1925 CONGR.ESSION AL RECORD-SEN ATE 973 . ,, War and their widows be granted an increase in pension; to 158. Also, petition of sundry members of Dudley P. Chase the Committee on Invalid Pensions. Post, No. 22, Grand Army of the Republic, Minneapolis, Minn., 142. Also, petition of sundry members of Custer Rea Circle, unanimously requesting that Union veterans of the Civil War No. 2, Ladies of the Grand Army of the Republic, unanimously and their widows be granted an increase in pension; to the requesting that Union War veterans be granted an increase in Committee on InYalid Pensions. pension to $72 per month, and that theit· widows be also granted 159. Also, petition of sundry members of the Fifth District an increaee; to the Committee on Invalid Pensions. Federation of Women's Clubs of Minnesota, indorsing the 143. Also, petition of sundry members of the Minnesota Re- Permanent Court of International Justice; to the Committee serve Officers' Association, urging that no further reduction be on Foreign Affairs. made in appropriation for training for any one of the com- 160. Also, petition of sundry members of Carleton Post, No. ponents of the Army of the United States; to the Committee on 5, Veterans of Foreign Wars, St. Paul, Minn., requesting that Appropriations. Congress enact legislation looking toward pensions, work, and 144. Also, petition of Julia E. F. Lobdell and 38 other mem- proper maintenance of hospitals or homes for deserving, hon­ bers of Ida M. Everett Tent, No.8, National Alliance, Daughters orably discharged veterans of the United States military serv­ of Union Civil War Veterans, unanimously and urgently re- ice; to the Committee on World War Veterans' Legislation. questing an increa e in pension for veterans of the Civil War 161. Also, petition of 600 residents of Balaton, Minn., and and their widows; to the Committee on Invalid Pensions. vicinity, urging the entrance of the United States into the 145. Also, petition of sundry members of LeYi Butler Post, Permanent Court of International Justice; to the Committee No. 73, Department of Minnesota, Grand Army of the Republic, on Foreign Affairs. unanimously reque ting that Congress provide for an increa~e 162. Also, petition of sundry members of Columbia Circle, in pensions to Civil War veterans and their widows; to the No. 7, Ladies of the Grand Army of the Republic, Minneapolis, Committee on Invalid Pensions. Minn., unanimously requesting that Union veterans of the 146. Also, petition of sundry members of James Bryant Post Citil War and their widows be granted an increase in pen­ and Woman's Relief Corps, Minneapolis, Minn., in joint meeting sion; to the Committee on Invalid Pensions. a sembled, unanimously requesting Co~gress to enact legisla- 163. Also, petition of the Minneapolis Cine and Commerce tion providing for · an increase in pension to veterans of the Association, protesting against legislation providing for per Civil War and their widows; to the Committee on Invalid capita payments to Minnesota Indians from their tribal funds; Pensions. to the Committee on Indian Affairs. 147. Also, petition of sundry members of the Renville County 164. Also, petition of sundl·y members of Lizzie M. Rice Farm Bureau Association, Olivia, Minn., Ul'ging Members of Circle, No. 41, Ladies of the Grand Army of the Republic, Congress to re ist any reduction in the tariff on and affecting Minneapolis, Minn., unanimously requesting that Union veter­ flax eed; to the Committee on Ways and Means. ans of the Civil War and their widows be granted an increase 148. Also, petition of Tent No. 4, Daughters of Civil War in pension; to the Committee on Invalid Pensions. Veterans, St. Paul, Minn., urging that Congress enact a law 165. By Mr. PHILLIPS: Affidavits to accompany H. R. 2488, providing for incl'eased pensions for Union veterans of the Civil granting a pension to James A. Holsinger; to the Committee War and their widows; to the Committee on Invalid Pensions. on Invalid Pensions. { 149. Also, petition of the board of directors Minnesota Motor 166. Also, affidavits to accompany H. R. 2487, granting a Trades Association and 800 members, praying that Congress pension to Mary E. Rhodes; to the Committee on Invalid Pen­ eliminate the manufactures excise tax on passenger automo- sions. biles, trucks, parts, and ·accessories; to the Committee on Ways 167. By Mr. SMITH: Papers in support of H. R. 2775, grant- and 1\Ieuns. ing an increase of pension to Ro.,e A. Strawman; to the Com- ) 150. Also, petition of sundry members of Carleton Post, No. 5, mittee on Invalid Pensions. Veterans of Foreign Wars, St. Paul, Minn., aski.ng congressional 168. Also, papers in support of H. R. 2771, granting a pen- enactment of measures concerning pensions,· work, and proper sion to Knute Westerheim; to the Committee on Pensions. maintenance of hospitals or homes for deserving honorably dis- 169. By Mr. SOMERS of New York: Petition of the New :charged veterans of the United States military service; to the York State Pharmaceutical Association, numbering 3,700, urg­ Committee on World War Veterans' Legislation. ing the reduction of tax on medicinal alcohol; to the Com- 151. Also, petition of 160 members of Mary E. Starkweather mittee on ·ways and Means. 'l'ent, No. 1, Department of Minnesota, Daughters of the Union 170. Also, resolutions adopted by the Central Union Label Yeterans of the Civil War, unanimou ·ly requesting that Con- Council of Greater New York, requesting Federal investiga­ gres provide for an increase in pension for Union veterans of tion of the proposed Bread Trust; ·to the Com.nllttee on the the

THE WORLD COURT Mr. SWANSON. Mr. President, the most important que tiou The VICE PRESIDBXT. In accordance with the order of that could. enga,;e the efforts of the statesmen of the world i · to devise means to prevent the occurrence of war and to effect the Senate agreed to on March 13 la. t, the Chair lays befo~e the Senate, in open executiYe session, the special order for th1s the settlement of international difference by the rule· of ju ·tiee llour, namely, Senate He:::olution No. 5, submitted by l\lr. and reason and not by force. Before this all other qu~ ·tions , 'w.at\so , which the Secretary will read. . fade into insignificance. 'Ihe CHIEF CLERK. .A resolution (S. Ues. 5) submitted by War has become so far-reaching, so destructive of life, so devastating of property tllat there is a universal de ire to ~Ir. Sw.aNso_- March 5, 1925, providing for adhesion on the part of the United States to the protocol of December 16, 1920, preyent its recurrence. Another war similar to the great '\Vorlll aud t1Je adjoined statute for the Permanent Court of Inter­ War, with a repetition of the horrible experiences we have just passed through, would abnost de troy the world's civilization. national Ju -tice, with re ·enations, as follows: Kew inventions of destruction of every kind and chara<:ter Whereas the President, under date of February 23, 1923, transmitted make the thoughtful and patriotic view with the gran~:t ap­ a message to the Senate accompanied by a letter from the Secretary prehension the future of mankind, if another such friglltfnl of state, dated February 17, Hl23, asking the favorable advice and war should occur. War is no longer limited to armies in the consl:'nt of the Senate to the adhesion on the part of the United States field, but it has become a contest of nations with all their to the protocol of December 16. 19:!0, of signature of the statute for population and industrial forces against other nation . Such the Permanent Court of International Justice, set out in the sald mes­ war ends only after national exhaustion. When it is concluded sage of the President (without accepting or agreeing to the optional it is difficult to determine whether the victors or the vanqu·~hed to tile said protocol, subject to the following reserva· the contact of nations and thus greatly increases the oppor­ tions and understandings, 'vhich are hereby made a part and condition tunities for misunderstandings and conflict. When aviation of thl resoluUon, namely : is fully perfected, as it will be, the world will be almost a 1. 'l'ha.t such adhrsion hall not be taken to involve any legal rela­ family of nations in daily contact, with innumerable differ­ tion on the part of the United Stat.es to the League of Nations or the ences and misunderstandings continuously arising. Never be­ as umption of any obHgations by the United States under the covenant fore in the history of the world has it become more paramOtmt of the Ll:'ague of Nations con tltuting part 1 of the treaty of Versa1lles. that means should be devised by which international di!fer­ 2. That the United States shall be permitted to participate through ences can be amicably settled without resort to force. 'l'lle rt'prcs~ntati'l'es designated for the purpose and upon an equality with idealist, the philanthropist, the patriot, the statesman, and all the other states, members, respectively, of the Council and Assembly the uplifting forces of the world are struggling for the accom­ of the League of Nations, in any and all proceedings of either the plishment of this great and noble purpose. All who are now council or the as ~mbly for the election of judges or deputy judges of engaged in this great work should be commended and not de­ the Permanent Court of International Justice or for the filllng of rided. If many of the plans proposed are impracticable and vacaucies. if many of them are so idealistic as to be very remote of ac­ 3. 'l'hat the United States "'ill pay a fair share of the expenses of complishment, their agitation and discussion produce a sen­ the court as determined and appropriated from tlme to time by the timent for peace which in the long run will be most potential. Congress of the Unlted States. Those who ardently desire peace should cea e cont€'ntion~ 4. That the statute for the PPrmanent Court of International Justice among themselves as to the plans and cea. e severe critici ·m adjoined to the protocol shall not be amended without tbe consent of of those engaged in the work and try to obtain some colllillOll the United States. plan upon which they can reasonably unite. 5. That the United States shall be in n() manner bound ·by any The great philosopher and essayist, Emerson, well aid thnt advJsory opinion of the Permanent Court of International Justice not the troubles of the world largely arise becam:;e t1Je better are rendered pursuant to a request in which it, the United States, shall ever waging war on the good while the evil are united. If t11e expressly join in accordance with the statute for the said court ad­ better and the good would cease con.tlict between themselve joined to the pt·otocol of signature of the same to wh1ch the Cnited and unite, the triumph over evil could be easily secured. States shall become signatory. The history of the world in all of its varied phases ha The signature of the united States to the said protocol shall not be lamentably shown that this division between the better and the affixed until the powers signatory to such protocol shall have indicated, good has frequently resulted in the triumph of the evil. l!"'re­ through an exchange of notes, their acceptance of the :foregoing reserva­ quently good and progressive plans for betterment are vigor­ tions and understandings as a part and a condition of adhesion by tke ously assailed by the better, so called, becau e in all respects united States to the said protocol. these plans do not measure up to the full ideals and desires of Mr. SWANSON obtained the floor. those who wish to go further and seek perfection long before it Mr. ROBINSON of Arkansas. Mr. President, I suggest the is attainable. Frequently all is lost in this dissension between absence of a quorum. the better and the good. I hope the efforts in the world to-day The TICE PRESIDEXT. The clerk will call the roll. directed for the preservation of peace and the creation of in­ The legislative clerk called the roll, -and the following Sen­ strumentalities, like the World Court, to aid will not furnish a ators answered to theh· names: repetition of this sad story. A hurst Fess La Follette Robinson, Ind. :Mr. President, wars are occasioned by international differ­ llavard Fletcher Lenroot Sackl'tt ences which have existed from the earliest recorded history of Ringbum Frazier McKellar Schall Rlease George McKinley Sheppard mankind and which will arise as long as mankind exi t.·. Dorah Geny McLean Shipstead Treaties, parchments, and promises will not materially change nratton Gtllett Mc~Iaster Shortridg-e human nature. Wars in the future will be more numerous lilld Urool\IJart Glass Mc~ary Simmons Droussard Goff l\Iayfield Smith more frightful unless ways are devised to ettle international Bruce Gooding ::\leans Smoot differences by peaceful means instead of force. The contact of Dutler Greene Metcalf Stanfield nations is daily increasing and, as previou ly stated, will create Cameron Hnle Neely Swanson Capper IIarreld Norris Trammell increasing ip,ternational irritation and disputes. Steam, avia· i Copeland Harris Oddle tion, radio, and electric communications, foreign trade and \ Couzens Harrison Overman ~~3:worth commerce have so interwoven the nations of the world that Cummins Hefiiu Pepper Walsh Curtis Howell Phipps Warren war is no longer isolated as formerly, and when it comes it Dale J obnson Pine Watson ultimately envelopes most of the nations of the world. This Deneen Jones, N. :Mex. Pittman Weller was forcibly illustrated in the recent World War. Who would Edge Jones, Wa h. Ransdell ·wheeler Ern t Kendrick Reed, Mo. WitHams have thought that when Austria issued her ultimatum to Serbia Fernald Keres Reed, Pa. Willis that in less than three years more than 2,000,000 of American Ferris King Robinson, Ark. soldiers would be engaged on the battle fields of Europe? War 'l'he VICE PRESIDEXT. Eighty-seven Senators have an­ is no longer isolated, and when the conflagration starts it in­ swered to their names. A quorum is present. The Senator creases and increases until most of the world becomes included from Virginia will proceed. in the consuming flames. 1925 CONGRESSIONAL RECORD-SENATE 975

No nation is more interested than the United States in the In addition to arbitration, The Hague convention provided prevention of war and in the settlement of international dif­ for mediation between contending nations, permitting one or ferences by peaceful means instead of by force. If any future more friendly powers to intervene with suggestions as to settl&­ world war should arise the United States would be the great­ ment, which advice should have no binding force and which est loser and sufferer. We have become _ a great creditor should not be construed as an unfriendly act by any of the par­ nation, with vast sums of money due us and with large in­ ties engaged in the controversy. vestments scattered in every part of the world. We have the In 1908 Mr. Root, then Secretary of State, negotiated 22 arbi­ largest foreign commerce of any nation. Twenty per cent of tration treaties providing for the submission to The Hague our varied production must find access to foreign markets court- or else depression, los , and bankruptcy await our productive of differences which might arise of a legal nature and relating to the enterptises. No one is able to estimate what immense losses interpretation of treaties between the contracting parties which it has will accrue to the United States by another world war. not been possible to settle by diplomacy: Provided, howet:er, That the 1\lr. President, however much any of us may desire national action do not affect the vital interest, independence, or honor of the i olation the time is past when this can exist, and if possessed two contracting parties and do not concern the interests of a thlrd it can not continue. Our de\elopment bas been such that all party. • which affects the world mu t inevitably affect us. Our national preeminence necessarily impels this. Thus, not only high The ratification of these treaties provided that the agreement motives of humanity, justice, and right but our material self­ for arbitration should be made by the President by and with interests demand that the United States should make every the advice and consent of the Senate. From 1914 to 1916 l\Ir. effort to secure world peace and peaceful settlement of inter­ Bryan, Secretary of State, negotiated treaties with 20· nations. national differences. These treaties were ratified and provided for the appointment J of a commission to investigate and report within one year all Who among u would have America retire, surrender her preeminence, and fail to discharge fully the duty and respon­ disputes arising between the nations which could not be settled sibility which comes from ner preeminent position? Are we to by.

go\erning the Federal judicia1·y, yet this power on the part of the settlement of disputes. It should be noted that the United Congress bus bad no influence on the independence of our States is made a competent suitor in the court by the protocol judiciary. No such power whatever exists in the council or of the statute and not by this resolution of the council. Tbu , assembly in regard to the World Com·t. provision has been made by which eYery state can become, The President and Senate baYe unlimited power of selection upon equal and fair terms, a competent suitor in the court. in naming the Federal judges. The council and the assembly The fair proportion of co ts of the court to be paid by such can only select the judges from a li t of nominations made by nations is assessed by the court. It should be noted the League the national groups that are members of the International of Nations is not a competent party to a case before the court. Court of .Arbitration. Thic; is the method specified in the This court is indeed a world court and is open to all nations ta tute. Thus, Mr. Presideut, it seems to me that the method upon fair and equal terms. of election and of fixing the salaries of the judges of the l\1r. Pre ident, we will now discuss the subject matter which World Court are such as will not in any way impaiJ.· its inde­ can properly come before the court for decision. This is one pendence or in any way make it subject to outside political in­ of the most important matters in connection with the court. fluences. It i less ·ubject to political influences, control, and Nineteen states with conditions requiring mostly reciprocity temptation than are the judges of our Supreme Court, and the have accepted the compulsory juri diction of the court in cer­ members of that court by their independence and freedom tain specified classe of cases. The court al o has compulsory from political control ba Ye won not only the confidence of the jurisdiction conferred upon it by many treaties. In ·a number country but of the world. I do not believe a better system of recent treaties provision bas been made for an obligatory that w:is po ible of adoption could have been devised than the reference of disputes to the World Court. The peace treaty one provided in the statute creatins the court. with Germany, Austria, Hungary, and Bulgaria confer on the ~1r. President, we will next consider the jurisdiction pos­ new court jurisdiction with reference to ports, waterways, and se"sed by this court under the statute. We will first deter­ railways. It is pos essed of jmisdiction in certain inter­ mine the partie who are competent suitors in the court. national labor matters. In the treaties of peace negotiated Article 24 of the statute provides: with Austria, Hungary, and Bulgaria, it is given jurisdiction Only states or members of the League of Nations can be parties in for the protection of racial, religious, and lingui tic minorities. cases before the court. This jurisdiction is obligatory as to all the signatories to the peace treaties. The special treaties made with Czechoslovakia, The jurisdiction of the court i limited to state ; private per­ Greece, Yugoslavia, Poland, and Rumania, for the protection sons nnd corporation can not pre ent themselves as parties to a of minorities confers jurisdiction upon this court. Thu. , the . ui t. nut this does no t preclude a state from appearing in rights of more than fifty millions of minority people situated behalf of a private pPrson, provided the . tate has the right of in the various European countries must be determined by this protection, according to international law, over such person. coui·t. The Lausanne treaties made with Turkey confer juris­ The court determines whether such relation exi ~ ts between the diction upon the court. Time will not permit me to name the state and Fuch person. numerous conventions on the liquor u·affic, arms traffic, freedom Article 35 of the statute provides: of transit, air navigation, and navigation of waterways which The court sball be open to the members of the league and also to confer obligaUiry jurisdiction on the court. The court has states mentioned in the annex to the covenant. compulsory jurisdiction for the interpretation of the mandates recently approved by the council of the league. The covenant Fifty-five nations are at present members of the league; of the league has been amended providing that, except where hence the court is open to all of these. The United States, the parties to a dispute have agreed on the tribunal without Ecuador, and Hejaz are nations mentioned in the annex to stipulating in any convention between them for a tribunal to the covenant who are not member of the league and are there­ which cases are to be referred, the court shall be the Perma­ fore under this provision competent suitors in the court. Under nent Court of International Justice. Article 27 of the tatute this provision the United States is a competent suitor in the for the court provides that when a treaty or convention in court. force provides for the reference of a matter to a tribunal to As it was designed to make this court a world court in which be instituted by the League of Nations, the Permanent Com't all nations could litigate their disputes, provision was made of International Justice shall be such court. This will give it for nations other than members of the league and tho e named a very large obligatory juri diction. It will be called on to ln the annex to the covenant to become suitors in the court. interpret the various clauses and provisions contained in the Article 35 of the statute contains the following provision: covenant of the league. The conditions upon which the court shall be open to other nations The recent Locarno conference, with its five important shall, subject to the special provisions contained in treaties in force, be treaties, which constitutes a great landmark in the history laid down by the council, but in no case shall such provisions place of the world for peace, provided that all disputes of e\ery kind parties in a position of inequality before the court. with regard to which the parties are in conflict as to their respectl\e rights, and which it may not be possible to settle This provision uses the Council of the League of Nations as amicably by the normal methods of diplomacy, shall be sub­ an agency to fix the conditions ~upon which nations other than mitted for decision either to an arbiu·al tribunal or to the members of the league and those mentioned in the annex to Permanent Court for Internatioual Justice. the covenant should be permitted to become parties, if they In the agreements made by the allied powers with Germany, so desire, to cases in the court. The council, in exercising which includes the so-called Dawes plan, eight possible appoint­ the power conferred by this statute, is controlled, first, by the ments were conferred on the permanent pre ident of the court, special provisions contained in treaties in force, and, second, and these agreements give the court itself an important juris­ ·that the parties permitted to use the court shall in no case diction in certain classes of cases or disputes. Time will not be put in a position of inequality before the court. The council permit me to name the numerous agreements and treaties con­ derives its power from the statute and is controlled in its ferring either direct, conditional, or ultimate jurisdiction upon exercise by the e provisions. The council can make no con­ the Permanent Court of International Ju tice. ditions which will violate these directions. I will not further discuss the compulsory jurisdiction of the ~'he council, on May 17, 1922, by resolution, provided that court. I have only mentioned it succinctly to impress upon the court should be open to these states on condition that the Senate the importance of this court and to indicate the they deposit with the court a declaration accepting the juris­ many great international matters which must be brought be­ diction of the court and undertake to carry out its decision fore it for decision. in full good faith and not to resort to war against a state If the pending resolution is ratified by the Senate, the United complying therewith. The declaration provided for could be States will become only a voluntary suitor in the court and either, particularly-limited to ghen dispute , or general-appli­ be governed by the provisions of the statute appertaining to cable to all disputes. The resolution further provides for voluntary jurisdiction. The voluntary jurisdiction of the court acceptance in the declaration of the compulsory jurisdiction is contained in article 36, which is as follows : of the court if desired, similar to the right posse sed by other nations. The resolution gives full effect to the principle laid The jurisdiction of the court comprises all cases which the parties down by article 35, that nonmember states must not be placed refer to it and all matters specially provided for in treaties and con- in a position of inequality before the court. The nonmember ventions in force. states are given access to the court upon the condition that Therefore, if the United States should adopt the pending they accept the same obligations as member states. Absolute resolution of ratification the court would have jw·isdiction only equality is preserved. in such matters as the United States should see proper to Under this provision Afghani tan, Egypt, Germany, Mexico, refer to lt, unless the United States in a treaty or convention Russia, and Turkey would be allowed to utilize the court for had conferred jurisdiction on the court. 1925 CONGRESSIONAL RECORD-SENATE 979

In order for the court to have jurisdiction of any matter that all treaties must be made by the President by and with affecting the United States it would be necessary for the the advice and consent of the Senate. ' President of the United States to enter into an agreement ~J1he Root arbitration treaties with Great Britain and other with orne other nation to refer the matter to the court for nations to make effective The Hague convention provided: decision. There would be no other way for the court to ob­ It is understood that such special agreements on the part of the tain jurisdiction in any matter binding the United States. Unite~ States will ~e made by the President of the United States, by This agreement by the President of the United States, when and With the advice and consent of the Senate. made, in order to give the court jurisdiction, would have_to be done by and "ith the advice and consent of two-thirds of So,. in _this resolution of ratification the pro•isions of the the Senate. There is no way in which agreements with for­ ConstitutiOn were clearly complied with and a reference-in each eign nations can be made under our Constitution except by case had to be made by the President of the United States by the President. by and with the advice and consent of the and with tl1e advice and consent of the Senate. . ' Senate. There are minor international matters absolutely Mr. President, if the protocol of the statute of this court is within the competence of the President and upon which he ratified, as proposed, the people of the United States, in all can make an agreement, but under our Constitution no im­ matters referred to this court for decision, would have the full portant agreement can be made with a foreign nation except protection of their l'ights, as provided by the Constitution for I by the President, by and with the advice and consent of the foreign agreements and treaties. I ~enate. As article 3G heretofore quoted contemplates an I do not think it wise to deviate from our constitutional agreement between the United States and some other nation method of settling important international a:ffail·s. There to refer the matter to the court, it necessarily follows that has arisen among some executives a dinposition to io-nore the 1 the agreement must be made by the President, by and with con~titution~l rights of the Senate in connection with foreign the advice and con ·eut of the Senate. Therefore, all im­ a:ffrurs. Th1s should not be encouraged. Unless the a~ee­ portant matters that go to this court for decision mu t be ment to refer the matter to the court was mat!e accordh~g to approved uy t'\YO-thirds of the Senate. I run satisfied that our. constitutional methods by the President, by and with the thi · must be done to comply -with our constitutional require­ advice and consent of the Senate, a question of jurisdiction ! ments. mi.ght be raised in the court and, besides, the question might Pre ident Coolidge and Secretary Hug·he both appear to anse that the reference was not constitutional and thus create entertain the opinion that this is necessary and proper. On a less -willing and c:hlerful acquiescence in the decision when February 10 of this year the President transmitted to the rendered. Senate the international convention for the suppression of the The question of method of reference i:3 a domestic matter circulation of and traffic in obscene publications and recom­ to be determined by us anti does not affect the court. ·with a mended that the Senate adhere to that convention. Article resolution providing that reference to the 'court shall be by lG of the con•ention vrovided that if disputes arising under special or general treaties, ratified by the Senate-to which I the convention could not be settled by direct negotiation, then personally have no objection, although I think it unnecessary, they "hould be referred to the Permanent Court of Interna­ because the Constitution gives ample protection-all the false tional Justice. In his message to the Senate and in the letter clamor that has been created about the emigration question of Secretary Hughea to the President, urging adherence to the and the Afonroe doctrine being put in jeopardy disappears in convention, both recommended that the resolution of ad.he.rence empty declamation and vain delusion. should contain the following reservation : Those who urge the jeopardy of the Morn·oe doctrine as a reason for opposing adherence to the court's statute admit '!'bat recourse to the Permanent Court of International Justice or that while the United States could not be bound legally in this to arbitration provided for in article 15 of the convention can be had ~a~ter except by a. submission to which it assented, yet they only by agreement thereto through general or special treaties here­ ms1st that tlJe Urntcd States might be greatly embarrassed tofore or hereafter concluded between the parties in dispute by and moraUy i~ givin~ adherence to a court to which, by agreement, with the advice and consent of the Senate. other nations nught refer a matter affecting the Morn·oe doc­ Thi~ indicates the view entertained upon _this matter by the trine. If adherence to the Permanent Cotrrt of International President and Secretary ·Hughes. Justice would so embarrass us, we are ah·eady embarrassed This is the view entertained by Hon. George W. Wickersham, to the fullest extent to which we could be embarrassed in this former Attoruey General of the United States, one of our matter. The United States and 43 nations have agreed to ablest constitutional and international lawyers, who is one of The Hague convention of H)07 establishing a court of arbitra­ the leading advocates of the adherence of the United States tion to which nations can refer for decision any and all mat­ to the World Court. When before a subcommittee of the Com­ ters that could be considered by the Permanent Court of Inter­ mittee on Foreign Relations, .in discussing this court, he said: national Justice. Any matter affecting the Monroe doctrine that could be considered by one court can be considered by So that in giving its adhesion to a court, 1.n accepting the provisions the other without any greater embarrassment being incm-red. of the Permanent Court of International Justice on the Hughes­ If adherence to this court embarrasses us, adherence to The Harding plan, all that the United States does is to sav that if and Hague Arbitration Court has already equally embarrassed us. when we shall agree to submit a particular controver~y to judicial The United States would assume no new embarrassments, determination we will seno it to this court. create no new conditions affecting the Mom·oe doctl'ine by ad­ But the lJnited States Senate stands as a bru·dle which must be got herence to the Permanent Court of International Justice. If over before the controversy can go to any tribunal for arbitration or those who make the contention are since1·e, they will strive as decision by judicial process. strongly to disconnect us fr

