5458 CONGRESSIONAL RECORD-HOUSE JUNE 7 and that the President may be imme- his secretaries, who also· informed the diately notified. .HOUSE OF REPRESENTATIVES House that on the following dates the The PRESIDING OFFICER. Without President .approved and signed bills of objection, the remainder of the postmas WEDNESDAY, JUNE 7, 1944 the House of the following titles:. ter no'minations on the calendar are con The House met at 11 o'clock a. m. On June 1, 1944: firmed en bloc, and, without objection, the The Chaplain, Rev. James Shera Mont H. R. 329. An act to authorize the Secretary President will be notified immediately. gomery, D. D., offered the following of the Interior to incur obligations for the That completes the calendar. prayer: benefit of natives of Alaska in advance of the enactment of legislation making appropria· PUBLIC UTILITIES COMMISSION OF DIS Just a word before we pray. tions therefor; TRICT OF COLUMBIA Some of our boys died last night in H. R. 2105. An act extending the time for Mr. BILBO. Mr. President, earlier to the crusade for freedom and humanity; repayment and authorizing increase of the revolving fund for the benefit of the Crow day the ·nomination of J. Francis Reilly, some of our boys died last night who had Indians; of Maryland, to be a member of the Pub looked through the glimpse of the future H. R. 2332. An act for the relief of Christian lic Utilities Commission of the District and claimed it as their own; some of our Wenz; of Columbia, was reported from the Com boys died last night who dreamed of a H. R. 2408. An act for the relief of Clarence mittee on the District of Columbia. I happy home and a circle of loved ones; E. Thompson and Mrs. Virginia Thompson; ask for the present consideration of that some of our boys died last night in the H. R. 3114. An act for the relief of Ruth nomination. front row of battle for the country they Coe; adored; some of our boys died last night H. R. 3028. An act to extend the time for Mr. WHITE. Mr. President, reserving completing the construction of a bridge across the right to object, is there any pressing beneath the skies of embattled France; the Mississippi River at or near Sauk Rapids, need for immediate action on the nomi some of our boys died last night for you Minn.; and nation? Why should it not go over in and me that liberty may not die out of H. R. 4054. An act to extend the times for the· ordinary course? the human breast. commencing and completing the construc Mr. BILBO. It could go over, if de Let us pray together. tion of a bridge across the Calcasieu River at or near Lake Charles, La. sired. God is our refuge and strength, a very On June 2, 1944: Mr. WHITE. I do not want to ·object present help in trouble. Therefore will H. R. 1628. An act for the rellef of John if there is any substantial reason for im not we fear, though the earth be re Hirsch; · mediate confirmation of the nomination. · moved, and though the mountains be H. R. 1635. An act for the relief of William Mr. BILBO. There has been some in carried into the ·midst of the sea. He E. Search, and to the legal guardian of Marlon sistence that the nomination be aCted on . maketh wars to cease unto the end of Search, Pauline Search, and Virginia Search; H. R. 2008. An act for the relief of Mrs. immediately. I have received quite a the earth. · Be still and know that I am Mae Scheidel, Mr. Fred Scheidel, Mr. Charles number of calls respecting this nomina God: 1 will be exalted among the Totten, and Miss Jean Scheidel; tion, and I thought it might be well that heathen, 1 will be exalted in the earth. H. R. 2507. An act for the relief of Reese action be expedited. Flight Instruction, Inc.; and Mr. WHITE. I shall ask that the nom- Merciful and compassionate Father, H. R. 2757. An act for the relief of Margaret .ination go over until tomorrow, or to the Thou who art light to all in darkness and Hamilton, Mrs. Catherine Higgins, Mrs. Re· love to all under the yoke of hate, for becca Sallop, and Mrs. Dora Projansky. next session of the Senate, because I do give us our sins, and grant that the not know any persuasive reason for fountain of cleansing in our country C. I. 0. MEMBERSHIP ,DEMANDED OF short circuiting the Senate rule. may be opened afresh. By prayer, med DISCHARGED WAR VETERANS Mr. BILBO. Very well. itation, and alone with Thee, we pray MJ;. RANKIN. Mr. Speaker, I ask RECESS for an outrush of spiritual power that unanimous consent to address the House Mr. BARKLEY. As in legislative ses will work marvels in lives transfigured for 1 minute and to revise and extend sion, I move that the Senate take a recess and in nations reborn. my remarks. until 12 o'clock noon tomorrow. We pray that the glory of the Lord The SPEAKER. Is there objection to The motion was agreed to; and (at 4 may shine on Thy people of every name: the request of the gentleman from o'clock and 30 minutes p. m.) the Senate make them strong in .the dark days Mississippi? took a recess until tomorrow, Thursday, ahead, rooted in the stability of faith There was no objection. June 8, 1944, at 12 o'clock meridian. until pe·ace and rest shall be won. 0 lead Mr . .RANKIN. Mr. Speaker, America the struggle to emancipate all people is thrilled today with the progress our . in bondage and redeem tpe sacrifice brave men are. making on the western CONFIRMATIONS ,and toil of the noble living and the noble front in Europe. They are giviJ:lg glo Executive nominations confirmed by .dead. rious accounts of themselves . the Senate June 7
. Mr. SMITH of Virginia. Mr. Spe~ker, the people of our country. That is what Congress, the truth is that these activi m the Washington Post of this morning I have sought to do. ties are the .activities of a duly consti appears an article by one Marquis Childs I think I should tell you something in tuted, select committee appointed under in which he says, among other things: refutation of these charges as to the his resolution of this House to do the spe One thl~g that D-day did was to throw tory of the amendments that will be pro cific thing of investigating excessive into sudden, sharp relief the particular kind posed by various members of the select abuses of authority by executive agen of partisan politics that has been afoot here. committees set up by this Congress some cies, including the 0. P. A. That com As though seen in the har5h light of landing thing over a year ago to investigate the mittee filed these reports. While there :flares, the figures of those who would crip abuses of authority by Executive agen was some dissent as to certain features ple our ]lome-front war controls were cies. That committee was set up about abruptly revealed. They had a stealthy, of the 0. P. A. recommendation for legis skulking look. 14 months ago, or maybe a little longer. lation which will be found in the fifth and I refer specifically to the efforts to under It began at once an investigation of the last report, the major portion and the mine the Prtc~ Control Act. Representative 0. P. A., because that was the govern important amendments recommended HowARD SMITH of Virginia is conducting a mental agency concerning which we had by that committee were recommended legalistic raid in the House which, if it is the most complaints, the more persistent unanimously by the seven members who successful, could leave 0. P. A. administra complaints, not only from citizens but constitute that committee which you to:s more or less helpless to fight down rising from Members. of the Congress who sit pnces. Members of the House set up. here now in this Chamber, who com· I have been here long enough to see the There is contained other language, Mr. plained to that committee that you had signs and I know what is going on around Speaker, _but I think that is sufficient for set up that this agency was violating the here. There are some folks that do not the purpose of my motion. law which the Congress had passed, and like the rul-e that the Comrnjttee on Rules The SPEAKER. The Chair is of the was exceeding the authority which you gave on this thing. This is what the opinion that the language read is a had given it. Committee on Rules did: There were two sufficient reflection on the gentleman to That investigation began with the bills. There was the bill of the regu raise the question of personal privilege, rent control, concerning which there larly constituted Committee on Banking and the Chair will recognize the gentle- were most of the complaints. That in and Currency, and there was the bill of man. . · vestigation has continued practically the so-called Smith committee, a portion Mr. SMITH of Virginia. Mr. Speaker, down to the present date. The Mem bers of the Congress overwhelmingly of which the Committee on Banking and I regret very mucb the necessity of tak Cy.rrency had adopted in their bill. The ing this time, at so busy a time in th,e voted to set up that committee, directed that committee to make the investiga Committee on Rules gave a rule which House. I realize that those of us whe made in order the Banking and Currency have been in public life for a long time tion. and further directed that commit Committee bill, but also made in order must ~xpect to be slandered and libeled. tee to recommend to this Congress the needed legislation to correct the evils of as amendments to that bill any provi That lS a part of the job. sions of the bill of our committee. After There does come a time however which complaints were received and which seemed to be well founded. all is said and done, all that means is that when, if the integrity and patriotism of you Members of the House, having set up a Member of this body is attacked I be That comzplttee has filed five inter mediate reports. In every instance our select committee and having, wisely lieve he owes it to himself, to hls col or unwisely, spent $50,000 of your tax leagues, and to his country to pay some those reports have be~n widely pub lished in the press of the country. In payers' money for this investigation are notice to those charges. saying by the adoption of that rule that The . article upon which I have asked every instance copies of those reports have been mailed to every Member of you are at least going to sit here and hear personal "Privilege recognition charges the recommendations of our select com that in a stealthy, -skulking way I am the House of Representatives. And yet this article, of which I complain, says mittee on which you expended $50,000, seeking to destroy the Price Control Act. and vote on whether you are going to We are going to take up the Price Con that these efforts have a stealthy, skulk ing look; a stealthy, skulking look. · · accept that amendment or whether you trol Act in a very short time-I hope are going to reject it. Is there anything immediately after I conclude-and we Do they? Here are five reports pub lished throughout the country over a unfair about that; is there anything are then _going to discuss the matteli in wrong about that; is there anything detail, so I think it is not unfortunate period of more than a year, showing the viola;tions of law by various agencies, in sinister about that; is there any skulk that I should have the opportunity to ing about that? Why not do it? tell the House what ·amendments will c1udmg the 0. P. A. The first of those be proposed by the special committee of was filed in April 1943, over a year -ago. A lot of you have had complaints, be which I have the honor to be chairman As a basis for the reports, here is some cause you have come to talk to me about I shall not consume the time of the Hotls~ of the testimony that was taken in open them, about 0. P. A., about rent control, in discussing the writer of this article. hearings before that committee, day about price control, and about rationing. Unfortunately there is a chapter in the after day, week after week, and month I do not believe there is a Member on this modern history of our country of those after month, in which citizens who had floor who can rise to his feet now and persons who, lacking intelligence, lack been wronged came forward and com truthfully say that he has not had any mg knowledge of the underlying great plained under oath and in which we complaint about this agency's violating public questions before the country, un also brought in the ofilcers of the agen the· authority which Congress has given dertake to sell their product to news cies of which complaints were made. it. If there is, I want to hear from him. papers by labeling themselves "commen They te_stifted under oath. Both sides Mr. COCHRAN. Mr. Speaker, will the tators"; who undertake to comment upon were permitted to be heard. gentleman yield? the acts of public servants. I say it is As the result of all of these reports, Mr. SMITH of Virginia. I yield to the unfortunate, because it casts a cloud and as the result of that 15 months'. gentleman from Missouri. upon the great body of real commenta work, and as a result of all of this testi Mr. COCHRAN. I say that I have had tors who perform a valuable service to mony, of which thisis only an infinitesi mal part, that committee sat down to no complaints in ·which the charge has the country, in laying before the people been made that the agency violated the the facts about public questions. But deliberate ·as to whether any amend- these scandal mongers, whose ignorance . ments were needed to the 0. P. A. Act law. I have had complaints about some and lack of ability and understanding and, if so, what amendments were of the regulations, but as far as anyone's disqualifies them as real commentators needed and what amendments could be claiming that they have violated the law sell their filth by attacking men in pub~ safely enacted without destroying the is concerned, I have had no such com lie life upon issues that may be before vital arm of the Government known as plaint. the Congress, and what they lack in price control. It was a difficult job. Mr. S:MITH of Virginia. I congrat knowledge of the subject they make up We spent weeks on it. ulate the gentleman upon having such in vitriolic and slanderous personal at While the article which I have neces a complacent constituency. tacks. sarily had to mention in order to give Mr. BRADLEY of Pennsylvania. Mr. We should approa-ch these issues sol me the opportunity to tell you about Speaker, will the gentleman yield? The emnly, humbly, with the earnest desire these amendments refers to this as the ge_ntleman asked if any Member had re to do what is in the best interest of all activities of one individual Member of ceived a complaint. 