: on making the contribution on a state-wide basis for fear of possibly FEBRUARY 23, 1938. misquoting you. Mr. J. THOMAS LANE, For your information, Mr. Stump has gone on record that each District Manager, West Virginia State Employment Service, department in the State will only make one contribution for all Clarksburg Trust Building, Clarksburg, W. Va. employees in the department and that such contribution will be DEAR MR. LANE: After a conference with each district manager made by the department head (which in our case is Mr. Stump) to and the supervisory staff of the administrative office, it is unani­ the State chairman or State treasurer, and it is his desire that all mously agreed that there shall be created within our organization employees in his department follow through on this idea. a "benefit fund," composed of voluntary contributions for the Personally, I have no choice in the matter, but if you insist that many and varied needs of the permanent personnel. your district would prefer to solicit and hold your contributions on Mr. President, the word "voluntary," as used in this letter, a district basis, I will be glad to have you state your reasons there­ for, in order that I may be in position to defend your wishes. manifestly means voluntary in the sense in which an un­ Very truly yours, armed man in a dark alley, surrounded by gangsters with C. P. McKENNA, Chief. loaded pistols pointed at his head, responds to the ultimatum, That letter was mailed in Charleston, W. Va., on the 14th "Your money or your life." day of March 1938 in a franked envelope. Mr. McKenna continues: The next exhibit is as follows: The primary purpose, of course, is to eliminate the necessity of MARCH 23, 1938. solicitations from time to time, two of which are anticipated during [Personal and confidential.] the present calendar year. Mr. J. THOMAS LANE, District Manager, West Virginia State Employment Service, For what? First, for use in the primary against liberal Clarksburg Trust Building, ClarksbU?·g, W. va. Democratic candidates; and second, against the candidates of DEAR MR. LANE: You have not favored me with a reply to my con­ the historic opposition to the Democratic Party in November. fidential letter of March 14, and, inasmuch as this matter is up Tbere will be many secondary needs for such a fund; and it is again for discussion, and in order that I may make known your agreed that a committee of five be named to prepare and submit wishes, it is very necessary that you advise me whether or not you bylaws to govern; that at the next State-wide meeting of district insist that a district basis is more suitable to the personnel in managers an election of officers and directors be conducted for the your district or whether or not you can concur in the State-wide coming year. Persons elected shall name the purposes for and plan. govern all expenditures. Very truly yours, It is further agreed that it should start at once pending a perma­ (Signed) C. P. McKENNA, Chief. nent organization and that the following rates of contributio~. This letter was mailed in Charleston, W. Va.; on the 23d based on salary, should prevail: Percent day of March 1938 in a franked envelope. Under $1,000 per annum ___ ·------0 The last letter, and the one which practically admits a $1,000 to $1,499 per annum------1 violation of the law, is as follows: $1,500$3,000 andto $2,999------up per annum ______12 Yz FEBRUARY 18, 1940. Mr. J. THOMAS LANE, It is my suggestion that you discuss this fully with your branch 427 Duff Avenue, Clarksburg, W. Va. managers, who may in turn fully inform their staffs (individually) DEAR MR. LANE: Mr. Knapp reports to me that you were permitted and you will, of course, want to individually inform each of your to remove from the files some letters from this office addressed staff. It should not be necessary, but I elect to caution you that to you as manager, but marked "personal" and/ or "confidential." the real purpose behind this move should be most thoroughly im­ The report further states that you were under the impression parted to each participant and they should volunteer their contri­ that being so marked such letters rightfully belonged to you. bution based on the above scale. These letters were marked "personal," and some "confidential," For your convenience in handling, I request that oniy one remit­ for the reason that they were directed to your personal and confi­ tance be made from a district; this will necessitate your branch or dential attention; however, they were mailed to you under the branches remitting to you, and you will prepare a transmittal, franking privilege as official business pertaining to the Clarksburg showing the amount from each member of your staff, in order that office of the West Virginia State Employment Service. proper credit may be given to each person. Giving consideration to the above reasons, I trust you will find As previously advised, in order that we may be prepared for this it convenient to return these letters to Mr. Knapp. year-- Very truly yours, What year? The campaign year of 1'938, of course- C. P. MCKENNA, Chief. this fund should start with February salary. I hope you will give Those letters will not be returned. They will be delivered :thiS your attention prior to .March 1, and let me have your che~ to Hon. L. R. Via, United States district attorney for the 2570 CONGRESSIONAL RECORD-SENATE MARCH 8 southern district of West Virginia, a most eminent lawYer and stepchild of the unemployment compensation department, whosE! chief. was brazen enough to send letters to all branch-office man­ patriotic public official, to the end that the violations of the ages, on official stationery, over his official signature, directing those law relative to franking nonofficial mail may be given proper mauagers to collect 2 percent of the salary of each permanent consideration. employee every month. This case is complete with documents to prove every phase of the Mr. President, I next present a part of a letter from Mr. charges of extortion. But there is a great deal of additional evi­ D. B. Cain, of Parkersburg, W. Va., to me, which is dated dence, furnished from every section of the State, to show that the January 20, 1940. It" says: blackjacking is general in the State departments. There are affi­ I note with extreme interest in the Parkersburg News this morn­ davits from road workers testifying that they had been compelled ing quite a lengthy article in regards to your new bill governing to fork over or else. And these affidavits are substantiated by such practices as are now being practiced in West Virginia as re­ canceled checks. gards to extortion of money from State employees under the threat PRESENTED TO LEGISLATURE of losing their jobs. I am personally a victim of this vile practice, Charges of the blackjacking of public pay rollers were made in and as a result of same have been unemployed since the month of the closing days of the 1939 session of the legislature, officially in August 1938. the hall of the senate. These charges were supported by affidavits, I am enclosing herewith two checks which will substantiate the canceled checks, and other information. They were smothered in fact. committee. The statehouse-controlled legislature refused even to Dice Harper, working out of Charleston, covered the entire State look at the incontrovertible evidence. with all expenses paid, calling special meetings of employees during A bit of investigation by Federal agents will bring to light re­ working hours, warning them just what the result would be upon ceipts given workers by conscienceless collectors so imbued with failure to contribute to their vile and corrupt methods. their sense of power that they did not hesitate to commit to writ­ We have the extreme displeasure of being forcefully invited to ing the fact that they were the extortioners for the infamous some of these meetings, and were told that our district was far in 2-percent blackjack clubs. They figured they were beyond the the arrears as compared to the rest of the State, and could either law-for there is a law against such things r ight now on the State's come across or else, as our good Governor had so kindly favored us statute books. few with employment, and we owed it to him to contribute, and There are employees at the statehouse, for whom the taxpayers if we did not respect this extreme favor done us we possibly would are shelling out salaries, whose duties, according to reliable report, find ourselves among the unemployed again. consist simply of collecting the political assessments each month; of keeping the ledger on payments; and of seeing that those who Note this statement: don't pay don't stay on the pay roll. In my case and many others he proved himself a great forecaster All this evidence is on tap for the conviction of Senator LucAs of the future. and any other doubters. The surprising thing is that Senator NEELY has not prEsented the evidence before . • • • Many of his friehds have wondered how long he would be content My father is unable to walk, and his credit, as well as mine, is for the statehouse forces to continue building up their huge slush ruined. We have nearly lost everything we owned several times, and fund to use against him and his friends in the coming primary only sale of some property will save us yet. election. The danger was seen and brought to public attention by * • the C. I. 0. convention in Huntington last fall, which formally urged You are at liberty to use this letter in any way you see fit, as it the proper Federal authorities to make an investigation, and put contains nothing but absolute facts. a stop to the blackjacking practice. Wish you success with your aforesaid bill, not that it will do me Extortion does not stop at the statehouse pay rolls; it extends any good, but possibly help some other poor, knocked-about, down­ into the counties. Reports are common here that employees in the trodden man or woman. I remain, service of Kanawha County have been forced-rather recently-to Very truly yours, give up a whole month's salary at one time to satisfy the greed of D. B. CAIN, the machine. 1709 Oak Street. Most of them are resigned to the payment of tribute; they don't like it, but since that is the condition of their staying on the pay The exhibits accompanying this letter are, first, a check, roll, they come across like good little soldiers. Now and then one dated September 18, 1936, payable to W. H. Schimmall, a rebels-and another economic execution takes place. State employee, for $10, signed by D. B. Cain, and proper.Jy An affidavit from an employee of the State road commission, which gets. huge slices of Federal funds, testifies that in 1938 he · endorsed by Mr. Schimmall for deposit. had to contribute 2 percent of his monthly salary to the slush fund The second is a check dated September 25, 1936, to Mr. from January until the general election in November. Schimmall, signed· by Mr. Cain, calling for $7.50, and prop­ "It was understocd that this payment was mandatory in order erly endorsed. to hold a job," he sJ.ys under oath. "To my personal knowledge all the guards of the State--at prison-labor opera.ticns on the roads­ Mr. President, in order that there may be no doubt in the paid into this fund, with the possible exception of one man, who I mind of any Senator that the existence of a wilderness of understand has been released, or fired. evidence such as I have submitted is a matter of common "I personally saw truck drivers and foremen, carpenters, and other classifications of State employees make such payments. I knowledge in West Virginia, I now read an article by Mr. saw a member of the State road office at Harmon (Randolph Calvert L. Estill, an able West Virginia newspaper corre­ County) · come around and make these collections every month spondent. It appeared in a number of papers in the State since about the 1st of January.'' Senator LucAs demanded that Senator NEELY "show me some on or about the 19th day of January 1940. facts about these State machines, and I do not care whether they [From the Wheeling (W. Va.) Intelligencer] are in his State, whether they are in New York, in illinois, or in PLENTY OF PROOF OF ELECTION CORRUPTION FOR NEELY IN WEST VIR­ any other State." And· he wants the charges of extortion "proven GINIA-EviDENCE OF ExTORTION OF STATE PAY RoLLERS READY FOR by competent evidence before a committee." And "until those SENATE charges are proven," he said, "I cannot support the Senator's bill.'' (By Calvert L. Estill, Staff Correspondent) That indicates that proof of NEELY's charges will bring support to his bill. What is the Senator waiting for? CHAR~ToN, January 19.-If all that Senator NEELY needs to se­ cure enactment by Congress of his "little Hatch bill" is evidence Mr. President, it would serve no good purpose to encumber of corrupti<;m in State political machines and proof of the shame­ less blackjacking of employees on the public pay roll, the bill the RECORD with the great mass of additional evidence in my should be considered as good as passed. possession. But if any Senator now doubts that notorious Evidence of extortion of State pay rollers in West Virginia, at extortion of contributions from State employees in West Vir­ least, is plentiful, complete, and compelling. It exists in the form ginia for political purposes is the order of the day, and desires of affidavits, of photographic copies of letters from higher-ups to subordinates, ordering them to lay and collect the levies; of can­ additional proof of the fact he can see more than a bushel of celed checks; of photographic copies of letters from subordinates affidavits and exhibits similar to those now before the Senate to their bosses transmitting the monthly "take"; and of the same by paying a visit to my office for that purpose. kind of copies of post-office money-order receipts. Mr. President, I shall not offend by speaking of other States The proof already gathered here ought to be sufficient to convince even Senator ScoTT W. LucAs, Democrat, of Illi~ois, who locked in detail. But since the Senator from Illinois [Mr. LucAs] hcrns with Mr. NEELY in the Senate January 16 on the same measure. and I debated the subject matter of the bill and the sub­ Senator LucAs admitted that "I believe a lot of things occur in stitute in the Senate in January many letters have been re­ this country, but believing something and proving it are two dif­ ferent things." ceived from the Senator's State which charge, in effect, that While there is already in existence a considerable body of docu­ "macing" conditions in Illinois are similar to those in VJ'est mentary evidence proving the operation of a Two Percent Club in Virginia. Letters sent to me from several other States con­ this State, it would be possible to supplement that evidence with tain bitter complaints against extortion by political machines. plenty more if the proper Federal authorities could be stirred out of their apathy and persuaded to do a little spade work. May we not assume that, upon the evid:mce now before us