Mr. President the next matter to be considered in connection international law und will be invaluable in assisting the codi­ with this court' after matters have been referred to it, is the fication of international law, which I hope some day to see principles wbidh shall govern the court in reaching its de­ accomplished. Of course, the Ia w to be administered under ci ions. this section will be most! inta-national law, as the disputes It should be noted that in article 36, fixing the voluntary will be international. International law for more than two jurisdiction of the court, it states that its jurisdiction shall centuries has been growing in definiteness and in extent and comprise "all cases'' which the parties refer to it. The other has become to a large extent, like the English common law, jurisdiction is " all matters " speci::lly provided ~or . in. tr~ati~s sufficiently clear and definite to be admini tered by courts. ancl conventions in force. Where 1ts voluntary JUrisdiction IS There are some who contend there is no such thing as inter­ outside of treaties and conventions the term " all cases " is national law, and hence it is impossible to administer it. The used. Now, the term " cases " in legal p1·oceedings imports a fathers of our Constitution thought otherwise. The Constitu­ state of facts which furnishes occasion for the exercise of the tion, Article I, section 8, enumerating- the powers conferred on jurisdiction of a court of justice. The word "cases" as used Congress, specifically gives the following power: in section 2, Article III, of the Constitution of the United States To define and punish piracies and felonies committed on the high ha been construed as a subject on which the judicial power is seas and offenses against the law of nations. capable of acting and which has been submitted to it by a party in the forms required by law. It would therefore seem So, in 1787 the law of nations was definite and bad grown that the voluntary jurisdiction of the court upon cases referred sufficiently stable for our fathers to empower Congress to pun­ to it should be those ·which consist of a state of facts upon ish offenses against it. Against the contention of some in this which judicial opinion can be rendered. This would exclude country that there is no international law that can be admin­ political and indefinite questions not suitable for decision by a istered I point to the conclusion and action of the ablest body judicial tribunal. This fact seems to be further established by of men ever met and who included this provision in the Fed­ the directions-to the court contained in article 28, prescribing eral Constitution. the four principles which must g-overn the court in reaching The Supreme Court of the United States, commencing with its decisions. These provisions are as follows: Chief Justice Marshall, in some great decisions, has defined First. The court shall apply- and decided matters upon international law. Since this time international law has grown gt·eatly in scope, in usefulness, international conventions, whether general or particular, establishing and in definiteness. There can be no question but that the rules expressly recognized by the contesting States. court has before it under this provi ion ample law to render This provision makes it imperative upon the court to recog­ just decisions in many disputes. nize rules laid down by an instrument agreed to by both parties Fourth. The statute provides that the court shall apply- as binding upon them. The court's duty is limited to interpret­ subject to the provisions of article 59, judicial decisions and the ing and applying the e rules agreed upon. This is in accord­ teachings of the most highly qualified publicists ot the various na­ ance with judicial procedure and with the most elementary tions as subsidiary means for the determination of rules of law. 'principles of international law and justice. Article 59, which controls this paragraph of this section, is Second. The court is directed to apply- as follows: lntemational eustom as evidence of a general practice accepted as law. The decision of the court has no binding force except between the This must, of course, yield to the provisions of the first sec­ parties and in respect of that particular case. tion when the parties have agreed. Where the parties have not In adjudicating a case a previous decision of the court can agreed this is the principle to be applied in the decision of the be considered, but it is not conclusive except in that particu­ case. The parties may agree to nullify a custom which has lar case and can not dispose of any other case pending in the become general, and such ag1·eement must be interpreted to con­ court. The court is directed to consider the judicial decisions trol the decision. Custom is one of the great sources of inter­ of national courts, of other international, tribunals, and of its national law. Conventions, agreements, and practices assented own in reaching its conclusion. to by a large number of States afford evidence of such general This is in accord with the universal custom of courts. The practice as to constitute custom. In each case it is for the court, fact that the decisions of the court are not conclusive except in by examination and argument, to determine whether there is an a particular case may to some extent prevent decisions of the international custom of sufficient force to be considered ln the court from giving definiteness to international law. 'Vhile it determination of the case. A court is the best body that could may to a limited degree retard this, yet it is better for this to be utilized to settle international disputes the settlement of occur than that nations should be precluded by a decision of which must be determined by the existence of custom which the court in a case to which they were not parties and had no amounts to international law. opportunity to present their views and contentions. I believe The Anglo-Saxon Euglish-spe{lking people have had a most this provision is wise and ultimately will have very little, if happy experience in their courts determining the customs which any, deleterious effect in making the decisions of the court a have existed among the Anglo-Saxon people for years and giv­ great source of international law. ing them the force and effect of law in their decisions. The de­ These are the four principles of the statute providing what cisions of the courts preceded Parliament in fixing the rights the court shall apply in determining cases. These four prin­ of Englishmen and fixing their customs into law. Some of the ciples are the ones which should govern judicial decisions of the greatest rights of liberty and property possessed by Englishmen court upon international matters. The principles to be applied and their descendants have been derived from their common­ are only those which can be used in the determination of law courts in thus administering the law. The early acts of judicial questions and are not applicable to political questions. Parliament consisted mostly in declaring and making definite Since the statute used the word "cases," which implies a state the decisions of wise and independent courts. of facts to be decided by a judicial tribunal, and uses to settle Third. The court shall apply- these cases only methods which are applicable to judicial deci­ the general principles of law recognized by civilized nations. sions, the conclusion is irresistible that the voluntary jurisdic­ tion of the court, outside of matters of convention and treaty, is It should be noted that this provision provides for the prin­ limited to questions permitting of judicial decision. It seems ciples of law recognized by civilized nations and does not limit to me, therefore, that this tribunal, by its structure, by its it to international law recognized by civilized nations. It jurisdiction, and by the method prescribed for deciding cases, is say "law" without restriction or qualification. The source preeminently a judicial tribunal. It should be noted in this of law here contemplated embraces those broad rules and paragraph that there is a provision in article 38 as follows: ml.xims especially a sociated with the Roman und Anglo-Saxon systems of jurisprudence and which are common to the good This provision shall not prejudice the power of the court to decide a sense, conscience, and judicial systems of the enlightened and case ex aequo et bono, if the parties agree thereto. civilized portions of mankind. As it is a world court and de­ It should be noted in this paragraph that the jurisdiction signed to administer international justice and law to all nations, of the court is still confined to " cases " with all the import it must necessarily embrace in its system the principles of law that the term implies. This means that the parties. may agree and justice that are world-wide. It must include the many to let the court determine the " case " submitted according systems of law recognized among the enlightened nations of the to the broad principles of justice and right, unrestricted by world. Until international law is codified and accepted by the narrow legal rules and principles. In order to do this the par­ various nations, a better method of prescribing the principles to ties must have clearly and specifically so agreed when the gove1·n the court other than the two heretofore mentioned could case is submitted, otherwise in deciding the case the court will not be given than that expressed in this paragraph. The deci- be controlled by the provisions previously enumerated in thi.ll - sions of this court will go far toward making more definite paragraph. 1925 CO ... TGRES8IO_._~_._<\_L RECORD-SEX.A.TE 981

Mr. President, I have fully discussed this feature of the state the exact question upon which the advisory opinion is court becau ·e some of its opponent$ have · insisted that the asked. Notice of the request must be given to the members court, as con tituted, has no law to administer except its own of the court. members of the league, nations mentioned in the will and that it is thus a lawmaking and not a law-judging body. 1annex to the coyeuant, and any international organization It is insisted that the creation of a ·world Court should be po se:sed of information upon the matter. Public bearings are delayed until international law lms been codified, so that the ' held and full argument permitted by attorneys for parties comt would have a definite code or definite law to administer. affec-ted. 1\lr. Pre:::;iclent, if we are to wait until international law is The court reaches its conclusions by a majority vote and the codifi~l and l>e~ome . · l>indlng on a sufficient number of nations opinion is read in open court. The requests for and the ad­ of the world to make it operative before we have a Worl•l vlsory opinioM are printed and publh;hed in a special col­ Court, I am afraiu we would llaye to wait for centuries, anu lection. In rendering advisory opinions the court conforms as that neither you nor I not~ the next generation will witness near as possible to judicial procedure. The rules and action the cr£>ation of u world court. International law can only l>e of the court exclude any proposition that advisory opinions codified and made operuti\e by treaties and ~ternational may be rendered in an advisory sense or us advi&ing counsel agreements and conYentions. To get 48 nations of the world, for the council alHl assembly of the league. the number no\Y adherin6 to the World Court, to agree to this "'ben the court was preparing its rules one of the deputy codification would be .m undertaking requiring years for its . judges propo.:ed that the proceedings on request for an advi::;ory arcomplh;hment. Intcrnatioaal bodies have met and tried to opinion be ecret and that the opinion be communicated only codify e\·eu the law of prizes aner of Canadian courts possess juris­ i own will to administer law. I have fully argued the prin- diction to gi-re a(l'\'isory opinions. In England the judges ba ve I ciple.-; whi<:h mu t go,·ern tl1e comt in rendering its decisions. at times given Oilinions to the Go-rernment, and the Hou. e of I ba-re <.llscu:;sed the provisions contained in article 36, which Lords sitting as a court may still request judges to give such the court must apply in reaching its decisions. It states that opinions. The constitutions of Colombia and Panama confer the court must first apply conventions and rules expressly juri:·diction on the cow'ts of their respective countries to give recognized by tlte contesting states; second, international cus- advi. o-:.-y opinions. Since 1780 the con ..titution of ~lassacltu­ tom as evidenced by general practice accepted as law; third, setts has proyided for advisory opinions to be given by the the general principles· of law recognized by ciyillze(l nations; justices of its supreme court "upon important questions of and, founh, the judidal decisions and the teachings of the law and upon solemn occasions" at the request of eith~r most highly qualified publicists of the various nations, as branch of the legislature, also the governor and counciL sul>sidinry means for the determination of rules of luw. I do These opinions are construed pos ibly as opinions of the not know how a court could have the principles governing justices and not as a decision of the court, though they are its derisions better or more clearly expressed. Impro-rements published in the :\1assacbusetts Law Reports as tile opinions of might l>e made. but the directions given the court in the statute the court. As they are not binding a· decisions of the court are sufficiently clear and posithe to make it a judieial tribunal upon any question arising in the future, they may be con­ to ~Hlmiuh;ter la\\' and not make law. sidered more as the opinions of the justices than as decisions 1\lr. President, thi · Yoluntary juri ·diction which I have been of the court. These opinions possess a judirial character. dLcu:sing is the only jurisdiction the court would possess Similarly, the opinions given by the World Court are not respecting the t'nited States under the pending proposal for binding upon any case which might in the future arise. The adherence but there is another jurisdiction belonging to the giving of advisory opinions by the Supreme Court of 1\Iassa­ court whi'ch it is now exercising and which I desire to dis- chusetts has IJ.9t in any way detracted from its dignity, cuss, although it would not affect us, as it bas been the occa- influence,. or ability. The derisions of this court have long sion of oppo ~ ition to and criticL:m of this court by those un- l>een considered preeminently able among the decisions of our friendly. I allude to the advisory opinions delivered by the State courts. The constitution of Xew Hampshire has pro­ court. -ricled for such advisory opinions since 1784. the constitution of The court may give advisory opinions when requested by the Maine since 1820, and the constitution of Rhode Island sinee cotmcil and assembly of the covenant of the league. The plan 1842. In Tennessee the governor has been a utborizey the committee quil·~ the opinion of justices on certain que.;;;tions since 1868, of jurists included this pronsion: and m South Dakota since 1884. The constitution of Colorado The court shall give an advisot·y opinion upon any question or dispute I since 1 8~6 ha~ ~mpo ·ed t~e du~y. o.f ginng advisory o.~inions of an international nature referred to it by the council or assembly. 011 the c~ur~ ~tself, and Its opllliOllS ha-re aU the ~orce and ...... effect of JUdicial precedents. Delaware by statute srnce 1. [j2 This. pronsi?n m~de the g1n~g of .adviSory opmwns by the I bas impo '"'d on the chancellor and judges the duty of giviug court Imperatlre; It had no diScretion. ~he statute of the j opinions to the Government in certain case· and on certain court as. finally reco~nmende<:~ by the coun~ll to .th~ asseml>ly questions. Alabama recently passed a statute providing that and ~~ It to the varwus nations for adoption elmunated this the governor or either house of the legi. lature may petition tile pronswn. justires of the supreme court on constitutional qneatlons. The '!~us, the statute of the court does ~ot m~ntion advisory statute provides that the opinions ·hall not be binding, and tlte opllliOn:', but the court after careful consulerabon reached the validity of the act bas recently been confirmed by the eourt. co~cluswn that th~re we:e c~rtain c~auses of the statute. ~re- In Oklalloma where the death sentence is impo ·ed in a criminal atmg t.he court which by rmpllcation mcorporated the provisiOn case and no ap11eal from the .·entence has been taken, judge·· of. a~·tlcle 14 of the co"':'enant of the league on that subject of the criminal court of appeals are compelled by the statute Withm the statute. Article 14 of the covenant is as follows: to give an opinion to the go•ernor whether the sentence has The court may also give an advisory opinion upon any dispute or been imposed aud whether the trial, cou-riction, and sentence of question referred to it by the council or by the assembly. death haTe l>een in accordauce with the law of tbe land. - 1-'he court therefore decided that it would not be justified in While the practice of giving ad\isory opinions is not foil wed tah.ing the position that it would not in any case give an by our Federal Government or by a majority of ouT ;:)tate advisory opinion, !Jut that it remainetl for the court to deter- courts, ret it is not new and has many advocates for its ex- tension a. a means of preventing litigation and of creating mine whether it would or would not in any particular case, cooperation and uniformity withln the different branclied of after consideration of the nature of the question, give an the GoYernment. advisory opinion. Iu 1793 .President Washington and hi · Cabinet snl>mitteu 29 The incorporation of this provis~on in the statute by impll- important que~tions to the Justke ~ of the ~uprerne Court for cation left the matter of advisory opinions within the discre- llil opinion tb reon. Tile justices declined to give the opinion tion of the court. on the que8tion. submitted. as they could see strong arguments The court adopted rigid rules governing the rendering of again.st the propriety of deciding ca. ·e~· e ·trajudicially, and advisory opinions. Tlle rules pro-ride that the opinion shall be especially refused on the ground that tile power given by u 1e given by the full court after deliberation and permits the dis- Uon::>titution to the President ill calling ou lwads of depart­ senting judges to attach their opinions to that of the court. ments for opinions seem.· to Ila ve bee.n expressly confined to the The request for the advisory opinion :ffiUSt be in writing and executive departments. The fact that Pre::;iJent \Vashlngton 982 CONGRESSIONAL RECORD-SENATE DECE~IBER 17 called 011 the Supreme Court for such opinions clearly shows the assumption of any obligations by the United States under that at that time it was not considered as unusual or revolu- the covenant of the league. tionary. .Mr. President, I have discussed the statute that controls the There can be no reason why the United States should refuse court, the court's origin a11d orga11ization, its rules, its pro­ to adhere to the statute creating the World Court for the cedure, the competence of its suitors, the subject matter of its reason that it may, when it sees proper, give an opinion when jurisdiction, and its sanctions. I have answered satisfactorily, requested to do so by the council and assembly of the league. I hope, the objections that have been urged and the critici ms As previously stated, these opinions are not binding when that have been directed against the court in these respects. We gi"ren, and they could not affect the United States under the will next examine the actual work of the court. terms proposed for ratification unless the United States was a The most important of all things in connection with the party to the request for such an opinion. Much of the important court is how well, how successfully, how efficiently, how \YOrk of the court will be in rendering these advisory opinions. wisely, how justly has it disposed. of the disputes that have There had. been registered with the secretary of the league on come to it for decision and settlement. The judgments ren­ the 1 t of August, 192:5, more than 900 treaties, many pro- dered, the opinions given, must and should be the measure vi:-:ions of which the council and assembly must administer. In of its worth. These, more than exaggerated oratory for or on1er to justly and legally administer some of the provisions against it, disclose what the court is and what it offers in the of those tTeaties it is necessary that there should be legal future for the settlement of international differences. Judge in terpretations and decisions as to their import. When a the court by achievement, not by either fulsome compliment treaty has been legally and properly interpreted the council or partisan criticism. and a sembly can then properly act in the matter. There are :Mr. President, I hope the Senate will bear with me while facts in these trentie which must be determined definitely I describe as succinctly as possible the decisions and opinions before the council or assembly of the league can proceed to of the Permanent Court of International Justice, believing act or make settlements. There are definite questions of that they furnish the best refutation of the unjust attacks and law which must be fixed before dlsputes can be determined charges that have been directed against this court. by the council or the as. embly. There are many judicial mat- Since its organization in 1922 the court has rendered 18 ter. necessary to be justly and legally determined before the judgments and opinions. I shall discuss them in the order in council or assembly can act in matters conferred upon them by 1 which they have been rendered. tJ1e co1enant and the h·eaties. The first advisory opinion of the court was rendered u110n The Permanent Court of International Justice is a tribunal the request of the Council of the League of Nations in regard to which all these judicial matters can be properly referred, to the selection of two delegates by the Government of the and thus enable the cotmcil and assembly to proceed in dis- Netherlands to the third session of the International Labor charging their duties with legal precision and justice. Conference. It is impossible to overstate the ·rast and varied matters of Under the Versailles treaty members ef the labor organiza- world-wide im110rtance and significance that have been reposed tions were authorized to send to the International Labor Con­ by the many treaties in the League of Nations for settlement. ference four delegates, two to be government delegates and Each year ib: power. it influence, and its great value increase. ·two to be nongovernment delegates. In the selection of non­ Scarcely a tt·entr is made now in which orne di puted matter government delegates section 389 provides that they would be-- · is not either referred to the league or to the court for settle- chosen in agreement with the Industrial organizations, if such organl­ ment. It is imperative that there should exist a legal tribunal zatious exist, which are most representative of employers or work of high character, ability. and possessed of confidence to which people, as the ca.,e may be, 1n tlleir respective countries. these len·al and judidnl matters ran properly be referred. It , . i" far better for pence nnd ju. tice that such questions should The two _nongovernment d~lega~s had been named. m be ·ettlecl by a court than by political bodies. To deprive it 0f ~greement With three trade-umons m the Netherlands which, this field specially uitable for judicial determination would 1 m the aggregate, had 282,00~ memb~rs, but not in agreement be to destroy more than half of its usefulness. I with a Netherla~ds trad~-umon which had 218,000 members. Mr. President, before I conclude I shall discuss the advisory As the trade-umon not m agref:me~t bad more membership opinions rendered by the court, and I hope to convince the than any one of the o!h~r ~ree umons, and almost as much Sf' nate that the:e opinions have been wise, just, judicial, only as the three combined, It rns1sted that the ~o delegates nn~ed upon questions admitting of judicial determination, and that a nongoy~rnment h~d not been sel~cted m accordance w1th they have contrllmted to th~ reputation of the court and estab- the prov.IsiOn~ previou-.~y stated, .srnce they had not been Jished it in the confidence and esteem of the world. I shall selrected m agree~ent With this umon. . show that no political opinion has ever been rendered. I shall The court unanimou ~ ~Y c~ncluded that m a country where show that the.:;e opinions when rendered have been acquiesced there are several ?rg~mzations of emplo~ers and .work}?eop~e, in and have settled many acute and prolonged disputes. The I all of t~ese. orgamzatwns may be taken mto con. Ideration m d8{:i::;ion of the court succeeded where all other efforts and the nommation of ~he employer and workpeopl<=: delegate , not method, of settlement have failed. merely that one which has the largest ~emberslnp, even though Mr. President we will next examine and ascertain what that one may be the most repre.., entative. 'l~ he action of the sanctions are pr~vhled in the statute of the court to enforce its , Neth~rlands. Government was sustained, and ~he op~n.ion was deci:-;ions. The statute creating the court is silPnt in this a~qmesced J? .by all ~f th?se concerned .. ~lns dec1s~on con­ re ·peer, and the court's situation is not unlike that of the shtuted a. d1strnc~ clarification of the pron~10n an.d Will be of Supreme Court of the United ~tates. It depends largely, like great assistance m the futur~ to go-yern m nommating non­ our Supreme Court in its decisions between 1tate. of this government dele!?a~es to the mte~·natlonal labor ~onference. 'Pnion, upon the compelling pbwer of public opinion. No pro- The second opmwn of ~e court was re~dered m pm· u~ce vi~ion is made in our Constitution for tl1e enforcement of a of a request of the council on the question whether the m­ d<> cree against a State, yet the States have invariably accepted ternati~nal labor orga~i~ation extended to the international the deci:-;ions of the Supreme Court. reg?latwn of the conditions of labor of persons employed in The protocol to the statute contains no suggestion of force agriculture. m· compulsion to be used in enforcing its judgments. The court Proper notice was given to all concerned, and after full ba no ·heriff, no armie , no navies to execute it· will. It is argument and consideration the court decided that the powerless to invoke force. The court renders its judgment and language of the treaty of Yersailles was free of any am­ must rely upon the moral sanction of public opinion or infln- biguity on the point and the labor of persons engaged in agri­ ences entirely out ide of the court for enforcement. It is culture were included under the competence of the interna­ belleved that the inherent authority derived from a judgment tional labor organization. rendered by a court of such high character and independent The third opinion rendered by the court in pursuance of a po ition will be accE>pted and carried into effect. It is believed request of the council was for the court to give a supple­ that moral pressure will constitute an effective guaranty for mentary opinion on the following que tion: Doe. examination the execution of the court's decrees. or proposals for the organization and development of methods The only sanctions that exist for the enforcement of the of agricultural production, and all other que::-tions of like judgment of the court are to be found in the covenant of the character, fall within the competence of labor organizations? league. and these are only binding upon its own members. The court expre~sed the unanimous opinion that while the They do not affect the state not members of the league. In order organizations and development of "means of production" are to relieve any apprehen ion that may exist in this respect the not committed to the international labor organizations it i pendin~ resolution specifically provides that adhesion by the not necessary for the o1·ganization to exclude totally from its l nlted States to the protocol shall not be taken to involve any 1 consideration the effect upon production of measures which legal relation on the part of the United States to the league o~ it might seek to promote for the benefit of workers. The court 1925 CONGRESSIONAL RECORD-SENATE 983