5462 CONGRESSIONAL RECORD-HOUSE JUNE 7 Mr. SMITH of Virginia. I decline to about it? That is a simple proposition. ginia is going to give the Democrats the yield further at this time. I want to dis- You all know, and . I know, that every same opportunity to save the country. cuss these amendments. I want the amendment that I propose here is being Mr. SMITH of Virginia. Indeed, I am. House to know just what you are voting opposed by the C. I. 0. Political Action But I want to say further, there are a lot on and why. If you turn this rule down Committee, and you know that you get of good Democrats over here, and I am when you vote on it in a little while, I these great circulars about every morn glad to say most of them come from want you to know why you are doing ing saying that you must not do anything south of the Mason and Dixon line who it. to the Price Control Act, you must reenact are going to vote to save the country just Mr. SABATH. Mr. Speaker, a point of it just as it is. What I am going to find as they have been doing. order. out today is, How much effect the C. I. 0. Mr. EBERHARTER. Mr. Speaker, The SPEAKER. The gentleman will Political Action Committee is going to will the gentleman yield? state it. ' have on you Republicans, who promised Mr. SMITH of Virginia. I yield. Mr. SABA TH. I was not present when the people when you were elected 2 ye~rs Mr. EBERHARTER. The gentleman the gentlemal\ obtained the floor. Are ago that you were going to save this coun from Virginia not long ago asked we discussing the rule, or what is before try from bureaucracy. I am going to do whether there were any Members of the the House? you a great favor, because I am going to House-or it was his opinion there were The SPEAKER. On a question of per- give you the opportunity to demonstrate no Members of the House-who had not sonal privilege the range of the Mem- to the American people that you were tell received complaints that the 0. P. A. had ber attacked is pretty wide, but the Chair ing the truth when you were elected, that exceeded its authority ·and had violated trusts that the gentleman from Virginia you meant what you said, that you are the law, and then the gentleman de will not get too far from the charges. going to save them from bureaucracy. I clined to yield for· anybody to answer Mr. SMITH of Virginia. I will · try am going to give you a chance to show that question. to stay within the rule, Mr. Speaker. them that you are going to save the Con- Mr. SMITH of Virginia. I yielded to Mr. SABATH. The gentleman is talk- stitution of the United States. you. What is the matter; what is your ing about the rule on this bill, and I have I hope you meant that applause, and complaint? not called it up yet. I hope you meant all the campaign Mr. EBERHARTER. I am one Mem Mr. EBERHARTER. Mr. Speaker, will speeches that you made to your people ber, at least, in addition to other Mem· the gentleman yield for a parliamentary 2 years ago when you promised them bers who wanted to be recognized at that inquiry? · you were going to save the country. time, who wanted the gentleman to yield Mr. SMITH of Virginia. I decline to Mr. THOMAS of New Jersey and Mr. to him, who has not received a complaint yield at all at this time, Mr. Speaker. HOFFMAN rose. from any constituent or any firm in his Mr. Speaker, the chairman of my com- Mr. SMITH of Virginia. I will yield in district. mittee has complained that I am talking just a moment. Mr. SMITH of Virginia. I am glad about the rule. I have complained that I have a good deal of faith in those · your folks are so well satisfied. tl.is Washington Post writer was talking promises, but I will tell you, you made a Mr. EBERHARTER. I have not ·re· about me. What he was talking about me sorry spectacle here the other day when ceived a complaint from any constituent was this very subject that I am now dis- you ran out on the F. E. P. C. appro ·or any firm in my district that the 0. P. cussing, and I am trying to answer arid priation. A. has violated the law. I think there · show to this House that there is nothing Mr. MARCANTONIO. Mr. Speaker, I are many others in the House. that is stealthy or skulking about what make the point of order that it is obvious Mr. SMITH of Virginia. I am glad I am doing or about what I have been from the discussion that the gentleman your people .are so well satisfied. doing. If it .is out of order for me to is making that it is way beyond the scope Mr. RANKIN. Mr. Speaker, Will the answer and say what I am trying to do, of personal privilege and is an abuse of gentleman yield? when a person has charged me with being personal privilege. Mr. SMITH of Virginia. I yield. Mr. RANKIN. I will say to the gen· stealthy and skulking, and trying to de- Mr. RANKIN. Mr. Speaker, I would tleman from Pennsylvania that the stray price control, then I just do not un- like to be heard on that point of order. suffering people of America know to derstand the parliamentary rules, and I The SPEAKER. The gentleman from whom to protest. think I do. Virginia will confine himself to the ques- I am going to talk about these amend- tion of personal privilege. The SPEAKER. The Chair is very ~enient. The Chair is not compelled to ments. I am going to talk about them Mr. SMITH of Virginia. Mr. Speaker, recognize any Member to proceed on a on the ground that there is nothing I shall endeavor to do so. question of personal privilege. stealthy about them and that there is Mr. RANKIN. Mr. Speaker, I make Mr. EBERHARTER. Mr. Speaker, a nothing skulking about them, and that I the point of order it is ,utterly impossible am not stealthy and I am not skulking, for the gentleman from Virginia [Mr. point of order. and I never have been skulking, and I SMITH] to go beyond the scope of this The SPEAKER. Just a moment. The never expect to skulk. But I expect to lay loathesome abuse being heaped upon the Chair is going to try to quiet this down it on the table and talk it out to you who Congress. and get through with it. The Chair al are Members of this House and have the Mr. SPEAKER .. The gentleman from ways allows Members a wide range on a same responsibility that I have, and I Mississippi is not making a point of order. question of personal privilege, but the know you want to know-! know you gentleman from Virginia will agree with want to know what these amendments Mr. HOFFMAN. Mr. Speaker, will the the Chair that not many of the ques are. I will tell you. . gentleman yield? tions that have been asked and not.many My friends on the left here especially Mr. SMITH of Virginia. I yield to the of the answers that have been made come ought to want to know. The Republican gentleman from Michigan. very close to the matter the gentleman Party, I remember, back a couple of years Mr. HOFFMAN. The gentleman from was talking about when he took the floor. ago were whooping and howling and yell- Virginia just a moment ago asked a ques The Chair knows the gentleman from ing about how they were going to save tion. I am telling him that I, for one, Virginia wants to abide by the rules of the country from bureaucracy. They on this side intend to go along with him, the House as much as any Member. were going to save us from these excessive and I have never made a campaign M~. SMITH of Virginia. Mr. Speaker, abuses of authority by these agencies that promise that I am not willing to keep up I want to say I appreciate the position were being set up by Executive order as to this time. of the Speaker. I thank him for the well as by acts of Congress. Now I want Mr. SMITH of Virginia. I am pretty courtesy he has shown me in this matter. to give these Republicans the opportunity sure you will not break your promise. I will certainly endeavor to keep within to save the country today, tomorrow, and Mr. HOFFMAN. There will be no the rules. It is a little difficult at times. the next day. Boys, are you game, and hiding on my part. Mr. Speaker, I will not yield any fur did you mean what you have been telling Mr. THOMAS of New Jersey. Mr. ther, as I do not want to violate the rules. the country? Are you going to try to Speaker, will the gentleman yield? Mr. EBERHARTER. Mr. Speaker, a help us save this country from bureauc- Mr. SMITH of Virginia. I yield. point of order. racy? Or when the C. I. 0. yells, are you · Mr. THOMAS of New Jersey. I am Mr. Speaker, I make the point of or going to run? What are you going to do ___ _!'o~ .:!~~ _!.f._ t~j~ntleman frOirl. V!r~ der that the r~!!l~!:_k ~LEhe g~tleman 1944 CONGRESSIONAL RECORD-HOUSE 5463 from Missl~sippi, when". the gentleman never threatened to rise in price. Well, You have another· ceiling pr-ice on 1t at from Virginia yielded to him, was in you said that in the original bill. What the retail level. That leaves a spread violation of the rules of the House. you said was that whenever the price of for handling and profit to the retailer. Mr. KNUTSON. That comes too late. the commodity or commodities have risen But here comes an increase in the cost of Mr. EBERHARTER. ·Mr. Speaker, I or threatened to rise, then the Adminis raw materials, an -increase in the cost have been on my feet since the moment . trator shall fix the price. But the Ad of labor, an increase in the cost of facil- · the remarks were uttered. I wish to be nlinistrator has gone to work and has un ities; so 0. P. A. says to the manufac heard on the point of order, Mr·. Speaker. dertaken to put price control on every turer, ''You cannot get along with that. Mr. KNUTSON. That is not parlia thing, whether the price has ever risen We will raise your ceiling price a little." mentary. or has not risen. I will give you an ex But when he goes to the retailer he says, Mr. EBERHARTER. Mr. Speaker, it ample, for instance, of vitamin pills, "Oh, no, Mr. Retailer, we are not going seems to me if we are going to proceed in where the history of that commodity has to raise your ceiling. You have got to a parliamentary manner here, and I am been that they have always been con absorb that increase to the manufac sure practically all Members in this stantly decreasing in price as manufac turer." So gradually they are pushing Chamber want to proceed in a parlia turing facilities and consumption in these manufacturers' ceilings up and mentary manner, it shoUld be recognized crease. There has never been a rise in holding the ceilings on the retail level to it is not within the prov_ince of any Mem price. There has never been a threat the little corner grocer, where you go to ber to attempt to ridicule another Mem ened rise in price, yet the 0. P. A. in that buy your pound of butter, so that those ber. Insofar as the constituency of my instance, and, I think, in the instance of people are being crushed between the district is concerned, Mr. Speaker, they rayon hosiery, has undertaken to reduce upper and nether millstones. It is not have confidence in me. the price, although it never threatened fair. It is not right. You know it is Mr. RANKIN. Mr. Speaker, I make a to rise. I do not think Congress meant not fair or right. -You never intended point of order. I demand that those for the 0. P. A. to reduce the price of an to do any such thing as that. I want'to words be taken down. artie!~ that has never risen and has never give you an opportunity, without any The SPEAKER. The Chair is ready to threatened us with inflation. So we put stealthy work· about it, or· any skulking, rule on the point of order. The question in here that they should not have any to vote whether that is what you in of what the constituency of the gentle thing to do with the price of a commodity tended to do. I want to give you an op man from Pennsylvania thinks of him, is . where the price had not risen or threat portunity to correct that evil, and give a question between him and his con ened to rise. Is there anything stealthy the little corner grocery store a chance stituency; and the Chair overrules the or skulking about that? I do not know to survive. point of order. whether you want it or not. So we have an amendment on that Mr. EBERHARTER. Mr. Speaker, am All I am dotng is saying as the result proposition that provides that whenever I to understand it is perfectly all right of 15 months' work on the part of our· 0. P. A. raises the ceiling price to the for a Member of the House to refiect upon committee, we submit to you as· our best manufacturer-and he does not have to the voting constituency of the Thirty Judgment, that you never intended to raise that-but if he does, then he has to second, that is, the Thirty-first district of have prices reduced on articles where the give a corresponding raise to the re Pennsylvania? price did not rise or threaten to rise, ·be tailer who sells that article. Mr. Speaker, there has been within the cause that is what you said in the. act. Now, what is unfair about that? Cer past 2 years ·two redistrfctlngs in the If you do not agree with us, it is perfectly tainly there is nothing stealthy about it. State of Pennsylvania, so a Member can all right with us. All we want to do is to There is nothing skulking about it. I do not be blamed for becoming confused on have an opportunity to pass the rule and not see how it will destroy price control, the number of the district when he vote on whether you want that amend but if you do not do it, it will destroy a lot comes from a district that has been ment or whether you do not. Let us of little businesses back home, and then divided. take the other amendments. There are when ·we have got to go back home to Mr. RANKIN. Mr. Speaker, a point many instances where _owing to peculiar campaign this fall some of those fellows of order. circumstances the effect of the impact who are walking the streets without any The SPEAKER. The Chair fs now of o. P. A. regulations and price control bus)ness are going to ask you about that. hearing the gentleman from Pennsyl have been to destroy a business, utterly Do not forget that. vania on the point of order. destroy it, put it out of business. I ex We have had more comt:>laints about Mr. RANKIN. Mr. Speaker, he is not t>ect every one of you know about cases rent control than anything else. So we making a point of order. He fs out of like that. What we have put in there is have revised the rent control in some order and does not know the partiamen a provision that in this class of cases the tninor particulars. In the first place, we tary rules. Administrator cannot say, "It is too much have taken out that word "genet·ally" be The SPEAKER. The Chair has already trouble to fix you up." The Adminis cause they say that rents must be ilgen ruled on the point of order made by the trator cannot say, "Well, you are just a erally fair.'' It is not necessary to ha-ve gentleman from Pennsylvania. casualty of war; we are sorry." The Ad generally fair rent control, because what The gentleman from Virginia fMr. ministrator must adjust the situation so they did as a matter of administration SMITH] will proceed in order. The Chair as to stop destroying the little businesses is to fix the price of every single individ thinks it would be wise, in the interest of this country. I know that Is what ual living unit. Every house, every of conserving time, if he would not yield you all want to do. We may not be right apartment has to be registered. So it any more. about that amendment. We may be all is not a great job to revise in any par Mr. SMITH of Virginia. I wf1l observe wrong about it. But there is not any- · ticular instance. So, we provided that the admonition of the Chair very re thing stealthy about it and there is not they must not only be generally fair and ligiously from now on and will not yield ~nything skulking about it. All we are equitable in their rents, but they must further to anyone, so that I can go on asking you to do 1S· to give us a rule so be fair and equitable to everybody. and get through with this matter as that you can debate it and then you can rapidly as I can. What I wanted to say vote on whether you think it ts good or Then they have these rules about re to the House was in answer to the charge bad. Certainly I am not going to get covery of possession-that you cannot that these amendments were stealthy mad at anybody as to how they vote. I recover possession of your property ex and skulking looking. I want to tell you know this is a very intricate situation cept under certain regulations and speci what they are and you can judge for and I know honest men differ about it. fications that the 0. P. A. has set down. yourself wherein there is any stealth or I have studied it for 15 months. All we We have undertaken to enlarge those. skulkiness in these amendments. I will are asking you to do is to give yourselves I think it would be profitable to all of start right in at the beginning of there the opportunity of voting for it or-voting you in the consideration of this bill, when port of your select committee. I am against it. you come to it as you will shortly, for me going right on through. The next amendment we have is on to tell you in some detail what we pro On page 3 of that report we proposed page 6 of our committee report. Let us pose in the way of changes in the way of an amendment that the 0. P. A. should see what is ·stealthy or skUlky about that. rent controls. I am doing that primarily not do anything about the price of any You have a ceiling price on manufac for the purpose of showing you, under commodity