TAPPING FEDERAL FUNDS that all Senators who supported the Hatch bill for the protec­ The most notorious-and complete--case here at the present time tion of the public and the Federal employees will favor simi­ concerns the blackjacking operations of the employment service, a ' Iar protection for those who are employed jointly by the Gov- 1940 CONGRESSIONAL RECORD-SENATE 2571 ernments of the Nation and the State? Therefore, let us Mr. HATCH. Let me say that with much of what the inquire whether the bill or the substitute, if enacted, will be Senator says_about the lack of teeth in the present measure, more likely to produce the desired result. I agree; but I desire to explain that the reason is not only Mr. REYNOLDS. Mr. President-- because of some lack of constitutional power, perhaps, in the The PRESIDING OFFICER. Does the Senator from West Federal Congress, but also because there are practical con­ Virginia yield to the Senator from North Carolina? siderations in regard to obtaining the passage of legislation. Mr. NEELY. I yield to the Senator from North Carolina. Mr. NEELY. Mr. Presider:t, I fully appreciate that fact, . Mr. REYNOLDS. I have listened with unusual interest to and the great work that the able Senator from New Mexico every word the Senator has said, with the exception of a has done. But I conceive it to be my duty to provide the moment ago when I was called to the cloakroom. The in­ Congress an opportunity to emancipate all the political slaves formation the Senator has provided has certainly been to my in the country by means of the substitute which I have pro­ mind appalling. I had not the slightest idea that any official posed. would have the effrontery or the gall, literally, to demand Mr. HATCH. Mr. President, will the Senator further of one of his constituents that he contribute in the wise the yield? Senator has so ably described. The PRESIDING OFFICER. Does the Senator from West I understood from what he said a moment ago that the Virginia further yield to the Senator from New Mexico? Senator has provided for our consideration a substitute for Mr. NEELY. I do. the Hatch bill. I do not know what that substitute is; but Mr. HATCH. The Senator has been here practically all I wish to say to the Senator if there is anything in the sub­ this week during the progress of the debate. stitute that will cover effectively anything that the Hatch He has observed some of the bitterness of the debate and raw does not cover, I am for it, for I am entirely in sympathy with everything the able Senator from the great State of some of the opposition which has developed against this, as I agree, more or less simple measure. What does he think West Virginia has said, a_nd I am particularly interested that the Senator himself has said it, because it has been my obser­ a measure like this would evoke in the way of opposition? vation, during the years I have had the honor of serving in Mr. NEELY. Mr. President, I have noted it, and I have this body, that at all times when the interests of the great with great admiration also noted the Senator's praiseworthy mass of the people have been involved the Senator from patience, in most trying circumstances, which I have not West Virginia has taken the floor in behalf of the citizens been quite able to emulate. He has rendered and is render­ of the country. ing service of incalculable value. The Senator is practicing I have been greatly inspired this afternoon by the Sen­ what the Apostle Paul preached concerning expediency, and ator's remarks, because he has impressed me with one fact I am not. And let me add that St. Paul's very best disciple in pe.rticularly, and that is that insofar as the millions residing the United States Senate is the eminent Senator from New in his State are concerned he is desirous of their being per­ Mexico [Mr. HATCH]. [Laughter.] mitted to give expression to their respective opinions without Let us now consider the substitute. Its own simple language bein·g driven to opinions with which they are not entirely is its best advocate. It is as follows: in accord. That after 60 days from the enactment of this act no officer or employee of the United States shall pay to any State or any agency May I ask the Senator whether his substitute would really or political subdivision of such State any moneys appropriated by make the bill stronger? the Congress for payment or allocation to the States or agencies or Mr. NEELY. Mr. President, first let me sincerely thank political subdivisions thereof, nor shall any such officer or employee the able Senator from North Carolina for his generous re­ order or approve the allocation or delivery to any State or agency or political subdivision of such State of any thing of value otherwise marks, and say of him, as Homer said of Ulysses: authorized to be delivered or allocated to States or agencies or Frequent and soft as falls the wintry snow, political subdivisions thereof, unless such State has in operation a Thus from his lips the copious periods flow. State civil-service plan currently approved by the United States Civil Service Commission (hereinafter referred to as "the Com- During the next 10 minutes the Senator will, in my opinion, mission") . · be_come satisfied that my proposed substitute will, if enacted, What must that plan· provide in order -to make the State accomplish all that he desires. eligible to obtain Federal funds? Let us briefly compare the bill with the substitute which I have proposed. A State civil-service plan must- . (1) provide that any person (other than an officer elected by With the greatest respect for the distinguished, patriotic direct vote of the people) employed in a civil capacity, any part of senior Senator from New Mexico [Mr. HATCH], who has been whose compensation is paid from any such moneys or from any a John the Baptist in the matter of purifying the national fund into which any such moneys are placed, or who is employed in connection with the expenditure or distribution of any such political slough of despond, I am impelled to observe that moneys, or whose duties are in connection with the use or distribu­ his bill in its present form has no incisors, no cuspids, no tion of any such thing of value, shall be selected solely upon the bicuspids, and no molars. More plainly and less euphemisti­ basis of merit after an open, competitive, fair, and practical cally speaking, it has no teeth. But it does propose a step in examination. · the right direction, and if nothing more effective becomes Second. The plan must provide- available, I shall enthusiastically support it. That no such person- For example, the bill provides no merit system for the selec­ tion of employees. Under it, politics-naked and unblush­ paid with Federal funds- ing-will largely if not exclusively determine one's chances to shall be promoted to a. more remunerative position unless he has performed the duties of the position from which he is promoted obtain a place on a State pay roll. with a sufficient degree of efficiency to warrant his promotion. For further example, attention is invited to the fact that (3) Provide that no such person shall be under any obligation the bill does not even attempt to restrain the extortion of to contribute to any fund for political purposes or to render any money from employees for political purposes. And this is one political service. of the most brazen and disgraceful political crimes of the age. Is there anyone in the Senate who will dare rise and con­ My proposed substitute, which is before you, is armed for tend that that section should not be written into the law? both offensive and defensive purposes like an antediluvian Fourth. The plan shall- saber-toothed tiger. If a legislative instrumentality of this Prohibit any such person from making any contribution to any sort were never needed, it is needed now to restrain the political fund and from taking any active part in any political voracious political cannibals who, in several of the States, are management or in any political campaign. (5) Provide that no such person shall be denied the right to without mercy or remorse devouring their helpless victims­ vote as he pleases and privately to express his opinions on all the State employees-every day in the year. political subjects; Mr. HATCH. Mr. President, will the Senator yield? (6) Provide that no such person shall be retained in such em­ The PRESIDING OFFICER. Does the Senator from West ployment if such person, or any other person who is the husband, wife, father, mother, brother, sister, child, father-in-law, mother­ Virginia yield to the Senator from New Mexico? in-law, brother-in-law, or sister-in-law of any such person, is an Mr. NEELY. I do. pfficer or membe~ ot anY. National, State, county.. district, city, or 2572 CONGRESSIONAL RECORD-SENATE MARCH 8 other political committee or any other organization performing ' within- its boundaries the political cannibalism which this substantially the same functions as any such committee; (7) Provide that any officer or employee of the State or any of measure is designed to outlaw. its agencies or political subdivisions who attempts or is a party to Mr. President, it would have been just as appropriate for any attempt to coerce the political action of any such person, to my friend to· have suggested to Prometheus to break his collect or exact a contribution to a fund for political purposes from any such person, or to remove any such person from his position or chains and rescue himself from the vulture that was devour­ demote or degrade him because of his failure to render any political ing. his liver. In present circumstances, an attempt to pass service or make any such contribution, shall, upon conviction a law through the Legislature of West Virginia to prevent the thereof by a court of competent jurisdiction, be removed from his "macing" of employees for political purposes would be the office or employment and be subject to imprisonment; (8) Provide for such methods of administration as are found by height of futility and the limit of nonsem:e. the Commission to be necessary for the efficient operation of the Mr. President, with the evidence which has been submitted plan; concerning the practices in West Virginia in mind, the Senate (9) Provide that the agency administering such plan shall make such reports, in such form and containing such information, as is requested to consider the following letter from the present the Commission may from time to time require, and comply with distinguished Governor of the State: such provisions as the Commission may from time to time find nec­ STATE OF WEST VIRGINIA, essary to assure the correctness and verification of such reports; EXECUTIVE DEPARTMENT, · _(10) Provide for the establishment by the agency administering Charleston, April 11, 1939. such plan, but only after open, competitive, fair, and practical ex­ Hon. M. M. NEELY, aminat ions, of registers of persons eligible to fill vacancies in the United States Senate, Washington, D. C. various classes of positions required by this act to be filled in DEAR SENATOR NEELY: There has just been presented to me a copy accordance with such plan, and provide that the officer or employee of S. 282, relating to civil service in all State departments through filling any such vacancy shall make his selection from among the which Federal funds are expended. three available persons on the register who rank highest in order ·. I am quite interested in selective civil service myself, and I have of merit. had some study mad3 of the possibilities of introducing such a pro­ That provision is identical with the requirements of exist- gram in our State government, but was unable to have the study completed in time for consideration by. the recent session of the ing civil-service law. legislature, and will likely request that this study be continued by Mr. DAVIS. Mr. President, will the Senator yield? the interim committee during the current recess of the legislature. Mr. NEELY. Certainly. On the other hand, I note that this bill, which was introduced by you on January 4, would by its terms make its provisions applicable Mr. DAVIS. Under the provision of the civil-service law commencing July 1, 1939. as it is at present, with reference to selection of postmasters, We have in the ·l'.eemployment services and in certain phases of the three highest on the list are certified to the Department the department of public assistance a character of selective service ~nd after the appointment is made, objection is filed against which has proven quite satisfactory and which has met with the approval of the cooperating Federal agencies. If, however, the selec­ one of the three who happens to be a Republican. That is tive service or civil service proposed by your bill, S. 282, should be going on at. this time, right here. in our midst. required by July 1, 1939, as a condition of continued cooperation Mr. NEELY. Mr. President, that .will not go on under the with the Federal Government, it is quite clear that we would be confronted by an extraordinary session of. the legislature, which I proposed _substitute if it b~comes a law. do not believe should be necessary at this time, or by the discon­ The State plan must al~o- tinuance of Federal funds for State and Federal cooperation. · · provide that the agency administering such plan shall be a com­ While I approve the principle of selective service and merit ad­ mission and that the members of such commission shall not all be vancement, I believe that, with respect to the State government, affiliated with the same political party. it should be a State program. (b) Nothing in this section shall be deemed to prohibit any Before you press this bill too far, I would like to urge that you such plan from providing that in the appointment of any such consider the responsibility which you would take in causing to be person a preferential allowance may be granted to him on account passed an act of this character, which would cut off the State which of his having served in the Army .or Navy of the United States. you have been elected to represent, from participation in any (c) The Commission shall approve any plan which fulfills the Federal funds or force an extraordinary session of the legislature conditions specified in subsection (a). of the State, without assurance as to the outcome of the session (d) In the case of any plan which has been approved by the if it should be called. ' C.ommission, if the Qommission, after reasonable notice and oppor­ I take the liberty of writing you, thinking that perhaps you have tunity for hearing to the State agency administering such plan, not thoroughly considered the implications of this bill or the situ­ finds that the plan has been so changed or is so administered that ation in which you might find yourself if you should sponsor to there is a failure to comply with any provision required by subsec­ passage a bill that would force an extraordinary session of the legis­ tion (a) to be included in such plan, the Commission shall with­ lature in the State which you represent or, in the alternative, deny draw its approval of such plan and shall notify the Governor of yqur constituents participation in Federal funds, for the provision· such State that its approval of such plan has been withdrawn. of which the citizens of West Virginia contribute in the payment Such plan sha11 not be again approved until the Commission finds of taxes. that there is no longer any such failure to comply. With best wishes and hoping to see you before long, I remain, (e) The Commission shall cause notice to be printed in the Fed­ Yours sincerely, eral Register of any action taken by it under the provisions of HoMER A. HoLT. subsections (c) and (d) of this section. P. S.