found it impossible to pass upon the labor organization's com­ the Russian Government to execute its guaranties and agree­ petence as to "other questions of like character " ; that this ments and asked the council of the league to consider the was entirely too indefinite and not a specific matter for de­ question with a view to arriving at a satisfactory solution to cision or.opinion. The court thus clearly mdicated that it was the two parties concerned, and also to ascertain if one of the not an advisory body but a deciding body. members of the league which is in diplomatic relations with The fourth opinion of the court was rendered in what is the Go1ernment at .Moscow might not ascertain that Govern­ popularly known as the Tunis-Morocco nationality question. ment's intentions in that respect. The Esthonian Government :France had issued decrees applicable to the French zone in exchanged notes with the Russian Government and invited Tunis and Morocco, which decrees in their application affected the latter to submit the matter to the council. The Russian British subjects residing in this zone. Great Britain insisted Government replied that the Eastern Karelian question was to that these decrees should not be operative against British sub­ be regarded as one of a purely domestic character and insisted jects residing in the zone on account of existing treaties with that the provisions of the treaty and declarations were only France and the fact that France exercised a protectorate over intended as information regarding a situation already existing. Tunis and l\Iorocco which were held under treaties with Great The Finnish Government later addressed a letter to the Britain and other nations. France insisted she had a right to council of the league expre ·sing a desire that the council issue decrees governing Tunis and Morocco as a sovereign in request the Permanent Court of International Justice to adju­ its own territory, and her decrees being limited in application dicate not only upon the legal a·spect of the question but also to this territory was entirely of a domestic character and upon the other differences of opinion as to which this question presented no question of international character whatsoever. had gir-en rise. On April 21, 1923, the council decided to ask The issue between England and France upon these decrees be­ the court for an advisory opinion on the following question: came very acute, produced much irritation, and was fast drift­ Do articles 10 and 11 of the treaty of pl'ace between Finland and ing into a most unfortunate situation. Russia, signed at Dorpat on October 14, 1920, and the annexed decla· The council of the league took cognizance of the matter and ration of the Russian -delegation rl'garding the autonomy of Eastern at the solicitation of Great Britain and France requested the Karelia, constitute engagements of an interlh'ltional character which Permanent Court of International Justice to express an opinion place Russia under an obligation to Finland as to the canying out or upon the following question : Whether the dispute referred to the provisions contained therein? above is .or is not by international law solely a matter of do­ mestic jurisdiction. The dispute had become so acute and im­ The question thus submitted was the interpretation of a portant that an extraordinary session of the court was called treaty and the declarations accompanying it between two gov­ to consider the matter. ernments and was clearly a matter permitting of a judicial Although the matter was before the court for an advisory conclusion. Notice was given to all the members of the league, opinion, it was dealt with as if it had been a contested case the nations mentioned in the annex to the covenant, including between Great Britain and France, and it was elaborately the United States. Kotice was also given to the Russian Gov­ presented by both Governments. The arguments before the ernment. To this notice :M. Chicherin, the Commissary for court consumed five days and 20 meetings were held during the Foreign Affairs of the Russian Government, replied stating that session of the court. the Russian Government found it impossible to take any part The court concluded that while a state possessed an exclusive in the proceedings, which were without legal value, resuming jurisdiction in regard to nationality questions in its own terri­ the position previously taken, and repudiated the claim of the tory, the question whether this extends to protected territo-ry right of the League of Nations to intervene in the question of is a question of international law and that the situation in the internal situation in Karelia. Tunis and Morocco being controlled by many treaties between The court heard the representatives of Finland on the com­ France and Great Britain and other nations, that the dispute peten in giving advisory removed as a disturbing factor in international affairs. The opinions, depart from the essential rules guiding their activity as a question submitted to the court was strictly a matter for court. judicial decision and the conclusions reached, and the settle­ ment afterwards made, evinces the competency of this court This opinion was not acquiesced in by the council; but it did as a means of disposing of international differences. No one not affect the court. can tell how long the matter would have been prob·acted nor This decision clearly established that the com·t is oot subject e timate the extent of the irritation which would have been to the council or the assembly, but is an independent body, engendered between Great Britain and France, if this court uncontrolled by the council or the assembly of the league, and had not existed and pronounced the law covering the case, exercises the right to give advisory opinions, and that in giving which finally settled it and was acquiesced in by all. Wars advisory opinions it will be controlled by judicial procedure have been · engendered by issues far less important than this and principles. This position has enhanced the reputation of one. the court and increased the confidence and esteem held for it as a world tribunal, free and independent. The fifth opinion given by the court was upon what is known The sixth action of the court was in a decision in the Kiel as tile Eastern Karelian question. Canal case. This case arose as follows : A British steamship A treaty of peace was concluded between Finland and nussia. had been chartered by the French armament concern, loaded Articles 10 an5} 11 of this treaty referred to " the autonomous with war material and sought to go through the Kiel Canal to territory of Eastern Karelia " and confers certain rights on Poland in orcler to furnish war supplies to the Polish Govern­ the Karelian population of the " Governments of Archangel ment, which was then at war with Russia. Germany refused and Olonetz," "which shall enjoy the national right of self­ permission for the vessel to go through the Kiel Canal on the determination." At the general meeting of the peace delegates ground that it violated the neub·ality which it had declared in a declaration was inserted in the proc~s-verbal on behalf of the the existing war between Russia and Poland. France and Russian delegation by which certain rights were guaranteed Great Britain insisted that under article 380 of the Versailles to the Karelian population of the Governments of Archangel treaty the Ye sel was clearly entitled to have pas age through and Olonetz. the canal. Article 380 is as follows : On December 31, 1920, rtl tifica tions of the treaty were exchanged at Moscow, but the proces-verbal of the exchange The Kiel Cnnal and its approaches shall be maintained free and open does not mention the declaration made by the Russin.n dele­ to the vessels of commerce and of war of all nations at peace witb gation at the general meeting. The Karelian population arose Germany on terms of entire equality. in insurrection, complaining of the nonexecution of the guar­ Under the treaty of Ve1-sailles jurisdiction in this matter was anue ~ and the Finnish Go-.;·ernment addressed a letter to the conferred on the court. The Council of Ambassadors had Council of the League of Nations complaining of the failure of sought to take jurisdiction of the matter, but Germany pointed 984 CONGRESSIONAL 1\EOORD-SENATE D ECEMBER. 17 I out that the treaty gave jUI'isdiction to the court, and hence hould decide that the matter wa within the competence of on J anuary 16, 1923, application was made to the court by the the council, to decide whether Poland had acted in these mat­ Briti h, French, Italian, and J apanese Governments to give ten; in accordance with her int~rnational obligations. Notice judgment whether the German authorities reasonably refu e els of war by the equality pro1isions of the minorities treaty, and that the belonging to nations at peace with Germany. The eonduct of tr<'aty of Yersaille · did not diminish thi protection, and that the Suez and Panama Canal. were reviewed and demonstrated neither it nor the armistice hall forbidden the Prussian state that the pas age of ves:els of this character in time of war was to proceed to confirm the acquired rights with the deed issued not regarded as incompatible with the neuh·ality of a 1·iparian after XoYember 11, 1918, and that the leases concluded prior sovereign. Germany was held to ha1e no duty to Rus~ia to to No•ember 11, 1918. were not affected by the transfc1· of refu. e access to this vessel but a definite treaty duty to permit so1ereignty and remained in force. passage through the canal. This question had been one of The court fully sustained the rights of these Ger.ma.n holders prolonged diplomatic di cus::,;ion and agitation, but wa · and eonclulletl that the position taken by the Polish Govern­ promptly di po ed of when presented to the court. Tl1e ded- ment was ' not in conformity with its international obliga­ sion has been acquiesced in by all. It furnishes another tions.'' This opinion was acquie. ced in by Poland and. she illustration of the efficiency of the World Court in dispo~ing made her policy conform with the law enunciated by the court of international disputes. the evictions ceased, and the ver ons who had been evicted The seventh opinion gi•en by the court i::; known as that of were <:Oinpensated. Thus. by the decision of this court a most the German settler in Poland. The opinion was occasioned delicate and difficult international matter was disposed of by the following facts: amirably. While Poland wa. a part of Germany, German colonists had .Ur. President, it should be noted that this opinion and all entered Poland anu made contracts with the German Go-.ern- previous ones were based on the interpretation of treaties ment for public lant.ls in Poland owned by the German Gov- aml laws and were in thorough aecord with judicia1 proceed­ ernment. By the treaty of Yer~ailles, which became operative ing. and decisions. The court again pro1ed iLelf a most June 10, 1920, the right of the German Government to the e important and efficient tribunal for the settlement of large and lands were transferred to Poland. The Polish authoritie irritating international differences. It should also be noted refu:::ed to recognize the leases to the.:;e Gf'rman colonists, al- that this decision was made in fa,or of Germany's contention, though made prior to November 11, 1918, the date of the although she was not a member of the league, and in oppo ·ition armistice. and although payment had been made upon the to Poland, a member of the league. 'l'his indicates clearly lease~ and the parties were entitled to deeds but had not that membership in the league can in no way affect. the deci­ acquired the deeds from the German Go•ernment. Under the sion of this high court. Germun law these eolonists could ba\e ued the German Gov- The eighth action of the court was an opinion upon the ernment and obtained deed . Poland contenident there both on NovemlJ€r 10, 19:!0, when the treaty became were made by the Polish · Gon~ rnme!1t of German colonist"' l:'ffective, and on the date of birth of the individual. from these land~ uncler thi' . tatute. The right of a Yery large population were im·ol•eUbject whose par­ Ge1·ma.ny. ent· were habitual residents of Poland !lt the date of birth of The matter was producing great friction between Poland and the per on cone rued. It was an important matter to the Germany, and the gravest apprehensio.ns were felt. As Poland persons concerned in the dispute. If they were Polish sub­ had made certain agreement~ under the so-called minorities jects they ''ere entitled to certain rights under the minorities treaty of June 28. 1919, for the prote<:tion of German coloni ~ tR, treaty. If they were German ~ubjects tlley were not entitled and had con .. ente

habitual residence of the parents at the date of the birth of The decision was acquiesced in and settled a matter which persons concerned," and that to allow the Polish contention had been disturbing the relations between Poland and Czecho­ that the parents of the individual must ha\e been habitual slovakia since the peace conference at Versailles. This opinion residents not only at tile birth but also on JanuJ.ry 10, 1920, was upon strictly legal matters-the interpretation of treaties, would amount to an addition to the text of the treaty, and that agreements, and assurances li;sued by governmental bodies. it would have the effect of depri\ing Poli b nationality to the Again the court showed its independence in denying to the con­ persons born in Poland of parents habitually resident there at ference of ambassadors, one of the most potential political the time simply becau ·e the parents were. dead on January 10, bodies in the world, being the successors of the supreme coun­ 1U20. It decided that the clause was clear and explicit and cil of the allied and associated powers, the right to change its that the additional conditiolis contended for by Poland would final decision in an important matter. require a reconstruction of the text of the treaty. This opinion The next matter determined by the court was a judgment in establi bed permanent nationality to Germans born there, was reference to concessions made in Palestine. acquiesced in, and settled this difficult and delicate matter. A Greek had obtained concessions from the Turkish Govern­ Again, in giving its opinion the court confined itself to an ment prior to October 29, 1914, the date of the outbreak of the interpretation of the treaty, followed judicial procedure, and war between Turkey and the Allies, relating to the construction gave an opinion on the judicial question submitted. of an electric tramway and the supply of electric light and The next opinion given by the court was upon what is known power and of drinking water in Jerusalem. On January 28, as the Jaworzina question, being a complicated and protracted 191G, the same Greek had obtained concessions for similar controversy between Poland and Czechoslovakia as to the rights undertakings at Jaffa. As a result of war, Palestine passed. in that part of the territory of Spll:z, where the Jaworzina under the control of Great Britain. Great Britain subsequently district is situated. This dispute had been before the confer­ made the treaty of Lausanne with Turkey, and on July 2-t, ence of ambassadors and the council of the league long and 1922, accepted a mandate for Palestine under the League of continuously and seemed impossible of settlement; finally the 1\ations. council, at the request of representatives of the two Govern­ The Greek Government made representations to the British ments, referred the matter to the court for an advisory opinion Government, insisting that the concessions to the Greek sub­ on the following question : ject should be recognized by Great Britain under the treaty of Is the question of the delimination of the frontier between Poland Lausanne, and under the mandate for Pale~tine conferred upon and Czechoslovakia still open; and if so, to what extent; or should and accepted by Great Britain. Upon the refusal of the British it be considered as already settled by a definite decision subject to Government to accede to the request made by the Greek Govern­ the customary procedure of marking boundaries locally, with any ment, the Greek Government made application to the Per­ modifications of detail which that procedure may entail? manent Court of International Justice to consider the matter, In the settlement of thi dispute between Poland and Czecho­ stating in its application the grounds upon which it based the slovakia it had been decided in 1919 that a plebiscite should claims for its citizens. be held in the Spisz district which was to determine the owner­ The court gave notice to the British Government and pro­ ship between the two nations. At the Spa conference in July, ceeded to hear the case presented. The court was composed of 1920, this arrangement was suspended. On July 28, 1920, a 11 judges, with the addition of a Greek national judge because frontier line dividing the district between Poland and Czecho­ of the fact that the permanent membership of the court did not slovakia was decided upon by the conference of ambassadors, include a Greek citizen. The question came before the court subject to such modifications as might later be made on the first upon the demurrer on the part of Great Britain to the I'ecommendation of the delimitation commission which was application filed before -the court, on the ground that the court created, and this decision was accepted by both Poland and bad no jurisdiction to entertain the proceedings, first, because Czechosloyakia. On November 6, 1921, Poland and Czecho­ Great Britain had not given her consent to the jurisdiction of slovakia agreed to t3ettle the question on the commune of the court, and, econd, because it was not a dispute between two Jaworzina within a period of six months by means of a direct states, but one between a state and a citizen of another state, and friendly agreement between the two Governments. On and that it had not yet sufficiently developed that the dispute December 2, 1921, the conference of ambassadors directed that could not be settled by negotiation. the Polish and Czechoslovakian Governments reach a decision The matter was fully argued and considered and the judg­ by January 15, 1922, authorizing the delimitation commission ment of the court was delivered August 30, 1U24, by a ma­ to carry out the decision of July 28, 1U20. jority of the court, and it was held that under article 36 of the The Polish Government contended that the agreement be­ statute the court had jurisdiction to hear and determine- tween Poland and Czechoslovakia of N OYember 6, 1U21, and the all casf's which the parties referred to it, and all matters specially subsequent action of the conference of ambassadors of December provided for in treaties and conventions in force-- 2, 1921, directing that Poland and CzecbosloYakia to settle, had changed the situation and destroyed the action of the ambassa­ and that article 26 of the mandate conferred upon and acce-pted dors' conference of July 20, 1920, and that the matter was still by Great Britain provided that- open for settlement. Czechslovakia insisted that as nothing the mandatory agrees that if any dispute whatever shall arise be­ had been done under this agreement or this order and that the tween the mandatory and other member of the League of Nations decision made on July 28, 1920, concurred in by Poland, was relating to the interpretation or the application of the provisions ot final and all that was left to effect settlement of the matter the mandate, such dispute, if it can not be settled by negotiation, shall was for the delimitation commission to proceed to carry out its be submitted to the Permanent Court of International Arbitration. order. These contentions, as previously stated, were submitted by the council to the court for decision under the questions as The court held that this mandate constituted a convention previously stated. under the statute of the court, and that under it a dispute had After notice to all parties concerned and full argument, the arisen between Great Britain and Greece, a member of the court reaclled the unanimous conclusion that the decision of league, which it had been impossible to settle, and that the the conference of ambassadors of July, 1920, was of a final dispute related to the interpretation of the application of the character and the agreements of Poland and Czechoslovakia provisions of the mandate, and that while the dispute was were of such character as to give the decision of the conference originally between Great Britain and a citizen of Greece when of ambassadors the force of a contractual obligation entered the Greek Government took up the ca e of one of its s~bjects into by these two Governments. The court denied the Polish and resorted to international judicial procedure in its behalf, contention that the decision was of a partial character, and pro­ the state was in reality asserting its own rights and thus it ceeded to construe the effect of the dec~ion. It denied the became a dispute between the two states, giving jurisdiction to right of the conference of ambassadors, two years after the the court in this respect. date of the formulation of its decision, to give interpretations The court considered protocol 12, annexed to the treaty of upon the derision. It held that the undertakings of Poland and Lausanne, between Great Britain and Turkey, in which all Czecboslo\akia of November 6, 1921, and the action of the concessions that had been granted by the Turki h authorities conference of ambassadors of December 2, 1U21, did not reopen prior to October 29, 1914, were fully recognized. This pro­ the question nor in any way affect the decision rendered in \ision was sufficient to bring the Jerusalem concessions under July, 1920, as nothing had been · concluded under these. The article 11 of the mandate so as to confer jurisdiction upon the court held . that only the delimitation commission created by court, since these concessions were negotiated prior to that the decision of July, 1U20, had been given power to \ary the date, but it

Jaffa concessions and retained jurisdiction as to the Jerusalem settle these claims. A contention arose between Bulgaria and concessions, which was to be tried later upon its merits. Gre~ce befor~ . the arbitrators as to the terms of the treaty This was a very important decision, as there are 11 man­ making proVIsion for acts committed by the Bulgarian Gov­ dates which have been given by the League of Nations in ernment. The question aro e as to whether the text of the Asia, Africa, and the Pacific Ocean, and all of these man­ treaty authorized claims for damage for acts committed outside dates have practically the same provision , gi'ring jurisdiction the l!ulg~riU? territory before October 11, 1915, and in partic­ to the court. We can readily see the importance of this de­ ular lil districts occupied by Bulgaria after her entry into the cision, and it is of special importance to the United States war; and also whether the text of the treaty authorized claims :tince we have entered into agreements with most of these man­ for. damages incurred by allied claimants not only as regards datory powers, conferring upon us imilar rights posse sed by their property but also as regards their person arising out of the members of the league. The deci ions of the court must ill-~eatment, deportation, internment, or other similar acts. neces ·a1ily in these mandates be of great importance to us in Bemg unable to reach an agreement, the Bulgarian and Greek the future. It should be noted that this decision was against Governments decided to submit the matter for judgment of the Great Britain, the mo. t influential member of the league. The Permanent Court of International Justice. After argument and ded. ion furnishe proof of the court's independence. ~onsideration the court decided that the treaty should be The eleventh matter decided by the court was an advisory mterpreted as authorizing claims in respect of acts committed opinion on the que. tion of the Monastery of St. Naoun, re­ outside the Bulgarian territory as constituted before October garding the fixing of the frontier between Albania and the 11, 1915, and that damages incurred by claims should be ) Yuaoslavian State. a warded not only as regards their property but also as reo-ards Albania was created an independent state by the great pow­ their persons, and that reparation due on these grounds should ers in J913, and the powers were engaged in fixing the boun­ be included in the total capital sum due from Bulgaria to \ daries of Albania when the war broke out and the work Greece. cea ed. In 1919 the peace conference resumed the responsi­ The thirteenth action of the court was the rendering of bility. After admission as a member of the League of Na­ an advisory opinion upon the exchange of Greek and Turkish tions in 1919, Albania sought the assistance of the council of populations. the league to fix and define her boundaries. The peace settlement with Turkey, which was made at Lau­ The league sent a. commi 8ion of inquiry to Albania, and the sanne in 1923, was composed of many treaties, covenants, conference of ambassadors at Paris, which had succeeded the and protocols. On January 30, 1923, Greece and Turkey supreme council of the Allie.g in power for settlement of peace entered into a convention providing for the compulsory ex­ conditions, sent a delimitation commis ion to consider the change of Turkish nationals of the Greek orthodox: religion boundaries. Both of these commis ions encountered difficul­ e tabli bed in Turkey, and of Greek nationals of the Moslem ties in fixing the boundary between Albania and Yugoslavia in faith e tablished in Greek ten:itory. Article 2 of the Lausanne the region of the Monastery of St. Naoun. These disputes convention contained an exception to this compulsory ex­ came before the conference of amba ssadors at Paris as a body, change of nationals, which reads as follows : which, as previously stated, succeeded the supreme council of The following persons shall not be included in the exchange pro­ the Allies in the determination of such matters. The confer­ vided for in article 1: (a) .All Gre€k inhabitants of Constantinople; ence of ambassadors had before it the report of the commis­ (b) all Moslem inhabitants of western Thrace. .All Greeks who sion of inquiry of the league and the delimitation commission were already established before October 30, 1918, within the areas sent by itself. It proceeded to come to a decision after full under the p1·efecture of the city of Constantinople as defined by the argument and consideration of the claims of both Albania and law of 1912 shall be considered as Gre€k inhabitants of Constanti­ Yugos1avia, and on December 6, 1919, allocated the Monastery nople. .All Moslems! established in the region east of the frontier of St. Naoun to Albania. line laid down in 1913 by the treaty of Bucharest shall be considered Five months later the Yugoslavian Government sought a as Moslem inhabitants of western Thrace. revision of this decision and submitted the matter to the Council of the League of Nations for guidance, the conference To effect the exchange a mixed commission was provideu of ambassadors being unable to agree upon a solution. Al­ to supervise and facilitate the immigration of persons who bania resisted any further interference with the settlement were included, to consist of four members repre enting each that had been made by the confe1·ence of ambassadors, claim­ of the parties to the treaty, and three members chosen by the ing that it was final. Yugo lavia in i ted that it was not Council of the League of Nations. This mixed commission final and that there should be a revision of the decision, as was duly constituted, and in the course of its work a very many pertinent facts had not been fully considered when the seiious difficulty arose because of contentions made by the matter was so determined. At the request of the Yugoslayia.n Turkish Government. It should be noted that in the treaty Government the council was asked to submit to the Permanent all Greek inhabitants of Constantinople who were already Court of International Justice the question as to whether the established there before October 30, 1918, were excluded from decision of the conference of ambassadors of December 6, 1922, the compulsory exchange. Hence, in determining whether a was final in fixing the frontiers between Albania and Yugo­ Greek should be compelled to be exchanged or not, the que tion slavia. arose as to whether a Greek was established in Constanti­ After full argument and consideration the court handed nople prior to October 80, 1918, which was the day of the down a unanimous opinion that the conference of ambassadors armistice with ·Turkey. was the authorized agent of the principal allied powers, whose The Turks insisted that the word "established" in the treaty competence in these premises had been recognized by Albania, meant as established under the national law of Turkey. They by Greece, and by Yugoslavia. The conference of ambassa­ further insisted, that the interpretation of the word "estab­ dors was therefore compelled to decide the que tion ; and the lished," and who was a Greek subject, was a domestic question conference having awarded the monastm·y to .Albania by its and to be determined by the courts of Turkey. This conten­ decision of December 6, 1922, the decision was definite and tion produced a very acute situation, as many thousands of final. people and their entire future was involYed in the determination This opinion was adopted by the council of the league at its of the question. meeting in September, 1924, and transmitted to the conference The mixed commission, being unable to settle the matter, of ambassadors. Thus this disturbing matter was promptly appealed to the Council of the League of Nations to do so. settled when submitted to the court for decision. Again, in this On December 13, 1924, the council of the league a ked the decision, as in its prior decisions, the rights of the smaller state court to give an advisory opinion on the following question: were sustained against the larger and more powerful. What meaning and scope should be attributed to the word "estab­ The twelfth action of the court was a decision interpreting lished" in artiCle 2 of the conyention of Lausanne of January 31, 1923, the reparation clause in the treaty of Neuilly. reo-arding the exchange of Greek and Turkjsh populations in regard to The treaty of peace between the allied powers and Bulgaria which discussions have been put forward which are contained in the provided that all property possessed by Bulgarian nationals documents communicated by the mixed commission? .And what condi· within the territory of the allied powers could be used to dis­ tions must the persons who are de. cribed in article 2 of the conven­ charge the claims of any nationals of the allied powers against tion of Lausanne under the name of " Greek inhabitants of Constan· the nationals of Bulgaria, and in addition contained the provi­ tinople " fulfill in order that they may be considered a· "e. tablished " sion that this property may also be charged "with payment of under the terms of the convention and exempt from compul ory claims growing out of acts committed by the Bulgarian Govern­ exchange? · ment or by any Bulgarian authorities since October 11, 1915, Notice of the request wa ent to all members of the league, and before the allied or associated powers entered into the to the United States and other nonmembers named in the annex war." The treaty provided for arbitrators to be appointed to to the covenant, and to Turkey and the mixed commission. The 1925 CONGRESSIO:NAL RECORD- SE:NATE 987 matter was so urgent, the situation was becoming o acute be­ had sustained no loss by the granting of the second concession tween Greece and Turkey, that an extraordinary ession of the by the British Government, since the party was willing to court was con"fened on January 12, Hl25. The case was ably relinquish all rights under it where it oyerlapped the Greek and fully argued by representatives of the Govemments of concession. The court held also that the British Government Greece and Turkey and wa fully considered by the court. in granting the econd concession overlapping the Greek con­ On February 21, 1923, the court delivered a unanimous ces ion had violated an international obligation. opinion holding that the meaning of the word "established" The last action of the court was rendered recently in an was to be determined not in the ab ·h·act but as the word has opinion at the request of the council upon the boundary dis­ been used in article 2 of the con\ention. This was held to pute between Turkey on one side and Great Britain on the be a question of international law and not a question of other, acting for Iraq, over which nation Great Britain holds domestic concern between the Turkish administration and a mandate under the league. The dispute was regarding the the inhabitants; that article 2 of the convention operated to Pro\ince of Mosul, which was claimed by both Turkey and witltdra w pertions coTered by article 1 and the word " estab­ Iraq. When Great Britain and Turkey made peace at Lau­ lLlu• tining the term "e;~ tablished." The legislation of the Tm·k­ i:-:h Government did not exist in 'l'hrace, and hence the term In the e·n !nt of no agreement being reached between the two Gov­ ablished" nml't IJc consh·ued il'l'espective of any national ernments within the time mentioned, the dl:;pute shall be refen-ed to legi. ·lation of the Turkish Government. the Council of the League of Nations. The court therefore did not approve the Turkh;h contention The Turkish and British Governments reciprocally undertake that, that the con\ention required a Greek to be established accord­ pending the decision to be reached on the subject of the frontier, no ing to the Turkish legislation. The court held that this wa mUltary or other movement shall take place which might modify in no derogation to 'l'urkish authority, as Turkey had entered any way the present state o.f the territories of which the final fate into a treaty, which ti·eaty must be interpreted. The court wlll depend upon that decision. further dedded against the Turkish contention that the Turk­ Great Britain and Turkey were unaule to reach any i. h municipal courts should be left to decide the que tion, since friendly arrangement to settle this dispute, as provided in tile convention entered into with Greece conferred that func­ this article, and hence under its prodsions the matter went tion on a mixed commis ion, which wa · alone competent to to tile Council of the League of Nations for settlement. The :-:ay whether any Greek inhabitant was " established." The council was unable to effect a satisfactory settlement between eourt wa unwilling to go beyond the actual controversy in the disputing States. Turkey insisted that the matter was jnterpreting article 2 of the convention, not being in possession simply referred to the council as a mediatory or conciliatory of sufficient facts and information. . body, and not as a deciding body; that if the council was a This deci ion has enabled the mixed commi.~ sion to pro­ deciding body it must act by a unanimous vote, and that the ceea to di. ·charge its dutie ·, and settled a mo t complex and representatire of Turkey must sit and vote as a member of disturbing dispute. the council on this question. Under article 4 of the co\enant, The fourteenth ~H:tion of the court was rendered on March as Turkey had no representative in the council and Great 2G, 1925, in ghing a judgment upon the request of Greece to Britain bad one, Turkey had been invited to name one and give authoritative and detailed interpretation of tbe judgment had done so. Great Britain insisted that under the treaty the it hau previously rendered on September 12, 1924, upon the council was authorized to make a final decision in the matter, reparations clau:-:e in the peace treaty between Greece and and that its decision should be by a majority and not a unani­ Bulgaria. mou vote. The council requested the Permanent Court of Article GO of the tatute of the cotut provitle : International Justice to render an opinion as to the powers In the event of digpute as to the meaning or scope of the judgment given the council under the Lausanne treaty, and if it was the eourt shall construe it upon the request of any party. giwn the power to decide whether the representatives of Great Britain and Turkey are entitled to vote or not in the Bulgarhl made no objection to the application of Greece, and matter. When notified of the request for the opinion, Turkey hence ga-re as. ent to the matter being considered by the court, telegraphed to the registrar of the court that the questions on anti it compileti and submitted a memorandum commenting on whith- the Greek contention. It de-reloped that the contention between an ad vi ·ory opinion is asked are of a distinctly political character, Bulgaria and Gteeee did not relate to an interpretation of the and in the 'furkish Governmenfs opinion can not form ihe subject of c.lec ;sion rendered on September 12, 192-!, nor the pronsion of a legal interpretation and • * * there is .no need for it to be the treaty ,-.,-hiell wa .· submitted to the court for decision by repre en ted at extraordinary session of court. thnt agreement upon whic:h that decree had been ba ~ e