that has nevei· risen ·and has tured articles at the manufactured level. my privilege here, that there is nothing 5464 CONGRESSIONAL RECORD-HOUSE JUNE 7 stealthy, nor nothing skulking about have a rule that is very old, that when a Emergency Court of Appeals; so we pro these amendments which I.am proposing. piece of property is rented the owner col vided that he may go into the district We propose that the owner may recover lects the first and last month's rent, the court. possession of his property if the tenant last month's rent being held as security We furthtr provided that· the regula violates the obligations of his tenancy. deposit against default in the payment of tion must remain in effe-ct in the event You would think, of course, you could do rent, or against defacement of the prop there is an appeal to the Emergency that, would you not? If he has violated erty. That is an old custom. The 0. P. A. Court of Appeals so that there will not be his lease agreement, of course, you could says, "We are going to change that cus a variety of decisions all over the coun kick him out. Oh, no. The 0. P. A. tom." But the Congress has said that try. If you gave the right to appeal from says, "No; we do not think that is ma 0. P. A. must not change any of the reg these deci~ions to every district court in terial." ular customs of doing business. The the United States, you would have a For instance, in a case we had where 0. P. A. says that Congress qualified that. number of different decisions, and you there was a complaint, there was a pro So many of these provisions that you would have different kinds of price con vision in the lease that nobody could put in the act are being constantly over trol all over the country. We have keep a dog. One of the tenants decided ruled, constantly violated by the 0. P. A., guarded against that in these amend- he would keep a dog in his apartment; and they make rules and regulations . ments, but we give them court review. he would make a dog kennel out of it, themselves that have the effect of law. There is a ridiculous situation relative next door to a fellow who did not want All we want to do is to fix it so that to court review that has recently been to live .in a dog kennel: So the owner 0. P. A. cannot do those things which affirmed by the present Supreme Court tried to turn him out. The 0. P. A. says, the Congress never intended them to do of the United States. In our original "Oh, no. Don't bother that fellow. He and never gave them any authority to do. Price Control Act we fixed it so that the can keep a dog all right, because that is There is nothing stealthy, nothing skulk validity of these regulations could not not a material violation." In other ing about it. be raised in any way except in the Emer words, they set themselves up as a court Now, on the question of getting pos gency Court of Appeals, but we also fixed to determine what provisions of a lease session of property that has been sold: If it so that a ·person might be prosecuted mean something and what provisions of you sell a piece of property to me, and I for violating the provisions of the act, a lease do not mean anything. We take want to get possession of. it from the and it so happens that we have now those functions away from them. next man over there who happens to be placed ourselves in the ridiculous posi Mr. HOFFMAN. Mr. Speaker, will tlle living in it, I 'cannot gq to him and say, tion where a person can be indicted, gentleman yield? "I want to live in my own house." I tried, and convicted on a void regulation Mr. SMITH of Virginia. I am sorry. have got to go to the 0. P. A., and they of the 0. P. A. and is not permitted to I promised the Speaker not to yield fur- say, "Oh, did you buy it? How much open his mouth in the courts to say that ther. . cash did .YOU pay?" I say, "Twenty-five he is being sent to jail on a void regula Then, where a person owns a piece of percent." They say, "Oh, no. You have tion. ·We have undertaken to correct property and seeks to get possession of got to pay 30 percent. You cannot buy that by an amendment. The Committee it to live in it himself the 0. P. A. has a that house." But now they have reduced on Banking ahd Currency has also at regulation under which if you have rented it to 20 percent after a great deal of com tempted to correct it. The way they have your house this year and you want to get plaining. I go back and I borrow that done it is to say that the person cannot it back yourself to live in it you have to 20 percent from my bank, and I come raise that point until after he has been convince them of a whole lot of things back and I pay that money down. I say, tried and convicted. We do not think a and comply with numerous regulations "All right, Mr. 0. P. A. I want my house. person ought to be put to that disgrace, before you can get your house to live in I paid 20 percent." They say, "Where did so we provide that he may raise the yourself. you get that 20 percent?" "I went down point as a preliminary proceeding, that Also, in the case of sales of real estate. to the bank where my credit is good, and when he does raise it in the district court Where there has been a sale in good faith I borrowed it." They say, "Oh, no; you the proceedings must halt and the mat there has been a great,deal of difficulty cannot borrow it ·from the bank and buy ter of the validity of the regulation be de in getting possession of the property when a house with it. That is not your own termined by the Emergency Court of Ap it has actually been sold and the pur money. That is money you borrowed." peals. In this way you will not have a chaser wants to get possession. There That kind of utter absurdity is some diversity of decision. ought not to be any difficulty about that. thing that your people and my people Another matter we have sought to cor We also take the hand of the 0. P. A. have been suffering from, long suffering, rect is the question of triple damages. off of the situation where a person wants for over a year. Now, we are not doing Under the 0. P. A. Act as the law is writ to tear down a building or for the purpose anything stealthy about it, but we want to ten now a person may sue for $50 or of remodeling, or for the purpose of re say right out in the open that those triple the amount of the overcharge. To storing another building. We also have things ought to be corrected. We do not illustrate why that is wrong I will give put in a provision that I think is quite think they have anything to do with price you a case. An old lady out in California important, that where a person, wanting control; we do not think they ought to was renting a room and she happened. to to help the war effort, has taken in two have that authority. We know Congress charge 50 cents a week more than 0. P. or three roomers he ought to have the never gave them that authority, and we A. said she ought to rent it for and so the privilege of still having his home as his want to see to it, if you did not give them tenant sat on that poor lady's furniture castle and be able to put those people out that authority, that we prohibit them for 30 weeks. Then he sued her for when he was tired of them or did not from exercising it. $1,500, and he had the right to recover like the color of their hair, or did not like We provide some court relief from it under the law. Or let us take the case them coming in drunk at 1 o'clock in the these 0. P. A. decisions. That is quite an of a grocer: One of his clerks gets mixed morning. But 0. P. A. says, "If you rent intricate problem, Mr. Speaker. I hope up on the price of a can of beans and more than two rooms in your own private the Members are going to give it careful charges 11 cents instead of 10. Because dwelling you cannot get rid of those ten study, because we can make a big mistake of that overcharge of 1 cent the con ants unless the 0. P. A. says you can get in this court review. Our committee has sumer has the right to sue the merchant rid of them." That is an invasion of a tried very studiously not to make a mis for $50. We have undertaken to say that man's home that this Congress never in take about it. We have provided in the there can be only one suit, either for the tended; that we never gave any authority first place that a protest can be made at actual damages or for $50, whichever is for. There is nothing in the act that any time, not limited to this period that greater, on the same contract. The Com would justify it. Yet it is being done to is now in the act, but when a protest has mittee on Banking and Currency has, I your constituents and my constituents. been made a party can go to court, and think with all due deference to them, and Those are some of the things we are we have provided that he may go to I know they put a great deal of time on trying to correct. either the district court or the Emer it and have done a studious job, done Take the next question of what is gency Court of Appeals; we give him the an honest job. I know they think what knowp as security payments. If there option of going to his district court be they have got is right, but we just happen is anybJdy here from Connecticut I can cause it is often very inconvenient for to differ about it. What the Banking and mention that area. In Connecticut they some of our consUtuents to go to the Currency Committee has done is, in my 1944 CONGRESSIONAL RECORD-HOUSE 5465 judgment, to make this thing worse than Board's order, and the President may that it must observe those regulations. it is now because as it is now the con then take his business -away from him In other words, we write into law what is sumer is the only person who can sue without any resort to the ·courts; and already law by Executive order. I realize where the goods are sold for consump the courts here in Washington just last that there is not much sentiment for that tion, such as the case of a can of beans, week decided that under those circum subject and it is not my purpose to offer ·but the Committee on Banking and Cur stances the very shirt may be taken off those amendments to stabilize wages; so rency has fixed it so that if the con your constituent's back and he is denied that the only amendments in that con sumer does not sue, the United States the right of access to the courts of the nection that I expect to offer will be those may sue. If the Banking and Currency land set up by the Constitution under amendments which relate to court re Committee's amendment passes, these which you live and which you swore to view and which relate to prohibiting the 0. P. A. lawyers who have got to find sustain and support. Are you going to War Labor Board from exercising cer something to do-just mark my words do anything about that? If you do not tain functions· that are clearly in viola are going to be suing your constituents adopt this rule you cannot do anything tion of the Constitution. all over the United States for selling a about it. I am giving you warning now I regret that I have taken so much of can of beans for a cent too much or a because I know you Republic'an fellows your time but, in my humble opinion, it pound of butter for a couple of cents too have promised the people of the country is worth while for you to consider these much. We never intended to penalize relief from this bureaucracy but you will amendments and I !"lope what I have the people more than was necessary to not be able to do that if you vote against said has clarified your thinking some and stop the black market. Certainly we do this rule, you will not be able to let your given you some information that may be not want to penalize the innocent as well constituents go into the courts of the worth while. as the guilty; so we have undertaken to land and have the courts determine their EXTENSION OF EMERGENCY PRICE CON correct that. rights. TROL ACT OF 1942 Mr. Speaker, you have heard a lot of We have not undertaken to destroy the talk about the kangaroo courts-and I control of the War Labor Board over Mr. SABATH. Mr. Speaker, I call up am not going to be able to cover all of these situations but we ·have said that House Resolutign 582, and ask for its im these matters, but I will go as far a$ time when the owners of property go into mediate consideration. permits. As to the kangaroo courts, we court to test the right of the War Labor The Clerk read the resolution, as fol have set forth in the 0. P; A. Act exactly Board to issue an order against them, lows: the methods by which your constituents that their property shall not be seized Resolved, That upon the adoption of this and mine may be punished for violation and taken away. from them unless the resolution it shall be in order to move that of the law, but the 0. P. A. has not seen courts shall determine that the use of the the House re&olve itself into the Commit fit to use that punishment except in rare property is necessary for the conduct of tee of the Whole House on the state of the Union for the consideration of the bill (H. R. instances.. They set up their own system the war. 4941) to extend the period of operation of the of courts. They haul a person before In other words, we have taken this Emergency Price Control Act of 1942 and the them and say, "You sold too much gaso ·discretion from Executive hands to seize Stabilization Act.of October 2, 1942, and for line last week'' or too much butter, or a man's property and put it in t~e hands other purposes, and all points of order against something else, "so we are going to try of a court where it belongs, so that said bill are hereby waived. That after gen you.'' Who tries them? An omcer p~id the court may say whether that property eral debate, which shall be confined to the by the 0. P. A. Who sits as judge? An is necessary for the conduct of the war. bill and continue not to exceed 9 hours, to be equally divided and controlled by the other omcer employed by the 0. P. A. A Mr. Speaker, I have consumed so much chairman and ranking minority member of third person employed by the 0. P. A. time that I hesitate to use any more. I the Committee on Banking and Currency, acts as prosecutor and another omcer thank the Members for the patience they the bill shall be read for amendment under employed by the 0. P. A. is the witness. have shown toward me. However, there the 5-minute rule. It shall be in order to So they try your constituent and mine is one other amendment in connection consider without the intervention of any in the kangaroo court~ and have gone so with the War Labor Board that I think point of order any amendment Which may be far as to take away their right to do is very essential. That amendment offered to the bill embodying any of the business for the duration of the war. would have prevented the disgraceful sections or paragraphs contained in the blll H. R. 4647. At the conclusion of the con Did you gentlemen me~n to do that? situation that we now find the Govern sideration of the bill for amendment, the Mr. WALTER. Mr. Speaker, will the ment in with respect to the seizure of Committee shall rise and report the sa.rq.e gentleman yield? Montgomery Ward. to the Ho\!se with such amendments as may Mr. SMITH of Virginia. I have de The National Labor Relations Act pro.,. have been adopted and the previous question clined to ~ield; I made the promise that vides that that Board shall determine shall be considered as ordered on the bill and I was not going to yield. I am sorry. the question of the bargaining unit and amendments thereto to final passage without If you did not mean to do that you had that was what was sought to be done in intervening motion except one motion to ' better do something about this rule that the Montgomery Ward case; but the War recommit. is coming up today. I do not want to Labor Board, notwithstanding that, or Mr. SABATH. The gentleman from do it by stealth, I do not want to do it by dered them to go ahead and sign a con Virginia [Mr. SMITH] timed his question skulking