-I enclose herewith copy of a letter that I am writing the SEc. 3. (a) The application of the provisions of the first section Governor of each of the States. of this act with respect to any State may be suspended until July H. A. H. 1, 1941- With this letter, Governor Holt sent me the following copy Mr. President, that provision was inserted for the purpose of a communication which speaks for itself: of saving certain States the expense of convening their legis­ STATE OF WEST VIRGINIA, latures in extraordinary session in order to qualify for funds ExECUTIVE DEPARTMENT, under this proposed law. Charleston, Apri l 11, 1939. SEc. 3. (a) The application of the provisions of the first section of Hon. JAMEs H. PRICE, thi.s act· with respect to any State may be suspended until July 1, Governor of Virginia, Richmond, Va. 1941, by order of the United St at es Civil Service Commission if such MY DEAR GovERNOR PRICE: My attention has just been called to Commission is satisfied, on the basis of evidence submitted to it by a bill pending before the National Congress designated S. 282 and or on behalf of such State, (1) that action by the legislature of such entitled "A bill to provide that State employees employed in con­ State is necessary for the establishment of a civil-service plan nection with prograins carried on with the assistance of the Fed­ which conforms with the provisions of section 2 (a), and (2) that eral Government be selected in accordance with a nonpolitical conditions in such State are such that there is in fact substantially civil-service plan," and requiring a State civil-service plan cur­ actual compliance with the requirements which are specified in rently approved by the Unit€d States Civil Service Commission. section 2 (a) to be contained in a civil-service plan. It is noted particularly that the effective date of this bill is July 1, 1939. . Mr. President, yesterday one of the most distinguished It is obvious that if this bill were passed, it would plunge the statesmen in this body, who is greatly admired and respected, legislatures of Inany States into extraordinary sessions. Though I am appreciative of some of the merits of civil service, said to me: if such plans are to be had for State administration, I believe they This matter should be dealt with by the States, and the State should be State plans, and I do not believe in the unnecessary legislatures alone should enact laws to redress wrongs such as we supervision of State activities by Federal agencies, such as this have discussed this afternoon. bill would provide. _I tho~g~t that I should bring this matter to your attention in His recommendation meant, in other words, that West Vir­ order that you might communicate with your Congressmen and ginia, for instance, should, by State legislation, prohibit Senators. 1940 CONGRESSIONAL RECORD-SENATE 2573 No doubt you will observe that this bill has been introduced by houses, bridges, athletic fields, playgrounds, and swimming Senator NEELY, of West Virginia. I have written Senator NEELY pools, clothe the naked, and feed the hungry, than to accept about the bill. I do not know what motive prompted him to in­ troduce it, but I have suggested to him that he consider the impli­ such aid upon the condition that State political machines cations of a bill which would force the legislature of the State should abandon their racketeering at the expense of State which he represents into an extraordinary session or place upon "employees. him the responsibility of denying his constituents participation in benefits of many Federal expenditures. I have listened with great interest to the eloquent argu­ Since in his several personal political campaigns Senator NEELY ments which have been made to the effect that the proposed has had no difficulty in receiving the support of his party members legislation, if passed, would invade the rights of the States. who are identified with the State administration in West Virginia, I rather assume that he must have introduced this bill on behalf That argument roared over this country in the .:ft.fties louder of one of his colleagues in the United States Senate rather than in than the cannon roared in the sixties which mowed down his own interest. countless ranks of the Blue and the Gray. Yours sincerely, Mr. WAGNER. Mr. President, will the Senator yield? H. A. H., Governor. Mr. NEELY. I yield. ·Mr. MILLER. Mr. President, will the Senator yield? Mr. WAGNER. I did not have the privilege-and it is a Mr. NEELY. I yield. privilege-to listen to the Senator's entire argument, because Mr. MILLER. I am quite sure that the distinguished Sen­ I was busy on other official business. However, I wonder ator may have answered the questions I wish to propound to whether the Senator in his main argument referred to the him, but I should like to ask him one or two questions to provisions of the Employment Service Act of 1933, and also clarify if I may, some ideas about the bill. Under the amend­ the Social Security Act, amendments to which I had the ment which the Senator is proposing in the nature of a sub­ honor of sponsoring last year. In those acts there is a pro­ stitute the allocation of funds to State agencies or to States vision that funds may be extended to the States only upon is predicated first upon the State adopting a civil-service law condition that the States set up a merit standard for the satisfactory to the United States Civil Service Commission. employees who are to be paid from any of the funds provided . Mr. NEELY. That is correct. by the Federal Government. The standards are about like Mr. MILLER. Then, second, the States would have until those proposed in the substitute which the Senator offers. As July 1, 1941, to adopt the civil-service plan. I recall, both those acts were passed by a practically unani­ Mr. NEELY. That is true. And as I have previously mous vote. I think the States have welcomed such aid. stated, I shall gladly accept an amendment further to extend Nobody then suggested that we were in any way invading the time because I have just been informed, for example, States' rights. Ori the contrary, such legislation was wel­ that the' Legislature of Kentucky will not meet until 1942. comed by the States ·as a great aid to the welfare of their It will be unnecessary for any· State of the Union to convene people. its legislature in extraordinary session to meet the require­ Mr. NEELY. Mr. President, I had not called attention to ments of this measure. the examples mentioned by the able Senator from New York. Mr. MILLER. Mr. President, on page 3, in subdivision 7, I thank him for the valuable contribution he has made to the the Senator undertakes to set out a method of enforcement debate. He is entirely correct in his implication that my sub­ of the State civil-serVice plan, with particular reference to stitute proposes simply an extension of the principle em­ collections of assessments that might be made against State bodied in both pieces of legislation to which he has referred. employees. Aside from that feature of the bill, aside from Mr. President, we heard the argument against the invasion other activities that might be engaged in by a State civil­ of the rights of the States when we considered the pure-food service employee, is there any other provision for enforcing law, the kidnaping law, the narcotic law, and innumerable the State plan of civil service other than that which is set other laws. out in subdivision on page 3? A great man once said that hell is paved with good inten­ Mr. NEELY. The plan submitted for the approval of the tions. The legislative highway which leads to this Capitol Commission must contain provisions for the punishment of has been crowded by those who have perpetually cried out offenders by removal from employment and imprisonment. against Federal reforms on the ground that they would in­ Mr. MILLER. The Senator from Arkansas is merely seek­ vade States' rights. ing to be helpful in an effort to clarify this proposition that Mr. REYNOLDS. Mr. President, will the Senator yield? the State plans would necessarily have to be flexible enough Mr. NEELY. I yield. to meet changing conditions, the flexibility being deter­ Mr. REYNOLDS. I did not know that the States had any mined by conditions as and when they happen, largely under rights left. I thought the Federal Government, by appro­ the supervision of the United States Civil Service Commission. priation, had bought all the States' rights. Is that correct? Mr. MINTON. Mr. President, will the Senator yield? Mr. NEELY. That is correct. Mr. NEELY. I yield. Mr. MILLER. I thank the Senator. Mr. MINTON. I think the purchase would be complete if Mr. REYNOLDS. Mr. President, will the Senator yield? the pending bill were passed. Mr. NEELY. I yield. Mr. NEELY. Mr. President, what we are really trying to Mr. REYNOLDS. In listening to the reading of the letter do is to prevent purchase-purchase of office-and every other written by the Governor of West Virginia, I rather inferred species of political rascality regardless of what the distin­ that he was suggesting that some chief executives of States guished Senator from Indiana says. No one, regardless of might refuse to accept money proffered to them by the his motives, can oppose this legislation, without, :in effect, Federal Government. taking his stand in favor of the continued macing of State Mr. NEELY. That is, refuse to accept it upon the condi­ employees. tions specified in the pending substitute for the bill. Mr. MINTON. Mr. President, will the Senator yield? Mr. REYNOLDS. That is the very point I wanted to Mr. NEELY. I yield. make. In other words, if I have made the proper assump­ Mr. MINTON. I think I shall vote for the Senator's sub­ .tion, he and those who maintain a similar attitude would stitute. much prefer to forego co.ntributions made by the Federal Mr. NEELY. I thank the Senator from Indiana more than ·Government in the interest of their States and the people of I can tell him. I now know why Shakespeare, in referring to those States, rather than give up the opportunity to whip them into line. man, said: .Mr. NEELY. Mr. President, the able Senator from North In action how like an angel! In apprehension how like a god! Carolina has stated a conclusion concerning which I shall Mr. MINTON. The Senator has referred to slush funds. make no comment. He would eliminate what he terms "slush fund" contributions Letters which I have received from various State officials by political employees to a political campaign fund either vol­ have convinced me that their authors would rather refuse untarily or under coercion. The Senator seeks to do away Federal aid with which to build roads, construct school­ with that activity. I ask the Senator in all fairness if he does LXXXVI--163 2574 CONGRESSIONAL RECORD-SENATE MARCH 8 not think we ought to give some consideration to the "boodle Then it is the brave man chooses, while the coward stands aside, bag" which Ernest Weir is carrying around with him and the Doubting in his abject spirit, till his Lord is crucified, slush fund which he expects to obtain in that manner. Has And the multitude make virtue of the faith they had denied. the Senator in mind anything looking to the corruption, which We waged a war in the last century to emancipate the reeks and smells to high heaven, from the "boodle bag" of slaves of another race. I call on you to help emancipate in the opposition party, which has commissioned Mr. Weir to go the twentieth century the political slaves of your own race. around and collect a slush fund for the opposition in the There are hundreds of thousands of them in the various election to come? States of the Union who are praying that we will throw out Mr. NEELY. Mr. President, the life line to them. They have been robbed of their political Heaven is not reached at a single bound; liberty, their money, their votes, and their self-respect. Let But we build the ladder by which we rise us by the adoption of the proposed substitute set these slaves From the lowly earth to the vaulted skies, free and make their tormentors amenable to law, and thus _ And we mount to its summit round by round. earn the everlasting gratitude of generations yet unborn. I am taking a hurdle at a time and am now endeavoring to Mr. ADAMS. Mr. President, will the Senator yield for an reach the first round in the ladder that leads to political inquiry? purity. The PRESIDING OFFICER. Does the Senator from West Mr. MINTON. Has not the Senator in contemplation the Virginia yield to the Senator from Colorado? round about which I am talking, the big slush fund, the Mr. NEELY. I yield. "boodle bag" of the "get-the-money boys"? The Senator Mr. ADAMS. In reading the proposed substitute of the will remember the campaign slogan which the Republicans Senator, I find there is a prohibition against the payment to had in 1920-"Get the money, boys." They are out now to any State agency of Federal money unless the State has "get-the-money boys"; and they have one of the "big boodle adopted a State civil-service plan. My inquiry is, Suppose boys" from Pennsylvania. The Senator from Pennsylvania there is in the State a civil-service plan applicable to a certain [Mr. DAVIS] knows him. I imagine he is about to rise and State agency, for instance, applicable to the State highway admit it. department, and there is no civil-service plan applied to some Mr. DAVIS. Mr. President, will the Senator yield? other agency; as I read the Senator's amendment, no money Mr. NEELY. I shall yield in a moment to my distin­ could b2 paid over to the State from the Federal . Treasury guished friend from Pennsylvania. unless every agency of the State was under civil service, even Mr. President, in this debate, I do not intend to be ground though not receiving Federal money. between the upper Democratic and the lower Republican Mr. NEELY. Mr. President, if the Senator has correctly millstones, or vice versa. I want votes for my substitute construed the language of the proposal-and I have great from both sides of the aisle. Let me inform my Democratic respect for his ability as a lawyer and legislator-! shall gladly friend from Indiana that the Republican Party in my State concur in an amendment to clarify the substitute to whatever helped to destroy itself, temporarily, by practicing some of extent may be necessary to make the withholding of funds the infamies I have condemned today. I desire to clean the apply only to that department of the State government which Democratic house in West Virginia, if possible, before my has failed to conform to the required civil-service plan. party suffers the same disaster which stripped the opposi­ Mr. ADAMS. I suggest that it might read something like tion of power 8 years ago. For the present I shall leave to the this: Republicans the task of sinking or saving themselves. Unless such State has in operation a State civil-service plan Mr. DAVIS. Mr. President, will the Senator yield? currently approved by the United States Civil Service Commission Mr. NEELY. I yield to the Senator from Pennsylvania. applicable to the agency or department to which the money is to Mr. DAVIS. I am sure the Senator will resent the "boodle be paid. bags" coming in from the millionaires who subscribed to the Mr. NEELY. I shall not object. Democratic Party. Mr. ADAMS. Then, I will offer that amendment at once. Mr. CONNALLY. Mr. President, I wish the Senator would The PRESIDING OFFICER. The Chair will state the par- give us the names of those individuals. liamentary situation. The question before the Senate is upon The PRESIDING OFFICER. The Senator from West Vir­ the adoption of the amendment offered by the Senator from ginia has the floor. Michigan [Mr. BROWN]. Mr. NEELY. Mr. President, I unqualifiedly condemn the Mr. BROWN. I suggest the absence of a quorum. use of money by anybody at any time, or in any place, for The PRESIDING OFFICER. The Clerk will call the roll. corrupt political purposes. The Chief Clerk called the roll, and the following Sena- Mr. DAVIS. Mr. Ptesident, will the Senator yield? tors answered to their names: Mr. NEELY. I yield. Adams Donahey La Follette Russell Mr.