be noted that it rejected the contention of Great Britain that the that if such a court was constituted it would have only one decision should be by a majority vote of the council, altliough litigant, and that would be ourselves? Are we to be deceived Great Britain is one of the most influential members of the by the opponents of this court, who purpose, if possible, to -league. The court again exhibited its independence and encumber the resolution of ratification with amendments which fairness. would either diminish the court's usefulness or else compel the Mr. President, these are all the opinions and decisions of rejection of the reservations by other a senting nations, and the court rendered up to this time that I ha--re been able to thus prevent our adherence? obtain. I submit to the Senate that an examination of them The issue can not be evaded. It is either this court or none disclo ... es that the court is able, independent, painstaking, and other. The nations which enjoy its benefits are plea ed with it governed by wisdom and conscientiousness. The court is pre­ beyond measure and contemplate making to it no amendments, eminently posses ed of character, capacity, courage--these are no modifications. the qualitie that make for greatness alike of individuals and Mr. President, I am strongly persuaded from every moral of institutions. These decisions have confined themselves to consideration, from every material consideration, and from matters that permit of judicial determination. These opinions every political consideration of duty and responsibility, not and decisions have been mo 't effective in settling acute, im­ only to ourselves but to the world, that we should adhere to portant, and dangerou international disputes. Most of the this World Court, with the reservations suggested, and be one disputes settled by these opinions and decisions would have of the potential factors in shaping its destiny, in extending its continued open to-day except for the existence of this court. usefulness, in giving wisdom to its decisions, and in making it a The results of these opinions and decisions disclose how poten­ world temple of justice and law, where all nations can go to tial a world court is for the peace of mankind and for the have their international differences and diRputes decided. settlement of international differences. We must all com­ Mr. WALSH. Ur. President, I desire to inquire if, :in mend the ·wisdom and the state"'manship of the men who accordance with the practice rather extensively ob~rved, created this court and the peace-loving forethought of the 48 the Chair has been advised that any other Senator desires ·nations which have attached their signatures to the protocol to addre s the Senate on this subject? of the statute creating the court. Mr. CURTIS. M.r. President, if the Chair will permit me, It would be a deplorable day for the world if this court I have made some inquiry, and I understand there is no one 'should be destroyed, its u.'efulness lessened, or confidence in it else who desires to address the Senate this afternoon. I had impaired. It stands as one of the shining landmarks of re­ intended to ask that the pending resolution be temporarily cent years, promotive of world peace and betterment. It dis­ laid aside, and that the Senate proceed to the conside1·ation do. es that in the international :field the great principle of of legislative business, o Members may introduce bills, sub­ courts can be effective and can be instrumental in displacing mit resolutions, and so forth. war and settling disputes which otherwise would continue. Mr. WALSH. I did not desire to inquire particularly Private wars, feudal wars, conflict of clans, and the bloody about this afternoon, but whether any other Senator desires ·revenge of family feuds in nations have disappeared by the to address the body on rea. embling to-morrow. creation of the courts, thus enabling law and reason to control Mr. BORAH. Mr. President, if the Senator desires to where once force and hatred held full sway. The civilization address the Senate to-morrow, I shall be very glad to have of nations is measured by the extent that courts have super­ him do so. Otherwise, if I am in a condition to do so, seded force and violence. though I am now suffering with a cold, I shall speak myself. There are many who believe that courts in the international It would be very agreeable to me to have the Senator speak :field can be made effective in abolishing war and can be as to-morrow if he desires to do so. p9tential in the settlement of international differences as State Mr. WALSH. I have no desire to speak to-morrow if and national courts have become in the settlement of domestic the Senator wishes to speak. It would be Yery satisfactory disputes. to me to have him address the Senate to-morrow if he is The e:risting World Court is the effort of 48 nations to ac­ prepared to do so. complish this. It is the first court that has ever been organized Mr. BORAH. I would prefer, if the Senator fs ready, that world-\vide in its scope and in its aspirations. The question he proceed, because it is doubtful whether I can speak to· is submitted to us to determine whether we shall be one of morrow. I had intended to speak to-morrow, but am suf­ the nations aiding the· peace and progress of the world by fering somewhat from a cold; and if the Senator wishes to adhering to this court, and thus give it our moral support and go ahead, he can do so. countenance, or whether we shall stand aloof and refuse to aid Mr. WALSH. It will be entirely agreooble to me to leave the world in its efforts for the settlement of international it that way. If the Senator desires to speak to-morrow, I disputes by justice and law and not by force. I submit that shall ·be quite agreeable to that course. I merely desire to the court in its structure, in the character of the able judges give notice that if no one else wishes to speak on the subject who are its members, in its provisions and its opinions and to-morrow I shall ask to be heard. I feel that I hould state decisions, has proven itself worthy of the world's confidence in this connection that; for the relief of the Members of the and deserves the aid and maintenance of all peace-loving Senate as well as myself, I have planned to divide my address t people. into three parts and deliver only one part on one day. I Let us adhere and conform our practices to our preachments. shall seek a later opportunity to continue my remarks. I For more than half a century we have been the le.ading advo­ hope not to be obliged to detain the Senate on any one day cates of a world court, and to its creation our ablest states­ more than an hour or an hour and a half. men and jurists have devoted their best efforts. Are our Mr. BORAH. I shall follow the example of the Senator efforts in this direction earnest and sincere, or do they consist from Montana and divide my speech into several parts. of mere empty lip ervice? Is the Senate to reject a world Mr. CURTIS. I move that the Senate proceed to the con· court, a sentecl to by 48 nations, which court has been sub­ sideration of legislative business. stantially constructed on the plan of the court which at The 1\fr. FLETCHER. Mr. President, before that is done I Hague conference of 1907 the United States offered to the would like to have inserted in the RECORD a brief statement world? Have we no pride in establishing a reputation for by Edward W. Bok, published in Collier's Weekly, November consistency and sincerity? Are we to confine our efforts for 28, 1925, on the ubject of the World Court, and also a hort a world court to pleasing platitudes in its behalf as a means letter from Mr. Myrick. for peace and the outlawry of war and to be induced by fervid The PRESIDING OFFICER (Mr. GLASS in the chair). eloquence to consume years and years in the fruitless chase Without objection, it is so ordered. of the will-o'-the-wisp of an ideal court through the marshes Tbe matter referred to is as follows: of a wrangling and contentious world? Are our fears to be Jl'ST A BIT CUTIIOUS, ISX1T ITf appealed to and the whispering dangers to frighten us to re­ ject adherence when the pending resolution, with its reserva­ (By Edward W. Bok) tions, is sufficient to silence every fear, relieve every appre­ It is now 18 rears ago that a company of distinguished Americnns hension, and protect every possible right? Are we not sa tis­ went to 'l'he Hague and said to a group of nations assembled there: tied that our President and two-thirds of the Senate are suffi­ "We have an idea for you. You may have heard of a court that cient in every case to protect us from every possible danger we have in America called the Supreme Court of the United States." and from the perpetration of any possible wrong? Are we to The nations all nodded. One nation commented: "The greatest . be induced to reject this court in pursuit of a court which tribunal ever set up in the world." has no existence except in the imagination of some fervid ·' Well," said the United States, " why not have a world court minds? Are we to abandon a substance in a wild adventure like it and all the nations join it; a permanent court to whlch a for a shadow? Are we to be misled by the flattering appeal nation can go if it has a difference, just as an individual or a cor­ for an American court, when reflection would convince us poration can go to our Supreme Court i " 1925 CONGRESSIO:N AL RECORD-SEN .A.TE 989

The nations were impressed. But the idea was too new and a bit The PRESIDING OFFICER. The Senator from Kansas too large. moves that the Senate proceed to the consideration of legis­ "Let's try another kind or a court first," they said. So The Hague lative business. came to be. • The motio.n was agreed to, and the Senate resumed its legis­ ".All right,'' said the United States, "better that than nothing. lative session. Let's all join." And everybody did, including the United States. The Ha.gue court didn't work out, just as the United States knew CLAIMS OX ACCO~T OF COLLISIOXS WITH ~ITED STATES VESSELS it wouldn't. So eight years aften1ards the United States tried its (S. DOC. XO. 24) original idea on the world once more. This time the nations saw The YICE PRESIDE~T laid before the Senate the following more cleady, and the plan was accepted. But agreement on how the message from the President of the "Lnlted States, which was judges were to be selected could not be reached. So once more the read and, with the accompanying papers, referred to the Com­ world court came nlmost into being, but not quite. mittee on Foreign Relation and ordered to be printed: The di:;:;puted point was referred to Elihu Root to work out. He To the Congress of the United States: did. So, once mor· , 13 years afterwards, America went back to The Ilague--r·emember, please, for the third time. Th1s tim~in 1920- I tranf-:mit herewith a report from the Sec.retary of State in the war· had been fought and the world bad begun to see the greater relation to the following claims presented by the GoYernments J need for sucl1 a court. Mr. Root's statute was adopted, and, with a of Denmark, Sweden, and Norway against the Government of ft:.>w Eght change , the plan was accepted. The Wotld Court came the United States on account of damages sustained by vessels • into lJeing. owned by their nationals in collisions with vessels in the public "i!Ir. Root's World Court;• some called it. service of the United States: Aruel'ican to tht> ~ot·e. 1. The claim presented by the Government of Denmark on Now, mark this well: account of losses sustained by the owners of the Dani ·h steam­ And, incidentally, don't think this an allegory or a parable. It i3 F:hip Jia~ anedsnnd as a re ·ult of collisions between it and the a r·ecitul of actual facts. For 31 years the United States worked, off U. S. S. Siboney and the U. S. Army tug Ko. 21 at St. Nazaire, and on, to get over to the nations of the world its idea of a great France. permanent court. 2. The claim presented by the Government of Sweden on ac­ count of the losses sustained by the owners of the Swedish Finall~·. wllen it did, the world said: ".A. great idea," and 48 nations in all joined it. Tlle big nations, too-Great Britain, France, steamship Olivia as a result of a colli. ion between it and the 1 U. S. S. Lak-e Sa.in,t Clai1-. Italy, Japan, the 1 etberlands-all of them. "Great," Theodore Roosevelt said when he was President. 3. The claim presented by the Government of Norway on ac­ " Splendid," said William Howard Taft when he was President. count of the losses sustained by the owners of the Norwegian "Fine," said Woodrow ·wilson when be was President. steam hip John Blumer as a result of a collision between it and "Wonderful,'' said Warren G. Harding when he was Pr·esident. a barge in tow of the U. S. Army tug Britannia. 4. The claim presented by the GoYernment of Norway on " Ver~· needful," said Calvin Coolidge. Five Presidents of the United States indorsed it. Naturally; why account of the losses sustained by the owners of the Norwegian shouldn't they? It was an American idea, and three of them had bark Janna as a result of a collision between it and the Westwood. bad a band in it. U. S. S. Then, what? I recommend that appropriations be authorized to effect a The r;nited States didn't join the court. It never bas. settlement of the ·e claim~ in accordance with the recommE>nda­ Mind you, after all the work of its own leading men whose con­ tion of the Secretary of State. ct>ption it was, wllo outlined its plan, who suggested the court's CALVI~ COOLIDGE. THE ·WHITE Hou-sE, Decembe-r 1"1, 1925. jurisdiction, who advocated, pressed, and urged it for ~6 years-ever since 1898! PETITIOXS And America not a member ! ~Ir. CAPPER presented a petition, numerously signed, by Disowning its own court-it~ own child r The world stood amazed. sundry citizens of Rice County, Kans., praying for tile par­ ticipation of the United States in the Permanent Court of Do ~·on wonder? It is just a bit eurions, isn't it? International Justice under the terms of the so--called Harding­ Hughes-Coolidge plan, which was referred to the Committee on There is also another word for it. Foreign Relations. Mr. WILLIS pre. ·en ted a petition of sundry citizens of Cleve­

8PRIXGFIEL01 MASS., December 5, 19!5. land, Ohio, praying for the participation of the United States Hon, Dl:XCAX U. FLETCHER, in the Permanent Court of International Justice, which wa::J The Senate, n-ashington, D. C. referred to the Committee on Foreign Relations. MY DF:.u: SE:SATOR: You will be intensely inte1·e.sted to know that by Mr. BIXGH.A..l\1 presented a petition of 95 citizens of Yales­ a vote of ::!,089 in favor to only 1 against that number of citizens of ville, Conn., praying for the ' immediate participation of the thls city, representing all phases of its life, after a public forum on the United States in the Permanent Court of International Jus­ subject in our noble auditorium, under the auspices of the Young Men's tice, which was referred to the Committee on Foreign Rela­ Christian .\.ssociation, by the above practically unanimous vote re ·pect­ tions. fully petition your good self and the whole body of Senators-to put the He also presented resolutions adopted by the Temple Sister­ 'United States into the World Court forthwith. hood of the Congregation of Beth Israel, of Hartford; the Personally I will add that, in my judgment, the voting men and Woman's Club of New HaYen; the Sisterhood of Temple women throughout the country favor with equal unanimity United Israel, of Waterbury; a mass meeting of citizens of Bridge­ States membership in World Court. port; a mass meeting of citizens of 1\liddletown, and of mem­ \'ery sincerely yours, bers of the congregation of the Blue Hills Baptist Church, of HEUBERT I\IYniCK, ~ Hartford, all in the State of Connecticut, favoring the partici­ President and EdUor in Chief. pation of the United States in the Permanent Court of Inter­ national .Justice, which were referred to the Committee on Mr. SWAN SOX. Before we go into legislative session I want l!'oreign Relations. to ha>e it understood, so there will be no questiOll -abont it, that l\lr. ROBINSON of Arkansas presented a resolution adopted the World Court resolution continues the unfinished busine ·s by students of Henderson-Brown College, of Arkadelphia, in open executive session. Ark., favoring the partidpation of the United States in the :Mr. LE~""ROOT and others. That is under tood. Permanent Court of International Justice, which was referred Mt·. BORAH. Of course, it is understood, becam~e that is the to the Committee on Foreign Relations. p1rliamentary re~ult. He also presented a resolution adopted by the Arkansas De­ Mr. SW.A...~SON. Yery well. partment of the American Legion, fayoring the passage of LEGISLATIVE BCSINESS legislation establishing a military air service . eparate and independent from the Army and Navy, which was referred to 1\Ir. CURTIS. I renew my motion that the Senate proceed to the Committee on 1\Iilitary Affairs. the con ideration of legiRlative business. I do this because a He also presented a resolution ado[lted by the Arkansas De­ number of Senators haYe bills and joint resolutions which they partment of the American Legion, faT"oring the passage of destre to introduce, and the Senator from Louisiana [l\Ir. legislation providing for universal draft and training, and also RANSDELL] advi. ed me that he wishes to make some remarks the draft of capital and material in war, whick was refened for a few moments on the deyelopment of waterways. to the Committee on Military Affairs. CONGRESSIONAL RECORD-SENATE DECEl\IBER 17 990 .

lie also presented n letter and brief in the nature of a Senate Joint Resolution 11 (by Senators Toll, Warren, Dannister, petition from F. H. l\litcheU, of Wa<.::hington, D. C., praying Elliott, Fairfield, Hunter, McFadeean, Coltman, and W. W. King, and for the passage of legislation amending the war minerals re­ Messrs. Mobley, Tempel, Bigelow, Johnson, and Moffatt) concerning lief act, which was referreu to the Committee on Mines and the Permanent Court of International Justice Mining. Whereas the people of the United States, by a large majority voto. He also presented a petition of the Drekolins-.A.Tythistos have indorsed a platform advocating the participation of the United Shipbuilding Co., of New York, N. Y., praying for an investi­ States ~n the Permanent Court of International Justice, and have ~ation by a committee of experts, before whom demonstra­ elected a President who has declared for such participation; and tions may be given by means of a working model, of the prac­ Wher·eas President Coolidge has defined peace as a reign of law, and ticability of an inTention known as the "ATythistos," being a ha expressed his approY"al of the participation of the nited States deTice to preTent ships from sinking, which was referred to in the Permanent Court of International Justice as a step in the ad­ the Commiftee on Naval Affairs. vancement of world peace: Therefore be it He also pre:-;ented the }Jetition of 1\fark L. Jacobs, of Vista Resolved. by tlle Senate of the Twenty-fifth Ge'llet·az Assembly of tl!e Height·, Hot Springs, Ark., praying for the passage of legisla­ State of Colot'(ldo (the House of Repn~senta.tives concurring)- tion to 1Jlace retired enlisted men, who were called to active !. This legislature commend~ and indorses the position of Pre ·ident serdee and commissioned during the Worlf cotton that \Till be consumed in the United report to the Senate at as early date as may be practicable t11e fol­ States and the number that wlll be exported; and lowing information: A bill ( S. 1798) to provide for the collection of corr~t and First. The total number of the National Guard, and how divided in reliable information on cotton acreage; to the Committee on the various military branches, namely, how many in the Infantry, Agriculture and Forestry. Cavalry, Air Service, and other serTices. By 1\Ir. CAPPER: Second. How the National Guard troops are allotted with respect to A bill (S. 1799) to enable persons in the United States to States, namely, the number of National Guard soldiers, enlisted m~'u engage in cooperative purchasing, for importation -into the and officers, in each State. United States of raw commodities, which are produced prin­ Thira. What States are maintaining their allotments in whole or in cipally in foreign countries ; to the Committee on Commerce. I part. By M1·. SHORTRIDGE: Fourth. The several amounts of money expended in each State f<>r A bill ( S. 1800) to provide for cooperation with the seYeral its National Guard. States in the prevention and conh·ol of drug addiction, and Fifth. How many air squadron· in the National Guard, and where the care, treatment, and rehabilitation of drug addicts, and located, and the numerical strength of each, officers and men. for other purposes ; to the Committee on Finance. Sixth. The total amount of money authorized by law for the National By Mr. OVERMAN: Guard during the year closing June 30, 19~5, and the total amount A bill ( S. 1801) granting a pension to Sallie Radford; to spent during that year. the Committee on Pensions. Seventh. The total amount of money spent for the Air Service in the By Mr. ROBINSON of Arkansas: National Guard for the rear ending June 30, 1925, and the amount A bill (S. 1802) to amend the act approved March 4, 192.3, contemplated for the National Guard Air Service during the present entitled "An act to continue the improvement of the Missis­ fiscal year. sippi RiYer and for the control of its floods " {Public, No. 528, 67th Cong.) ; to the Committee on Commerce. The PRESIDING OFFICER. The Senator from Tennessee By Mr. McKELLAR: asks unanimous consent for the present consideration of the A bill (S. 1803) for the relief of Walter W. Price; to the resolution just read. Is there objection? . Committee on Claims. · Mr. CURTIS. :Mr. President, I want to ask the Senator A bill ( S. 1804) for the purchase of a post-office site and the from Tennessee a question. Has the Senator included in th erection thereon of a suitable public building at Dickson, resolution the amendment suggested by the chairman of the Tenn.; to the Committee on Public Buildings and Grounds. Committee on Military Affairs (Mr. ''ADS WORTH]? A bill (S. 1805) authorizing the acquisition of land and suit­ 1\lr. McKELLAR. I have. ably marking the site of the battle of F1·anklin, Tenn.; to the 1\Ir. CURTIS. Then I hav-e no objection to it. Committee on Military Affairs. The resolution was considered by unanimous consent and By :Mr. LENROOT: agreed to. A bill ( S. 1806) granting a pension to Lee A. Scalf ; to the Committee on Pensions. USE OF WHISKY, ETC., BY llEPRESEXTA.TH'ES OF FOREIGN COU~TUIE3 By l\Ir. McKINLEY: l\Ir. BLE.ASE. Mr. President, I submit a resolution and ask A. bill (S. 1807) granting the consent of Congress to the unanimous consent for its immediate com~ideration. State of Illinois ·to construct, maintain, and operate a bridge The PRESIDING OFFICER. The clerk \\ill read the reso­ and approaches thereto across the Fox River in the county lution. 992 CONGR.ESSION.A.L RECORD- SENATE DECE~ffiER 17

The Chief Clerk rE:'ad Lhe resolution ( S. Res. 93), as foHows : Mr. President, in the transportation act of 1920 Congress Resolrcd, That the Assistant Secretary of the Treasury, Ron. Lincoln made this broad declaration of policy : C. Andrews, who is in charge of the enforcement of the Volstead Act, It is hereby declared to be the policy of Congress to promote, en­ uc requested to investigate immediately and inform the Senate whether courage, and develop water transportation, service, and facilities in Ot' not whisky, wine, or beer has ~n served by any of the foreign connection with tlle commerce of the L'nited States, and to foster aml ambassaclors, ministers, consuls, or other agents of any other countries presene in full vigor both rail and water transportation. in \\'a hington, D. C., since the passage of the Volstead Act; and if it This paragraph may well be called the Magna Charta of is now being done; and if so, with the appro-val of the President of interior '""aterways. It lifts water transportation on our ca­ the United States, or any other official who~e duty it is to enforce na:s, rivers, and lakes to the high level so long enjoyed by it the ::;aid law; a11d, further, if is true that the recent representatives railways, and solE:'mnly declare. to all our o:fficiat~ charged with of the Italian delegation to this country in reference to the settlement duties in connection with transportation that hereafter water of it;· debt to the United States were permitted to bring into this coun­ and rail mu. t receive the same treatment, and both mu~ t be try ehampagne, whh;ky and beer, or either of them ; and if so, by whose preserved in full vigor. permission ; and if they did, why were they not promptly arrested, as I wish to call attention to the great convention of the Na­ American citizens would ha-ve been? tional Rivers and Harbors Congress which was held in the Second. That a similar request be made of Hon. James E. Jones, city last week, and adopted far-reaching resolutions on the sub­ Director of Prohibition. ject of water transportation that will be forcibly brought before Third. That a ..,imilar request be made of the Secretary of the the Senate. Treasury. When this organization had its rebirth-and for all practical :Mr. CURTIS. I ask that the resolution may go over under purpo es its birth-at the old Arlington Hotel in thi city in the rule. Janu~y, 1906, nearly 20 year ago, there was very little gen­ The VICE PRESIDE~TT . The resolution will go over under eral mterest in Federal appropriationR for improving the in­ the rule. ternal waterways of the Nation. River and harbor bills 1\Ir. BLEASE. ·l\Ir. Pre ident, I would like to ask the Senator were enacted at long intervals, usually at lE:'ast two years from Kansas if he objects to the resolution? apart and sometimes more than that, and the appropriations l\Ir. CURTIS. I merely ask that it may go over under the for rivers which competed with railroads were entiTely inade­ rule until I can consider it. quate to sE:'Cure beneficial results. :iUr. BLEASE. I would like to know. I inh·oduced the reso­ Railroads were then in their heyday; the rivers hatl fallen lution for a purpose, and I want to know if the Senator ob­ into almost universal disuse; highways had not been im­ ject'S; and if there is objection, from which party that objec­ proved and motor transportation over roads was in its tion comes. infancy. Railroads were practically the only transportatiov The YICE PRESIDENT. The immediate consideration of agents in the interior parts of the Union, though there was a the resolution is objected to, and the resolution goes over for magnificent water-borne commerce then as now on the Great a day. Lakes and the seaboard. Mr. BLEASE. The Senator has not objected, I submit. Ilis Few public men in that day were bold enough to raise request is not an objection under the rule. thei~ voices in advocacy of improved waterway and the The VICE PRESIDENT. Does the Senator from Kansas press of the Nation slurred viciously and continuou ly about object to the present con ideration of the resolution? the so-called "pork barrel" river and harbor bill-•. The im­ 1\Ir. CURTIS. I asked that it might go over under the rule. pro~ment of harbors received liberal treatment, as they were That is all that is required. railroad terminals at which the Nation's powerful railroads The VICE PRESIDENT. The resolution goes over under discharged and received freight to and from ocean carriers. But when efforts were made to improve canals and river · and the rule. establish boat lines in competition with railroads a par imo­ BOARD OF REGENTS, SMITHSONIAN INSTITUTION nious policy was pur ued. Mr. FESS. Mr. Pre.. Jdent, I ask unanimous consent for the The National Rivers and Harbors Congress made a gallant immediate consideration of the joint resolution (S. J. Res. fight under exh·emely difficult conditions. From the very first 20) reported back 9Y me yesterday from the Committee on the it advocated a broad constructive policy for the irnpro"t"ement Library, without amendment, providing for the filling of a va­ of all worthy rivers and harbors that were approved by the cancy on the Board of Regents of the Smithsonian Institution Engineer Corps of the Army and whose improvement was of the class other than Members of Congre s. justified by the needs of commerce. It stood for an annual The VICE PRESIDENT. Is there objection to the present ri"t"er and harbor bill carrying at least fifty mlllions a year consideration of the joint resolution? in tead of biennial bills aggregating very much smaller Mr. KING. For information, I would like to ask the Senator amotmts. Its voice was raised, not alone in Washington but whosE' appointment this is. Have the present members of the throughout the Nation, calling in clarion tones to all friends board . uggested the name of Mr. Morrow? of ~aterways and urging them to do battle for the cause. Mr. FESS. Yes. It was almost as the Yoice of one crying in the wilderness. Mr. KING. I have no objection to the passage of the joint Yery few heard the call, and harkened to it. But the good resolution. fight was kept up persistently and forcibly. There being no objection, the joint resolution was consid­ The organization met in annual convention at the Nation's ered as in Committee of the Whole and wa read, as follows : Capital and sent forth its message to the people of America, Resolved, etc., That the vacancy in the Board of Regents of the in. i ·ting that the waterways should be improved, stres ing the Smithsonian Institution of the class other than Members o! Congress, fact that water transportation is very much cheaper than that which now exists be filed by the appointment of Dwight W. Morrow, by rail or highway, emphasizing the point that waterways were used by mankind for thousands of years before anyone of New York. dreamed of a railroad, and that nearly all the great citie of The joint resolution was reported to the Senate without the world where large bodies of human beings congregate were amendment, ordered to be engrossed for a third reading, read built on waterways and recelYed the benefits of cheap water the third time, and passed. transporta tlon. THE JOUR~AL The work of the National Rivers and Harbors Congre was Mr. CURTIS. I a k unanimous consent that the Journal supplemented by the efforts of many powerful water asso­ of yesterday's proceedings may stand approved without reading. ciations scattered throughout the Nation, each advocating loeal The YICE PRESIDENT. Is there objection to the request projects of great importance to thcir sections. Many of these of the Senator from Kansas? Without objection the Journal local a ociations covered a wide area, enjoyed a large mem­ will stand approved. bership, and carried on a fine educational campaign in aid of improved waterways. GBOWL G SENTIME T FOR DEVELOPMENT OF WATERWAYS The battle was a long, hard one, anu it seemed for yea1·s Mr. RANSDELL. Mr. President, I wish to addre s the Sen­ that little impression was being made. The World War demon­ ate for a few moments in order to call the attention of this strated how impossible it was for the railroads to sern' the body and the country to the very rapid growth of sentiment Nation's need , and but for the general use of improved high­ throughout the Nation in favor of river and harbor legislation. ways which had rapidly sprung into existence and the quid· I shall speak briefly, and during the course of my remarks movement of power-driven vehicles over these highways there shall ask to have printed in the RECORD some strong waterway JVOUld have been awful congestion and suffering. utterances delivered by men very high in the councils of the It 'Was realized then what a fatal mistake the Nation hncl dominant party. made in not using its waterways, and people began to see .·