around, but I want to lay it tract for an extension or something of of personal privilege, on which he ob right on the table: If you do not adopt the kind. We provide in this amend tained 1 hour to speak, very nicely. Of this rule and give yourselves a chance to ment that when the question arises as course, the gentleman is very resourceful pull your constituents out of this hole to who is the bargaining agent of em and I regret that he has been unjustly you put them in somebody is going to ployees, then the War Labor Board shall criticized. ask you about it when you get back home; not act on that matter until the National I have read the last report of his select somebody is going to ask you why you did Labor Relations Board calls an election, committee, which has expended $50,000 not give them relief when you had the or does whatever is necessary, and certi pursuing its studies and investigations, chance, as you are going to have to vote fies to the War Labor Board the bar and I find that two members of the on the subject. gaining agency. That is a very essential Smith select committee have s:ubmitted · So we have prohibited the 0. P. A. from amendment and will prevent a great deal and signed a minority report. setting up or operating these kangaroo of confusion and, as I said before, it The gentleman from Virginia [Mr. courts and have in effect said to them, would have prevented the debacle in the SMITH] also states that he is anXious to "You go back to the courts of the land MontgQmery Ward matter. save the Republican Party and the Dem,., where we told you to go when we enacted In conclusion, let me say that in this ocratic Party by giving them an oppor the law." report are certain amendments which tunity to vote on some of the provisions There is one other provision in here have to do with wage stabilization. I of his bill. This, I am sure, will be ap that I know you folks want and that has personally, and a number of others, have preciated by both. to do with putting certain restrictions on always believed in the across-the-board Mr. Speaker, the resourceful gentle the War Labor Board. Under the pres stabilization. Those amendments mere man from Virginia. [Mr. SMITH] has ex ent situation the War Labor Board may ly write into the law the Executive order plained really what the rule aims·to do. certify to the President that the owner of of_the President which stabilized wages The rule ttself provides for 9 hours' a business has refused to comply with the and admonish the War Labor Board ·general debate and is an open rule with~ . 5466 CONGRESSIONAL RECORD-HOUSE -JUNE 7 out the amendment agreed to in the From the beginning ·of my service here plaints against-the 0. P. A., some of them Rules Committee. I have fought against such conditions have been unjust, but some people have I am placed in a rather embarrassing as prevailed under Speaker Cannon, un been unfairly treated;· there have been position in calling up this rule, because der which conditions the membership of many harsh penalties;. many unneces I feel it is a dangerous rule to adopt. the House was restricted and precluded sary court proceedings have been com· Mr. SMITH of Virginia. Will the gen from voting on many measures. Ever menced and many fines levied. I am tleman yield? since I became chairman of the Com also satisfied the o.· P. A. is not being Mr. SABATH. _ I yield to the gentle mittee on Rules I have urged liberal rules. conducted as efficiently as it should be, man from Virginia. I am proud to say that only two or three but, on the whole, I believe that the Ad Mr. SMITH of Virginia. Do I under times since I have been chairman of the ministration and the legislation aims -to stand that the gentleman appears here Committee on Rules have I brought in hold down excessive prices, the gouging as chairman of the Rules Committee in closed rules, and that Was done for the of the consumer, and prevent inflation. opposition to the rule which the com Committee on Ways and Means in con However, I feel that even if the gentle mittee directed him as chairman to re. nection wit.h revenue matters with the man from Virginia [Mr. SMITH] or any port? approval of both the majority and the one else had been placed in charge, he Mr. SABATH. lam only saying what minority of that committee. I am pleased could not have obtained a greater effi I believe the rule will do. I am not op .. that the House has invarjably sustained ciency arid eliminated more of the errors posing it. my position and recognized my aim to ahd unfair administration of the act. Mr. SMITH of Virginia. The gentle protect against any improper legislative I concede that perhaps some of the man js chairman of the Rules Com procedure. Unfortunately, this rule is prosecutions should not have been com mittee? not only an open one but it would really, I menced, -that some people should not Mr. SABATH. Yes, I am, and I have fear, endanger many liberal rules and de have been hauled to court and damages been directed to report this rule. prive all of the legislative committees of exacted;· I myself orlginally advocated Mr. SMITH of Virginia. Will the gen their rights and functions by making in putting everybody on his honor, especial tleman answer the question? order bills that have not been acted upon ly as to rationing, but it has been tried Mr. SABATH. I refuse to yield any favorably, or at all, by legislative com and, unfortunately, it did not work. further. ·· mittees and any Member could come in Therefore, legislation was necessary, and Mr. SMITH of Virginia. I thought the · with a· bill and ask that it be substituted certain restrictions were imposed. Over gentleman probably would. · for a committee bill or the provisions in a year ago, when the price of foodstuffs Mr; SABATH. Mr. Speaker, I want to his bill should be made in order regard went sky high, I urged the placing of be notifieci when I shall have consumed less of whether or not they were germane price ceilings oh livestock and foods but. 10 minutes. to a bill. unfortunately, it was some time before Mr. Speaker, I am doing my duty as What I am doing is simply calling the · that was effected. due to the fact that . chairman of the Rules Committee. Ever attention of the House to this matter so the growers, producers, manufacturers, since I became· chairman of that com that it will realize and recognize the and businessmen opposed any restric mittee it has not been my wish that it effect that it might have in the future. So tions or price ceilings. But today I am acquire greater jurisdiction than it has. ' long as I ' am chairman of the Com . sure, notwithstanding the· defects in ad In my opinion the power and the juris mittee on Rules I shall retain to my ministration and shortcomings of the diction of - that committee are great self the right and the privilege of op 0. P . . A., it has held down the cost of enough without violating the satisfac posing rules which I feel are not con living, as is unmistakably shown by com tory precedents that have been in force ducive to orderly legislative procedure of petent evidence. for many, many years. the House. I am placed in a rather em Naturally, I am interested in the ad· Mr. Speaker, I want the Members to barrassing position in reporting this rule ministration of the Price Control Act, be very familiar with what this rule but I am carrying out the action of 'the but, above all else, I am interested in the does. It permits any amendment and committee, regardless of the past and consumer and the little man; and if the it also makes in order any amendment current criticism of the gentleman from gentleman from Virginia [Mr. SMITH] contained in the bill of which the gen Virginia [Mr. SMITH] and the gentleman will introduce ·an amendment that will _ tleman from Virginia spoke, the said bill from New York [Mr. FisH] and the gen- · aid consumers and eliminate any of the containing some 57 pages. None of the tleman from Georgia [Mr. CoxJ for my abuses that may be proved, I will sup members of the Committee on Rules ever trying to protect and preserve the rights port it. But I feel, Mr. Speaker, as I read that bill or knows what it contains. of legislative committees. have said, that it is my duty to call at As I have said, Mr. SMITH'S select com The gentleman evinces great interest tention to the -rule that I -have been di mittee's report does not come in unani in sni.all businessmen because they are rected to report, which, if adopted, will mously. There is a minority report filed by 0. P. A. precluded from increasing deprive a standing legislative committee against it. their prices. I am sorry that he did not of its rights and jurisdiction, and effect The gentleman from Virginia [Mr. yield to me with regard to his statement conditions that will embarrassingly delay SMITH] has called attention to many. in this respect, but I prestl.me he meant the orderly procedure of this House,' many shortcomings, and, perhaps, prob to say that people should not be pre The gentleman from Virginia [Mr. able abuses; but I am not here to defend cluded from taking on for sale higher SMITH] has asked me whether I am op the 0. P. A. as to some of its regula priced merchandise than they originally posed to the rule. I voted against it in tions. I want it to be understood that handled. I am not quite sure how far committee, and I have a right, when I I am in favor of granting a rule for reaching this restriction is, but I db know apt against a rule, although I am the consideration of H. R. 4941; but I feel that even retailers are not selling below chairman, to oppose it if I feel it is wrong, the rule as reported goes far afield and cost, and from reports I have received goes far afield, and contravenes the es will set a precedent which will plague nearly all of them are better_off today tablished precedents of the House. the House in the future. Of course, than ever before, and,this notwithstand~ Surely we all receive complaints. I any germane matters would be permitted ing the restriction to which the gentle have many of them. But is there a single under the broad rule that we usually man refers. The people who are mostly law that we have ever passed that was report, but in this instance any matter, interested .in the elimination of price perfectly satisfactory to all? No. I know regardless of its germaneness to the bill ceilings, as I am informed, are the oil that the real-estate operators who ob before us, could be and would be in order. operators and the real--estate operators tained many apartment ·buildings for 10 Just think in what position it will place who obtained valuable properties and or 15 cents on the dollar want their rents the Members and the House in the future apartments after the Republican crash increased, notwithstanding they are u-such a policy is pursued. As I have in 1929 for, as I have said, 10 and 15 cents making a real profit out of their invest said, I have no personal interest in the on the dollar. To. them an increase . of ments. I know that the oil people desire matter. I assure you I am only trying rents has been denied because it is shown some amendments in the bill. to do what I believe is the right thing that they are obtaining a handsome in - I feel at this time, Mr. Speaker, that in pres.er:ving the orderly proceedings of come on their investments. Right here I we shouid have the interest of the entire this House. wish to say with respept to the com- country at heart instead of the interest 1944 CONGRESSIONAL RECORD-HOUSE 5467 of a few selfish, avaricious men who de ' Quaker yellow corn Overland h am lire to get inore and more out of the meal, 24-ounce pack spread, 4¥2 -ounce age. Jar. Treasury for their own benefit. Swansdown corn Armour's lunch Mr~ FITZPATRICK. Mr. Speaker, will etarch, 1-pound tongue, 12-ounce tin. the gentleman yield? package. Ready-cut smoked Mr. SABATH. No; I cannot yield now. Swansdown pan turkey, 1-pound jar. I only have a few more minutes. I may cake flour, 20-ounce Swift's Prem, 12- yield later on. package. ounce tin. The gentleman from Virginia [Mr. Pie crust mix, B· Red Label chicken SMITH] complains that the C. I. 0. is ounce package. :fricassee, 14% -ounce for this legislation, that is, for the Com Pillsbury's cake jar. flour, 2%-pound Royal Purple evap mittee . on Banking and Currency bill, package. orated milk, . 14¥2- and for the law now in force. It is not Choisa pulled flgs, ounce tin. only the C. I. 0. I venture to say that •1-pound package. Overland queen 95 ·percent of the American people are Overland . 1B-24 olives, 4%-ounce for the law, and . they approve of the prunes, 1-pound bottle. splendid action of the Committee on package. Overland stuffed Banking and Currency·in amending the Epicure seeded rai queen olives, 6- act in many respects, eliminating some sins, 15-ounce pack ounce bottle. age. Wesson oil, quart of the abuses or shortcomings that have Epicure seedless bottle. been called attention to by the gentleman raisins, 15-ounce Overland sweet from Virginia [Mr. SKITHL package. midget gherkins, 10- I am now inserting in the RECORD an Overland water ounce bottle. article showing some prices during World melon rind, 10-ounce Overland sour War No.1 and the present time. It s~ys: jar.· · mixed pickles, 15- Red Label apple S. S. PIERCE Co. ounce bottle. sauce, No. 2 tin. S. S. P. French Family Grocers Since 1B31 Red Label strained dressing, B-ounce Boston, May 15, 1944. cranberry sauce, 1- bottle. THEN AND Now · pound jar. Swansdown salt, Red Label :fruit In the third year after our entry ·into- 2-pound package. salad, No. 2¥2 tin. Red Label clam The last war $43.75 The present war Red Label fresh chowder, 11-ounce ...,O'!Jld buy- t43.75 wm buy flavor peaches, No . tin. One barrel Swans One barrel Swans 2¥2 tin. Red Label cream of down flour; down flour; Re4 Label orchard tomato soup, 16- · One h u n d r e d One h u ·n d r e d ripe pears, No. 2¥2 ounce tin. pounds sugar; pounds sugar; tin. . Red Label green And nothing else I And these 88 other Red Label sliced turtle consomme, 13- 1tems- pineapple, No. 2 tin. ounce tin. Choisa Ceylon tea, Epicure gelatine, Red Label tomato *-pound package. package 4 envelopes. soup, 10Y2-ounce tin. · Red Label coffee, Overland clover Red Label vege 1-pound bag. blossom honey, 1- table soup, 10¥2- Swansdown bak pound jar. · ounce tin. lngpowder, ¥2 -pound Choisa herring sal Overland cider tip.. ad, 4-ounce jar. vinegar, gallon jug. Overland peanut Overland olive Red Label tomato butter, 1-pound jar. spread, 5-ounce jar, juice, 24-ounce tin. · Overland wheatce• Choisa sardine Overland tomato real, 2B-ounce pack spread, 3-ounce jar. juice cocktaU, 26- age. Choisa ftg jam, 2- ounce bottle. Shredded wheat, pound 3-ounce jar. Overland oven- 12-ounce package. Overland grap~ baked pea beans, 28- jam, 1-pound jar. ounce pot. Over~and premium Overland straw chocolate, ¥2 -pound berry jam, 1-pound Red Label tiny cake. stringless beans, No. jar. 2 tin. Baker's Dutch Prune jam, 1- process cocoa, ¥2- pound jar. Red Label . sliced pound tin. Overland crab-ap beets; No. 2 tin. · s. S. P. sweet bis ple jelly, 12-ounce Red Label julienne cuits, 1-pound pack·_ jar. carrots, No. 2 tin. age. Overlan4 grape Red Label golden Educator Crax, 1· jelly, 12-ounce jar. bantam corn, No. 2 pound package. · ·overland guava tin. Sunshine Krispy Jelly, 12-ounce jar. Red Label whole crackers; 1-pound · Overland . maca kernel corn, No. 2 package. roni, 12-ounce pack tin. Uneeda biscuits, age. Red Label spinach, •-ounce package. Overland spaghet No. 2Y2 tin. Pennant butter ti, 12~9unce package. Red Label toma cookies; 12-ounce Epicure orange toes, No. 2¥2 tin, package. marmalade, 1-pound Epicure grape Red Label large jar. juice, pint· bottle. eggs, dozen. Raspberry-flavored Red Label grape Overland vanllla marmalade, 1-pound fruit-juice, No.2 tin. extract, 2-ounce bot· jar. Red Label pine tle. Red Label sliced apple juice, No. 2 tin. Epicure boneless bacon, 1-pound E p i c u r e prune codfish, 1-pound box. package. juice, 32-ounce bot Red Label ealmon Epicure b o n e d tle. ateak, 7%-ounce· tin. chicken, 8 Ya -ounce S. 8. P. cold cream Red Label red Jar. aoa.p, box 12 cakes. Alaska. salmon, 16- Overland chicken Five-pack .ov~r ounce tin. apread, •-ounce jar. land perfecto cigars. 