· DAVIS. I join with the Senator. Andrews Down'.)y Lee Schwartz Ashurst Ellender Lodge Schwellenbach Mr. NEELY. I thank the Senator from Pennsylvania for Austin Frazier Lucas Shipstead his joinder, and I hope we shall all be together when my sub­ Bailey Gerry McCarran Smith stitute comes to a final vcte, and that we shall all support it Bankhead Gibson McKellar Stewart Barbour Gillette McNary Taft to the tune of Onward, Christian Soldiers, Marching as to Barkley Green Maloney Thomas, Idaho War. Bilbo Guffey Mead Thomas, Okla. Brown Gurney Miller Thomas, Utah Extorting money from employees for corrupt political pur­ Bulow Hale Minton Tobey po~es is one of the most indefensible outrages of modern Byrd Harrison Murray Townsend Byrnes Hatch Neely Truman times. Personally I would rather be a ghoul and prowl Capper Hayden Nye Tydings through graveyards at midnight, when all the evil planets Chandler Herring O'Mahoney Vandenberg were in conjunction and the moon was in total eclipse, and Chavez Hill Overton VanNuys Clark, Idaho Holman Pepper Wagner rob the dead of their jewels and their gems than to attempt Clark, Mo. Holt Pittman Walsh to elect myself to office with money filched from poverty­ Connally Hughes Radcliffe Wheeler Danaher Johnson, Calif. Reed White stricken people who. are barely existing on the border line of Davis Johnson, Colo. Reynolds starvation. Mr. President-- The PRESIDING OFFICER. Eighty-three Senators have answered to their names. A quorum is present. once to every man and nation comes the moment to decide, In the strife of Truth with Falsehood, for the good or evil side; Mr. BROWN. Mr. President, I desire to speak on the Some great cause, God's new Messiah, offering each the bloom or amendment. When this amendment was read by the clerk, blight, many Senators asked me if I intended seriously to press it. I Parts the goats upon the left hand, and the sheep upon the right, And the choice goes by forever 'twixt that darkness and that certainly do intend to press it seriously, because I think it light. goes to a much m<>re vital subject of political corruption, . • .• • • . .. political manipulation, and political influence in the Govern- 1940 CONGRESSIONAL RECORD-SENATE 2575 ment of the United States than does the original Hatch Act Mr. CONNALLY. That is what I mean. Under the bill as or the amendment the Senator from New Mexico now pro­ it is now pending, would they not be prohibited from any poses. What he is hitting at are the $2 contributors; I am political activity? hitting at the $300,000 contributors to campa_ign funds. Mr. BROWN. I fear they would. Before I go into that subject I wish first to explain just Mr. HATCH. Mr. President, will the Senator yield to me? what the amendment proposes to do. It proposes to amend The PRESIDING OFFICER. Does the Senator from Michi- line 21, on page 4, and following matter of the pending Hatch gan yield to the Senator from New Mexico? amendment and, in substance, provides that no person who Mr. BROWN. I do. is a stockholder or an officer of a corporation benefiting in Mr. HATCH. What part of the bill does the Senator refer any manner whatsoever by any tariff, excise tax, or quota to when he speaks about the provisions of the present Hatch limiting imports into the United States; no stockholder of a bill relating to contributions? corporation which secures a loan from the Reconstruction Mr. BROWN. That is in the Hatch Act; the present law. Finance Corporation, or any other governmental agency; Mr. HATCH. To what persons does it relate? no stockholder of a corporation which has a contract with Mr. BROWN. It relates to W. P. A. workers, W. P. A. the United States or any of its agencies, and-following the supervisors, and various other employees of that kind. idea of the Hatch amendment-no stockholder of a corpora­ Mr. .. HATCH. Mr. President-- tion which has a contract with a State, municipality, or other Mr. BROWN. I do not yield right now. Let me say to governmental subdivision which is financed in whole or in the Senator that I think that provision in the original Hatch part by a loan or a grant made by the United States or by any Act was totally unnecessary, because we have had on the Federal a.gency-that is the exact language of the Hatch bill­ statute books· since 1876, I believe, a statute fully covering and no·person who is a stockholder or officer of a corporation that subject. which has pending before the Government of the United Mr. HATCH. Mr. President, now will the Senator yield? States an application for a tax refund or a claim before the The PRESIDING OFFICER. Does the Senator from Mich­ Claims Committee of the Senate or the House or before the igan further yield to the Senator from New Mexico? Court of Claims, shall take any active part in political man­ Mr. BROWN. Yes. agement or in political campaigns. Mr. HATCH. Does the section to which the Senator refers All that provision relates to stockholders and officers-not apply only to those paid out of relief funds? employees, as someone suggested to me, but stockholders and Mr. BROWN. I think it does; but I ask the Senator, who officers-of corporations which are in effect receiving bene­ is an expert on the subject, if there is not a general statute, fits from the Treasury of the United States. enacted in 1876, which was the subject of the Supreme Court Then I include another class of individuals-persons who decision to which the Senator from lllinois [Mr. LucAs] re­ are employed as lobbyists or legislative representatives, or ferred earlier in the day, which prohibits any solicitation of whose principal business is that of appearing before executive funds by a Senator, a Representative, or any other Govern­ or legislative departments of the Government. That is the ment official from any other Government official or employee. entire classification. I might include many others. Some Mr. HATCH. There is a general provision as to solicita­ further consideration by the committee might suggest to tion; but the difference is this: The pending bill was drawn them some other persons who are interested in the Treasury with the law in mind to which the Senator refers. That law of the United States, and in withdrawing funds therefrom. referred only to Government employees soliciting other Gov­ All of those persons are prohibited, just as the Hatch Act ernment employees. prohibits Government employees, from taking any active part Mr. BROWN. That is correct. in political management or in political campaigns. The Mr. HATCH. And, as I pointed . out on the floor of the prohibition is absolutely complete. Senate when the present law was under discussion, the solici­ Mr. CONNALLY. Mr. President-- tation of W. P. A. workers did not come from Federal em­ The PRESIDING OFFICER. Does the Senator from Mich­ ployees. It came from persons on the outside who were not igan yield to the Senator from Texas? covered by the act. Mr. BROWN. Let me finish summarizing the amendment. Mr. BROWN. After the two votes in which I agreed with But, furthermore, because of the facts I am going to bring the Senator from New Mexico in refusing to join a majority out later in my argument, I think we ought to attach to this of my Democratic colleagues to repeal section 9 of the Hatch measure the same prohibition against political contributions Act, I am sure the Senator does not for a moment think I am that is contained in the present Hatch Act-the prohibition now in favor of repealing that section. I am not. I have against political collections and contributions from Govern­ twice voted that way, both on the Miller amendment and on ment employees. the Adams amendment. No such person-that is, none of the stockholders of these Mr. HATCH. Mr. President, will the Senator yield? various corporations which have some beneficial connection . Mr. BROWN. Just let me finish my statement. I am in with the Government of the United States-shall solicit or agreement with the proposition that there should be no coer­ receive, or be in any manner concerned in soliciting or cion of persons upon relief. What I am now aiming at is an receiving, any assessment, subscription, or . contribution for entirely different evil, but connected with the same subject any political purpose whatsoever. matter. When the Senator is doing such a splendid job and I now yield to the Senator from Texas. has made such a thorough investigation of the law and the Mr. CONNALLY. Mr. President, I desire to ask the Sena­ constitutional provisions relating to this matter of campaign tor a question for information. He has followed this bill contributions and political influence of persons who deal with more closely than I have been able to do. the Government, who obtain benefits from the Government, Under the law, the members of the National Guard of the whether by way of tariff concessions, by way of tax refunds, various States are paid when they have camps, and are paid or any of the other things I have mentioned, the Senator so much a week for drills. The Federal Government fur­ ought to cover those evils just as he covers the $2 contributor nishes part of that money, probably a large part of it. who is on the Government pay roll. Mr. BROWN. It also supplies the equipment. Mr. HATCH. Mr. President, will the Senator yield? Mr. CONNALLY. Under the proposed legislation which is Mr. BROWN. I yield to the Senator from New Mexico. now pending, would not every National Guard member and Mr. HATCH. I did not mean to imply anything contrary to every officer of the National Guard be prohibited from any what the Senator from Michigan has stated. political activity? Mr. BROWN. The Senator admits what I have stated? Mr. BROWN. After a careful reading of the present Mr. HATCH. Certainly I do; and I want to clear up the amendment I am inclined to think that such National Guard statement that there was no necessity of passing that provi­ men, or members of State militia, whose pay is in part pro­ sion of the other law. vided by the Government of the United States, are included On the question to which the Senator has just referred within the prohibitions of the Hatch bill. when he said I should give some attention to these other 2576 CONGRESSIONAL RECORD-SENATE MARCH 8 things, I want him to know that those things have not by any Mr. BROWN. No; I want to hear what the Senator from means escaped my attention. They have not escaped the New Mexico has to say. I do not want to be required to attention of other Members of the Senate. They have not answer a question when I do not hear it. I now have the escaped the attention of the Committee on Privileges and information as to the Pew family: Elections. At this moment there is pending before that com­ Arthur E. Pew, of Bryn Mawr, Pa., contributed $15,775 to mittee a bill drawn by the Senator who sits next to the the Republican campaign fund in 1936. Senator from Michigan, the junior Senator from Rhode Ethel Pew, of Bryn Mawr, Pa., contributed $81,625. Island [Mr. GREEN], in which in a separate measure he strikes J. Howard Pew, of Ardmore, Pa., contributed $100,138.32. at the very thing to which the Senator is referring. There is J. N. Pew, of Ardmore, Pa., was a little more generous. He on my desk also a bill which strikes at the same thing. contributed $100,313.5L I make that statement merely to let the Senator know that Walter C. Pew, of Cynwyd, Pa., contributed $15,125. we are considering those things. The total was a sum slightly in excess of $310,000,. and it all Mr. BROWN. I am very much pleased to hear it; and I came from the Pew familY, the members of which are large shall be delighted if the Senator will agree to a recommittal stockholders in the Sun Oil Co., which is the beneficiary of of his bill or a delay of his bill until we can bring in the bill the tariff laws and the excise laws of the United States. of the Senator from Rhode Island-which I think is pal't of Mr. HATCH. Mr. President, will the Senator yield? I the same subject matter-and legislate in regard to the whole desire to answer a question the Senator from Michigan pro­ problem of campaign contributions from those who seek pounded about the highway employee, and to inform him favors at the hands of the Government of the United States, that there is nothing in the existing law which prevents a . those who are paid in any manner whatever out of the contribution by that highway employee in Michigan. Treasury of the United States, or those who benefit by the Mr. BROWN. I disagree with the Senator. Would it or tariff laws of the United States, who, in my judgment, have would it not be participation in politics for a highway em­ been the worst offenders in the matter of making great cam­ ployee of the State of Michigan, who would be subject to the paign contributions and engaging in politics. provisions of the bill, to make a contribution ·for political Mr. HATCH. Mr. President, will the Senator yield? purposes? Mr. BROWN. I yield. Mr. HATCH. It is not. Mr. HATCH. In ·reply to what the Senator says, mani­ Mr. BROWN. I disagree. festly I cannot agree to his proposal. It is well known that Mr. HA'I'CH. I wish to tell the Senator why it is not. this particular measure has been considered by the Committee Mr. BROWN. What greater political activity could there on Privileges and Elections. It was announced at the last be? session of