1925 CONGRESSIONAL RECORD-SENATE 993 how necessary it was to do so. From that time. a gradually industrial hinterlands not only between themselves, but with the sea­ growing public sentiment in favor of waterw:ay rmprovement board. Kor are the economic prolJlems of the Midille West, such a our has gained momentum from year to year, until now the coun­ agricultural problems, limited to the valley of one river or tributary. try seems ready to demand what the friends of waterways They are vivid in ev<:'ry State and we must march to their relief as a were insisting upon 20 years ago. whole, with a broad TI.sion of their needs and the full utilization of At a Missouri River improvement conference held in our resources. Kansas City on October 19 last, the extremely able head The topography of our country, the present and future necessities of of the Dep-artment of Commerce, Secretary Hoover, deliver~d our population, the development we bave already accomplished, and a strong address upon waterway improvements and com~It· above all the goodness of Providence in our natural water channels ted himself unqualifiedly to the necessity of fully impro':ffig clearly define for us two uch major inland waterways systems~the and using these great natural channels of transpo.rtation. Mississippi system and the Great Lakes system. The completion of Mr. Hoover is head . of the department charged w1th the each of these systems within itself and their complementary completion special duty of promoting commerce between the States and with each other are necessary to-day in the relief of our agriculture with foreign lands. It is the duty of his department. to through the cheaper tnnsportation which tbey will atiord and in the assist commerce in every possible way, and he emphasiZed solution of many other national problems. correctly in that great speech-and I use the word "great" advisedly; I may even call it a waterway classic-the neces­ THE 1HSSISSIPPI SYSTE~I sity of thoroughly improving ·and utilizing our three methods The Mississippi system and its tributaries form the great serie of of transportation-highways, railways, and waterways. He north and south and east and west arteries through 18 of our Statrs. made a powerful plea in favor of cheap transportation for They are declared by our engineers to be fea~ible of improvement for the vast farming region of the Middle West, and insisted modern water transportation for a total of !>,000 miles. There lies that only by properly improved waterways can the best re­ within these 9,000 miles two of the great trade routes of our l\'ation. sults be obtained. Oll.e o! them north to south across the enjJ.re Nation, the other east and Mr. President I ask that the speech of Secretary Hoover west across nearly half the continent. ~'herefore, I visualize a great to which I hav~ ju§!t referred may be printed in the RECORD, trunk waterway 1,500 miles in length up the Mississippi and Illinois in full, as a part of my remarks. from New Orleans to Chic.:'lgo, and extending thence by the lakes to The VICE PRESIDENT. Is the-re objection? If not, it Duluth. I visualize an east and west waterway from above Pittsburgh is so ordered. to Kansas City, 1,600 miles along the Allegheny, the Ohio, the ~Ii . is­ The speech referred to is as follows : sippi, and the 1\Iissouri. 'l'hese great trunks can ultimately be decpeneu THE NEED OF INLAND WATEllWAYS FOR AGRICULTURE A..."'fD INDCSTRY to 9 feet, although your sector from St. Louis to Kansas City will need first be established at 6 feet of depth~ And in addition to theM main {An address by Herbert Hoover, Secretary of Commerce, delivered stems of 3,100 miles we need diligently complete the improvement to before Missouri River Improvement Conference, Kansas City, Mo., lesser but workable depths the 6,000 miles of tributary waterways October 19, 1925) which lie in the Tenn~:> ee, the Arkansns, the upper Missouri, the upper I have been invited by your agricultural and civic organizations to Mio;sissippi, the Allegheny, the intercoastal canals, and tlle other tribu­ address you on the de-velopment of our inland waterways. I am glad taries. We will then have a transportation system of 9,000 miles of to do so, for the subject Is one in which I am deeply interested and trunk lines and feeders complete and unified within itself. it is one in which the Department of Commerce is enjoined in its 'l'his transportation system will greatly serve the vast heart of organic act to assist and promote. I join with your advocacy of the American agriculture. It will provide tor cheaper transportation. of improvement of these great rivers. I should like, however, to empha· agricultnral and other bulk commodities from a great hinterland of lze that our problem is not only one of a great and important Missouri States to the sea. It will place great commer·cial and industrial segment of these rivers, but it is an even greater question, indeed one towns with upwards of 7,000,000 of people in the cheapest of com­ of supreme national importance and it is upon t.be more inclusive munication with each other and with the agriculture of many States. i ·sue that I should like to address you to-day. In this conception your project for the further improvement of the If we were to make a survey of the many great problems of progress Missouri between St. Louis and Kansas City has a most importantt that lie before us, the development of the wl1ole of our internal water­ ~tting. Of like urgent importance is the completed improvement of ways would stand at the forefront. And we have reached an entirely the Ohio from Cincinnati to Cairo and of the Mississippi and Illinois new era in this development. "\\e need to take a reinventory of these from Cairo to Chicago. r resources in the light of new economic necessities, new "facts, and the ~or is this any day dream. We aim, merely, to restore what once older forces that have been slowly crystallizing over recent years. exi ted. In the days of the glory of Mississippi commerce, the river And from them we ha-.e need to adopt an entirely new and enlarged was one vast system of main channel and tri~utaries. It was the conception of these questions. artery of the great valley. VesselE from the upper reaches of the Ohio A survey of the forces with which we have to deal to-day will assure voyaged uninteuuptedly down to New Orleans. Louisville is as old a us that if we guide our national policies rightly this decade will mark port of entry as New York or Philadelphi!J.. The first customhouse a rebirth of our inland waterways. returns to the Dnited States Trea ury came from Palmyra, Tenn., on But their planning and construction will test our vision and our the Cumberland River. St. Louis and Kan as City were great points statesmanship, for we must consider their development not alone of departure in tbe inva ion of the West. Westem rivers alone once in the light of the needs of to-day but of those beyond our time and carried a tonnage larger than was then carried along the entire Ameri­ our generation. can seaboard. The new setting, the new departure, in which we find ourselves Then came the vast improvement in transportation through the rail­ develops from many caus~s. Of these the most vital are the competitive difficulties in which our ways, and the rfvers fell Into disuse, because their 3-foot craft could not compete with the iron horse. But, with deepened channeis and Middle West agriculture has been thrown by the shifting economic cur­ rents resulting from the war, and a great measure of permanent ·relief improved equipment that we now have made feasible, our waterways can be recreated to again serve the Nation. can be given to it through cheaper transportation. But there are in~­ volved in this question also other great national problems. There is THE SYSTEM TWO-THIRDS COMPLETE high need of better distribution of our population in relief of the Our engineers advise me that of the 3,100 miles of cross-shaped increasing congestion &f our seaboard States. We must plan and pro­ main trunk system, with its four points resting on Pittsbmgh, Cbi­ vide greatly increased transportation facilities for the 40,000,000 or eago, Kansas City, and New Orleans, there are segment of less than added population that we must serve within the next quarter of n cen­ 1,100 miles uncompleted. They advise me that of the 6,000 miles of tury. And if our conceptions be broad enough and big enough we shall feasiblc> tributaries there are segments of only 1,000 miles yet to be find in our inland waterways a measure of forward action to the solu­ improved. But, as the system lies to-day, many vital links are broken. tion of all these problems. Such solutions are now made possible by Yet two-thirds of the job is already done-it awaits completion. the development in the art of engineering our waterway improvement and the great improvement in navigation craft, and by the recovered THE COST OF CO~PLETIO~ economic strength of our country, which now permits us unhesitatingly Our engineers assure me that we could complete the main trunk to compass any vital reproductive enterprise. lines for about 65 m!llions, the urgent work on the tributaries could But first and foremost, we must en>isage our inland waterways as be accomplished for another 35 millJons, or a total of about 100 ~reat unified transportation systems, not as isolated units. We must millions of dollars for this renewed, vitalized trap.sportation system. conceive and attack their construction as a connected whole, not as a collection of disconnected lake and river projects, which has been our THE RE.o\.SO~S WHY WATERWAY TRAFFIC HA.S BECOUE CHJ1APER THAN RAIL habit in the past. The success and usefulness of any transportation If we give study to the situation of 1\Iid-West agriculture, we system, whether rail or water or highway, will depend upon a broad quickly discover that the necessary increase in rail rates imposed by interconnection of numbers of great cities and their agricultural and shift in economic values bas adve1·sely affected the farmer 1n his com-

LXYII--63 994 CONGR.ESSION AL RECORD-SEN ATE DECEl\IBER 17

petition against the lower standards of living and cheaper costs abroad. your costs of transportation downward from St. Louis to New Orleans. It has no less shifted the relations of indu try and commerce in these In other words, we can have little hope for st'curing the cheapest costs gt·eat valleys. for our agricultural produce and your industri£>s until we have com­ There at·e many fot·ces and facts, which now cumulate to render plett'd this transpot·tation system with its larger population and more the transportation of many farm products cheaper by watet• than by diversified industry in reach. ~urthermore, we must have the com­ rail and thus afford relief and stimulus to both agriculture and in­ ·plf:>ted system in order to serur~ that volume of tonnage and variety dustry. Among them we would find that, while the advance in cost of craft which is necessary to most economically cs.rrl' the varied of labor and materials has necessitated great increases in our railway products and to care for the seasonal ebb and flow of goods. rates. yet the increased costs are less in the case of water-borne There is another reason why we must have a. completed Mississippi traffic tban in rail tnufic, because labor and material are employed in system if we would gain the cheapest transportation for our agricultur less ratio to the tonnage carried. and industry. The development of our waterways obviously is of direct I.MPRO\ED COXSTRUCTIO~ OF WATERWAYS assistance to those producers immediately along the wat£>rside. and But other factors have contributed even more importantly to assure incidentally the improvement in our highway transport has enlarged reduction in the cost of water transportation to less than by rail. We this zone of direct water traffic. When we were dependent on thP have proved our abillty to construct deeper channels for larger craft horse and wagon for collection and distribution from the water, the than of old. We have passed through the pioneer stage of engineering region served was limited to a belt perhaps 5 or 10 miles wide. But experiment in the construction of waterways. Our engineers have with the new highways and the motor truck this belt bas been witlened attained the highest of skill that exists in the world. We apply new many miles and has increased the populatlon which can benefit by labor-saving devices to the excavation of large quantities of materials direct transportatlon. and to the replacement of great works. We have developed new But our object is of wider importance than the solely waterside methods and gt·eat e<'onomies in constructlon of dams and canals. No transport. We aim to carry the benefits of cheaper transportation experience in the outside world could ft)rnish us with a guide to proj­ back into the hinterland, where goods must be gathered and distributed ects of the magnitude which we most undertake. But we have de­ by rail and in which the rivers will form a connecting link of cheaper veloped that experience and skill by which we now assuredly control tt·ansportatlon, but before this can be effective the waterway link must the floods, equalize the stream flow, curb the currents and channels, be long enough to overcome the extra cost of load~ng from cars; that is, build great dams and reservoirs. We can proceed with a certainty of the cheaper rates of the water section must more than offset the cost step which has not hitherto been possible. To-day we are sure of our of additional loading and reloading. And this only becomes possible results. when there are long water hauls. And we shall not have arrived 'at these long stretches of water in full measure until we have completed IMPROYE~fENTS ON CRAFT the whole Mississippi system of interconnected segments. With the deepening of channels there has been a coordinate improve­ ment in craft. Great barges, specialized to differt'nt types of traffic, FUTCRE NEED OF MORE TRA~SPORTATlO~ convey ten times the volume of their shallow predecessors. Diesel I have said that one of the reasons which should impel us to now engines, improved steam appliances, and better loading and discharging \lgorously undertake the completion of our Inland waterways is tht> dt'Yices have all advanced us a long distance from the old canal boats nect'!'lsity to proviue more transportation facilities for the future of our and the packet boat. But the fundanrental for use of these appliances country as a whole. Already om· great railway gateways and ter­ is that we shall have sufficient and rt'liable depths of water to make minals nre showing signs of congestion. Our traffic in 25 years has tlwm possible of use. Without such depths our rivers are not water­ grown from 114,000,000,000 ton-miles to 338,000,000,000 ton-miles, or way::;, they are drainage channels. it has nearly tripled. At a much less rate of increase we must within another quarter of a century provide for expanRion in facilities to COMPARATIIE COST OF WATER-BORXE WHEAT handle at least double what we are moving to-day. Our present rail­ And all these forces and inventions have restort'd our water carriage ways will obviously be inadequate to meet that tnsk. The expansion to the cheapest of all forms of transportation for many types of goods. of railway terminals to accommodate the growth of the next quarter Broadly, if we have back loading, 1.000 bushels of wheat can be trans­ of a centut·y will be accomplished at enormously increasing costs be­ ported 1,000 miles on the Great Lakes or on the sea for $20 to $30; it cause of the increase of land values in our cities, and the waterways, can be uone on a modern-equipped Mississippi barge for $GO to $70, because they furnish continuous terminals spr£>ad along tbc whole and it costs by rail from $130 to 200. These estimates are not based water _fronts of our towns, go far to solve the proiJlem of increased upon hypothetical calculations but on the actual going freight rates. terminals and .crowded streets. The indirect benefits of the cheaper water transportation to the former Furthermore, it we would provide for the 40,000,000 of increast!tl are of far wider importance than the savings on individual shipments population that this quarter of a century will IJring us, we must either might indicate. In those commodities where we are dependent upon build more trunk line of railways in the States which can be sened by exports for a market (and upon some domestic markets) the price these waterway systems or we must improve our waterways to tat{P. level wm be determined at the point where the world streams or that part of the burdt'n. I believe any study of the comparative caplta1 commodity join together in the great markets. Thus the price of outlay will show that to duplicate this completed ~ississlppi system by wheat is made at LiYerpool, and anything that we can save on trans­ rails would cost three times as much as to complete the waterway::.. portation to Li'lerpool is in the long run that much in addition to the And they will move many goods more cheaply. Nor is this in anywiac farmer's price. And it is not an addition solely to the actual goods a statement that our railways must not be under constant develop­ which he may have shipped to that market, but it lifts the price level m£>nt, for they obviously reach scores of millions of people that nrc in our domestic market on the whole commodity in this same ratio. untouched by the waterways, and they perform many senices that our Thus, if we can save from 5 to 7 cents a bushel additional by t he waterways can not undertake. And I may add that their improvement completion of the Mississippi and Great Lakes s~rstems, we will have can only be accomplished by safeguarding to them such earnings as added a substantial amount to the income of every fru:mer in the will enable them to pr,ovide increasing facilities and increasing P.ffi­ Middle West. ciency. CO:HPLETION OF WHOLE MISSISSIPPI SYSTEY !'\ECESS.\llY FOR LOWEST BETTER DlSTlliBUTIO~ OF POPL'LATIO~ lUTES But there is another great problem in our national de,·elopmcnt for But there is one vital factor which must be made effective before which we can find at least some relief if we would complete our great these services can bring their t·esults both in rates and in sen·ice to an inland waterways systems. Industry in its et;orts to find loca tJon illl'portant part of our Middle We t agriculture and industry. That is, where there is that balance between transportation of raw materials we must make these waterways into a full and comrpleted transportation and distribution of the finished product together with the availability systt>m by joining up their brok('n links. of labor is greatly congested in our Atlantic seaboard States. One or I can not insi t too strongly upon the necessity of this full comple­ our great social problems to-day is this overgrowth of cities. Through tlon of the whole system, for enry part bears a relation to every the improvement of our interior waterways it will be possible to better other part, no matter how remote. You in the Missouri Valley are distribute industry and population, because tht'se waterways will makP. lntt'rested in the completion of the great route up the Ohio to Pitts­ it advantag£>ous to IDO\'e much production nt'arer to the area of con­ burgh, for you will find large traffic both ea t and west over this great sumption. And by bringing industry nearer to the farmer we wtll trade route. fYou a1·e interested in the improvement of every tributary, pro\ide a clo er market to agriculture; it will stimulate a diversifica· for it is in some degree a market or a source of supplies to you. For a tion of his production and create a greater diversification of occupation less dil·ect reason you are al o interested in even the completion of the between the agriculture and indush·y to the mutual benefit of bot.h. route from St. Louis to Chicago, for we mm~t not underestimate the CRITICIS::'-1 OF THE W A'l'Ell.W AY PROJECTS i great factor in water transport of the b.'llanced load. Without this should like to digress for a moment to give some answl..'r to those . balance ~·our transportntion cost-s on agricultural produce will be who oppose the further d('velopment of our inland waterwa~· . They doubled from St. Louis and New Orleans. The completion of the seg­ have claimed that our past experimentation, even where we have com­ ment from St. Louis to Chicago, for instance, will increase the back pleted development, bas demonstrated the purposelt'ssness of tlle~c load of South American imports up the Mississippi and directly affect efforts. They point to some segments of these waterways which carry 1925 CO~GRESSIONAL RECORD-SENATE 995

but a microscopic portion of the transportation e>en in their regions. THE GREAT LAKES SYSTElf It Is a favorite assertion, for instance, that the 1,100-mile trunk line In discussion of our inland waterways I should not omit a reference from St. Louis to New Orleans has proved a failure after deepening it to the great coordinate part of this problem; that is, the Great Lakes to 9 feet, because it carries only 16 per cent as much traffic as Is system. Whlle it is of less direet interest to those of you in the carried by the Illinois Central Railway alone. It is, of course, a dirc~t Southern Mi sourt Valley, it will, however, form an indirect contribu· answer that that route is t(}-day carrying traffic for 20 per cent less tlon to even your economic life and it is of the most vital and direct than the railways can afford to carry it. There is also a further importance to your neighbors to the north and to the east and to the answer. Before we can reap the full benefit of deepened waterways we whole agricultural problem of the Middle West. The Great Lakes must give time not only for the creation of modern equipment but for are to-day the greatest system of inland water transportation in the the shift of the grooYes of trade and for the pressure of increasing world. Their depths bear ships of ocean size. They have de>elop~d ti"aftic a~ a whole. But a far more important answer to this general a vast :fleet whose traffic is over 23 per cent of the ton-miles of all criticism of our inland waterways is that these waterways are not yet our railways. They are connected with the sea and the 12-foot E rie com pleted into real tran portation systems. And they will not be nntH and the 14-foot St. Lawrence Canals. Ocean vessels can not move tbe whole of the trunk lines are completed and the tributaries mad~ through these depths. These incomplete links to the sen require that available to feed them. exports and imports shall be reloaded twice and that a part of the I ba>e aid that our proposed Mississippi system upon its trunk journey shall be made in more expensively operated craft. There 1s line alone has town populations along the bank of over 7,000,000 thus a definite handicap on goods that would move to export and im· people. But these towns and their great agricultural hiDterlands port from the Middle West to foreign countries and to the Atlantic are not to-day conneeted. They are separated by the shall~w sec­ seaboard points. All that I have said of the economic effects of {lis­ tions. If we were to work out the mathematical combinations of connected or partly connected segments in the Mississippi system interconnection we would find that less than 15 per cent of these applies equally to our Great Lakes system. That the Great Lakes people now have the full water-borne communication with each other, shall be opened to the sea and their ports take a direct part in the which is possible in this system. In other words, from an economic ocean trade of the world is absolutely inevitable. It is demanded by point of view, the system is but 15 per cent complete, while from a 35,000,000 people in the tributary region and can not be resisted. phy ical point of view it is two-thirds complete. Our engineers have long since demonstrated that 30-foot canats I can not in&ist too strongly upon the necessity of this full connec­ are feasible from the Lakes to the ocean. There are two possible ) tion and its a.na.logy to integrated railways. If we were to break an alternative routes-the St. Lawrence and the Erie Canals. The St. important rallway system into segments with intermediate stretches Lawrence is an international route; we can only engage in it wilh of, say narrow-gauge track at points between Chicago and St. Louis, the cooperation of Canada. Before any right conclusions can he between Kansas City and New Orleans, between Pittsburgh and St. reached as to which of these routes should be undertaken we must Loui , and so on, that system would make a very poor showing-yet know the attitude of Canada, and we must determine all of the engi­ the Mississippi system is to-day broken into just this sort of segments. neering and economic factors. Upon my recommendation exhaustive Despite all this, if at this moment we add up the total annual ton­ investigation is t(}-day in progress by our Government departn:ents, nage moving on the 2,000 miles of separate main trunk segments of with a view to determining the facts as to both routes, and we have a the proposed Mississippi system, so far as it is completed, and compare national commi sion awaiting any expression from Canada of bP.r it with the Southern Railway of 7,000 miles all connected, we find views. When we have the facts and conditions in hand we shall thea that th~se waterways segments carry annually 41,000,000 tons, as need hammer out conclusions on the anvil of debate. But 1t is not my compared with 45,000,000 tons by this railway. If a waterway sys­ ~urpose to take your time discussing these alternative hypothe. es tem of stretches and patches can make such a showing as thi!l, we based on a thousand uncertainties. One thing we do know already is need summon no special courage to complete it. that a shipway can be built. And I can ay emphatically that the needs of our farmers, our manufacturers, and, indeed, the whole of the RELATION OF INCREASED WATERWAYS TO THE RAILWAYS people in 18 of our States adjacent to the Lakes to-day urgently re- I should like to trespass upon your time further in discussion of quire that we provide an outlet for their deep-sea vessels to the ports the relation of this problem of water transportation and that of rail- of the world. And I may add that what benefits 18 States benefit~ way transportation. Broadly, we are seeking to secure some relief all the States. to midwest agriculture by readjusting its setting in the economic There is a further problem in our Lakes system that demands im­ worlu which h.as been up.set through the necessary increase of railway mediate solution, no matter which route we may take to the sea. Both rates from th1s great Mtddle West to the seaboard. It is lm~ossible Canada and ourselves are in urgent need that we regulate the le>els for us to call upon the railways for deep reductions of therr agri- of the Lakes by works at the lower end of Lake Erie. During thP past ) cultural. rates in view of their increased costs of operation. We seek ~ree years the lowered lake levels have greatly handicapped our to provide it by a new form of transportation, and we are confident shipping and our Lake port . This decreased le>el has been due iar that the growth of transportation as a whole will maintain ample ore to diminished rainfall than to the much-blamed Chicago di> i 0 n occupation for the railways. During these many years passed. there er. • has been an unceasing battle between the proponents of rail and O DELA.:r NEEDED I - COXSTUUCTION OF THE MISSISSIPPI SYSTBM water-borne traffic. No one can read the debates over the last hnlf On the Mississippi system the e engineering questious are behind us. century without feeling that the dominant argument for improve- We know what we should do. We know tts vast benefits; we know ment of •Jur waterways has. been to club the railways in the matter of it can be accomplished by a comparatively trivial cost compared to rates. On the other side, no one can study the competitive tactics these benefits. We should go to it anu have it completed within the J of the railways against the waterways without conviction that at next decade. times they throttled water transportation by reducing railway rates There is one great obstacle in the path of the completion of these below what they themselves could in honesty maintain. Regardless great projeets which is now happily removed. We have been engaged of the merits or demerits of tlle contentions, there is to-day no excuse for the last 12 years in fighting a great wat• and in reconstruction of for continuing this battle. We are faced with a period when both are the damage to economic life that sprang from it. That period of needed. We ha>e also bad much emotion over joint rates, but if we reeonstruction is practically over. ·we have emerged with an economic ha>e a real conneeted system of internal waterway , this problem strength as a nation which enables us to enter upon great undertakings will settle Itself, tor the day will come when the railways themselves which will not only provide for our needs to-day but lay the foundation will be seeking joint rates to meet competition with each other. for progress for the next generation. Despite our lo. s~s, we rejoice ... Tor do we need overstate the importance of water-borne facilities in a national wealth the greatest in our history anu in the history or in relation to our other transportation sy tems--Qur railways and the world. We have learned that expenditm·es on great t•eproductive highways. Let us get into the proper setting. Taking the country works are neither a waste nor a burden upon the community. 'l'hey as a whole the railways and highways must ever bear the major bring a rich harrest in increasing wealth and greater happiness. They b'urden of our internal traffic. And there are many classes of goods tend directly to strengthen the foundations of agriculture a.ud industry. which will always go by rail even parallel with the waterways. But Even from the narrower point of view of taxation, they are an economy, equally wrong are those who do not accord internal waterways a great for it is by such works that we increase the income available to taxa- and increasing future in transportation. tion and thus reduce individual burdens. And here is an old saying that is true: N'ew transportation facill· IN co~cLOSIO~ ties create business. It is well proved by our new highways. At one I have referred from time to time to the dominating importance of time in our hlstory we practically abandoned the highways and water- these matters to the welfare of our great Middle Wei'!t agiiculture. I ways for railways. The invention of the gas engine has restor"!d can not give too much emphasis to its necessity. As I have said, some our highways and mnltlplied their traffic ten thousand fold. Yet the part of the difficulties of our great Middle West agriculture has ::trisen total >olnme of passengers and goods on our railways has never bet>n from the nece sary increases in freight rates to domestic and foreign so great a. now. In the same way, with greater d~pths and with the markets brought about in our economic adjustments since the war. irnpro>ements in craft, it is possible to restore our waterways. Nor Tl1ese waterways penetrate the heart of American agriculture_ Water­ will this jeopardize the prosperity of our railways, as some predict. borne traffic 1s peculiarly adapted to the dominant agricultural prod·