5468 CONGRESSIONAL RECORD-HOUSE JUNE 7 , HAs o. P. A. PRICE coNTROL KEPT PRICEs nowN? Mr. SABATH. Have I ever denied The SPEAKER pro tE:mpore. The As this demonstration shows, 0. P. A. ·price anybody time-- time of the gentleman from New York control has been of great benefit to the con- Mr. FISH. I make the proposition has expired. I sumer in keeping prices down. The com- only that the time should be controlled Mr. FISH . . Mr. Speaker, I yield my parison of what $43.75 would buy then and by the majority in favor of the rule. I now is dramatic evidence of what can, and self 5 additional minutes. does, happen when prices are not controlled. am not concerned in this controversy. I I do not believe that is the issue before · This exhibit brings up to date a compari- do not care particularly what happens to the House. The gentleman from New son of prices which ·we have presented from this rule; I want to make that very clear Jersey [Mr. HARTLEY], certainly a friend time to time during the past 25 years, as a at the outset. It is a wide-open rule, of labor, always recommended and en matter of general interest. so wide open that it is being opposed on dorsed by the American Federation of Because these items were much in the that basis, and not because it is restric Labor, is a member of the Smith com public mind, a barrel of flour and 100 pounds tive or a gag rule. I am not advocating mittee. He is in favor of this rule and of sugar were used as the original basis_for it one way or the other, because I do not he is in favor of most of the proposed comparison. consider there is a.ny principle involved amendments. The Committee on Banking and c·ur- or conviction on my part, and I submit , 1 am unable to say that I am in favor rency has worked assiduously on this bill. that the Committee on Rules is nothing of any one or all of the Smith amend It has heard many witnesses. I think but the servant . of the House. The ments. I may vote for them all or 1 may it devoted about 2 or 3 months' time to House has a right to write its own rules, vote against all of them. I only want the bill. That industrious committee and it will not bother me one bit if the to give him the right to present them. consists of 26 members. I am pleased to House decides in this case to change or After all, that investigation of executive say that· I consider that committee one amend the rule as adopted by a very large agencies started in the Rules Committee. of the outstanding House committees. majority of the Committee on Rules. The gentleman from ·Virginia is a mem I have the utmost confidence in the Mr. SABATH. Mr. Speaker, will the ber of it. We sponsored it. The House very able gentleman who is chairman of gentleman yielGl again? overwhelmingly endorsed it and author the Committee on Banking and Currency Mr. FISH. Certainly. ized the expenditure of $50,000, which [Mr. SPENCE], and the able,'industrious, Mr. SABATH. I am not going to say . money was spent upon this investiga and scholarly gentleman from Michigan how the gentleman voted, but knowing tion. The gentleman from Virginia [Mr. [Mr. WoLcOTT] who is leader of the mi- how he voted I felt that it was my duty SMITH] submitted a report and intro nority of that great committee. They to do what I did. How will he vote now? duced a bill as a result of that investi all come to the Committee on Rules and Is he not for the rule? gation, and he merely wants the chance ask, not for a clesed rule, but for an open Mr. FISH. The gentleman did not to present these amendments and the rule; not for a rule that will permit any- state how he voted, but I will say how I facts to support them before the House. thing and everything to be brought up voted in the committee. Are you afraid to face -these issues in the nature of an amendment, regard- Mr. SABATH. I said I was against it. squarely that are before the country, you less of whether it belongs to this bill or Mr. FISH. I voted for the rule in the on both sides who are talking· about reg to· some other-matter we are to consider. committee, and·I think the House ought imentation and the civil rights of -the In view of that fact I think that the to know what was before the Commit Americaa people? Or do you want to unanimous action of 26 able and pains- tee on Rules. dodge the issues and vote the rule down? taking men is entitled to favorable con- · In the first instance, the proposition I am willing to meet these issues and sideration. Further, the splendid com- was to grant a rule for the entire Smith vote accordingly on the merits of each mittee of 7 that the gentleman from bill and make the entire Smith bill in amendment. Virginia [Mr. SMITH] represents is en- order as a ·substitute for the bill from Mr. FITZPATRICK. Mr. Speaker, will titled to respectful consideration. As I the Committee on Banking and Cur the gentleman yield? have said, a minority report was filed, rency. That would have been unfair, Mr. FISH. I yield to the gentleman so that there are actually 5 against 21. because it would have given the right from New York . .. In view of these facts I feel it is a mis- of-way to the Sniith bill over the bill Mr. FITZPATRICK. Does the gentle take to adopt the rule as it is written. reported by the Committee on Bank man believe the amendments ought to ! believe we should grant an open rule, ing and Currency, and the Smith bill be subject to a point of order if they giving the Members an opportunity to would have been considered first and are not germane to the bill? offer amendments, and the House should would have had legislative priority. · Mr. FISH. I have already explained be able to consider any amendment that on· reconsideration the Committee on that this report has been done at the is germane to the bill. Rules thought the fair and proper thing direction of the House. Many of the pro Mr. Speaker, I now yield 30 minutes to do was to compromise and make in posed amendments have to do with rent to the gentleman from New York [Mr. order those parts of the Smith bill that control, and with rationing, and might FisH]. were not germane to the Spence bill not be germane to the Spence bill. Those Mr. FISH. Mr. Speaker, I yield my- so that they could be presented to the amendments should be presented at this self 5 minutes. House by way of amendment, and per- time. We have to face the facts and the Mr. Speaker, I hesitate to criticize the mit the House ·to pass final judgment. conditions. We are about to recess with chairman of the Committee on Rules That seemed at the time to the mem in 30 days, and unless it is done that way [Mr. SABATHJ but it seems to me that bers of the Rules Committee to be a fair this question of rationing will not be when a chairman of the Rules Commit- proposition. brought up and these other amendments tee is not in favor of a rule that has been Mr. MARCANTONIO. Mr. Speaker, will not be presented for your considera reported out by the Committee on Rules, will the gentleman yield? tion. he ought to turn over the control of the Mr. FISH. I will yield in a minute. Mr. FITZPATRICK. For that reason time to some member of the Committee · That is what I think impelled the we are going to waive all points of order? on Rules who is in favor of the rule and overwhelming membership of the Com Mr. FISH. To present it to the House; is supporting the rule that has been mittee on. Rules to write a rule of this yes. reported. I believe that is the orderly kind. Evidently because Mr. Smith, the Mr. FITZPATRICK. Why not leave it and customary procedure, and if it is not, chairman of the committee appointed an open rule? certainly it should be, on the basis of by the :aouse to investigate the exec Mr. FISH. I do not see why the House fair play. utive agencies of the Government, there is not competent to decide on the merits Mr .. SABATH. Mr. Speaker, will the are certain Members of the House who of each amendment. I do not see why gentleman yield? are suspicious of Mr. Smith and the the House does not have the courage and · Mr. FISH. Certainly, I yield to the proposals that he advocates. I hap the intelligence to face these vital issues gentleman from Illinois. pen to be one who will not vote for any and not be protected by l'ules of pro · Mr.- SABATH. Does the gentleman drastic antilabor legislation that comes cedure. This is a legislative body to pro think it is unfair on my part to try to before the House, if it is designed to tect the interests of all the American preserve the right of the minority? · aeprive American wage-earners of any pe·ople. Mr. FISH.- The gentleman is the of their hard won rights whether it Mr. FITZPATRICK. Rules are what chairman, representing the majority of comes from the Smith committee or any the House has been governed by in the :.the committee. .J_J>Jh.er committe~ na.st.. 1944 CONGRESSIONAL RECORD-HOUSE 5469 Mr. FISH. If you w·ant to have a Patman bill. That is a different situa down on their merits, or stop speaking Committee on Rules that will protect tion than this. The gentleman also about and criticizing the failure of Con you against every vote, tell · it to your knows, I am sure, having read the Smith gress and the administration to protect district· and see what your constituents bill, that practically all the provisions of the rights of the American people against think about that. I am not a -rubber tne Smith bill would be germane to this bureaucratic regimentation and direc stamp Member· of Congress. I want bill u:ader an open rule. tives. Members on both sides to know that I am The SPEAKER pro tempore. The time Mr. SABATH. Mr. Speaker, I yield 4 willing to meet these issues fairly and of the gentleman from New York has minutes to the gentleman from Missouri squarely. I may vote against them all. again expired. [Mr. COCHRAN]. If they are antilabor, I will vote against Mr. FISH. Mr. Speaker, I yield myself Mr. COCHRAN. Mr. Speaker, the rule them if they are unfair and unjust to 3 additional minutes. presently before the House is a sample American labor. I am glad the Crosser Many members of the Committee on of what has been going on for several railroad amendment to provide that the Rules felt that some of these amend years when important legislation is sub decisions of impartial boards set up ments the gentleman from Virginia [Mr. mitted to the House by the Rules Com under the Railroad Labor Act shall not SMITH] is going to propose would not be mittee. I think it is generally understood be vitiated by bureaucratic directives. I germane, not just the War Labor Board that the Rules Committee was set up for am sorry that I ever voted for the Smith amendments but others, as to rent con the purpose of expediting legislation. Connally bill. I think it promoted trol, and rationing, They felt this was Many years ago this House was pre strikes. I led the fight against the rule the only way to get the amendments be sided over by a Speaker who was com on the Smith-Connally bill and tried to fore the House. I feel the same way. I monly called throughout the Nation the have the House. vote it down and refuse do not particularly like to stand here and czar. He was all powerful. In fact, he to consider the Smith-Connally bill. I advocate this rule, but if any drastic controlled the operations of the House. did everything I could to prevent the antilabor amendments are offered, I Not only did he dictate what legislation Smith-Connally bill from coming up at s!lall oppose them. I think it is a matter was to be considered, but he also was that time because it was in the midst for the House to decide. I have no par clothed with the power to name members . of the miners' strike, and I knew under ticular convictions about it. As I said in of the various -.committees in the House. the stress of that strike it would be un the beginning, I do not care a continental As a result of the policy he adopted there fortunate and difficult to legislate intel what the House does about this. rule. If was a revolt led by the former Senator ligently, I regret that I voted for it, at you do not want to face these issues, from Nebraska, Mr. Norris, then a Mem least on one occasion-! think I voted such as rationing, if you think they will ber of the House, and the czar was de against the Senate bill and for the House . embarrass you, and you are a;raid to throned. The dean of this present House, bill as amended-because it has pro face them, then vote the rule down. I the gentleman from Illinois [Mr. SABATHJ, moted strikes. I have told my people am not afraid to face any of these issues then a young Member, took an active that, and I want everybody else to know and vote on them. I will, however, vote part with Senator Norris. it. I have ~igned the petition to repeal against any antilabor legislation that is It mattered not in future years whether the Smith-Connally bill. It would have brought up that is unfair to labor.. So I the Republicans or the Democrats were been . much wiser if we had voted down do not care a bit what the Hous~ does, in control of the House, the procedure the rule. Then we would have had a and I do not want to stand here and con was practically the same. Either a policy . different story aft-er the miners' strikes sume time fighting for this rule. I am or a steering committee was set up and had been settled and we would not have not fighting for it. I voted for it in the recommended to the Rules Committee passed such drastic legislation. committee at the time only because I what legislation should be granted special Mr. MARCANTONIO. Mr. Speaker, thought it was, in the spirit of fairness, consideration. Likewise, a new method will the gentleman yield? the proper procedure and in the public · was found to name members of the com Mr. FISH. I yield to the gentleman interest. I know of no other way before mittees, both minority and majority. from New York. the 20th of this month to bring the pro The Democrats placed that power in the Mr. MARCANTONIO. The gentle posed amendments before the House. If hands of the Ways and Means Committee. man has been a member of the Com the House does not want this procedure, while the Republicans set up a Committee mittee on Rules for many, many years. it has the power to vote it down. It will on Committees. Does the gentleman recall a practice ever not bother me one bit what you do. I am It cannot be denied that the Demo existing whereby the Committee on willing to vote for the rule and to vote cratic Steering Committee, which could Rules reports out a rule for the consid on any amendment that is brought be· be called a Policy Committee, would meet eration of a bill allegedly acting in good fore the House. and pass upon requests for special legis faith, and at the same time provides a Mr. SABATH. Mr. Speaker, will the lation that had been reported by the provision in that same rule for the doing gentleman yield? legislative committees, and when a deci of a hatchet job on the very bill for which Mr. FISH. I yield to the gentleman sion was reached it was passed on to the it reports out the rule? That is most from Illinois. Rules Committee. In the last 2 or 3 extraordinary. Mr. SABATH. The gentleman from years, however, that policy does not pre Mr. FISH. I deny that part of your New York has always been fair to me, vail. statement that refers to a hatchet job. and I know tha.t he does not wish to say The Rules Committee are the ones Mr. MARCANTONIO. Does not the anything today that is unfair. He knows now who dictate what legislation this rule make in order the Smith bill? The that my position was the same on the House can and cannot consider, where gentleman himself said it would be un Smith-Connally bill as well as on the a special rule is needed. This has pro fair to give the Smith bill the rigpt-of other bill that was mentioned when the gressed to such an extent. that I feel it way. so-called precedent was established, the is time to call a spade a spade. This sit Mr. FISH. The whole bill. certainly, Barden bill. I was plar.ed in the same uation results from a coalition between because that would have given it priority embarrassing position because I thought certain Democrats and certain Repub- . before the House. Under this rule you it was wrong for the Committee on Rules licans on the Rules Committee. These can offer amendments in the orderly to do what it did. Consequently, I am certain Democrats, together with theRe way. There have been occasions when doing the same thing today. publicans on the committee, control the the Committee on Rules has done. that, Mr. FISH. I do not want to embarrass situation. on the bonus bill and a number of others. the gentleman or any other Member of The Rules Committee was never set up - Mr. McCORMACK. Mr. Speaker, will the House. I think it is in the public as a legislative committee, nor did any the gentleman yield? interest to consider these amendments. one ever feel that it would develop into Mr. FISH. I yield to the gentleman Members on both sides have been talk a legislative committee, but under the from Massachusetts. ~ ing about regimentation and about rent present policy it certainly has taken Mr. McCORMACK. The gentleman control and rationing and the civil rights upon itself to dictate legislation. As an knows that the bonus bill was before the of the American people, but when these ex-ample, let me say that the Rules Com very committee that report-ed out an issues are brought before us we try to mittee now, in certain instances, calls other bill, and the Members asked that duck and dodge them, put them off, and in witnesses who have previously testi the Ccnmittee on Rules report out a evade them. Let us pass the rule and fied before a legislative committee and rule making in order as a substitute the face them now and vote them up or discusses the merits of the legislation. 