the Congress that this identical measure would be Mr. HATCH. May I explain to the Senator why I make introduced, and no person has appeared before the committee that statement? and made a single suggestion along the lines the Senator sug­ Mr. BROWN. Certainly; I should be glad to be informed gests today; I cannot agree to any such proposal as that. about it. Mr. BROWN. Let me say to the Senator that the Hatch Mr. HATCH. This is a rule of the Civil Service Commis­ amendments may be enacted. So far the Senator has been sion-- very successful. If the measure does pass, it will be because Mr. BROWN. I do not care about any rules of the Civil 23 Republicans in a solid phalanx stand by his bill. I am not Service Commission. I am responsible for my part in the so sanguine that 23 Republicans will stand in a solid phalanx enactment of the statute. But the Senator may proceed. back of the bill about which the Senator tells me-the bill Mr. HATCH. Under the identical rules of the Civil Serv­ the junior Senator from Rhode Island [Mr. GREEN] has in­ ice Commission for more than 50 years it has been announced troduced-covering the matter of campaign contributions and held that civil-service employees could make voluntary from the beneficiaries of the Treasury by way of tariff grants, contributions. There is no doubt about that. tax refunds, and the other items I nave detailed. Mr. BROWN. The Senator certainly has a different idea I would much prefer if we would put both propositions in from mine. The Senator from Texas was discussing this one bill, because they cover the same subject. I want to see subject in the cloakroom a while ago. I, as he, received· a bill passed containing the essentials of my amendment, but several voluntary contributions from postmasters when I I am afraid it will not pass if we have to depend on the 23 was a Member of the House of Representatives. I took every Republicans on the other side to vote for that kind of a bill. check and every dollar and sent it back. Several Senators rose. Mr. HATCH. That is covered by another statute. Mr. BROWN. Before I yield I wish to say something Mr. CLARK of Missouri. That is specifically prohibited. further. Why do I make the statement about not being able Mr. BROWN. I am not referring only to the Hatch law; to pass the bill? For the very good reasons I am about to I am discussing contributions made by the Pew family and outline. If my amendment were agreed to, John D. Rocke­ contributions which could be made by Government employees. feller could not contribute $150,000 to the Republican na­ Mr. HATCH. That still does not apply to the employee in tional campaign fund in 1940, as he did in 1936. Several parties by the name of Pew in the State of Pennsyl­ Michigan. vania could not contribute $310,000 to the Republican na­ Mr. BROWN. I certainly disagree with the Senator's con­ tional campaign fund in 1940, as they did in 1936, because struction of his own statute when he says that a political the Sun Oil Co., which is largely controlled by the Pew family contribution made for the purpose of promoting the interests is a beneficiary of an excise tax which has been levied by the of a political party is not participation in politics. United States upon oil. Mr. HATCH. That has been the ruling in this country for Mr. GUFFEY. Mr. President, will the Senator yield? exactly 50 years, and has not been departed from, the lan­ Mr. BROWN. Under my amendment the Pew stockholders guage being exactly like the language in the measure before in Sun Oil could not make the contribution because they us. would be prohibited, just as the $2 contributor in the high­ Mr. BROWN. Let me put the question in a slightly differ­ way department of the State of Michigan will be prohibited, ent way, if the Senator insists. Is it any worse for the post­ by the existing law. I yield to the Senator from Pennsyl­ master in Clovis, N.Mex., to make a $2 contribution to the vania. Democratic fund than it is for the Pew family to make a Mr. GUFFEY. Has the Senator an itemized statement of $310,000 contribution to the Republican national campaign the contribution of $310,000 by the Pew family? fund? Mr. BROWN. Yes; I have. Mr. HATCH. Will the Senator yield? Mr. GUFFEY. Will the Senator put it in the RECORD? Mr. BROWN. I yield. Mr. BROWN. Yes. Mr. HATCH. I wish to say to the Senator that he cannot Mr. HATCH. Will the Senator yield to me while he is say anything too much in condemnation of political contri­ looking for the data? butions, like what he is saying now, to which I will not agree. 1940 CONGRESSIONAL RECORD-SENATE 2577 Mr. BROWN. Then the Senator would better agree to my to study this thing from the angle -to which I have been amendment so that we can get it enacted into law; with the referring. · We are ·asked to leave it· to the Clvil Service· Com­ help of Senators on the other side. mission to say-just what is political lib~rty and what is not Mr. HATCH. I can give the Senator greater evidence than political liberty in this country. he has as to political contributions-- Mr. Pres!dent, to me it is a serious situation. our liberty Mr. BROWN. I am not nearly through with that subject. is a sacred thing, and this measure flies right in the face I merely yielded to an interruption. of the liberty that has been. ours for 150 years. Mr. LUCAS. Mr. President, will the Senator from Michi­ Ours is a great country, and I was about to say that every gan yield? move, at least a great many moves we have made since I Mr. BROWN. I yield to the Senator from Illinois. have been a Member of this body, have been always toward Mr. LUCAS. The colloquy between the Senator from more and more concentration of Government here in Wash~ Michigan and the Senator from New Mexico brings to light ington, D. C. The Senator from Connecticut stated yester­ once more section 15 of the bill, which I attempted to argue day that he is not so disturbed because of what the people may in my feeble way on Tuesday of this week, with respect to be thinking about the Hatch Act, as the Senator who now the delegation of power which the legislative branch of the occupies the chair [Mr. CHANDLER in the chair] says he is. Government is now asked to give to the executive branch of The people are thinking about that act and many other the Government under the proposed legislation. things, but the Senator from Connecticut placed his finger Under the bill, as laid down at the present time, notwith­ on the real key to the situation; that is, the continued cen~ standing what may be the rules of the Civil Service Commis­ tralization of power in Washingon, D. C., gradually sweeping sion at this particular moment, the Civil Service Commission away the rights of the people in my State, and in every other is designated to define what is and what is not political State of the Union. activity throughout every State in the United States of That is the serious thing, and I undertake to say that America, where the class of individuals affected is designated under this bill the Civil Service Commission would have the under this particular measure. That is the very thing which complete power and authority, as the Senator from Michigan I think ought to be corrected. It seems to me that it is one has suggested, if a political worker-the $2 rn,an, who seems of the real evils of this piece of proposed legislation. to be the fellow we want to hit all the time-makes a con- In other words, under this bill we would delegate full power . tribution, to include such a contribution in its definition of and authority to the Civil Service Commission here in Wash­ what is political activity. ington, D. C., without laying down any rules, any standards, Mr. BROWN. Mr. President, I thank the Senator from or any safeguards, to say what is political activity and what Illinois, and if I have done nothing else this afternoon than is not political campaign, and what is political management, to provoke that splendid speech, I feel I have performed a real and how you can interfere and how you cannot interfere in service for the Senate. the election of a public official in my State. That is one of Mr. MINTON. Mr. President-- •the main ·reasons why I· have sought continually, in discussing • The PRESIDING OFFICER. · Does the Senator from this matter with Members of the Senate, to have the bill sent · Michigan yield to the Senator from Indiana? back to the Committee on Privlleges and Elections for the Mr. BROWN. I shall take a moment before I yield to the purpose of having that committee lay down safeguards to Senator from Indiana, and then I will yield to him. protect the sacred and fundamental rights of every American Mr. President, I wish to say that, so far as the State of citizen who believes in political liberty, as I do. Michigan is concerned, the responsibility for writing a stat­ I wish to say to the. Senate that I feel deeply about this ute which clearly defines what "political activity" is, rests matter. If it were not for the type and form of government upon me and my colleagues in the Congress. It rests upon under which I live at the present time, I could not occupy a the Congress of the United States, and it should not be dele­ seat in the United States Senate as I do, because of my early gated to a civil service commission, which can change its surroundings ~nd the hardships I :Qad to endure. Had I been rules from day to day without any let or say on the part of living under some government in existence at the present the Congress of the United States. Section 15 is an unlawful time, had I been under some dictatorship or military despot, delegation of authority. And why is it delegated? It is dele­ of which the world is full at this very moment, I perhaps gated because the Senator from New Mexico and the other would be reading at night with the curtains closed. Perhaps members of this ccmmittee have found the task of defining I would be out on some highway, or in some concentration the term "political activity" to be too great for them, and camp, or in some other place that is unknown to the American they want to pass it on to the Civil Service Commission. It citizen. may be that they think they cannot pass this measure if they I say that this particular measure strikes at the very foun­ ·clearly define what political activity is. dation and life of that political ·liberty. If we are to permit Let me give the Senate a practical-example. Suppose that the Civil Service Commission, or any other bureaucratic board legislative employees were under the prohibition of this act here in Washington, D. C., to define the political activities of just as the executive employees are. Let us take the example every individual in the United States who is affected by the of the Senator from Ohio [Mr. TAFT], who is now present bill, I say that we are going a long way, we are striking at the in the Chamber. He is actively and openly a candidate for very root, at the very heart of democratic government in this President of the United States. Someone said the other night country; and I cannot imagine the Senate doing it. I .do not that he went down to the railroad station and said, "I want believe yet that the Senate will do it. I believe that the Sen­ a tick-et," and the ticket agent said, "Where to?" He said, ate will yet find some way to lay down proper safeguards, to "Oh, anywhere. I have got business all over." [Laughter.] tell the Civil Service Commission what they should do in If the Senator's cleric is engaged at the present time, long connection with defining political liberty instead of leaving before a political convention is held, in making dates for the it to this board. Senator, in answering queries as to when the Senator can Mr. President, if the Senator will pardon me further, we go to Delaware, Ohio, or Detroit, Mich., or Augusta, Maine, are presumed to be the best political experts in the world. in order to make a political speech in behalf of his candi­ All our lives we have been schooled in politics. Here we are, dacy for the Presidency of the United States, or, to speak more trained in the science and art of government, Senators of properly, in the interest of his nomination for the Presidency the United States, who are presumed to know something of the United States on the Republican ticket, is the Senator's about political management and political campaigns, the clerk engaged in political activity or is he not? one thing in wnich we are experts, if we are expert in any­ If we apply that to the candidate of the Senator from thing. True it is that we delegate power, under prop~r safe­ Indiana [Mr. MINTON] on my left, who is an officer in the guards, to different bureaus here which have certain peculiar executive department, and if his clerk is making dates for technical knowledge, and we ask them to make definitions, the appearance of Governor McNutt in various parts of the but we are asked to "pass the buck" under the pending bill. country, is that clerk engaged in political activity? \Vhen We have not the courage to senc;I it _back to the committee , does political activity start? 