/ 996 CONGRESSIONAL RECORD-SENATE DECE?\IBER 1 7

I ucts of these regions. Our agriculture is based upon higher standards You know better than I can tell sou the early history of our wat r· of J1.ving than those of our foreign competitors. If we would maintain ways. They were the pt·iucipal mciNls, iu some cases almost the only these stand:ll'ds, we must omit nothing in the economies we can bring means, by which the American people worked their way from the in transportation. EYery cent we can save in transportation to market Appalachians to the Rockies, building a nation u they came. Th is an addition to the income of the farmer and an assurance that we winning of the West was made possible by the waterways of the West. can maintain these standards in ngriculture. No one can contemplate As the Mis issippi Valley was occupied its rivers developed a great the pa ~ t and the future of our country "itbout an earnest prayer that and pro perous commerce. But about the middle of the last centut·y, we sllall maintain at all times the refreshing force of a strong farm when the valley bega.n to change from a frontier or plains and wilder­ population in our national life. Nor does this problem extend to agri­ ness into an empire of Industry and agriculture, the railroads crossed culture alone. For if we would provide our manufacturers and our the eastern mountains and spread over it. They found enrywhere th workmen with the most economic a sembly of their raw materials, established rivet· carders. There ensued a strug"'le betweep th c~ e whi<·h they must receive from all parts of the world, and if we would transportation agencies. The end of that stJ·uggle was defeat for the prodde fot· them the cheapest acce ·s to the world for their finished waterways, and it is only iu the last decade tbat they h:n-e begun their goods, we must also secure to them the cheapest transportation. . inevitable recovery. Tile providential pos e. sion of a network of great natural waterways, The root of the trouble in the past was primarily not malice but the adnwce of engineering science which renders feasillle their com· ignorance, the most common source o! human ill -ignorance of funda­ pletiou to the cheapest form of transportation for primary goods, the mentals. The railroad men of those days felt that they must, with modet"ate capital outlay t·equit·ed for so reproductive a work, the re­ their then greater efficiency, destroy the competition of the rivers. coYer~d economic strength of our Nation places us in a new era in this The old river men felt that, with the greater inherent cheapness of grf' at project, and it bids that we provide for the increasing traffic of water movement, they should be permitted and encouraged to make our country; that we set in motion the economic forces that will tend headway against the competition of the railroads. The public wu to a IJettPr distribution or our increasing population and the wider sometimes on one side and sometimes on the other, but always with the tli ret·sification of our indu ·t.Nes, and, above all, that will contribute so feeling that it was involved in a struggle between natural competitors, gt·t·utly to overcome the difficultit•s of our farmers. Thus only will ond often trying to use one competitor to obtain unfair concessions wJ:lat God has given us become a blessing to every cottage. And God from the other. has given to us greater resources in waterways than to any other None of them realized the fundamental fact that rail and water people of the earth. transportation were not competitive but complementary; that thPir l l\Ir. RAl"SDELL. Mr. President, a few days later Mr. Davis, pt·oper relation was not combat but cooperation; and that any other Secretary of ·war, deliYered an excellent speech before a con­ relation was abnormal, wasteful, and against the best intere3ts of all vention of the l\IissLsippi Yalley Improvement Association at the parties co.ncerned. St. Louis on the 23d of November, and he, too, dwelt upon Competition is a curious thing. A century and a half ago the the·nece ·sity of improving and using waterways. l\Ir. Davis industrial revolution was brought about in England by a few simple emphasized the wisdom of friendly cooperation between rail­ inventions, notably machines for weaving cotton cloth. Until then ways and waterways instead of competitive rivalry. He in­ wea\'ing had been done by hand. With the new machines one man sisted that the Nation needs all our means of transportation could do the work that many had done before. The weavers promptly and called attention to the fact that Congre. s ·makes it a duty rioted, invaded factories, and destroyed the machines. They felt that of the Interstate Commerce Commission to foster and preserve if this new process were established most of them would be thrown iD full vigor both rail and water transportation. Mr. Davis out of work and would starve. Those rioters were not movl'd by evil said that in order to obtain- intentions. They simply did not understand. They could see one day the gt·eatest good to the greatest number we must utilize our great into the future and imagine themselns out of a particular job in n. artel'ial waterways and their feeders, om· coastal streams and onr particular mill. They could not see a little further and understand eanals, as they are completed ; our lakes and our coastal rivers In that in an industrialized nation every man would still have a job, cooperation with and not opposition to our railroads- but that every man couhl produce many times more goods and get as his hare more real wealth. The macltines that they thought were And that- their deadly competitors have become the servants of their prosperity. our policy should be coopel'ation, not competition. The man who talks of natural competition and a finish fight between 1\lr. President, as a waterway man whm;e whole congres­ ri\·er and rail is as shortsighted as those Lanca hil'e weayer . He sees sional life of nearly 27 years has been devoted largely to flood a railroad between two cities carrying a certain amount of freight; control and waterway improvemeuts to assist nav-igation, I he see3 a rl\'er connecting them; he sees the po. sibility of the river gladly say "Amen " to Mr. Davis's suggestion of cooperation, taking the freight that now moves by rail. Then be thinks he see not competition, between railways and waterways. I hope the the ruin of the railroad. Such a man does not ee rea1lties. He does rail\Yays will follow the advice of Mr. Davi in this respect, not see that if the rh·er cau carry any particular kind of freight and as they are o much more powerful, so infinitely stronger more cheaply than the railroad the community will ave money; that Uwn the waterways, I can safely promise that the water car­ this money is new capital which will produce more prosperity and rier will gladly cooperate wlth them on the basis suggested more production and more goods to be transported by both the river by Secretary Davis-cooperation and not competition. and the railroad. In other words, he does not under tand the basic That speech delivered by Mr. Davis is an excellent one, and law of economics, that whate1er inct·eases the wealth, pt·osperity. and I a.-k that it may be printed in the RECOIID as a part of my efficiency of a community benefits all the important elements of the remarks. I regard it as a real contribution to the very impor­ community. tant subject of transportation now so interesting to the whole What are the facts of the tran~portation situation to-day? The country.. railroads ha\·e passed from the nineteenth century era of expansion to The YICE PRESIDEXT. Without objection, the speech "ill the twentieth century era of efficiency. They are not building new be printed in tbe RECORD. lines at the speed they did after the Ch'U War. Between 1910 and The speech referred to is as follows : 1920 their total traodid progress. Of the unfavorable factors sl'venth annual convention of the Mississippi Valley Association at which they must combat I take two at random-unbalanced hauls and St. Louis, Mo., N'o>ember 23, 1925) peak loads. Suppose a road has a long, heavy eastbound movement. St. Louis is at the heart of the greatest navigable river system in say, of grain, and a light return mo,·ement. At a de3.d loss lt must North America and at tl:te heart also of a net of great railroad lines. haul a great number of empty curs west. Suppo.se it could haul Its Its past history, its present situation, show the necessity for coopera­ grain east part of the way and deliver it to a rh'er carrier ; suppose tion, not competition, between railways and watet·ways. Your associa­ this meant a sa,·ing to the shippers, and therefore more purchasing tion is committed to a constructive and statesmanlike attitude on the power ; suppose they used this purcha ~ ing power, as they would, t que ·tion or waterway development. No question is more important uuy more merchandise, which would fill the curs that formerly went for this future de>elopment than cooperation, uot competition, between west empty. Would not the railroad be bettet· off? Again, consider railways and watj!rways. the peak-load problem. We all know in the past a bumper ct·op of This problem is one that we have not yet satisfactorily solved. Northwestern wheat or Califomia fruit or Flot·ida truck bus taxed Thet·e are three parties to its solution: The railt·oalls, the water car­ the railroads to their capacity and beyond. The CI'OP is moved eventu­ riers, and the shippers, which means the general public. Each party ally after part of it has rotted, and farmers llan lwd to borr w has a tendency to blame one or both for whatever is wrong. In my money to tide them through, and a blow hn been dPa lt to prosperity opinion, none of the three is blameless. Their mistake has been in and to purchasing power which is at once reflected in a ~mallet· their fundamental idea or the situation. demand fot· gl' neral merchandise and therefore a smallet· revenue tor 1925 CONGRESSIONAL RECORD-SENATE 997 the railroads. Would not an intelligent rail executi're be glad if some ! curriers for a joint haul, the combined service will D"ot only furnish agency would step in at such a moment and lift the burden of the the shipper a lower freight rate but will afi'ord a living revenue to each peak mo.vement from his overtaxed organization? catTier. There is not the remotest danger that the river carrier will drive One of the most important new developments in transportation in the rail carrier from the field. As an example, I need only point to this country is the reYival of common carriage on our inland water­ our most extensively developed river, the Monongahela. It carries ways. The thing which makes this significant is the tendency to­ 25,000,000 tons a year, and its locks are worked to about two-thirds closely correlate these common carriers by water with the railroads capacity ; yet a prosperous railroad line runs on each bank. It either to form through routes which the public may use with the same free­ rail or river traffic were destroyed, there would be no benefit to the dom as they ha>e heretofore used the railroads alone. other, bot only a serious loss to Pittsburgh industry and the Nation. In the transportation act of Ul20 Congress made this broad declara­ Can anyone doubt that the same situation will exist when the com· tion of policy : merce of the Mississippi, the Missouri, the Ohio, and their tributaries " It is hereby decla.red to be the policy of Congress to promote, is similarly developed? encourage, and develop water transportation, service, and facilities in Successful river traffic is dependent on railroads. A. railroad can go connection with the commerce of the United States, and to foster and anywhere; it can run a spur to a factory door. But a boat can only preserve in full vigor both rail and water transportation." go on the river. Except for a movement which begins and ends within At the same time Congress directed its agent, the Interstate Com­ trucking distance of the river bank, part of the haul must be by rail. merce Commission, to so prescribe and adjust rates that the railroads The other part, for economy, should and will be by water only when may "earn an aggregate annual net .railway operating income equal as the water movement is, proportionally, long enough so that its cheap. nearly as may be to a fair return upon the aggregate value of the ness in line-haul outweighs the cost of transshipment. And besides railway property of such carriers held for and used in the service of this there are a multitude of cases where, by ability to grant certain transportation." privileges to give express service, to avoid rehandling, and so on, This same agent, the Interstate Commerce Commission, is also the railroad has natural advantages that neither can nor should be charged to so administer the whole body of the transportation law as to denied. " foster and preserve in full vigor both rail and water transporta­ tion." Railroads are and will remain the backbone of inland transporta­ In doing this it may order rail rates up or down. It may. order tion. Efficient waterway traffic can not in most ·cases flourish with· joint rail-and-water rates down but not up. It may require the out them. And we are coming to realize the converse, that efficient railroads to join in thJ;ough rates with water lines, even though rail traffic depends on using to the limit the waterways. By reducing the individual railroad may protest that such route dept'ives it of peak load, by balancing rail hauls, by taking the burden of low-grade some particular haul it may otherwise receive. traffic, by preventing car .shortages, rivers ca.n be and are becoming It may order the division of joint rall-and:water rates on bases an essential element in the railroad·s fight for efficiency. And most which please neither the rail nor the water carrier. important, the rivers ean save money ·to the Nation as a whole, The commission may, and does effectUally, deny railroads the right and neither the railroads nor anyone else can avoid sharing in the to enter into any form .of unbridled competiti(}D with water carriers resulting increased prosperity. Each should carry traffic for which, which alms at or might. conceivably cause .the destruction of .valuable under the given conditions, it is economically best fitted ; both carry water service. Here there woqld seem to be an adequate ground­ jointly that for which joint carriage is most economicaL work of law which should cause common carders by water again Even if such cooperation were not otherwise sound economically con· to occupy the field as soon as the waterways are completed and ditions would force its adoption. I have said that the present railroad capital is assured that its investments in this field will be adequateli trend is toward intensifying the traffic possibilities of existing lines pr'otected. All that the railroads need to be shown is that they will rather than buildlng new ones. But this proeess can not continue in­ profit by cooperation, not suffer by competition, and they will coop­ definitely. When, in the coming generation, our internal commerce erate. All that private capital needs to be shown is that such coop­ shall have increased 50 per cent or 100 per cent it Is evident that the eration results in profitable investments in common carriers, and present rail installations, no matter how efficiently operated, could not capital will embark upon the enterprise. handle it. Before long in congested sections of the country we must If we are ever, then, to succeed in our broad national po1icy of face · the alternative either of intensive use · of our waterways or of coordinating rail and water transportation for the present, adding enormous investments in new railway lines. It Is a question how far motor and ai.r transportation. ill the future, we must facP. the con­ and on what terms the railways could · borrow the sums needed. But ditions as they exist, built broadly for the greatest good of the more important than this is the waste involved in spending billions of greatest number, utilize our great arterial waterways and their dollars to make a path over which commerce can move by rail when feeders, our coastal streams, and our canals, as they are completed, nature has given us in our great rivers natural paths which can be · our lakes and our coastal waters, in cooperation with and not oppo­ made ready for commerce for a few million dollars. The Mississippi, sition to our railways, which must always be the backbone of our the Missouri, the Ohio, and others are equivalent as possible commerce tmified transportation system that is to give us as nearly an ideal carriers to scores of parallel rail lines. To neglect their possibilities transportation system as the mind of thinking man can conceive. is to throw away a gift of nature and impose on the Nation huge addi­ Our policy should be cooperation. not competition. tional expenditures which will benefit no one. The provision of adequate channels for the future commerce of our Mr. RANSDELL. Now, sir, I come to a more important indi· waterway systems-notably, those of the Mississippi Valley-is weU vidual than either the Secretary of War or of Commerce. In advanced toward completion, thanks to the recent liberal policy of addition to the very favorable expressions of Secretaries Congress and the activities of the Army engineers. What remains to Hoover and Davis, we have the views of President Coolidge. be done is at once quite limited as to cost and extremely urgent as to They are quite as emphatic as those of the other gentlemen. its effect on commerce. The incompleted gaps in the Mississippi sys­ In his letter of Nol"ember 13, 1925, to Hon. J. Hampton Moore, tem, which we are closing as rapidly as funds permit, have thus far president of the Atlantic Deeper Waterways Association, Presi­ retarded the growth of traffic tar out of proportion to their actual dent Coolidge said : mileage, for they are weak links in wh~t should be a continuous chaln. In the United States we have a natural scheme of waterways, SU· The Ohio, for example, is, in terms of money, about 85 per cent com­ perior to that of any other country, which when improved and con­ plete. · But its commerce is not 85 per cent nor 25 per cent of what nected up to serve the remote as well as the populous areas, will, it is lt will become; for the unfinished part separates the canalized upper said, justify in reduced rates and increased commerce the exvenditurgs and middle stretches from the main Mississippi. It 1s like a railroad, made upon tllem. The economic value of these streams has long been mostly standard gauge, which ha-s a narrow-gauge connection with other recognized, but their development has proceeded slowly. To rend~r railroad systems. The same remark applies in varying degree to the the highest service as carriers and distributors they should be joined to· Mississippi, the Missouri, and other rivers of the V·alley. Eliminate gether and standardized as to dimensions for traffic, so that the ship­ these narrow-gauge gaps and the system tor the first time in history per would have confidence in them. When they are finally brought to­ is ready to take its rightful place in our national economy as a great, gether in a workable system, the benefits in rates and values will be complete, cooperative transportation facility. lncalculable. It is in this way that I view the future of our internal commerce. Mr. President and Senators, can you imagine the President Railways, waterviays, highways--all have their sphere. All are neces­ of the United States making a statement like that? That sary to the public, and each is necessary to the moat efficient and profit· sounds like the statement of my friend the senior Senator from able devel(}pment (}f the others. Florida [Mr. FLETCHER], or yom· humble servant, or some other But how can this cooperation be attained? The best efforts of the enthusiastic waterway man. That is what we have been say­ best minds of both rail and water executives are bent toward this ing for years: "Improve these watercourses; join them all accomplishment, and much has been attained through the operation together ; give the shipper confidence in them by showing him of he Inland Waterways Corporation, which has definitely proven that they are a complete, standardized, workable system, and that, given an equitable division of revenue to both rail and water the benefits thereof will be incalculable." I thank the Presi· 998 CONGRESSION..:\_1 l{ECORD-SE:N.A_TE DEOEl\IBER 17

dent for thol'-:e'wi ·e trne wort::':, "·oro which mauy of u. baYe :Mr. RAi\SDEI..L. TlH'n in his mes ·age to Congress on the l1een uttering many years, but to which scant attention w~ . 8th of thi · month Pre ident Coolitlg ~ mntle a troug tatemrnt paid. I hope, sirs, that Congress and the American people w1ll iu regard to waterway develOllment. He called pecial atteu­ take heed. now that om· Chief Executi-re ha · begun to u ·e tion to the necessity of connecting- the same language, and that his wise words are backed up by the Great Lakes with the ocean via the St. Lawrence or the Et·le Canal his Secretary of Commerce and Secretary of War. . and also to the Mi. sissippi River sy tern, Including connecting channels The Pre._-ident then refee in cletail to se-reral of the leadmg between the Great Lakes and the "Father of the Waters." waterway project·· of the country, and conclude· in this fine language: .Among many other things he said: 'le ha>e the streams, and ultimately they can be impro>ed for A moelop both transportation and power. 'They will and Pitt burgh should be laid out and work on the tribntaril's pt·ose­ be completed for longer haul· and intersecting routes. 'I' hey will be cuted. . standanllzed so that all sections of the country would derive advantage President Coolidge and two members of his Cabinet, Secre· from them. taries Hoover and Davis, have heard the db;tant but distinct Thev are not lo al. ~Ir. President. President Coolidge shows hum of the American people voicing their belief in waterway here that tlH:'Y will be standardized o that e-rery portion of improvement and demanding of the lawmakers wise provisiou thi great Republic will deri-re benefit from tllem; and he for the best impro-rement and coordinated u!':e of highway::, concludes: railways, and waterway.. . They realize thnt the time has come to cease the halting, par. imonious policy which utterly fail•.'!l It 1 gratifying to note a growth in sentiment fa•orlng coordination to make adequate provision for our great interior river and of val'ious means of transportation, the railway, the highway, and the lake systems, and o far a lie in their power they are attempt­ waterway. Each of the e bas t·endered dlstinct ser;ice. They can in;:r to persuade Congre s to do its duty. render a greater service, more gratifying to the producer and con· The Constitution directs the President to adnse Congress sumer·, as well as to the shipper, if made to assist rather than to from time to time regarding measures of public policy. From I oppo e each other. his vantage point in the T\.hite House, 'Yith the eyes of the Those are wonderful and most friendly words, and again I whole ~atlon upon him, what he say· i bound to carry tbe thank the Pre.:ident for them. greatest weigllt. What his coun elors and ::tdYisors in the ~ At this point I ask that the entire letter of the President to Cabinet say is also entitled to great consiember 23-26. provide the ways and means, the money, for carrying out the I realize, however, that the purpose for "·hich you a semble bas a plans of the Engineer Corps and bringing to speedy completion national interest, and that there is a peculiar significance in your the waterway projects needed by the Republic. Congre::1s is meeting in Florida at this time when transpoliatlon is a matter of willing and anxious to do what is right in this matter; but the serious concern. demands upon it in other directions are so great and so loud· In the United States we have a natural schrme of waterways, voiced that it must be made to understand beyond question superior to that of any other country, which, when improved and con· that such is the de ire of the American people. Whatever the nected up to serve the remote, as well as the populous areas, will, it majority of the citizen of this Republic wish will be grauteti is said, justify, in reduced rates and increased commerce, the ex· by Congress, provided it becomes sure that the people are in penditnres made upon them. earne ·t, that they know what they want, and that genuin~ The economic value of the. e streams ha long been recognized, but benefits to the Nation will result therefrom. their development has proceeded slowly. To render tlle highest ser·v· If the waterways people throughout the land, the local a so­ ice, as carriers and dlstri!Ju tors, they should be joined together and ciations of every kind and sort, will join hands with tlle standardized as to dimensions for traffic, so that the shipper would National RiYers and Harbors Congress and make a long, strong 11ave confidence in them. When they are finally brought together in pull toward the end they have desired and fought for for so a wot·kable system, the benefits in rates and values will be incalculable. many years, their goal will soon have been reached. At the present time the War Department, under authority of Con­ gres ·, is engaging its engineers upon port, canal, and waterway im­ THE COAL SIT"t".ATIO~ provements in all parts of the country. On the Ohio River, locks l\Ir. COPELAND. Mr. President, I have been very much and dams are being erected to assure a 9-foot channel to the :Mis is· interested ill the eloquent remarks of tl1e Senator from sippl This great work is pt·oceeding steadily with a view to com­ Louisiana [Mr. RAXSDELL]. I know how interested he is in pletion in five ye11rs. The Government is also at work upon the this great waterway development. I, too, am interested, be­ Mississippi and :Mi souri, and to emphasize to commerce the value cau e I ha-re a feeling that if these canal and waterways are of dependable waterways is operating experimental barge lines upon developed, the e sential fooNew York City three-quarters · of the population li-re in We have the strt>ams, and ultimately they will be improved for tenements, with no facilities for the storage of coal. They go service. They can develop bnth transportation anu power. They out every morning, Mr. President, with a bucket to get coal, will be complet d for longer hauls and inter.,ecting routes; they will just as they go out every morning to get a bottle of milk or a be standardized, so that all sections of tbe country would derive ad­ loaf of bread. Unless there is an unceasing flow of coal, so vantage from them. that the people may be supplied every day, it is only a matter It is gratifying to note a growth of sentiment favoring the co­ of a few weeks when there will be suffering and death as a orllination of various means of tr:rn··portation-the rail, the highway, result of failure of the fuel supply. and tbe waterway. Each of these bas rendered a dlstinct service. I hope, :Mr. President, that Congress will not adjoum for the 'They can render a greater ~ervice, more satisfying to the producer holidays until it has taken some constructive step looking to­ and to the con. umcr, as well as to the shipper, if made t(} assist ward the solution of this important problem. I want to _im­ rather than oppose each other. pre s upon my colleagues that it is important. Some of you I wi b yon would extend my greetings to the convention. who come from the balmy South, where the sun furnishes the Very truly yours, C.!LyiN COOLlDGJ'J. heat, have no reali~tion of the ~ecessity of the people living 1925 CONGRESSIONAL RECORD-SENATE 999 " - - -