5470 CONGRESSIONAL RECORD-HOUSE JUNE 7 It has on numefous occasions required a · Mr. FISH. Mr. Speaker, I yield 5 · gentleman from Virginia asked that all legislative committee. either to strike out minutes to the distinguished ·gentleman : ·points of order to any provision in the certain provisions of a bill or agree to from Michigan [Mr. MICHENER]. 57 pages of H. R. 4647 be· waived · and certain amendments before · the rule Mr. MICHENER. Mr. Speaker, it is that · every. item mentioned in his biil, would be granted. In other words, it has unfortunate that we are in a position H. R. 4647, be in order as amendments set itself up as a super-duper committee where, in the consideration of .urgent to the committee bill. ·That is the rule assuming. control over the various leg legislation, there are those who say we which is before the House now. It does islative committees of the House. If this are opposing or defending the adminis nothing more nor less than that. does not stop I predict there is going to tration rather than considering the The Office of Price Administration was be another revelt. merits of the legislation. I .do not think created by statute. The purpose of the Now take the rule before us today. It anybody will accuse me of defending all Banking and Currency , Committee bill providf>S not only for the consideration of acts of the administration, and by the is to extend the life of that statute and the bill reported by the Committee on same token they will not accuse me of not make some needed amendments to the Banking and Currency extending the supporting the administration, when I 0. P. A. law. I cannot impress upon o. P. A. Act, but it likewise provides that think the administration is right. This you too strongly that any amendment the gentleman from Virginia . [Mr. is no occasion to indulge in political pertaining to the 0. P. A. law will be in SMITH] can offer any part or all of the harangue. · · order under the general rules of the provisions of the bill that he introduced, Mr. McCORMACK. Mr. Speaker, will House and without any special· extension 57 pages, and that they will not be subject the gentleman yield? or .limitation through a special rule. to a point of order. The Committee on Mr. MICHENER. I yield to the dis The Stabilization Act gets its vitality Banking and Currency, I understand, tinguished majority leader. by virtue of an Executwe order. There considered the Smith bill and it did not Mr. McCORMACK. I do not like to is a difference between the 0. P. A. law include his measure in the bill as re use the word "accusation,'' but there is and the Stabilization Act. ported. No one can deny but 'that the one "accusation" I would like to make The Smith bill covers amendments to gentleman from Virginia ·[Mr. SMITH] is . against the distinguished gentleman the 0. P. A. law, to.the stabilization law, a powerful member of the Rules Com- from Michigan, and that is, he is always to the Smith-Connally law, to the Wag mittee. . . . intellectually honest. ner Act, and, I believe, to other laws. Now what was the purpose of bringing Mr. MICHENER. I thank the gentle I cannot speak accurately because I have in a rule making ·~~he provisions of the man: not had an opportunity to read and Smith bill in order? In my humble opin The question before the House is sim- · digest its 57 pages. ion it was for no other purpose than to ply this,· and I shall speak entirely from It was the intention of the Banking embarrass the administration. They a procedural standpoint. A bill was in and Currency Committee to extend the are crippling amendment~ and might, if I troduced in the House and was referred 0. P. A. Act, as well as to make needed enacted into law, destroy the 0. P. A. to the Committee on Banking and Cur amendments to that act. It was not in Act. rency, the purpose being to deal with tended to niake this 0~ P. A. bill a carrier I cannot conceive that the House .will . 0. P. A. or price fixing. The committee to · which i:nisceilaneous riders ang .. adopt these. amendmentS bUt if any Of I held about 40 days' hearings on that amendments mig}lt be. added where leg them are added in the.Committee of the subject. · Then the committee, as I un- · islative committees of the 'House have Whole, when we return .to the House I derstand, unanimously reported' to the not held hearings and given considera feel that the Members should be entitled 1 House H. R. 4941. The committee unan- tion to the propos-als. I, 'therefore, voted to a separate vote on every amendment . imously appeared before the Committee for an open rule in ~ the committee an·d added if it is so desired. We have on Rules and asked for an open rule; I voted against making this bill an listened recently where Members will add that is, that this bill might be brought omnibus bill. ·The Rules Committee has an amendment in the Committee of the to the floor of the House with 9 hours' certain functions, but it ia not omnipo Whole and when a special vote is re general debate, .nd all the time anybody tent. While its functions are necessary quested in the House a sufficient number . in the· House wanted to offer amend under our parliamSntary procedure, yet of Members would refuse to stand up to ments, and with the privilege of every it can very easily destroy its usefulness provide a roll call so a record vote could Member in the House offering any ger by proceeding in the direction followe·d be taken on the amendment. That is mane amendment he saw fit. That is in the reporti?Jg of this rule. exactly what is· likely to happen if any the committee bill and the committee's Mr. Sp_eaker, if the previous ·question of the Smith amendments are adopted. positron. is voted down at the end of the 1 ho.ur's It seems to me if the Rules Committee After the hearings before the Rules debate, then 'I am informed an amend wan'ts to play fair with the Members of Committee, the distinguished gentleman ment will be offered to the rul~·. the effect the House that they should also provide · from Virginia [Mr. SMITH], who is the of which. will be to make the Banking that in the event that any <>f the Smith chairman of an investigating committee, and Currency Committee bill wide open amendments are · added to the bill in to which he has given much of hts time to every germane amendment offered. Com.mittee, that when the measure is re and work, filed a report in t:1e Bouse What can be fairer? What is more sen turned to the House a yea-and-nay vote not on a bill but a report of its work. sible? Nevertheless, the decision is up on those amendments would be consid Following this report of the committee, to the House. If'it is desired to create ered as having been ordered. In that the distinguished gentleman from Vir this new precedent and to embark upon way Members would be on record in ginia placed ii1 the bill, H. R. 4647, liis a course which, i.n iny judgment, is bound showi11g whether or not they favored views as to certain changes that should to lead to parliamentary chaos, then crippling this meritorious law. be made in existing law. The gentleman adopt this rule as reported by the Rules I dislike to be critical but the time has froin ·virginia then asked the Commit Com~ittee. In the final analysis, the arrived in my opinion when something tee on Rules that the request of the leg decision is with the House, but we should must be done to prevent a coalition of islative ·committee be disregarded and think long and understand clearly before Republicans.and Democrats on the Rules that his bill, which has never been con such a step is taken. Committee from embarrassing, not only sidered or reported by a legislative com Mr. FISH. Mr. Speaker, l yield 1 min mittee, be made in order in preference to ute · to the gentleman from Michigan the House, but the administration. and as a substitute for· the legislative [Mr. CRAWFoRD]. The way to do it is to vote down the committee bill. So that, had the com Mr. CRAWFORD. ·_ Mr. Speaker, the previous question. Then the resolution mittee granted that rule, we would have only thing I want to say is insofar as I would be open to amendment and the today read the Smith bill. After per personally am concerned, I am in favor House could eliminate the objectionable fect'ing the Smith bill, there would have of the rule and I am prepared to vote on language.· In its present- form I will not been· a vote between the Smith b1ll as any amendment that may be offered vote for the rule. perfected and the committee bill with- I which is germane ·under the rule or oth The SPEAKER. The time of the gen out any amendments. The Committee erwise. I do not know any reason why tleman has expired. on Rules voted that down. Then the we should not meet these issues. I think 1944 CONGR-ESSIONAL ·RECORD~ HOUSE 5471 the Smith (}Q:qlmitt~e did a gr~I)d job, on a very, very sensitive balance in this into the committee. I take .this time to and I think it should p~ recognized. Let bill, and a little emotion on one side or warn the Members of this House; every their amendments come befor.e the House the other will throw it out -of balance. one of whom is a member of a legislative and let us :deal witl;l _the amendments I do not want to see this bill over-bal committee, except those who are mem when _they are called. up. . As a member anced by any of these extraneous dis bers of the Rules Committee and no other of the Committee on Ban_king and Cur-· putes _which, at best, are highly contro committee, the Committee on Rules was rency I simply want to make that state- versial. never set up to be a legislative committee. ment. _ _ So the best thing for us to do is to vote It is a committee on procedure, to make Mr. FISH. -Mr.- Speaker, I yield. 7 min- down the previous question. Then I it possible that the majority of the House utes to the distinguished gentleman from understand the esteemed gentleman of Representatives may have the oppor Michig9:n [M:r. WOLCOTT]. from Kentucky [Mr. SPENCE], chairman tunity to work its will. If this is orderly, Mr. WOLCOTT. Mr. Speaker, I lis- of the Committee on Banking and Cur if that part of the rule that is in contro tened very attentively to the remarks rency, will offer an amendment, which versy here is orderly, then the legislative made by the gentleman from Virginia will not be in order unless we do vote committees of the House might well take [Mr. SMITH]. I hope that Members of down the previous question, to strike out care, because the Committee on Rules, the House will not get the impression the first sentence on page 2, which makes under this system, can meet, you can that unless the Smith committee bill is the whole of the Smith rill in order. introduce a bill today, refer it to a legis made in order they are going to be de-· Now, it has been rumored around the lative committee, and the Committee on prived of voting on the issues which it floor that the gentleman from Virginia Rules tomorrow can bring in a rule mak raises, with the-exception of those which [Mr. SMITH] does not intend to offer ing it in order. Do you want that kind seek to provide certain restrictions in' those amendments. That is why I read of condition to obtain in this House? respect to action taken by the War Labor verbatim the statement he made, that That is where rules with provisions like Board. He said, speaking of wage sta-· he did intend to offer them. Of course, this are leading us. We might as well bilization: all of the other provisions being germane: face it today as any other time. 1 Tealize that there is not much sentiment to the -bill without this language in the I: do not want to take away any of tlie for that subject, and it is ·not my pu'rpose to rule, the only purpose of this provision rights of the Committee' on Rules, and · offer those amendments to stabilize wages. which makes in order his bill (H. R. 4647) I do not want the Committee on Rules So that the only amendment in that con- is to get US on a side track somewhere. to take away the rights, prerogatives, nection that I expect to .offer will be those If we are not careful about that, Mr. and privileges of other standing com amendments which relate to court review ' Speaker, we will find ourselves on that' mittees of the House of Representatives. and which relate to prohibiting ~he War' side track'perhaps for the duration. It Now, we are met face to face with. this Labor Board from · exei·cising -certain func- involves one of the most highly contro issue, Mr. Speaker. If we settle it one tions that are · clearly in violation of the' versial subJ' ects that this House has ever. way today, ~hen this matter will be here Constitution. had to consider. All of us know that we many. many times in the future. If we If you will take title v of his.,bill you' ' have been treating that delicate subject settle it like it should be settled today, will find it makes some very material' as tenderly as we would J. new-born babe, I think there will be an end to the tres changes in the jurisdiction of the War in order not to interfere· with the orderly passing of one committee in the House Labor Board. and provisions of the Na-· settlement of labor disputes under laws upon the rights, prerogatives, and privi- tional ·Labor Relations · Act having no which you have already set up to do. If leges of other committees. ' connection whatsoever with the stabi- you want to change those laws, let us do The SPEAKER pro tempore