2578 CONGRESSIONAL RECORD-SENATE MARCH 8 The Senator from Florida [Mr. PEPPER] referred to the fact Mr. GUFFEY. I should like to have the Senator read those that Mr. Rogge, the Assistant Attorney General, who has contributions. been in Louisiana and has been prominently mentioned by Mr. BROWN. I am informed by the Senator from New the newspapers of Louisiana since his success there in de­ Mexico [Mr. HATCH] that the total contributions were $600,- feating, apparently, the then existing Democratic organiza­ 000. Felix A. Du Pont, Wilmington, $134,500. tion, is giving out statements probably laudatory of himself, Mr. HATCH. It has been some months since I checked and his associates are doing the same thing, and it is said the names of those in the Du Pont family who. contributed­ by them that he should be the next nominee of the Demo­ ! do not know who they are-but I took the name "Du Pont," cratic Party for the Presidency of the United States. In and found that the total sum contributed by them was a little furthering that idea, is he, under the terms of this bill, en­ over $600,000, as I recall. gaged in a political activity in his own behalf? Mr. BROWN. I will read it in detail. I fully agree with the Senator from Illinois. There is no Felix A. Du Pont, Wilmington, $134,500. definition in this measure of what constitutes political activity, A. M. L. Du Pont, of Wilmington, Del., $3,000. and there should be such a definition before the bill leaves the Mrs. C. DuPont, of Wilmington, Del., $5,250. Archibald Du Pont, of Wilmington, Del., $1,000. Halls of the Congress of the United States, because we are Eugene Du Pont, $3,000. responsible for legislation and the Civil Service Commission Henry B. Du Pont, $25,000. is not. !renee Du Pont, $121,230. I am unwilling to delegate that responsibility to them, and Mrs. I. Du Pont, $5,000. Lammot Du Pont, $183,500. that is just what we do in this bill. Pierre S. Du Pont, $111,9SO. I now yield to the Senator from Indiana. S. Hallack Du Pont, $5,500. Mr. MINTON. Mr. President, I do not want the Senator William Du Pont, Jr., $21,000. to get away from this Pew family contribution. Their contributions, of course, were made to the Repub­ Mr. BROWN. I still have it before me. lican Party. Mr. MINTON. We have had entirely too much attention Mr. GUFFEY. Has the Senator any record of a contri­ paid to $2 men this afternoon. All during the debate we have bution from Governor Buck, of Delaware? He married a been talking about the $2 man and the "two bit" man. I Du Pont. We might as well get that connection, so as to want to talk about the $300,000 family. First, I want to ask see what the whole family contributed. the Senator from what document he was reading the figures Mr. BROWN. I do not find Governor Buck's name in the about the Pew family? list. Mr. BROWN. I got them from the investigation of cam­ Mr. MINTON. Mr. President, will the Senator yield? paign expenditures in 1936, report of the special committee, Mr. BROWN. I yield. which, as I recall, was headed by the senior Senator from Texas [Mr. SHEPPARD]. Mr. MINTON. I have roughly calculated the small change Mr. CONNALLY. Mr. President, the Senator from Texas put into the Republican campaign fund by the Du Pants, [Mr. SHEPPARD] was chairman in 1938. and counting merely the larger figures I find that the Senator from New Mexico is quite right. The amount was $617,- Mr. BROWN. I find the committee was composed of the 000,000, without counting the small change. [Laughter.] then Senator Lonergan, of Connecticut; Senator Minton, of Mr. President, I mean $617,000. Indiana; Senator Schwellenbach, of Washington; Senator Austin, of Vermont; and Senator Frazier, of North Dakota. Mr. BROWN. Mr. President, without giving any more Mr. MINTON. What I want to direct the Senator's atten­ figures, and merely selecting names at random from the more tion to is the present well-known activity of the Pew family prominent of what may be called the "60 Families," which in Pennsylvania, and their large contribution in the last I think was the title of a hook that has been the subject of campaign to the Republican campaign fund. At that time, discussion here, we find J.P. Morgan contributed $55,000, with in 1938, the Democrats were in power in Pennsylvania, and several contributions from other members of the family. The were in power in the Nation, and all those condemned by the Armours, of Chicago, contributed. And I notice a very dis­ Hatch Act-the pernicious politicians; the pernicious people tinguished citizen of the city of Washington-at least his who are politically active and who hold political jobs-were business is here in the city of Washington-Mr. Auchincloss, all under the influence of this Democratic machine in the . $24,000. state and in the Nation. Notwithstanding that fact, the Pew Jules S. Bache, $7,800. machine beat them. I wish to ask the Senator from Michi­ Now I come to a name with which we are all familiar, which gan if he does not think they did it with money? has a particular reference to this controversy, because every­ Mr. BROWN. They certainly did. They had plenty of it one knows that the two big banks of the city of New York and they seemed to be very generous with it. are intimately connected with the Cuban sugar industry; Mr. MINTON. Should we not give some consideration on that they are the beneficiaries of the quota law and the import the floor of the Senate to the real corruption in this country, restrictions that are placed upon the importation of sugar represented by "boodle boys," such as Mr. Pew and Ernest from the East Indies, from the Virgin Islands, from Peru, Weir, and men of that kind, instead of talking about the from Brazil, and are even responsible for the limitations that "two bit" fellows and $2 men? are placed upon our own production in Louisiana, in Florida, Mr. CONNALLY. Mr. President, is it the Senator's theory in Colorado, in Michigan, in Ohio, and throughout the that the Republicans on the other side of the Chamber believe country. that if they can get the $300,000 contributors they will not · Mr. George F. Baker, president of the First National Bank need the $2 contributors? of the City of New York, contributed $61,000 to the Republican Mr. BROWN. I think so. national campaign fund. Mr. MINTON. Oh, yes; with such contributions they Are we to prevent the little fellow in the Department of would have the Democrats out, and they would be in power Agriculture, who perhaps owes his job to the fact that he in November. wants to give his services to the Government of the United Mr. GUFFEY. Mr. President, will the Senator yield? · States, from enjoying a similar privilege? The Senator from Mr. BROWN. I yield. New Mexico [Mr. HATCH], I think because of intense applica­ Mr. GUFFEY. Does that report contain the contributions tion to this problem, seems to assume that every man who is made by the royal family of Delaware, the Du Pants? connected with the Government of the United States is so Mr. BROWN. Yes. connected because of political patronage because he could not Mr. GUFFEY. Their contributions are in much larger get a job anywhere else. amount, and I should like to have them read into the RECORD. There are thousands of employees in the Government serv­ Mr. HATCH. A little more than $600,000. ice who are giving their services to the Government of the Mr. GUFFEY. Yes; more than $600,000. United States because they would rather give them to the Mr. BROWN. I will read them in a little more detaiL :United States than to a private corporation at a sacrifice. 1940 _CONGRESSIONAL RECORD-SENATE 2579 The Senator knows that many men came down from the I will say to the Senator from Massachusetts that I am not city of New York who had jobs or who were partners in legal a new 1932 Democrat. I have been a Democrat ever since firms in which they were obtaining incomes far above any I was able to think. I was first elected to office on the Demo­ income that could be paid by the United States, and gave their cratic ticket in i914, when I was 25 years old. I believe that services to the Government of the United States at what to we ought to preserve States' rights, and I am fundamentally them is a paltry sum of money. · opposed to an extension of the Hatch Act which would in­ 'l"he Senator seems to think that because a man takes a fringe on States' rights. In my judgment, although I do not Government job there is something about it that should pre­ believe it is in conflict With the Constitution of the United vent him, no matter how honest his connection with the States so far as its language is concerned, it is certainly con­ Government may be, no matter how earnest he may be in his trary to the spirit of the Constitution. My objection, there­ desire to help the political party in whose principles he be­ fore, is to ~he new Hatch bill and not to the old Hatch Act. lieves, from contributing a cent; but that the heads of great Mr. WALSH. I am pleased to have the Senator's distinc­ banks in the city of New York, who are largely interested, tion, because I thought he was critical of the whole funda- through their stockholders, in the sugar industry in the island mental policy. · of Cuba, should be permitted as individuals to make tre­ Mr. BROWN. No. mendous contributions to the Republican or Democratic Mr. WALSH. I invite attention to the fact that for years campaign funds. the principle of the bill has been applicable to postal em­ Mr. President, I cannot see the justice in the situation when ployees. By regulations of the Post Office Department, postal ·we put one alongside the other, and I see no sense whatever employees are forbidden to participate in political campaigns. in dividing the question. We should legislate upon the whole Mr. BROWN. Let me say to the Senator in that connec­ problem of political activity at one time. tion that all such employees are entitled to the benefits of Why do I say that? I am now talking particularly to the . the civil-service rules. They are entitled to a reasonable per­ ·lawyers in the Senate. The reason why the Senator from manency of employment. . On the other hand, the Govern­ New Mexico prohibits contributions on the part of employees ment of the United States can give no permanency of em­ of the Federal Government, or on the part ot employees of ployment to those whom we now seek to reach, because they the State governments whose salaries are in some manner are hired by State officers and not by Federal officers, and contributed to by Federal funds, is because they receive a we cannot legislate to make the State employ a certain indi­ benefit from the Government of the United -States, because vidual. .they receive their pay from the United States, because they Mr. WALSH. The Senator makes a distinction which is gain financially by reason of their connection with the United a proper one and which should be given very careful con­ States, or-and there is one other possible basis-because sideration. ·their desire to hold their jobs will cause them to work for I wish also to call attention to the fact that I remember the party which has put them in office, and because they are very distinctly that when the Democrats came into power in subject to undue influence or coercion on the part of their 1932 a number of men seeking post offices under the Demo­ .superiors. cratic administration .in my State-and very properly-made Let us apply the same test to the-National City Bank or complaints that certain postmasters had shown pernicious ·the First National Bank, or their large stockholders. Why . political activity, and asked that their 4-year term of office do they make contributions to the Republican national cam­ be canceled. My State was honeycombed from one end to paign fund? It is because they, like the $2 clerk, receive a the other by Democrats seeking post offices; but because of benefit by reason of certain excise taxes or import quotas, the administration of the Post Office regulations, and not established by what? By the laws of the United States. Are because there was any virtue in the individuals, I think in -they interested in such matters? Have -we ever had a hear­ only two instances was the slightest evidence available that ing on tariffs before the Finance Committee of the Senate in ·Republican postmasters had been guilty of participation in which we have not had representatives of big business pro­ politics. I think in only two instances was a successful case testing against a cut in the tariffs, or demanding an increase made. in the rates? I have never seen a hearing of the Finance So I think the Senator and I are in agreement that insofar Committee at which some gentlemen representing big busi­ as Federal officials are concerned, especially civil-service offi­ ness were not present. We have heard from dozens of them cials, they have the right to tenure of office and to retirement in the past 2 weeks on the question which will be before the benefits, and that so far as we can protect them against politi­ Senate next week-the extension of the Reciprocal Trade cal pressure to contribute to political campaign funds or to .Agreements Act. render political services we ought to do so . Fundamentally, the $2 clerk is interested in keeping the Mr. LUCAS. Mr. President, will the Senator yield? -political party in power because it has given him a job. Mr. BROWN. I shall be glad to yield in a moment. Fundamentally, J.P. Morgan, George F. Baker, and the Pew I agree with what the Senator from Massachusetts says family are interested either in keeping a favorable political · in that respect. In that connection let me say I favor the .party in power or in ejecting from power a political party general purpose and policy of the Hatch law, and I am also which is unfavorable to their tariff and tax policies. in agreement with section 2 of the pending bill, which pre­ Mr. WALSH. Mr. President, will the Senator yield? vents the use of official authority to interfere with an elec­ Mr. BROWN. I yield. tion. I have no objection to-in fact, I am in favor of­ Mr. WALSH. Does the Senator concede that the bill es­ section 2 as designated in the pending bill. tablishes a new principle so far as Government employees are I now yield to the Senator from Illinois. concerned? Mr. LUCAS. Mr. President, in reply to the Senator from Mr. BROWN. I will say to the Senator from Massachu­ Massachusetts [Mr. WALsH] a moment ago, the Senator from setts that I have consistently supported the original Hatch Michigan indicated that he saw in this bill nothing which he Act. Twice, against importunities from many of my col­ thought was unconstitutional. leagues, I have supported the present law by voting against Mr. BROWN. I may say I was not referring to section 15. the Miller amendment and by voting against the Adams Mr. McKELLAR. I think that section is clearly unconsti­ amendment. · It may have gone a little too far, but I believe tutional. that since we passed that law, it ought not to be repealed. Mr. BROWN. As I said earlier in my argument, I believe I think that to do so would be a bad thing politically. Its section 15 is an unwarranted and unconstitutional delegation enactment was a step in the right direction. of legislative authority. Absolutely no standards are set up, Mr. WALSH. I am in accord with that view. no limitations are fixed, in section 15. I believe in any event Mr. BROWN. However, in the new bill we are doing an it should be stricken from the bill. entirely different thing. We are attempting to extend the Mr. President, I was just making the point that the basis­ Federal power to officers and employees who are primarily the legal basis and the moral basis, if I may call it such­ .State employees. of the prohibitions proposed in this bill is that these employees 2580 CONGRESSIONAL RECORD-SENATE MARCH 8 are in some manner beneficiaries of the Federal Government. ernment of the United States. I can apply it to all persons Therefore I think it is perfectly logical to attempt to cover who are applying to the United States for the consideration all of the other persons who are in the same class--bene­ of their claims against it. ficiaries of the Federal Government. Why? Mr. President, I desire now to go to a more fundamental Let us assume that somebody in the Department of the question. Interior is desirous of transferring the Bureau of Forestry to As I indicated to the Senator from Massachusetts [Mr. that Department and taking it away from the Department of WAL$H], I have twice voted with the author of the original Agriculture; and suppose that some employee of one of those Hatch Act in the matter of the two amendments which were departments comes up here and urges upon a subcommittee submitted here earlier in the week. I am opposed to section or a committee of the Senate that particular action. Of 12, as proposed to be amended by the present bill, because it course, he is engaged in political activity of a certain kind. is an interference with the right of the State of Michigan to He is interested in keeping his job in the Department of control its own