in the North; and there is a crisis which must be met. There UNITED STATES MARSHAL is a situation, by reason of the strike in Pennsylvania, which Richard A. Harvin, of Texas, to be United States marshal, makes it impossible for the people to obtain coal. Substitutes southern di trict of Texas. A reappointment, his term having are being used, but they are being rapidly exhausted. Not for expired. long can the people afford to pay at the rate of forty or fifty dollars a ton, which the tenement dweller must do under pre­ APPOIXTMENTS, BY TRANSFER, IN THE REGULAR ARYY vailing conditions; but even this makeshift will fail unless the FIELD ARTILLERY strike i settled. Second Lieut. Thomas Elton Smith, Air Service, with rank In thhi brief way, Mr. President, I desire to call the atten­ from June 12, 1925. tion of my colleagues to this matter. I hope they- will give INFANTRY thought to it, in order that, if possible, there may be worked Second Lieut. Judson Macivor Smith, Air Service, with rank out some plan by which relief can be given to the people, who from June 12, 1925. will suffer and die if that relief is not given and given speedily. .AIR SERVICE P URPORTED RESOLUTION OF ARIZONA LEGISLATURE ON COLORADO First Lieut. James Milligan Gillespie, Ordnance Department RIVER COliPAC'f; ERRO~EOUSLY PRINTED I:N THE RECORD (detailed in Air Service), with rahk from September 13, 1919. The VICE PRESIDENT. The Chair lays before the Senate PROMOTION IN THE REGULAR ARMY a telegram from the Go\ernor of Arizona which should accom­ VETERI:.~ARY CORPS pany the resolutions passed by the Legislature of Arizona and First Lieut. James Lew Barringer, Veterinary Corps, to be referred to the Committee on Irrigation and Reclamation on captain from December 16, 1925. December 10. Without objection, it will be so referred. Mr. A. HURST. Let the telegram be read. PosTMASTERS The VICE PRESIDENT. The Clerk will read the telegram. .ALABAMA The Chief Clerk read as follows : Charles 0. J obnson to be postmaster at Ensley, Ala., in place PHOE~IX, ARIZ., Decembe1· 11, 19f-5. of R. S. Hickman. Incumbent commission expired June 4, { Hon. HENRY F. ASHURST, 1924. United States Senate, Washi11gton, D. 0.: Thomas A. Carter to be postmaster at Grove Hill, Ala., in I am sending following telegram to "Vice President Dawes: place of T. A. Oarter. Incumbent's commission expired No­ "My attention is directed to page 587, CONGRESSIONAL RECORD. De­ vember 15, 1925. cember 10, in which you laid before Senate what purports to be official Charles w. Chambers to be postmaster at Cherokee, Ala., in action of the State of Arizona on House Concurrent Resolution No. 1 place of P. L. Kirsch, l'esigned. on Colorado River compact. .ARIZONA "Record on the resolution incomplete, in that it does not show that Charles L. Beatty to be postmaster at Nogales, Ariz., in place the resolution was vetoed by the Governor of Arizona, and that the of C. L. Beatty. Incumbent's commission expired October 22, RECORD does not contain such veto message. I also direct your atten­ 1925. tion to the fact that the constitution and laws of the State of Arizona Walter J. Kowalski to be postmaster at Springerville, Ariz., make the Governor of .Arizona the sole means of official communication in place of W. J. Kowalski. Incumbent's commission expired between this State and other States and this State and the "United October 25, 1925. States. Parties sending resolution to you acted in an illegal and un­ Katherine Upton to be postmaster at Wickenburg, Ariz., in warranted manner. I respectfully request you lay this telegram before place of M. J. HowelL Incumbent's commission expired March the Senate." 3, 1924. I respectfully request this matter be laid before the Senate. .ARKANSAS GEo. W. P. HUNT, Go!;ernor. Garrett C. Chitwood to be postmaster at Scranton, Ark., in Mr. ASHURST. Mr. President, the Vice President has acted place of G. C. Chitwood. Incumbent's commission expired No­ ju tly in laying this telegram from the Go\ernor of Arizona '\ember 17, 1925. before the Senate. Upon an examination of the Co~GRESSIONAL :Mary L. Beeson to be postmaster at Waldo, Ark., in place RECORD of the proceedings of the Senate on Thursday, the of M. L. Beeson. Incumbent's commi ion expired November lOth of December of this year, it will be disclosed that the 17, 1925. Vice President, in compliance with long-established custom, William D. Eakes to be postmaster at Dover, Ark. Office be­ handed down to the Secretary's desk a large number of reso­ came presidential April 1, 1924.

lutions and memorials adopted by various State legislatures. C..ALIFOR~IA Amongst the >arious memorials and re.·olutions thus banded down was a document which I assume came to the Vice Presi.­ Alpheus G. Sawin to be postmaster at Loyalton, Calif., in dent by regular course of mail, which same purported to be a place of A. G. Sawin. Incumbent's commission expired Sep­ resolution adopted by the Legislature of Arizona; but inas­ tember 5, 1922. much as that resolution was vetoed by the governor and was Uriah S. Bock to be postmaster at Maricopa, Calif., in place never passed notwithstanding such \eto, the resolution of of F. L. Bigelow. Incumbent's commission expired May 13, u 1925. course bad no proper pla~e in the RECORD. Genevieve Frahm to be postmaster· at Palmdale, Calif., in EXECUTIVE SESSION place of Genevieve Frahm. Incumbent's commission expired Mr. CURTIS. I mo>e that the Senate proceed to the con­ October 3, 1925. sideration of executive business. C. Lester Co'\alt to be postmaster at San Anselmo, Calif., in The motion was agreed to, and the Senate proceeded to the place of C. I.... Covalt. Incumbent's commission expired Novem­ consideration of executive business. After 10 minutes spent in ber 8, 1925. executive session the doors were reopened, and (at 3 o'clock Hamilton G. Merrill to be postmaster at Paso Robles, Calif., and 55 minute p. m.) the Senate adjourned until to-morrow, in place ofT. W. Henry, deceased. Friday, December 18, 1925, at 12 o'clock meridian. Louis Cademartori to be postmaster at San Andreas, Calif., in place of E. S. Stroup, remo>ed.

NOMINATIO~S COLORADO John W. Emmerson to be postmaster at Canon City, Colo., in Executive 11.01nin.ations recei.oved by the Senate December 1"/, 1925 place of J. W. Emmerson. Incumbent's commission expired August 24, 1925. COMMISSIONER OF LABOR STATISTICS George W. Karn to be postmaster at Granada, Colo., in place Ethelbert Stewart, of Illinois, Commissioner of Labor Sta­ of G. W. Karn. Incumbent's commission expired August 20, tics, Department of Labor. 1925. Darlie R. Greigg to be postma ter at Greeley, Colo., in place COMMISSIONER GENERAL OF IMMIGRATION of D. R. Greigg. Incumbent's commission expired December Harry E. Hull, of Iowa, Commi sioner General of Immigra­ 15, 1925. tion, Department of Labor. Lewis lL Markham to be postmaster at Lamar, Colo., in place of L. 1\1. Markham. Incumbent's commission expired CoLLECTOR OF CusToMs November 2, 1925. Thomas L. Walker, of Lexington, Ky., to be collector of cus­ John H. Kincaid to be postmaster at La Veta, Colo., in place toms for customs collection district No. 42, with headquarters of J. H. Kincaid. Incumbent's commission expired October 6, at Louisville, Ky. Reappointment. 1925. 1000 OONGRESSION.A.L RECORD-SENATE DECEl\IBER. 17

James S. Grisham to be postmaster at Trinidad, Colo., in James F. Temple to be poshnaster at Bode, Iowa in place place of J. S. Gri ·ham. Incumbent's commission expired Ko­ of J. F. Temple. Incumbent's commission expired December vember 2, 1925. 14, 1925. CO~~ECTIC"C"T . Albert H. Dohrmann to be postma ter at Charlotte, Iowa. Levi C. Frost to be postmaster at Milldale, Conn., in place of lll place of A. II. Dohrmann. Incumbent's commission expiretl L. C. Frost. Incumbent's commission expired December 14, October 24, 1923. 1925. Earl M. Skinner to be }Jostma ter at Farnhamville, Iowa. in Florence G. Perry to be po tmaster at Montville, Conn., in place of E. M. Skinner. Incumbent's commiss:on expired De­ place of F. G. Perry. Incumbent's commission expired Novem­ cember 14, 1923. ber 15, 1925. Emil C. \'i~eisurod to be postmaster at Fenton, Iowa, in place Nellie A. Byrnes to be postmaster at Pomfret, Conn., in place of E. C. Weisbrod. Incumbent's commission expired Decembet· of N. A. Byrnes. Incumbent's commi ion expired November 14, 1023. 15, 1925. Raymond F. Sargent to be postmaster at Fonda, I owa, in Robert A. Dunning to be postmaster at Thompson, Conn., in place of R. F. Sargent. Incumbent's commi ·ion expired De­ place of R. A. Dunning. Ineumbent's commission expired Oc­ cember 14, 1925. tober 11, 1925. W~li~m Foer tner to be postmaster at High, Iowa, in plac~ Lincoln Taylor to be po 'truaster at Stamford, Conn., in place of Wilham Foerstner. Incumbent's commission expired Octo­ of Robert Whittaker, deceased. ber 24, 1925. FLORIDA John F. Cagley to be postmaster at Ionia, Iowa, in place of J. F. Cagley. Incumbent's commission expired December 14 Daniel C. Smith to be postmaster at Center Hill, Fla., in 1923. I place of D. C. Smith. Incumbent's commission expii·ed Decem­ Martin A. Sandstrom to be postmaster at Kiron, Iowa, in ber 14, 1925. place of M. A. Sandstrom. Incumbent's commission expired Henry C. Reynold to be postmaster at Littleriler, Fla., in December H. 1925. place of E. L. Raby, resigned. l\lartin A. Aasgaard to be po tmaster at Lake :Mills, Iowa, in Clyde Bland to be po tmaster at Pompano, Fla., in place of place of ~f. A. Aasgaard. Incumbent's ·commission expirerl R. L. 'Valdron, re~· igned. December 14:, 1925. CEORGll Carl_~ielsen to be posh~a ter at Moorhead, Iowa, in place of Leila W. :Maxwell to be po ~· hna . ter at Danville, Ga., in place Carl ::\Ielsen. Incumbents commission exr)ired December 14: of L. W. l\Iaxwell. Incumbent's commission expired Novem­ 19~). ' ber 21, 1925. l":ysses G. Hunt to be po. tmaster at Plymouth, Iowa, in place John H. Hendrix to be postmaster at Hawkinsville, Ga., in of "C. G. Hunt. Incumbent's commi "ion expired December 14 place of J. P. l\IcGriff. Incmnbent's commi ion expired June 1V25. ' 4, H)24. KANSAS William N. Casey to be postmaster at Kingsland, Ga., in place of W. N. Casey. Incum!Jent's commission expired Novem­ Claude C. Wheat to be postmaster at Augn ta, Kam~.. in ber 23, 1925. place of C. C. ·wheat. Incumbent's commi sion expired Ko· Benjamin N. Walters to be postmaste.r at Martin, Ga .. in place vember 17, 1925. of B. N. Walter. . Incumbent's commi sion e2...--pired November Peter H. A.?rian to be postma ter at Buhler, Kans., in place 21, 1925. of P. H. Adnan. Incumbent's commission expired Au"'ust 1!.1 John T. Bird to be po:-;hnaster at Oxford, Ga., in place of 1925. ~ ' J. T. Bird. Incumbent's commission expired February 4, 1924. ::\linnie B. Fretz to be postmaster at Canton, Kans., in plnce Mary E. E"rerett to be postmaster at St. Simon Island, Ga., of :\1. B. Fretz. lncumbe11t' · commi sion expired Decem!Jer 13 in place of l\1. E. Everett. Incumbent's commission e~--pired 1925. ' September 30, 102:). Nathan W. Huston to be postmaster at Columbus, Kamt. in place of N. W. Huston. Incumbent's commission eAl)ired l\·o­ William H. Flanders to be postmaster at Swainsboro, Ga., in / place of W. H. Flander . Incumbent's commi sion expired De- vember 23, 1925. cember 14, 1925. · John \'i~. Baker to be postmaster at De Soto, Kans., in place IDAHO of J. W. Baker. Incumbent's commission expired December lG 1925. ' Louis E. Diehl to be postmaster at Eagle, Idaho, in place of Ro e B. Stapleton to be postmaster at Fulton, Kans .. in ph.1r•~ L. E. Diehl. Incumbent's commission expired August 2-!, 1925. of R. B. Stapleton. Incumbent's commis ion expired December ILLL"OIS 15, 1925. William J. Hamilton to be postmaster at Evanston, Ill., in Fred L. l\IcDo-well to be po tmaster at Garfield, Kans., in place of W. J. Hamilton. Incumbent's commission expired place of F. L. l\IcDowell. Incumbent's commLsion e~--pired November 17, 1925. .August 19, 1925. Tena S. Ecklund to be po ·tmaster at Lamoille, Ill., in p1ace Porter Young to be po tmaster at Great Bend, Kans., il) place ofT. S. Ecklund. Incumbent's commission expired October 20, of Porter Young. Incumbent's commission eA1)ired September 1D25. 27, 1925. Harrison T. Berry to be postmaster at Morrison, Ill., in place Xellie I. :Morley to be postmaster at Highland, Kans., in place of H. T. Berry. Incumbent's commission expired December 14, of N. I. l\Iorley. Incumbent's commission expired November D 1925. ' H.l25. Orth B. Sanders to be po tmaster at Roberts, Ill., in place Lida Zimmerman to be postmaster at Otis, Kans., in place of Lida Zimmermal). Incumbent's commission expired August 24 of 0. B. Sanders. Incumbent's commission expired Nowm­ 1925. , lJer 8, 1025. Frank Gandy to be postmaster at Ullin, Ill., in place of Es;-;ie ~I. Ho man to be postmaster at Potwin, Kans., in place Frank Gandy. Incumbent's commission expired October ll1 of E. ni. Hosman. Incumbent's commission expired December 1025. 15, 1925. Anna C. Krans to be postmaster at Altona, Ill., in place of John H. Sm1ley to be postmaster at Ransom, Kan. ., in plarc F. C. Krans, deceased. of J. H. Sunley. Incumbent's commission expired Augn t HI, ·william H. Ste-inke to be postmaster at Des Plaines, Ill., in 1925. place of William Lewerenz, resigned. Fred D. Bush to be postmaster at Copeland, Kans., in place of J e ·se Rayl, resigned. INDIA~ .A McKinley Ayer to be po tmaster at Chrisney, Ind., in place E:E~TUCKY of McKinley Ayer. Jncumbent's commission expired No•em• Walter L. Prince to be postmaster at Benton, Ky.. in place ber 17, 1925. of W. L. Prince. Incumbent's comml ·sion expired December IOWA H, 1925. William H. Hall to be postmaster at Allerton, Io-wa, in Ella Chelf to be postmaster at Bradfords'Ville, Ky., in place place of W. H. Hall Incumbent's commission expired De­ of D. 0. Burke, resigned. cember 14, 1925. Luther G. Bernard to be postmaster at Jamestown, Ky., in Frederick W. Werner to be postmaster at Amana, Iowa, in place of Z. R. Hill. remo'Ve<.l. place of F. W. Werner. Incumbent's commission expired Oc­ l\laude E. Gan·ell to be postmaster at :Midway, Ky., in place tober 20, 1925. of C. "\V. Parrish, re ·igned. · 1925 CONGR.ESSIONAL RECORD-SENATE 1001

LOUISIA:V" A MONTANA Elias 0. Leone to be postmaster at Zwolle, La., in place of George S. Haynes to be postmaster at Judith Gap, Mont., in E. C. Leone. Incumbent's commission expired August 24, 1925. place of G. S. Haynes. Incumbent's commission expired De­ Esther B. Dunn to be postmaster at Slaughter, La. Office cembel' 14, 1925. became presidential July 1, 1922. Harry H. Goble to be po tmaster at St. Ignatiu , 1\Iont., in place of H. H. Goble. Incumbent's commission exl}ired De-­ MAIXE cember 14, 1925. Ella M. McKenney to be postmaster at Jackman Station, NEBRASKA l\le., in place of E. J. McKenney, removed. Francis W. Purdy to be postmaster at Hildreth, Nebr., in MABYLA...."'D place of F. W. Purdy. Incumbent's commLsion expired No,-em- ber 21, 1925. • Lillie M. Pierce to be postmaster at Glyndon, Md., in place Fred C. Armitage to be postmaster at Kenesaw. Nebr., in of L. S. Wheeler, re igned. place of F. C. Armitage. Incumbent's commission expired Oc­ MASSACHUSETTS tober 25, 1925. Walter Plybon to be postmaster at Salem, Nebr., in place of Archibald B. McDaniels to be postmaster at Enfield, Mass., :i\1. M. Mason. Incumbent's commission expired August 20, in place of A. B. McDaniels. Incumbent's commission expired 1025. August 24, 1925. Willard Stong to be po tmaster at Syracu e, Nebr., in place George T. McLaughlin to be postmaster at Sandwich, Mass., of Willard Stong. Incumbent's commission expired December in place of G. T. McLaughlin. Incumbent's commission expired 14, 1925. November 19, 1925. Richard Lyon to be postmaster at Hubbardston, Mass., in NEVADA place of H. L. Claflin, deceased. Walter S. Norris to be postmaster at Winnemucca, Nev., in place of W. H. Ayres, resigned. MICHIGAN NEW HAMPSHIRE Patrick H. S hannenk to be postma ter at Chassell, Mich., in place of P. H. Schannenk. Incumbent's commission eA-plred James A. Re(>d to be postmaster at Union, N. H., in place of July 2-8, 1923. J. A. Reed. Incumbent's commission expired November 19, Charles Hallman to be postmaster at Iron Mountain, 1\Iich., 1925. in place of Hugh McLaughlin. Incumbent's commission expired NEW JERSEY September 13, 1922. Charles R. Bassett to be postmaster at Bloomsbury, N. J., in George E. Meredith to be postmaster at Minden City, 1\Iich., place of C. R. Bassett. Incumbent's commission expired De­ in place of G. El ~leredith. Incumbent's commis don expired cember 14, 1925. December 15, 1925. . David Hastings to be postmaster at Boundbrook, N. J., in Yolney R. Reynolds to be postmaster at 'Yaldron, Mich., in place of David Hastings. Incumbent's commission expired place of V. R. Reynolds. Incumbent's commission· expired July 27, 1925. December 15, 1925. James E. \anderhoof to be po tmaster at Denville, N. J., in John F. Krumbeck to be postmaster at Williamston, 1\Iich., place of J. E. Vanderhoof. Incumbent's commission expired in place of J. F. Krumbeck. Incumbent's commission expired November 15, 1925. December 14, 1925. Edith D. Wikoff to be postmaster at Fanwood, N. J., in place of E. D. Wikoff. Incumbent's commission expired November 15, 1925. Fred A. Shipman to be postmaster at Chokio Minn., in place William Hockenjos, jr., to be postmaster at Lake Hopatcong, of F. A. Shipman. Incumbent's commission expired November N. J., in place of William Ilockenjos, jr. Incumbent's com­ 23, 1925. mi . ~~ion expired Decembe1· 14, 1925. Mary J. Anderson to be postmaster at Cyru , Minn. in place Elias H. Bird to be postmaster at Plainfield, N. J., in place of M. J. Anderson. Incumbent's commis ion expired October 6, of E. H. Bird. Incumbent's commi ~ sion . expired October 4, 1925. 1925. Chris N. Kesscth to be postmaster at Deer River, :\linn., in Richard .J. Rogers to be postmaster at Rumson, N. J., in place of C. N. Nesseth. Incumbent's commis ion expired place of R. J. Rogers. Incumbent's commission expired No­ November 17, 1025. vember 23, 1925. Elmer C. Hutchin.son to be postmaster at Eagle Bend, Minn., William A. Cullen to be postmaster at Waldwick, N. J., in in place of E. C. Hutchinson. Incumbent's commission expired place of W. A. Cullen. Incumbent's commission expired November 22, 1925. August 5, 1925. James C. Wilson to be po tma ter at Grygla, Minn., in place David C. R. Hoff to be po tmaster at Neshanic Station, of J. C. Wilson. Incumbent's commission expired .r{ovember 17, N. J., in place of R. E. Amerman, resigned. 1925. . Frank R. Parry to be postmaster at Wanaque, N. J. Office Stanley A. Torgerson to be postmaster at Hawley, Minn., in became presidential July 1, 1925. place of S. A. Torger on. Incumbent's commission expired De­ cember 14, 1925. ~"'EW MEXICO August 0. Lysen to be postmaster at Lowry, Minn., in place John H. Evans to be postma.::ter at State College, N. Me:x., of A. 0. Lysen. Incumbent's commission expired October 3, in place of C. L. Vaughan, resigned. 1925. NEW YORK William R. Gates to be postmaster at North St. Paul, Minn., in place of W. R. Gates. Incumbent's commission expired An­ Stanley D. Corni~h to be postma ter at Carmel, N. Y., in gust 24, 1925. place of S. D. Cornish. Incumbent's commission expired De­ Anton Levandosky to be postmaster at Williams, Minn., in cember 14, 1925. place of Anton J.. evandosky. Incumbent's commission expired Frederick Traudt to be postmaster at Hyde Park, N. Y., in November 22, 1925. place of Frederick Traudt. Incumbent's commission expired John A. Oberg to be postmaster at Deer Wood, Minn., in December 14, 1925. place of 0. C. Coffin, resigned. William A. Henderson to be postmaster at Manhasset, N. Y., in place of C. A. Hamilton. Incumbent's commi sion expired MISSOURI August 24., ).925. Joseph Volle to be postmaster at Harrisonville, Mo., in place Owen W. House to be postmaster at Parish, N. Y., in place of Joseph Volle. Incumbent's commission expired November 9, of 0. W. House. Incumbent's commission expired December 1925. 14, 1925. Chester D. Green to be postmaster at Hume, Mo., in place of Edward T. Sheffer to be postmaster at Shortsville, N. Y., in C. D. Green. Incumbent's commission expired November 19, place of E. T. Sheffer. Incumbent's commission eXIJired Ko- 1925. vember 9, 1925. . James A. Coder to be postmaster at Lewistown, 1\Io., in place Norman L. Bedle to be postmaster at Spring Valley, N. Y., of J. A. Coder. Incumbents commission expired November 14, in plaee of N. L. Bedle. Incumbent's commi sion e:x:pired No­ 1925. Yember 23, 1925. Aaron D. Peterson to be postmaster at Bro"-ning, l\Io., in George M. Watson to be po~tmaster at Scio, N. Y. Office place of J. W. Smith, resigned. became presidential January 1, 1925. 1002 OONGRESSIOX.AL RECORD-SENATE DECE-IBER 17