BAS 0. P. A. PRICE CONTROL KEPT PRICES DOWN? (PUBLIC LAW 421, 77TH CONG. CH. 26, 2D Act. So far as practicable, in establishing As this demonstration shows, 0. P. A. price SESS.] any maximum price, the Administrator shall control has been of great benefit to the con H. R. 5990 asc~rtain and give due consideration to the sumer tn keeping prices down. The com price~ prevai~ing between October 1 and Oc An act to further the national defense and tober 15, 1941 (or if, in the case of any com parison of what $43.75 would buy then and security by checking speculative anj exces · now is- dramatic evidence of what can-and modity, there are no prevailing prices be sive price rises, price dislocations, and infla tween such dates, or the prevailing prices does--happen when prices are not controlled. tionary tendencies, and for other purposes This exhibit brings up to date a compari between such dates are not generally repre son of prices which we have presented from Be it enacted, etc., sentative because of abnormal or seasonal time to time during the past 25 years, as a TITLE I-GENERAL PROVISIONS AND AUTHORITY market conditions or other cause, then to the prices prevailing during the nearest two matter of general interest. PURPOSES; TIME LIMIT; APPLICABILITY - Because these items were much in the week period in which, in the judgment of public mind, a barrel of fiour and 100 pounds SECTION 1. (a) It is hereby declared to be the Administrator, the prices for such com in the interest of the national defense and modity are generally representative). f.or the of sugar were used as the original basis for security and necessary to the effective prose comparison. commodity or commodities included under cution of the present war, and the pur such regulation or order, and shall make ad Mr. MURDOCK. I would like to. say .poses of this Act are, to stabilize prices justments for such relevant factors as he to the gentleman that I remember the and to prevent speculative, unwarr.anted, may determine and deem to be of general and abnormal increases in prices and rents; applicability,-including the f9llowing: Spec ·situation in the other World War, at a to eliminate and prevent profiteering, hoard ulative fiuctuations, general increases or de comparable time. I remember that we ing, manipulation, speculation, and other _creases in costs of production, distribution, had to pay $43.75 for the quantities of disruptive practices resulting from abnormal and transportation, and general increases or fiour and sugar as indicated here, and I market condition;;' or scarcities caused by or decreases in profits earned by sellers of the note by my present purchasing that all contributing to the national emergency; to commodity or commodities, during and sub these things may be added. · assure that defense appropriations are not sequent to the year ended October 1, 1941: Mr. PATMAN. And 88 more in addi dissipated by excessive prices; to protect per-· Provided, That no such regulation or order tion to the barrel of flour and the 100 , sons with relatively fixed and limited in shall contain any- provision requiring the comes, consumers, wage earners, investors, determination of costs otherwise than in ac pounds of sugar. . _and persons dependent on life insurance, an cordance with established accounting meth Mr. MURDOCK. I can overlook a nuities, and pensions from undue impair ods: Provided further, That this Act shall good many mistakes inade by 0. P. A. ment of their standard of living; to prevent not be construed or interpreted in such a when I think what the consuming pop . hardships, to persons engaged in business, w_ay as to give the Administrator the right ulation of America has been saved by to schools, universities, and other institu- to fix profits where su_ch action has no rela this Administration. , tions, and to the Federal, State, and local tion to price control. Every regulation or Mr. PATMAN. I thank the gentleman. governments, which would result from ab order issued under the foregoing provisions Mr. GILLESPIE. Mr. Chairman, will nor~al increa~es in prices; to assist in secur of this subsection shall be accompanied by ing ~dequate production of commodities and a statement of the considerations involved the gentleman yield? facilities; to preveil.t a post emergency col in the issuance of ·such regulation or order. Mr. PATMAN. I yield. lapse of _values; to stabilize agricultural prices As used in the foregoing provisions of this Mr. GILLESPIE. The gentleman men in tpe manner provided in section 3; and to subsection, the term "regulation or order" tioned a figure of 65 or 68. permit voluntary cooperation between the means a regulation or order of general appli Mr. PATMAN. Sixty-five billion dol Gov~rnment and producers, processors, and cab_ility and effect. Before issuing any regu lars. At the end of this year there will . others to accomplish the aforesaid purposes. lation or order under ·the foregoing provi It shall be the policy of those departments sions of this subsection, the Administrator be a saving of one hundred and forty · and agencies of the Government dealing with shall, so far as practicable, advise and con billion-'absolute saving-on the war cost wages (including the Department of Labor sult with representative members of the in alone as compared with prices paid dur- and its various bureaus, the War Department, dustry which will be affected by such regula ·ing the last war. • the Navy Department, the War Production tion or order, and shall give consideration Mr. GILLESPIE. Has the gentleman . Board, the National Labor Relations Board, to their recommendations. In the case of any figures which would show how much the National Mediation Board, the National any commodity for which a maximum price of that would have gone to cotton, corn, War Labor Board, and others heretofore or has been established, the Administrator shall, and wheat; to the farmers of America? hereafter created). within the limits of their at the request of any substantial portion of authority and jurisd\ction, to work toward a the industry subject 'to such maximum price, · Mr. PATMAN. · Some of it would have stabilization of prices, fair and equitable regulation, or order of the Administrator, ap- gone there. The farmers would have wages, and cost of production. - point an industry advisory committee, or also paid more. During the last war (b) The provisions of this Act, and all committees, either national or regional or sugar went to 35 cents a pound-several regulations, orders, price schedules, and re both, consisting of such number of repfe times as much as now. But that was the quirements thereunder, shall terminate on sentatives of the industry as may be neces main thing. The price of wheat and [June 30, 1944] June 30, 194p, or upon the sary in order to constitute a committee truly date of a proclamation by the President, or representative of the industry, or of the in cotton did not go up so much during dustry in such region, as the case may be. World War No. 1; ·it was after the war upon the date specified in a concurrent reso lution by the two Houses of the Congress, The committee shall select a chairman from was over and during the inflationary pe declaring that the further continuance of the among its members, and shall meet at the riod. What made it cost so much was authority granted by this Act is not necessary call of the chairman. The Administrator the cost of steel, aluminum, and things in the interest of the national defense and shall from time to time, at the request of like that. There is where the war cost security, whichever date Is the earlier; except the committee, advise and consult with the was. For instance, steel plate went up that as to offenses committed, or rights or committee with respect to the regulation or liabilities incurred, prior to such te:--mination order, and with respect to the form thereof, 187 percent during that same period of and classifications, differentiations, and ad the Flrst World War, and during this date, the provisions of this Act and such regulations, orders, price schedules, and re justr-:()nts therein. The committee may make war, in the same period, it has not gone quirements shall be treated as still remain such recomplendations to the Administrator up one penny. The same is true as to ing in force for the purpose of sustaining as it deems' advisable, and such recommenda plate glass, cement, and many other any proper suit, action, or prosecution with tions shall be considered by the Adminis things. There is where the real war cost respect to any such right, liability, or offense. trator. Whenever in the judgment of the is. (c) The provisions of this Act shall be Administrator such action is necessary or applicable to the United States, its Terri proper in order to effectuate the purposes Mr. GILLESPIE. How much of this of this Act, he may, without regard to the · $65,000,000,000 would have been drained tories and possessions, and the District of Columbia. foregoing provisions of this subsection, issue off in taxes? temporary regulations or orders establishing The CHAIRMAN. The time of the PRICES, RENTS, AND MARKET AND RENTING as a maximum pri.ce or maximum prices the gentleman from Texas has expired. PRACTICES price or prices prevailing with respect to any SEc. 2. (a) Whenever in the judgment of commodity or commodities within five days CHANGES IN EXISTING LAW the Price Administrator (provided for in sec prior to the date of issuance of such tem In compliance with paragraph 2a of rule tion 201) the price or prices of a commodity porary· regulations or orders; · but any such XIII of the Ru1es of the House of Repre or commodities have risen or threaten to temporary regulation or order shall be effec eentatives, changes in existing law made by rise to an extent or in a manner inconsist tive for not more than sixty days, and may the bill, as introduced, are shown as follows ent with the purposes of this Act, he may be replaced by a regulation or order issued (existing law proposed to be omitted is en by regulation or order establish such maxi under the foregoing provisions of thia sub closed in black brackets, new matter is mum price or maximum prices as in his section. printed in italics, existing law in which no judgment will be generally fair and equi (b) Whenever in the judgment of the.Ad change is proposed is shown in roman) : table and will effectuate the ,PUrposes of this ministrator sucll action is necessary or proper 1944 CONGRESSIONAL RECORD-HOUSE 5489 in order to effectuate the purposes of this Act, (d) Whenever lh the judgment of the Ad trading ln any agricUltural commodity for he shall issue a declaration setting forth ministrator such aptian is necessary or proper future delivery if such trading is subject to the necessity for, and recommendations with in order to effectuate the purposes of this Act, the provisions of the 'commodity Exchange reference to, the stabilization or reduction he may, by regulation or order, regulate or Act, as amended. of rents for any defense-area housing accom prohibit speculative or manipulative prac (f) No power conferred by this section modations within a particular defense-rental tices (including practices relating to changes shall be construed to· authorize any action area. If within sixty days after the issuance in form or quality) or hoarding, in connec contrary to the provisions and purposes of of any such recommendations rents for any tion with any commodity, and speculative or section 3, and no agricultural commodity such accommodations within such defense manipulative practices or renting or leasing shall be sold within the United States pur rental area have not in the judgment of the practices (including practices relating to re• suant to the provisions of this section b~ Administrator been stabllized or reduced by covery of the possession) in connection with any governmental agency at a price below State or local regulation, or otherwise, in any defense-area housing accommodations, the price limitations imposed by section_3 (a) accordance With the recommendations, the which in his judgment are equivalent to or of this Act with respect to such commodity. Administrator may by regulation or order · are likely to result in price or rent increases, (g) Regulations, orders, and requirements establish such maximum rent or maximum as the case may be, inconsistent with the under this Act may contain such provisions rents for such accommodations as in h is purposes of this Act. as the Administrator deems necessary to pre judgment will be generally fair and equitable (e) Whenever the Administrator determines vent the circumvention or evasion thereof. and will effectuate the purposes of this Act. that the maximum necessary production of (h) The -powers granted in this section So far as practicable, in establishing any any commodity is not being obtained or may shall not be used or made to operate to com maximum rent for any defense-area housing not be obtained during the ensuing year, he pel changes in the business practices, cost accommodations, the Administrator shall may, on behalf of the United States, without practices or methods, or means or aids to ascertain and give due consideration to the regard to the provisions of law requiring com distribution, established in any industry, the rents prevailing for such accommoda petitive bidding, buy or sell at public or pri [except to prevent circumvention or evasion tions, or comparable accommodations, on or vate sale, or store or use, such commodity in of any regulation, order, price schedule, or about April!, 1941 (or if, prior or subsequent such quantities and in such manner and requirement ·..1nder this Act] or changes in to April 1, 1941, defense activities shall have upon such terms and conditions as he deter established rental practices. resulted or threatened to result in increases mines to be necessary to obtain the maximum (l 1 No maximum p.rice shall be established in rents for housing accommodations in such necessary production thereof or otherwise for any fishery commodity below the average area inconsistent with the purposes of this to supply the demand therefor, or make sub price of such commodity in the year 1941. Act, then on or about a date (not earlier sidy payments to domestic producers of such (j) Nothing in this Act shall be construed 1940), than April!, which, in the judgment of commodity in such amounts and in such (1) as authorizing thu elimination or any re the Administrator, does not reflect such in manner and upon such terms and conditions striction of the use of trade and brand names; creases), and he shall make adjustments for as he determines to be necessary to obtain (2) as authorizing the Administrator to re such relevant factors as he may deter;mine the maximum necessary production thereof: quire the grade labeling of .any commo<" ' ty: and deem to be of general applicability in Provided, That in the case of any commodity respect of such accommodations, Including which has heretofore or may hereafter be (3) as authorizing the Administrator to increases or decreases in property taxes and defined as a strategic or critical material by standardize any commodity, unless the Ad other costs within such defense-rental area. the PreFident pursuant to section 5d of the ministrator shall determine, with respect to In designating defense-rental areas, in pre Reconstruction Finance Corporation Act, as such standardization, that no practicable al scribing regulations anr orders establishing amended, such determinations shall be made ternative exists for securing effective price maximum rents for such accommodations, by the Federal Loan Administrator, with the control witl1 respect to such commodity: or and in selecting persons to administer such approval of the President, and, notwithstand (4) as authorizing any order of the Adminis regulations and orders, · the Administrator ing any other provision of this Act or of any trator fixing maximum prices for different shall, to such extent as he determines to be existing law, such commodity may be bought kinds, classes, or types of a commodity which practicable, consider any recommendations or sold, or stored or used, and such subsidy are described in terms of specifications or which may be made by State and local offi payments to domestic producers thereof may standards, unless such specifications or cials concerned with housing or rental con be paid, only by corporations created or or standards were, prior