elections, and is, therefore, an unwarranted Agriculture or in the Department of the Interior, as the case intrusion into the rights of my own State. · may be. · Mr. President, we have pretty good election laws in the Mr. CONNALLY. Mr. President, will the Senator yield? State of Michigan. I am going brie:tly to mention a few of Mr. BRO\VN. I yield to the Senator from Texas. their provisions. Mr. CONNALLY. I desire to supplement a question I asked Our statute-I am referring to section 3286 of the Compiled the Senator. The same rule about the National Guard would Laws of the State of Michigan, down to section 3320, the apply to the Reserve officers, would it not? corrupt-practices statute-prohibits promises, offers, agree­ Mr. BROWN. I presume so. ments, all forms of inducements to voters. It punishes the Mr. CONNALLY. Is it not true that under this bill no man who promises and the man who accepts the promise. It member of the National Guard or officer of the Reserve Corps prohibits the solicitation of money for campaign purposes by could run for a county office without getting out of the any other than regularly constituted party officials. It pro­ National Guard or Reserve Corps? hibits threats and intimidations by persons in the position Mr. BROWN. I am sure the Senator could answer that of employers; with the right to hire and fire. I think every question better than could I, because I have not a clear form of political inducement, threat, and intimidation is knowledge of just how the Reserve officers are paid. covered by the sections mentioned and subsequent sections Mr. CONNALLY. They are paid partially by the Federal of the chapter. Government and partially by the State. I am of the opinion that elections in Michigan should be Mr. BROWN. By whom are they appointed-the State handled under Michigan law; and I think my State has fully officials? covered by law every form of political wrongdoing that is set Mr. CONNALLY. No; by the Federal Government. forth in the Hatch bill, with the single exception of the pro­ Mr. BROWN. Are they State officers or Federal officers? hibition against all political activity. So far our State has Mr. CONNALLY. I suppose they are Federal Government not seen fit to deny its employees the right to speak their officers, for they belong to the Army of the United States. political convictions. I applaud that view. My State, and Mr. BROWN. I do not think the present Hatch bill would it alone, will determine that question. affect that situation. They may be subject to the original Mr. President, I realize that in the short time I had to pre­ law. I do not know. pare this amendm~nt I could not prepare an amendment that Mr. HATCH. The Army Regulations cover that matter. was sufficiently inclusive to cover all of the persons and the Mr. BROWN. I was giving the illustration of a depart­ parties and the corporations which should be prohibited from mental $2-a-month man-speaking of the contribution from political activity. Perhaps I have gone too far. But I plead his salary-coming up here and lobbying in the interest of now for consideration, not of one-half of the question but of keeping his job. That is his interest. That is one of the rea­ the whole question involving in:tluence in elections. sons why the Senator from New Mexico prohibits him from Mr. President, I say again, as I stated a while ago, that if political activity. Likewise, we have the representative of a the desire is to cover the whole situation, and to get the votes large corporation-let us take the United States Steel Cor­ of the solid phalanx of 23 on the other side, which seems to poration, for example-coming before the Bureau of Internal be necessary in order to pass the bill, the Senator would better Revenue and asking that Bureau for a tax refund. The include within the covers of the bill all features of this evil applicant may be entitled to it; he usually is; but so is the that he is trying to reach. man down in the Department entitled to his job. The De­ He says to the Senate that his committee, or members of partment of Agriculture man will cling to the party that favors his committee, have this matter under consideration now. his view, and the man who applies for a tax refund will tend There will not be an election of importance, except a few to favor the party that favors him when he comes before the primaries-and, of course, they may be of importance to cer­ Commission for a tax refund. tain Senators, I realize-there will be no Nation-wide election Mr. LUCAS. Mr. President, will the Senator yield right on · until November of 1940, which is some seven months off. The that point? Senate is going to be in session for 2 or 3 months longer. Mr. BROWN. I yield to the Senator from Illinois? Let us recommit the bill to the Senator's own committee; let Mr. LUCAS. With respect to the Agricultural Depart­ us have the benefit of his knowledge of the law, of his search­ ment, one of the slogans of the farmers in my section of the ing investigation into the constitutional questions involved, United States is, "A tariff for all or a tariff for none." It of his searching into facts surrounding political corruption seems to me the Senator from Michigan is striking at a vital which he asserts has existed and which probably has existed point. In other words, if we protect those who obtain benefits in connection with Government employees; and let him put from the tariff, we ought to be able to protect the man who his fine mind, along with that of the Senator from Rhode is getting a sort of a tariff from parity payments, we will Island, and others, to this other problem which I have men­ say; and if we do not protect one, we should not protect the tioned today-the matter of political contributions from the other. "big shots" of the country-the Rockefellers, the Pews, the Mr. BROWN. Absolutely; and, to bring the matter right Morgans, the Armours, the Bakers. down to fundamentals, the Government clerk, if he is not Let him apply his mind to that problem and bring in a bill under civil service, is interested in keeping in power the. party covering the entire situation, and I assure him that if it does that is in power and that gave him a job, and the Sun Oil not unduly interfere with States' rights, if it does not unduly Co. is interested in kicking out of power the political party restrict the political liberty of our citizens, he will find me that will not give it the high-excise taxes it wants to prevent stall.ding just where I was yesterday-with him in his fight the importation of foregin oil and to raise the price of domes­ to wipe out political corruption. But, much as I desire to tic oil. I can apply the same principle to the tariff. I can go along with him, I cannot go further in the present hour apply it to quotas. I can apply it to R. F. C. loans. I can until he covers the entire field of political corruption by the apply it to contractors who are doing business with the Gov- bill which he proposes as an amendment to the Hatch law. 1940 CONGRESSIONAL RECORD-SENATE 2581 Mr. HATCH. Mr. President, I shall take only a moment. Mr. BROWN. I should like to have the Senator point out There is one special thing which I wish to mention in reply to where, in my remarks, I condemned the entire Republican what has been said on the floor of the Senate in the last few minority. I voted against the same amendments they did. minutes. I refer to the criticism which has been heaped on In this situation the Republicans have voted as one man, the members of the minority party, who sit on the other side with one or two exceptions, and I think those exceptions have of the Chamber. now been eliminated-- It has been repeatedly stated that the Hatch law could not Mr. HATCH. I hope so. have been passed if it had not been for the solid support of Mr. BROWN. As a solid phalanx of 22 or 23; I do not know the Republican Members of the Senate. From a considera­ how many there are over there. [Laughter.] The only state­ tion of the votes which were cast, that is quite correct; but I ment I made was that they did vote as a solid unit upon this want Senators on the other side of the Chamber to know proposition, and the Senator from New Mexico is far too that there is at least one Democrat on this side of the Cham­ experienced in politics not to know that there has been some ber who respects a vote cast for what the Senator voting discussion among the Republicans on the other side which believes is for good government in this country, whether the has resulted in a unanimity of front upon this proposition. vote comes from a Republican or from a Democrat. I am That kind of a situation, as the Senator knows, has not existed one of those who believe that when a man enters the Senate on the Democratic side. of the United States, takes his seat as a Senator in this body, Mr. HATCH. Mr. President, I quite agree that there bas and votes, he votes not as a Democrat or as a Republican, but been no discussion which has presented unanimous action as a Senator of the United States. from this side of the Chamber. I do not agree that there has In this connection I wish to say that I have never gone to a been no discussion on this side of the Chamber. single Member of this body about this bill. The Senator from Mr. BROWN. I did not say that. Michigan stated he had been importuned to vote for the Mr. HATCH. I think plenty of efforts have been made to Miller amendment; and I am quite sure he is correct. Other have a unanimous front on this side of the Chamber. Senators have been importuned to vote for amendments Mr. BROWN. Does not the Senator commend that? Is which are inimical to the provisions of the bill. there anything wrong about Senators trying to get together? Mr. BROWN. Mr. President, if the Senator will yield at Mr. HATCH. Oh, no; but I say the Senator was con­ that point, I say frankly that I was importuned, but I do not demning those on the other side of the Chamber-- think there is anything about that which the Senator should Mr. BROWN. Mr. President- condemn. I have frequently importuned Senatcrs to vote one Mr. HATCH. I am not yielding now. I am saying that way or the other, and, as the Senator knows, it is commonly what is wrong on the Republican side is wrong on the Demo­ done on the floor of the Senate. cratic side. Mr. HATCH. It is commonly done, and I am not condemn­ Mr. BROWN. I think the Republicans have a perfect ing it; I am stating the fact. I am stating my attitude on right- this bill, and it has simply been that I have wanted indi­ The PRESIDING OFFICER. Does the Senator from New vidual Senators to vote, whether they be Democratic or Re­ Mexico yield further to the Senator from Michigan? publican, just the way the9 believe to be best for the Nation. Mr. HATCH. I yield. That is all I ask of any Senator. Mr. BROWN. I think the Republicans have a perfect right Mr. MINTON. Mr. President- to get together, to marshal their forces, and get all 23 of The PRESIDING OFFICER. Does the Senator from New them on the same side. I do not condemn them for it. I Mexico yield to the Senator from Indiana? think they have done a better job than we have in the matter. Mr. HATCH. I yield. Mr. HATCH. Mr. President, the Senator condemns the ·Mr. MINTON. I am sure the Senator from New Mexico bill because among other things it is an invasion of State does not feel, for a moment, that anyone has been coercing rights, and is an invasion of the rights of individuals. Yet votes on the flo.or of the Senate. the Senator from Michigan offers as an amendment-and I Mr. HATCH. Do not pursue that too far, Senator. am sure he offers it in good faith, and wants it to become the Mr. MINTON. I wish, frankly, to inquire of the Senator law of the land, or he would not have offered it as an amend­ .as to whether he thinks that has been done. ment and sought to have it enacted into. law-this provision: Mr. HATCH. I heard the speech of the majority floor And no person who is a stockholder or officer of a corporation leader in this body yesterday, as the Senator did, and I re­ benefited in any manner shall take any part in political activities sented what was said or the implication. I do not want to or in political campaigns. go over that. The Senator would go down into the most remote place in Mr. MINTON. I am asking the Senator about coercion. Michigan, South Carolina, or New Mexico and would deny He can say whatever he desires to say. I am asking him who the little country school teacher-and there has been refer­ on the floor of the Senate has been coerced. ence to school teachers here today, and they have been Mr. HATCH. There has been plenty of talk and plenty of paraded around-who, out of the savings of years, perhaps conversation. has amassed a hundred dollars' worth of stock in some cor­ Mr. MINTON. I am asking the Senator in all good faith poration, the right to engage in political activity. who here has been oppressed in his vote, or who here has Yet, Mr. President, the Senator from Michigan, is against been coerced, who has been threatened, and by whom. the invasion of State rights. ·Mr. HATCH. Mr. President, I shall continue my remarks Mr. BROWN. The Senator need not worry about the as I originally planned, saying that I only want Senators to teachers. He has already denied them their political right. vote just as they please; and whether they be Republicans or Let me suggest that his bill and my amendment would get the whether they be Democrats, I am glad to have their votes poor teachers from both angles. when they vote the way I do; but if they see a matter the Mr. HATCH. I am arguing the question of good faith, Mr. other way, I consider it their duty to vote that way, and President. there has never been one word of criticism from me against Mr. BROWN. I want to say to the Senator from New any Senator, no matter how he has voted. Mexico that I do not think I can draw, in the space o~ time-­ I take it as unkind, Mr. President, for a Senator to rise Mr. HATCH. Mr. President, I wish to withdraw those on the floor of the Senate and condemn the entire Republican words "good faith." I do not challenge anyone's good faith. minority because they voted for the bill. Mr. BROWN. Very well. Mr. BROWN. Mr. President, I should like to have the Mr. HATCH. Mr. President, some Senators would gladly Senator yield there, if he will. support this bill if it were a comprehensive, sweeping measure ·The PRESIDING OFFICER. Does the Senator from New that covered every sin known to man. Yes; then it would Mexico yield to the Senator from Michigan? be a great bill. And it would have a wonderful chance for Mr. HATCH. I yield. passage, would it not? 2582 CONGRESSIONAL RECORD-SENATE MARCH 8 Senators have complained because I have not given atten­ take that same general idea and include it within the provi­ tion to the subject of campaign contributions. For a week sions of this bill. this bill has been debated on the :floor of the Senate. It was Mr. HATCH. ·I will say to the Senator from Michigan that introduced in the early part of January this year. It was in my opening remarks in the debate