NORTH CAROLI"S A Robert L. Ginn to be posbnaster at Brownsville, Tex., in place Ollie C. McGuire to be postmaster at Zebulon, N. C., in place of R. L. Ginn. Incumbent's commission expired July 21, 1925. of L. L. 1\Iassey. Incumbent's commission expired September Elmer Carlton to be postmaster at Carlton, Tex., in place of 5, 1922. R. A. Smith. Incumbent's commission expired July 28, 1923. NORTH DAKOTA Newell S. Hanna to be postmaster at Crandall, Tex., in place '\"illiam A. Borderud to be postmaster at Davenport, N. Dak. of A. P. Hanna. Incumbent's commission expired January 31, 1924. Office became presidential July 1, 1925. Josephine J. Luther to be }Jostmaster at Monango, N. Dak., in "'\\,.ill!e P. Hallmark to be postma ter at Dublin, Tex.. in place place of J. J. Luther. Incumbent's commission expired October of W. P. Hallmark. Incumbent's commission expired Septem­ ber 27, 1925. 7, 1925. OHIO Arthur N. Richardson to be posbnaster at Electra, Tex., in place of A. N. Richardson. Incumbent's commission expil·ed Fred C. Troxel to be po tmaster ·at Apple Creek, Ohio, in September 27, 1925. place of F. C. Troxel. Incumbent's commission expired De­ Walter S. Yates to be postmaster at Forney, Tex., in placE: cembE>r 15, 1925. of W. S. Yates. Incumbent's commission expired November 18, John R. Williams to be postmaster at College Corner, Ohio, 1925. in place of J. R. " Tilliams. Incumbent's commission expired William C. Young to be postmaster at Garrison, Tex.. in place Dec·ember 14, 1925. of W. C. Young. Incumbent's commission expired November William S. Barbite to be postmaster at Hamler, Ohio, in 18, 1925. place of w. S. Barbite. Incumbent's commission expired De­ Larkin B. Richardson to be postmaster at Groe beck, Tex., cember 14, 1925. in place of J. T. Cox. Incumbent's commission expired July 28, Ed,,in D. Cox to be postmaster at Leesburg, Ohio, in place 1923. . of E. D. Cox. Incumbent's commission expired December 15, Matilda .Akeson to be postmaster at Hale Center, Tex., in 1925. place of Matilda Akeson. Incumbent's commission expired Bolivar C. Reher to be po ·tma ter at Loveland, Ohio, in November 18, 1925. place of B. C. Reber. Incumbent's commission expired De­ George W. L. Smith to be postmaster at Henderson, Tex., in cember 15, 1925. place of G. "T· L. Smith. Incumbent's commission expired \ William E. Lehman to be postmaster at Payne, Ohio, in place October 17, 1925. of W. E. Lehman. Incumbent's commission e~'"J)ired Decem­ Charlie B. Starke to be po. tmaster at Holland, Tex., in place ber 15. 1925. of C. B. Starke. Incumbent's commission expired November William Schnoor to be postmaster at Put in Bay, Ohio, in 18, 1925. place of William Schnoor. Incumbent's commission e:A'"J)ired Edmond W. Corley to be postmaster at Humble, Tex., in De('em ber 14, H>25. place of D. L. Lunn. Incumbent's commh;sion expired July 28, Jesse Gamble to be postmaster at Shadyside, Ohio, in place 1923. of Jesse Gamble. Incumbent's commission expired December Albert L. Jenning · to be postmaster at Kosse, Tex., in place 13. 1925. of E. B. Bryant. Incumbent's commission expired April 5, 1924. Wilbur D. Schuder to be postmaster at West Carrollton, Audry R. Redden to be postmaster at Ponta, Tex., in place of Ohio. in place of W. D. Sclmdcr. Incumbent's commission ex­ Robert l\Iontgomery, resigned. pired December 15, 192G. Henry B. Harrison to be postma. -ter at La Porte, Tex., in Frank F. Perringer to be postmaster at Woodville, Ohio, in place of H. B. Harrison. Incumbent's commis ·ion expired place of F. F. PerrinO'er. Incumbent's commission expired August 24, 1925. Dercmber 15, 1925. Alide Schneider to be postmaster at Marion, Tex., in place of OKLAHOYA Alide Schneider. Incumbent's commission expired August 17, Ode ·~a H. "'\Yillis to be postmaster at Pittsburg, Okla., in 1925. place of 0. H. 'Willis. Incumbent's commission expired Sep­ l\Iae Sheen to be postmaster at Mertzon, Tex., in place of teru ber 27, 1925. I\lae Sheen. Incumbent's commission expired August 20, 192u. Charles W. Youngblood to be postmaster at Hanna, OkJa., in Lucy Breen to be postmaster at Mineola, Tex., in place of place of J. D. Powell, resigned. Lucy Breen. Incumbent's commis ion expired November 18, PEXNSYLVANU 1925. l\Iary L. Hardy to be postmaster at Newcastle, Tex., in place Katherine .M. Dom to be postmaster at Dawson, Pa., in place of B. B. "yard. Incumbent's commission expired March 8, of K. :£\1. Dom. Incumbent's commis ·ion expired August 24, 1922. 1n25. James C. Bovard to be postmaster at Marion Center, Pa., in W A.SHINGTON IJlace of J. C. Bovard. Incumbent's commission expired Novem­ Elijah H. Nash to be po tmaster at Friday Harbor, Wash., ber 23, 1925. in place of E. H. Nash. Incumbent's commission expired De­ Richard U. Dodson to be postmaster at Rochester 1\Iills, Pa., cember 14, 1925. in place of A. W. Richardson. Incumbent's commission expired WEST VIRGIXU August 24, 1925. Fanny Murray to be postmaster at Sandyville, "'\V. Ya. Office :\fargaret Patterson to be IJOStmaster at Langeloth, Pa, in became presidential July 1, 1924. place of Roberta Beaumont, resigued. Edwin W. James to be postmaster at Newville, Pa., in place WISCONSI::'i of G. D. Frey, decea ed. Stanley R. Morse to be postmaster at River Falls, Wis., in l\Iartin H. Thomas to be postmastet at Smock, Pa. Office be­ place of J. A. Haddow, deceased. came pre idential October 1. Ul23. George E. Alderson to be postmaster at Benton, Wis., in place of G. E. Alderson. Incumbent's commission expired December RHODE ISLAND 15, 1925. "Tilliam H. Follett to be postmaster at Howard, R. I.. in place l\Iay I. Kinsey to be postmaster at Fish Creek, Wis., in place of W. H. Follett. Inctimbent's commission expired December of 1\I. I. Kin~ey. Incumbent's commi sion expit·ecl Augu~t 2-1, 14, 1925. 1925. SOUTH CAROL!~ A Wallace H. Pierce to be postmaster at Menasha, WiH., in

"William H. Lott to be postmaster at St. George, S. C., in place place of W. H. Pierce. Incumbent's commission expired Octo4 of S. L. Johnston. Incumbent's commission expir3d September ber 25, 1n25. 19, 1922. WYOMIXG TEXNESSEE Prince A. Gatchell, jr., to be postmaster at Buffalo, Wyo., in Allison z. Hodges to be postmaster at Bethpage, Tenn., in place of P. A. Gatchell, jr. Incumbent's comrnis ion expired place of A. Z. Hodges. Incumbent's commission expired Octo- l\Iay 4, 1925. bN' 25, 1925. TE~AS CONFIRUATIONS Manley J. Holme to be postmaster at Baird, Tex., in place Executive nominations con{irniea by the Senate December 1"1, of l\L J. Holmes. Incumbent's commission expired November 18, 1925. 1925 1\Iark A. Taylor to be postmaster at Bonham, Tex., in· place SECOXD ASSISTA.'T POSTMASTER GE~ERAL ot 1\I. A. Taylor. Incumbent's commission expired October 17, Warren Irving Glo\er to be Second A sistant Postmaster 1925. General. . 1925 OONGRESSION AL RECORD-SEN ATE 1003

THIRD AssrsTANT PosTMASTER GEl\'"ERAL Robert S. Burgher. Donald R. Heath. Robert S. Regar to be Thii·d Assistant Postmaster GeneraL Leon H. Ellis. Jack Dewey Hicket·son. Waldemar J. Gallman. Robert D. Murphy. AssiSTANT SECRL'TARY oF STATE Donald F. Bigelow. George P. Shaw. Robert E. Olds to be Assistant Secretary of State. Edward S. Crocker, 2d. John Stambaugh, 2d. AMBASSADOR EXTRAORDINARY AKD PLENIPOTENTIARY Nathaniel P. Da\is. Charles MacVeagh to be ambassador extraordinary and pleni­ CLASS 8 potentiary to Japan. Conger Reynolds. Carl D. Meinhardt. EiVOYS EXTRAORDINARY Ar.-n MilHSTERS PLENIPOTENTIARY Thomas H. Robin on. Hugh S. Miller. Charles C. Hart ro be envoy extraordinary and minister Leslie E. "'T oods. Sydney B. Redecker. plenipotentiary to Albania. Gilson G. Blake, jr. Hany L. Troutman. John Van A. l\lacl\1urray to be envoy extraordinary and James Hugh Keeley, jr. James E. l\IcKenna. mini ter plenipotentiary to China. UNCLASSIFIED E\an E. Young to be envoy extraordinary and minister pleni­ Clayson W. Aldridge. John Carter Vincent. potentiary to the Dominican Republic. Robert L. Buell. John W. Bailey, jr. Alfred J. Pearson to be envoy extraordinary and minister Selden Chapin. William E. Beitz. plenipotentiary to Finland. Charles Henry Coster. Julian F. Harrington. John B. Stetson, jr., to be envoy extraordinary and minister Miss Pattie H. Field. Ellis 0. Briggs. plenipotentiary to Poland. Franklin B. Fro t. Dand K. E. Bruce. William S. Culbertson to be envoy extraordinary and minster Harvey S. Gerry. Augustus S. Chase. plenipotentiary to Rnmania. . Durward Grinstead. Early B. Chri tian. William W. Ru. sell to be envoy extraordinary and minister Julius C. Holmes. Lewis Clark. l)lenipotentiary to Siam. • Royal R. Jordan. llarry L. Franklin. DIPLOMATIC AGENT AND CONSUL GENERAL David McK. Key. Eugene M. Hinkle. . ) :\Iaxwell Blake to be diplomatic agent and consul general J. Hall Paxton. Edward P. La\vton, jr. Angus I. Ward. John H. Lord. · at Tangier, Morocco. Clifton R. Wharton. William H. T. Mackie. FOREIGN SE:RTICE David Williamson. John H. Morgan. TO BE SECRETA.RIES, DIPLOMATIC SERVICE Stanley Woodward. W. :Mayo Newhall, jr. Dana G. Munro. Hamilton C. Claiborne. Roy W. Baker. Lloyd D. Yate. . Rudolf E. Sehoenfeld.. Ernest L. Ives. Allan Dawson. McCeney Werlicb.

Clifton R. Wharton. R. A. Wallace Treat. TO BE VICE CO~SUL OF CAREER TO BE CON ULS GENERAL J. Holbrook Chapman. David William on. Charles B. Curtis. FranJ.: P. Lockhart. Clayson W. Aldridge. Stanley Woodwnrd.

TO BE CO~SULS Robert L. Buell. Roy W. Baker. Selden Chapin. Allan Dawson. Walter C. Thurston. Gilson G. Blake, jr. Charles Henry Coster. John Carter Vincent. Harold l\L Deane. Jame Hugh Keeley, jr. Miss Pattie H. Field. George R. Paschal, jr. James E. McKenna. Carl D. Meinhardt. Franklin B. Fro t. John W. Bailey, jr. Conger Reynolds. Hugh S. Miller. Har\ey S. Gerry. William E. Beitz. Thomas H. Robin. on. Sydney B. Redecker. Durward Grinstead. Julian F. Harrington. Leslie E. Wood . Harry L. Troutman. Julius C. Holmes. John H. Lord. CLASS 1 Royal R. Jordan. Albert M. Doyle. Euwin S. Cunningham. Alexander W. Weddell. David l\IcK. Key. Loy W. Henderson. Leo J. Kenna. J. Hall Paxton. Thomas S. Horn. CLASS 2 Angus I. Ward. Alfred T. Nester. Ferdinand L. :\layer. Ransford S. Miller. UNITED STATES DISTRICT JUDGES Arthur Garrels. John Campbell White. William Clark to be United States district judge, New Jersey. Douglas Jenkins. Albert W. Johnson to be United State district judge, middle CLASS 3 district of Pennsylvania. R. Henry l\orweb. John F. Jewell. :MEMBER UNITED STATES SHIPPI~G BOARD George A. Gordon. Benjamin Thaw, jr. John Henry Wall h to be a member of the United States L. Lanier Winslow. North Winship. Shipping Board for the unexpired term of six years from Calvin :M. Hitch. June 9, 1923. · CLASS 4 POSTMASTERS

Frank C. Lee. Pierre de L. Boal. ARKA~SAS James B. Stewart. J o eph E. Haven. Louella Boswell, Almyra. Edwin C. Wilson. William L. Jenkins. Willie C. Allen, Amity. Alan F. Win. ·low. Hugh H. Watson. Edwin E. Blackmon, Augusta. J o ·eph W. Ball an tine. Frank P. Lockhart. Adine Dimm!g, Bauxite. CLASS 5 Wendell W. Watkins, Belle\ille. Wainwright Abbott. Benjamin Reath Riggs. Fairy K. Reynolds, Bradley. J O.'eph Flac:I·. Merritt Swift. Horace C. Hiatt Charleston. Frederic D. K. Le Clercq. llarold H. Tittmann, jr. Marie 0. Pitts, Cherry VaHey. "William C. Buruett. Henry C. A. Damm. :Milton T. Knight, Chidester. H. Merle Co<:hran. .lohn D. Johnson. Harriet M. Shrigley, Coal Hill. John P. Hurley. Dayle C. McDonough. Floyd l\I. Carter, De Queen. Jo::-eph E. Jacobs. Edward I. Nathan. Ree e D. Henry, Dierks. George A. Makin. on. Elbridge D. Rand. Jesse F. Booth, Elnine. CLA S 6 Jonnie Hood, Emmet. Thomas W. Good:son, Fouke. Charles E. Allen. Edward M. Groth. George H. Mills, Garfield. llarry F. Hawley. Edmund B. Montgomery. James G. Place, Gillett. Richard L. Sprague. John F. Simons. George H. Joslyn, jr., Gould. Dana C. Syck~. Clarence J. Spiker. John W. Bell, Greenwood. Harold l\1. Deane. R. A. 'Vallace Treat. Charles n. French, Harrisburg. CLASS 7 William J. Martin, Humphrey. William W. Heard. Loy W. Henderson. John L. Collett, Huttig. John J. Melly. Thomas S. Horn. Frederick B. Leach, Jerome. .Tames J. Murphy, jr. Alfred T. Nester. Flavel G. Briggs, "'Judsonia. Rudolf E. Schoenfeld. S. Bertran(] Jacobson. Della E. Penick, Lake City. Albert M. Doyle. Samuel H. Wiley. Grant B. Sparks, Lamar. 1004 CONGRESSIONAL RECOR.D-SEXATE DECE~IBER 1 7

Samuel D. Thomasson, Leachville. Oscar G. Cross, Hamden. li'r euerick W. Youmans, Lewisville. Orville R. Wiley, llat·tvme. Walter S. Edsall, Louann. George A. Vincent, Hiram. Cha rle A. Roberts, McNeil. Charles V\•. Evans, Huntsville. E ·ton G. Berry, Magazine. Robert S. Nichols, Jackson Center. Andrew I. Roland, Malvern. Olive B. Reed, Jacksonville. Thomas D. Peck. Mammoth Spring. Frank J. Reinheimer, Kelleys Island. Addison ~1. Hall. Marmaduke. George H. Meek, Lakeside. Jp, . e H. Shaw, Midland. Guy El Matthews, Liberty Center. Dell W: Lee, Uinern.l Springs. Stella M. Brogan, Lodi. J ohn W. Webb, l\Iountain View. Carl W. Appel, Lucasville. Clarence l\1. Fink, Newa t·k. Sanford E. Goodell. Luckey. Belle Armour, N'cwport. Godfrer Gesen, Massillon. Willard L. Brennan, Parh"in. Emma Fenstermaker, McClure. CRr1 P.rady, Peach Orchard. Samuel F. Darts, Mendon. J oseph S. Ottinger, Pea Hidge. Elvey E. El~T . Motmt Orab. Rob<'rt Dail, R:n·enden. Frank R. Jackson, Nelsonrule. Claude M. Williams. Rogers. John S. De Jean. Nevada. ""iley C. King, Salem. Elizabeth L. D. Tritt, N'orth Lewisburg. Chnrles A. Kelley. Searcy. Hattie S. Sell, North Lima. O!{<.>flr L. West, Shirley. John P. Lauer, Ottoville. Therese N'. Seott. South :?ort Smith. ~rlYie E. SoYacool, Penin ula. William R. Blakely, Sparkman. William A. Cooper, Piketon. R obert W. Barton, jr., Turrell. Lncina Byers, Poland. Selvin '1!. Butler, Warren. Kelson P. Swank, Quincy. William T. McKinnon, Wes ·on. Crayton E. Womer, Republic. Ed C. Sample. West Fork. Owen Livingston, Richwood. Florence F. McKinzie, Wilson. Henry F. Longenecker, Rittman. Ho\.·cll A. Burne ·, Yellville. Harry B. 1\liller, Rockford. Mary B. Craig, Ru elli; Point. COLORADO Lida R. "·uuamson, Seaman. l\1. Gladys Quinn, Stratton. Howard H. Collins, South Zanesville. GEORGIA Charles E. Kimmel, Struther . Laura A. Hooks, For~yth. Howard Arnsbarg-er, Swanton. l\Iary C. Lauer. Tiltonsville. L\"ORTH CA.ROLINA Hugh C. Bell, Utica. James L. Talbert. Advance. Frank A. Gamble, Yan Wert. Raymond B. Wheatly, Be~mfort. C'hnrles B. Saxby, "·e ton. Justus E. Arm 'trong. Belmont. . J ohn D. Kramer, West Alexandria. Baxter Biggerstaff, Bo tic. Peter Mallendick, Whitehouse. James B. Houser, CherrS'ille. Frank B. Jame . ~ . Willard. John H. HobLon, Cleveland. Edson C. N'ichols, Willoughby. Noall J. Grime ·. Cooleemee. Cyrus S. Daulton, "·inehe~ter. Norman Y. Johnson, Denton. Edward A. Simkin:, Gold boro. BO'LTH CAROLINA Edgar E. Lady, Kannapolis. William B. Blakeley, Andrews. Laura ~1. Gavin, Kenansville. William R. Rozier, Bethune. Carl 1\IcLean. Laurinl..mrg. Irene Stuckey. Bi ·hopville. William l\1. Liles, Lile ville. Tnlly A. Sawyer. Chec;; nee. 'Yillinm J. Flowers, ::uount Olive. Lida E. Setsler. Co\\·pen . Edith V. l\loose, l\Iount Pleasant. John B. O"Xeal, F airfax. Raphael 1\1. Rice. Oteen. Je t;e B. Bird, Inman. :Millard P1·itchard, Pineola. Susie J. :Miller, Jeffer~on. Clarence L. Fi her, Ro··eboro. Erne.-t L. Isenhower, Lake City. Hester L. D01· ~ ett, Spencer. Joi;eph G. Brabham, Olar. Asa C. Par ems, Star. John W. Quick. Pageland. Samuel F. Davidson, Swannanoa. Hohert L. Plexico, ~harou. J esse T. Price, Williamstou. William C. Stepp, Taylors. Hattie J. Peeples, Varuville. OHIO Charles N. Sparks, Akron. TEXAS Everett W. White, Albany. Marion C. Lucky, Balmorhea. William E. Bowers, Amauda. W"illiam H. Seidel. Baytown. Harry E. Kearns, Amelia. Leslie L. Cates, Ben Wheeler. Le ·sa B. Ma ter , Antwerp. Joseph l\. Taylor. Be. t. Varnum C. Collins. Barnes\"Ule. Alois J. Skards, Bloomington... Emma E. Thorne, Berea. Kaney Saunders, Boerne. Lm\'eli E. Blakeley, Botkins. John C. Gee, Call. James P. Evans, Bradner. James T. Gray, Camp Wood. Ora A. Ridilter, Brunswick. Robert H. Stone, Canadian. William H. Neiberg, Buckeye Lake. " .,. alter W. Broadhurst, Canutillo. Horace B. Ramey, Centerburg. Herbert L. Barker. Cumby. Stuart N. Austin, Chardon. Sidney A. James, Encinal. Robert H. Brown, Clyde. V\'alter T. McCarty, Enloe. John W. Shisler. Dalton. John A. Guyer, Fliona. Edward E. TrueSdale, Delphos. Keziah Shield ~ , Glen Ro e. James 0. Miller. Dexter City. Eva H. McCown, Grandview. James A. Barr, Dover. Olemons E. Littlefield, Harwood. l\larvin P. Devore, East Columbus. "'illiam M. Huddleston, Hubbard. l\larie Thompson, East Fultonham. Arthur Treadaway, Lindale. Lee Heckman, Edon. Fay F. Spragins, Martindale. Nelle Snediker, Fairfield. Mary F. Wakefield, Midway. Charles A. Saunders, Findlay. John E. McAllister, l\liramlo City. Ellen l\1. Cumming. Fort Jennings. Lola Marsh, Navarro. l\1Jl·on C. Cox, J4~remont. Arthur C. Wahl, Odem. Orin Breckenridge, Grove City. Maude A. Price, Peh·olia. 1925 CONGRESSIONAL RECORD-HOUSE 1005

Edward E. Alexander, Pioneer. WYOMI~G Janie M. McAlpin, Port Neches. James J. :UcDermott, Arvada. "Wilson P. Hardwick, Pottsboro. Oscar W. Stringer, Dubois. John H. Wilson, Quanah. Minnie C. Corum, Encampment. James A. Carter, Ri<:hland Springs. James E. Patterson, Gebo. Denison P. Greenwade, Rochester. William E. Lloyd, Jackson. Theodore Miller, Rusk. George R. Bringhurst, Lovell. Edmund R. Gallagher, San Diego. Frances P. Youngberg, Lyman. Marjorie C. Ware, Seagraves. Annetta V. Welsh, Midwest. George H. Draeger, Seguin. Peter B. Petrie, Opal. James S. Bate Slaton. Ardery Leo McFarland, Salt Creek. Oscar C. Lowry, South Bend. Clara Wilcox, Saratoga. William P. Harris, Sulphur Springs, Lizzie R. Moore, South Superior. Morus B. Howard, Sweetwater. Catherine McCabe, Van Tassell. Joseph W. Davis, Tearrue. Thomas J. Darling, Temple. WITHDRAWAL Albert W. Henderson, Tenell. George W. Vaughn, Texline. Executive nomination withdrawn fro-m the Senate Decem1Jer Robert L. Parker, Toyah. 11, 1925 Landon M. Hatcher, Troy, Cadet Edgar William Garbisch to be· second lieutenant in J e.ti Potter, Tulia. the Corps of Engineers, with rank from June 12, 1925, which Arthur E. Fo::;ter, Venus. was submitted to tl1e Senate December 8, 1925. (The resigna­ Kit C. Stinebaugh, Walnut Springs. iion of Cadet Edgar William Garbisch, December 14, 1923. Uargaret E. Hodges, Westbrook. necessitates tile removal of his name from the nomination list.) Ruby E. Ambler, Ysleta. UTAH f Roland A. Madsen, Brigham. HOUSE OF REPRESENTATIVES Anthony W. Thorn on, Ephraim. John W. Guild, Kamas. THURSDAY, Decembe1· 17,1925 Etta Moffitt, Kenilworth. The House met at 12 o'clock noon. Leland Powell, Lehi. The Chaplain, Rev. James Shera Montgomery, D. D., offered Charles E. Walton, jr., Monticello. the following prayer : Rufus A. Garner, Ogden. Agnes Harrison, Standardville. "They that wait upon the Lord, shall renew their strength." John A. Hatch, Woods Cross. We praise Thee, our heavenly Father, that in Thee we have . such a refuge. By all that is tenderest in Thy promises and WEST VIRGI:J\TJ.A wisest in Thy teaching, do Thou encourage us to come to Thee. Russell B. Gibson, Albright. As Thy pardoning grace is like the fullness of the sea, do Thou Charles L. Baker, Amherstdale. forgive us. For the blessings of the past we thank 'l'hee, and Jes e D. Day, Ashland. continue, 0 Lord, to reveal Thyself unto us in wisdom and in James H. McComas, Barboursville. truth. l\Iay we have large conceptions of duty and a growing Freda W. 1\!ason, Bayard. sense of responsibility. The Lord help us in all things to be Oma E. Kimes, Belleville. true, ho.norable, and upright; the Lord set His seal upon us Samuel L. Clark, Cass. • and keep us evermore, through Christ, our bles~ed Sanour. John J. Denham, Clarksburg. Amen. Leander A. Lynch, Cowen. The Journal of the proceedings of ye terday was read and Florence Musick, Delbarton. approved. Eulalia B. Wheeler, EUrhorn. Homer C. Tennant, Fairview. SWE.A.RING IN OF MEMBER Walter B. Beale, Fireco. Mr. WILSON of l\fi sissippi appeared at the bar of the Hou e George W. Sites, Jj'reeman. and took the oath of office prescribed by law. t John E. Pierson, Gassam1y. Laura Y. Conner, Harper:-; :?erry. COMMITTEE ON E~OLLED BILLS Robert K. Pearrell, Hedgesville. Mr. CAMPBELL, from the Committee on Enrolled Bills Rufus B. Scott, Hemphill. . reported that December 16 they pre en ted to the President of Chester L. Blevin , Herndon. the United States for his approval the following joint resolu­ George L. Carlisle, Hillsboro. tion of the following title : John A. Ferguson, Hollidays Cove. H. J. Res. 67. Joint re olution authorizing payment of salaries Roy E. Curtis, Hundred. of the officers and employees of Congress for December, 1925, Lida Steinke, Iaeger. on the 19th day of that month.

Ila Lawson, Jane Lew. THE REVE~UE BILL Columbus A. Murphy, Jenkinjones. Juniata Amo, Leon. Mr. GREEN of Iowa. Mr. Speaker, I move that the House William P. Jett, Lost Creek. resolve itself into Committee of the Whole House on the state William M. Chambers, Maben. of the Union for the further consideration of the bill (H. R. 1) James P. Peck, Mabscott. to reduce and equalize taxation, to provide revenue, and for Frederick E. Bletner, Mason. other purposes. Mary Wbite, Matewan. The motion was agreed to. Walter B. Crickmer, McAlpin. Accordingly the House resolved it elf into Committee of the Calvin Shockey, McComas. Whole House on the state· of the Union, with Mr. MADDE~ in Roscoe Wilcox, McDowell. the chair. · Elmer E. Snellenberger, Panther. The CHAIRMAN. The House is in Committee of the Whole l\lary I. .Casey, Ranson. House on the state of the Union for the consideration of Kenna W. Snedegar, Renick. '• H. R. 1, which the Clerk will report by title. Marshall C. Archer, Ripley. The Clerk read the title of the bill. Ira ,V. Folden, Ronceverte. The CHAIRMAN. The Clerk will read. Ulysses S. Jarrett, St. Albans. The Clerk read as follows : William C. Bishop, Scarbro. (b) Whoever fails to comply with any duty imposed upon him by Ralph C. Morton, Sharples. section 304, or, having in his possession or control any record, file, or Homer H. Roberts, Smithfield. paper, containing or supposed to contain :my information concerning Beverley N. Burruss, Spring Hill. the estate of the decedent, or, having in his possession or control any Joseph C. Turley, Switchback. property comprised in the gross estate of the decedent, falls to exhibit Harry R. Tribou, Tams. . the same upon requPst to the commission~r or any collector or law William H. Young, Union. officer of tbe United States or his duly authorized deputy or agent, who