on the pending bill I considered by the Committee on Privileges and Elections. said I did not think the Congress of the United States had Any Senator could have come before the committee and anywhere near exercised the power that vests in it to prevent presented any idea or suggestion he had. The news of the corruption; that I was working on a bill which would go contents and purposes of the bill was carried in the news­ further than the pending bill goes; and I hoped to have it papers of the city of Washington. Not only this year, but last passed. summer, when the original law was passed, I openly declared Mr. BROWN. Mr. President, will the Senator yield? that a bill such as the one now pending would be introduced, Mr. HATCH. I will yield in a moment. But the hope of and the President of the United States-your President, if something in the future shall not restrain or keep me from you please-in his message approved that other bill, but doing what I can today, be it big or little. pointed out this very thing, and said, in substance, that it has Mr. BROWN. My plea to the Senator is, Let us do the not been quite fair to tie the hands of Federal officials, and whole job at one time, and put the issue of the little fellow recommended that officials who were paid from Federal funds and the big fellow before the Senate in the same bill. be included. Mr. HATCH. If the Senator had stood on the :floor of the Everyone knew that the measure was coming up. We Senate as I have done, begging Senators to vote for even a worked on it in the committee and gave it such attention as simple amendment to keep relief out of politics, and had seen we could. We reported the best bill of which we were capable, it voted down; if he had stood here, as I have stood, and without the help of any of today's critics, who have con­ pleaded with the Senate of the United States to enact legis­ demned the measure and found fault with it and offered lation that would keep employees from going as delegates to amendments right and left, some for the purpose of destroy­ conventions, and had seen that voted down; then when there ing it. No suggestion was ever made that in framing the bill was finally passed the legislation which was enacted at the we should consider the question of large campaign contri­ last session, if he had remembered the fight that was made butions. Along that line we had only the efforts of the Sena­ on it in the House of Representatives and the difficulty en­ tor from Rhode Island. The very committee report from countered on the :floor of the Senate, and if he had gone which SenatOrs have read here today, at this late hour, when through what we have gone through this week with this bill, we have debated this measure for a. wee~ without the subject the Senator would not, I think, take the position he has taken of contributions having been brought up-the very report here. from which the Senator reads has been 4 years in the Senate Mr. BROWN. I entirely disagree with the Senator. I of the United States, and not one hand that I know of has think he has concentrated so much on the :fly specks in this been raised to write into law any provision correcting that situation that he has forgotten all about the great big viola­ evil. The Senator from Indiana [Mr. MINTON] was a mem­ tors. I realize the Senator-has worked hard. I realize that ber of the committee that submitted that report and made he may be impatient because this bill has run a longer course recommendations in -it. in the Senate than he thought it would. But I am just as But some of us were not always asleep with respect to this sincere in my desire to protect the rights of the legislature of subject of campaign contributions. Some of us were thinking my State, of the people of my State, to make and enforce about that years ago. Some of us were thinking about it their own laws resp£cting their own elections, as is the Senator before the last campaign. in his endeavor to bring about what I consider to be an unfair Mr. MINTON. What did you do? and unjust imposition of the Federal power upon the States. Mr. HATCH. I will show the Senator in just a moment I am just as anxious to purify the election laws as is the Sen­ what we did. Even before the election of 1936, when relief ator from New Mexico; but I say to the Senator, if the small funds were being paid out in huge sums to contractors and contributions which Government employees · have made persons who might control elections were receiving benefits, amount to something, that the contributions that I have read the Senator from Virginia [Mr. BYRD] and myself introduced to the SenatoJ' this afternoon and the practice which has a bill in the Senate of the United States covering this very existed for over 50 years in this country of obtaining contri­ subject. butions from wealthy men to support the party which has Mr. BROWN. I wish to say to the Senator that he was ever represented the views of wealthy men, constitute a prob­ not very successful in his efforts to prevent Joe Pew and lem so much greater than that to which the Senator is his family from contributing $315,000 in the subsequent devoting himself, that I see no comparison between them. campaign. I ask only that he bring in both questions at the same time, Mr. HATCH. No; we were not even able to get that bill so that the entire picture may be before the American people, out of the committee to which it was referred. It was intro­ and we shall not legislate only against the $2 man and leave duced by us on the 15th day of April, 1935, and provided out the half-million-dollar man who is a seeker of Govern­ that- ment favor. No person, firm, or corporation entering into any contract with the United States, or any department or agency thereof, or per­ Mr. HATCH. Mr. President, I have long since learned to forming any work or services for the United States or any depart­ do what I can when I can. I wish to say to the Senator from ment or agency thereof, or furnishing any material, supplies, or Michigan that everything he has said about large contribu­ equipment to the United States or any department or agency- tions and corruption is absolutely true. It is just as rotten, And so forth, prohibiting many things- wrong, and contemptible as it can be to use funds to control shall during the period of negotiation for, or performance or fur­ elections. I will join the Senator from Michigan or any other nishing of, such contract, work, services, material, supplies, equip­ Senator and help to sponsor and work for adequate legis­ ment, land, or buildings, directly or indirectly, make any contribu­ lation to strike at that evil; but I will not give up the tion of money or any other thing of value, or promise expressly or impliedly to make any such contribution, to any political party, progress we have made thus far and go back and start out committee, or candidate for public office, or to ai;l.y person for any on an altogether different road. political purpose, or use. * * * Mr. BROWN. Mr. President, let me say to the Senator Mr. BROWN. I am glad to have the Senator bring up that . again, as I have said before, that he will not get 23 votes in proposition, and I call attention to what I said in the main a solid phalanx from the Republican side on any bill such_as body of my speech, that the Senator has a peculiar knowledge I have outlined. of these matters; he is an authority on the question; and Mr. HATCH. I may not receive 23 votes, but I am counting when he is proposing legislation on the subject of political on votes from the Republican side as well as from the Demo­ corruption in connection with campaign contributions and cratic side. I am sure we shall have votes from both sides. political activity, since he had all this knowledge at the time Mr. BROWN. There is no doubt about the Senator getting he first introduced the measi.lre, I do not see why he did not votes from the Democratic side. · 1940 CONGRESSIONAL RECORD-SENATE 2583 Mr. REYNOLDS and Mr. CLARK of Missouri addressed the The time is running on, and I was about to inquire what the Chair. program is. It seems to me there is no reason why we should The PRESIDING OFFICER. Does the Senator from New continue in session longer this evening. Mexico yield, and, if so, to whom? Mr. BARKLEY. I was waiting to see whether or not we Mr. HATCH. I yield first to the Senator from North could obtain a vote on this particular amendment at the con­ Carolina. clusion of the remarks of the Senator from New M e x ~ co. Mr. REYNOLDS. Mr. President, I wish to make an obser­ Mr. HATCH. Mr. President, I shall shortly conclude my vation, with the permission of the author of the bill. The remarks. Senator from Michigan seems to objzct because the bill does Mr. BARKLEY. If we cannot obtain a vote at the conclu­ not cover enough. Perhaps it does not, but why not take sion of the remarks of the Senator from New Mexico, my what we can now and obtain a little more later? purpose is to move a recess until tomorrow. Mr. BROWN. Because we shall not obtain anything more Mr. HATCH. I wish to make one further statement, Mr. if we do not do so now. President, and then I shall conclude my remarks. Mr. REYNOLDS. I do not see why. Later we may have Mr. BARKLEY. I am not seeking to limit the Senator. more Republicans in the Senate than we now have. Mr. HATCH. I am not through, but I shall conclude for [Laughter.] Therefore it follows from the argument of the the present. Senator that if the Republicans vote for the bill in the next It was said that I have lost my patience. I have not lost my term his proposal will receive more Republican votes. patience at any time during this debate. I am not now out of Mr. BROWN. Mr. President, the Senator entirely misses patience with any individual. The only thing I desire is to my point. I say that the Republicans will not vote in a have a vote on the bill and on the various amendments-a solid phalanx for a bill which will deny Mr. Pew, Mr. Mor­ frank, open, and honest vote-as quickly as we can obtain gan, and Mr. Rockefeller the opportunity to make large con­ one, giving every Senator the right to vote as he pleases. I tributions to the Republican national campaign fund. think the pending amendment should be defeated. I am Mr. REYNOLDS. If it would deny Mr. Pew the oppor­ sure it would kill the entire bill if it were adopted. tunity to make · a $300,000 contribution, it would deny Mr. I should like to have a vote on that amendment this John L. Lewis the opportunity to make a $500,000 contribu­ evening-now, if possible-and I hope the Senate will agree tion. [Laughter.] to vote. Mr. CLARK of Missouri. Mr. President-- The PRESIDING OFFICER. The question is on agreeing Mr. HATCH. Mr. President, I promised to yield to the to the amendment offered by the Senator from Michigan [Mr. Senator from Missouri. BROWN] to the amendment reported by the committee. · Mr. CLARK of Missouri. The Senator from Michigan said Mr. BROWN. Mr. President, I wish to keep the record we would be certain of getting votes on this side for the bill straight in one respect. The Senator from North Carolina which he suggests, which would bar Mr. Pew. If some of the referred to the $500,000 contribution of John L. Lewis. The recalcitrants who have been obstructing the bill should vote Senator knows, if he will recall, that that was a loan of for the bill which he suggests, we should not need votes on the $500,000, which has been repaid in full or in part. Republican side. The PRESIDING OFFICER. The question is on agreeing Mr. SCHWARTZ. Mr. President-- to the amendment offered by the Senator from Michigan ·Mr. BROWN. Mr. President, will the Senator permit me to [Mr. BROWN] to the amendment reported by the committee. answer the Senator from Missouri? Mr. BROWN and o~her Senators called for the yeas and Mr. HATCH. No; the Senator from Wyoming is asking nays, and they were ordered; for recognition. Mr. McKELLAR. I suggest the absence of a quorum. Mr. SCHWARTZ. Mr. President, will the Senator yield? The PRESIDING OFFICER. The clerk will call the ro~l. The PRESIDING OFFICER. The Chair is anxious to try The leg ~ slative clerk called the roll, and the following to facilitate debate among Senators. Senators know the rules. Senators answered to their names: They should address the Chair. Adams Davis Johnson, co:o. Radcliffe Mr. SCHWARTZ. Mr. President, I merely wish to make an Ashurst Donahey La Follette Reed observation. Austin Ellender Lee Reynolds Banlchead Gerry Lodge Schwartz The PRESIDING OFFICER. Will the Senator from Wyo­ Barbour Gibson Lucas Schwellenbach ming permit the Chair to say a word? The Chair wishes to Barkley Green McCarran Shipstead Brown Guffey McKellar Smith facilitate the debate. The only purpose of having a Presiding Byrd Gurney McNary Stewart Officer is to try to keep the debate in order. If Senators will Byrnes Hale Mead Taft address the Chair, he will try to recognize them as soon as he Capper Harrison Miller Thomas, Okla. Chandler Hatch Minton Thomas, Utah can. With so many Senators talking at the same time, the Chavez Hayden Murray Tydings Chair does not know just how to preside over that sort of Clark, Idaho Herring Neely Vandenberg Clark, Mo. Hill Nye Van Nuys meeting. Connally Holman O'Mahoney Walsh Does the Senator from New Mexico yield to the Senator Danaher Holt Pittman White from Wyoming? The PRESIDING OFFICER. Sixty-four Senators have Mr. HATCH. The Senator from New Mexico yields to the answered to the roll call. A quorum is present. Senator from Wyoming. The question before the Senate is on agreeing to the amend­ Mr. SCHWARTZ. Mr. President, I appreciate the efforts ment 6ffered by the Senator from Michigan [Mr. BROWN] of the Chair to save time. I merely wish to make one obser­ to the amendment reported by the committee. On that vation about the $500,000 said to have been contributed by amendment the yeas and nays have been demanded and Mr. Lewis. It did not come from Mr. Lewis. It came from ordered. $2 contributions from laboring men all over the United States, who contributed for that purpose. Mr. BARKLEY. · Mr. President, how many Senators were Mr. MINTON. And it was paid back. shown to ba present? Mr. ADAMS. Mr. President-- The PRESIDING OFFICER. Sixty-four. The PRESIDING OFFICER. Does the Senator from New Mr. BARKLEY. It is obvious that there are many absent Mexico yield to the Senator from Colorado? Senators. I think we might suspend at this point, and let Mr. ADAMS. I wish to make an inquiry of the majority the amendment go over until tomorrow. leader. Mr. McKELLAR. Mr. President, I ask the Senator from Mr. HATCH. · I yield to the Senator from Colorado for the Kentucky why we cannot adjourn until Monday. Very few purpose of making an inquiry. of the majority leader. · Senators will be here tomorrow. There always are very few Mr. ADAMS. Some of us have made engagements in the present on Saturday. belief tbat the session would terminate at the regular time. Mr. BARKLEY. I appreciate the Senator's suggestion. 2584 CONGRESSIONAL RECORD-SENATE MARCH g ·

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.