to such order, in gen ditions in any defense-rental area. ganized pursuant to such section 5d; except eral use in the trade or industry affected, · (c) Any regulation or order under this that in the case of the sale of any commodity or have previously been promulgated and section may be establish(.:i in such form and by any such corporation, the sale price there their use lawfully required by another Gov· manner, may contain such classifications and for shall not exceed any maximum price es ernment agency. differentiations, and may provide for such tablished pursuant to subsection (a) of this AGRICULTURAL COMMODITIES adjustments and reasonable exceptions, as in section which is applicable to such com SEc. 3. (a) No maximum price shall be the judgment of the Administrator are neces modity at the time of sale or delivery, but established or maintained for any agricul sary or proper in order to effectuate the pur such sale price may be below such maximum tural commodity below the highest of any poses of this Act. The Administrator shall price· or below the purchase price of such of the following prices, as determined and provide jor individual adtustments in those commodity, and the Administrator may make published by the Secretary of AgricUlture: classes of cases where the rent on the maxi recommendations with respect to the buying ( 1) 110 per centum of the parity price for mum rent date for any housing accommoda or selling, or storage or use, of any such com such commodity, adjusted by the Secretary tions is, due to peculiar ~circumstances, sub modity: Provided, however, That, with the of Agriculture fpr grade, location, and sea stantially higher or lower than the rents gen exception of any commodity which prior to sonal differentials, or, in case a comparable erally prevailing in the defense-rental area the effective date of this amendatory proviso price has been determined for such commod tor comparable housing accommodations. has been defined as a strategic or critical ma 110 Any regulation or order under this section terial pursuant to section 5d of the Recon ity under subsection (b), per centum of which establishes a maximum price or maxi struction Finance Corporation Act, as such comparable price, adjusted in the same mum rent may provide for a maximum prrce amended, no agricultural commodity or com manner, in lieu of 110 per centum of the or maximum rent below the price or prices modity manufactured or processed in whole parity price so a!fjusted; (2) the market price prevailing for the commodity or commodities, or substantial part from any agricultural prevailing for such commodity on October 1, or below the rent or rents prevailing for the commodity intended to be used as food tor 1941; (3) the market price prevailing for such defense-area housing accommodations, at the human consumption, shall, for the purposes commodity on. December 15, 1941; or (4) the time of the issuance of such regulation or of this subsection, be defined as a strategic average price for such commodity during the order. Whenever the Administrator shall find or critical material pursuant to the provisions period July 1, 1919, to June 30, 1929. that the availability of adequate rental hous of said section 5d of the Reconstruction (b) For the purposes of this Act, parity ing accommodations and ~ other relevant fac Finance Corporation Act, as amended. In prices shall be determined and published by tors are such, as to eliminate speculative, any case in which a commodity is domes the Secretary of Agriculture as authorized by unwarranted, and abnormal increases in tically produced, the powers granted to the law. In the case of any agricultural com rents and to prevent profiteering, and specu Administrator by this subsection shall be modity other than the -basic crops-corn, wheat, cotton, rice, tobacco, and peanuts- lative and disruptive practices resulting from exercised with respect to importations of such abnormal market conditions caused by con the Secretary shall determine and publish a commodity only to the extent that, in the comparable price whenever he finds, after gestion, the controls imposed upon rents by judgment of the Administrator, the domestic authority of this Act shall be forthwith investigation a,nd public hearing, that the production of the commodity is not sumcient production and consumption of such com abolished in such areas theretofore desig to satisfy the demand therefor. Nothing in nated by the Administrator as defense-rental modity hac so changed in extent or character areas; b11-t whenever in the judgment of the this section shall be construed to modify, since the base period as to result in a price Administrator it is necessary or proper, in suspend, amend, or supersede any provision out of line with parity prices for basic com order to effectuate the purpose of this Act, of the Tariff Act of 1930, as amended, and modities. to reestablish the regulation of rents in any nothing in this section, or in any existing (c) No maximum price shall be established such defense-rental area, he may forthwith law, shall be construed to authorize any sale or maintained for any commodity processed by regulation or order establish maximum or other disposition of any agricultural com or manufactured in whole or substantial part rents for housing accommodations in the modity contrary to the provisions of the Agri from any agricultural commodity below a area in accordance with the standards set cultural Adjustment Act of 1938, as amended, _price which wlll reflect to producers of such forth in this Act. or to autht!>rize the Administrator to prohibit agricultural commodity a price for such agr1• 5490 CONGRESSIONAL RECORD-·HOUSE JUNE 7
cultural commodity equal to the highest price no such arrangement or agreement shall mod delegated .to such agency, office, or officer by therefor specified in subsection (a). ify any regulation, ord~r. or price schedule this or any other Act or by ,Executive order, (d) Nothing contained.in this Act shall be previously issued which is effective in accord shall exercise such powers· only through for construed to modify, repeal, supersede, or ance with the provisions of section 2 or sec mal written orders, or regulations which shall affect the provisions of the Agricultural Mar tion 206. The Attorney General shall be be promptly published in the Federal Reg keting Agreement Act of 1937, as amended, or promptly furnished with a copy of each such ister, but shall not otherwise be subject to - • to invalidate any marketing agreement, li arrangement or agreement. the provisions of the Federal' Register Act: cense, or order, or any provision thereof or TITLE II-ADMINISTRATION AND ENFORCEMENT Provided, That no order or regulation shall amendment thereto, heretofore or hereafter be published in accordance with the require made or issued under the provisions of such ADMINISTRATION ments of this subsection containing infor Act. SEc. 201. (a) There is hereby created an mation which, for reasorts of mi~itary secu (e) Notwithstanding any other provision of Office of Price Administration, which shall be rity, it is not in the public interest to divulge. this or !ny other law, no action shall be under the direction of a Price Administrator taken under this Act by the Administrator (referred to in this Act as the "Adminis- - INVESTIGATIONS; RECORDS; REPORTS or any other person with respect to any trator"). The Administrator shall be ap SEc. 202. (a) The Administrator is author agricultural commodity without the prior pointed by the President, by and with the ized to make such studies and investigations approval of the Secretary of Agriculture; ex advice and consent of the Senate, and shall and to obtain such information as he deems cept that the Administrator may take such receive compensation at the rate of $12,000 necessary or proper to assist him in prescrib action as may be necessary under section per annum. The Administrator may, subject ing any regulation or order under this Act, or 202 and section 205 [(a) and (b)] to enforce to the civil-service laws, appoint such em in the administration and enforcement of this compliance with any regulation, order, price ployees as he deems necessary in order to Act and regulations, orders, and price sched schedule or other requirement ,.with respect carry out his functions and duties under this ules thereunder. to an agricultural commodity which has been Act, and shall fix their compensation in ac (b) The Administrator is further author previously approved by the Secretary of Agri cordance with the Classification Act of 1923, ized, by regulation or order, to require any culture. as amended. The Administrator may utilize person who is engaged in the business of ·(f) No provision of this Act or of any the services of Federal, State, and local agen dealing with any commodity, or who rents or existing law shall be construed to authorize cies and may utilize and establish such re offers for rent or acts as broker or agent for any action contrary to the provisions and gional, local, or other agencies, and utilize the rental of any housing accommodations, to purposes of this section. such voluntary and uncompensated services, furnish any such information under oath or (g) Whenever a maximum price has been as may from time to time be needed. Attor affirmation or otherwise, to make and keep neys appointed under this section may appear records hnd other documents, and to make established, under this Act or otherwise, with reports, and he may require any such person respect to any fresh fruit of fresh vegetable, for and represent the Administrator in any case in any court. In the appointment, selec to permit the inspection and copying of rec the Administrator from time to time shall ords and other documents, the inspection of adjust such maximum price in order t.o make tion, classification, and promotion of officers and employees of the Office of Price Adminis inventories, and the inspection of defense a tpropriate allowances for substantial reduc area housing accommodations. The Adminis tions in merchantable crop yields, unusual tration, no political test or qualification shall be permitted or given consideration, but all trator may administer oaths and affirmations. increases in costs of production, and other and may, whenever necessary, by subpena, re factors which result from hazards occurring such appointments and promotions shall be given and made on the basis of merit and ef quire any such person to appear and testify in connection with the production and mar or to appear and produce documents, or both, keting of such commodity. ficiency. (b) The principal office of the Admlnistra;. at any designated place. PROHIBITIONS tor shall be in the District of Columbia, but (c) For the purpose of obtaining any in he or any duly authorized representative formation under subsection (a), the Admin SEc. 4. (a) It shall be unlawful, regardless istrator may by subpena require any other of any contract, agreement, lease, or other may exercise any or all of his powers in any place. The President is authorized to trans person to appear·and testify or to appear and obligation heretofore or hereafter entered produce documents, or both, at any desig into, for any person to sell or deliver any com fer any of the powers and functions con ferred by this Act upon the Officf of Price nated place. modity, or in the course of trade or business (d) The production of a person's docu to buy or receive any commodity, or to de Administration with respect to a particular commodity or commodities to any other ments at any place other than his place of mand or receive any rent for any defense business shall riot be required under 'this area housing accommodations, or otherwise department or agen.cy of the Government having other functions relating to such section in any case in which, prior to the re to do or omit to do any act, in violation of turn date specified in the subpena issued with commodity or commodities, and to tran~ any regulation or order under section 2, or of respect thereto, such person either has fur any price schedule effective in accordance fer to the Office of Price Administration any nished the Administrator with a copy of such with the provisions of section 206, or of any of the powers and functions relating to documents (certified by such person under regulation, order, or .requirement under sec priorities or rationing conferred by law upon oath to be a true and correct copy), or has tion 202 (b) or section 205 (f) , or t<1 offer, any other department-or agency of the Gov entered into a stipulation with the Adminis solicit, attempt, or agree to do any of the ernment with respect to any particular com trator as to the information contained in such foregoing. modity or commodities; but, notwithstanding documents. (b) It shall be unlawful for any person to any provision of this or any other law, no (e) In case of contumacy by, or refusal to remove or attempt to remove from any de- powers or functions conferred by law upon obey a subpena served upon, any person re ' fense-are.a housing accommodations the ten the Secretary of Agriculture shall be trans ferred to in subsection (c), the district court ant or occupant thereof or to refuse to renew ferred to the Office of Price Administration or for any district in which such person ts found the lease or agreement for the use of such to the Administrator, and no powers or func or resides or transacts business, upon appli accommodations, because such tenant or oc tions conferred by law upon any other de cation by the Administrator, shall have juris cupant has taken, or proposes to take, action partment or agency of the Government with diction to issue an order requiring such per authorized or required by this Act or any respect to any agricultural commodity, except son to appear and give testimony or to appear regulation, order, or requirement thereunder. powers and functions relating to priorities and produce documents, or both; and any (c) It shall be unlawful for any officer or or rationing, shall be so transferred. failure to obey such order of the court; may · employee of the Government, or for any ad . (c) The Administrator shall have author be punished by such court as a contempt viser or consultant to the Administrator in ity to make such expenditures (including ex thereof. The provisions of this subsection his official capacity, to disclose, otherwise penditures for personal services and rent shall also apply to any person referred to in than in the course of official duty, any infor at the seat of government and elsewhere; for subsection (b), and shall be in addition to mation obtained under this Act, or to use any lawbooks and books of reference; and for the provisions of section 4 (a) . such information, for personal benefit. paper,. printing, and binding) as he may (f) Witnesses subpenaed under this section deem necessary for the administration and (d) Nothing in this Act shal~ be construed shall be paid the same fees and mileage as to require any person to sell any commodity enforcement of this Act. The provisions of are paid witnesses in the district courts of or to offer any accommodations for rent. section 3709 of the Revised Statutes shall the United States. not apply to the purchase of supplies and (g) No person shall be excused from com.. VOLUNTARY AGREEMENTS services by the Administrator where the ag plying with any requirements under this sec SEc. 5. In carrying out the provisions of this gregate amount involved does not exceed tion because of his privilege against self Act, the Administrator is authoriZed to con $250. incrimination, but the immunity provisions fer with producers, processors, manufactur (d) The Administrator may, from time to of the Compulsory Testimony Act of Febru ers, retailers, wholesalers, and other groups time, issue such regulations and orders as ary 11, 1893 (U. S. C., 1934 edition, title 49, having to do with commodities, and with rep he may deem necessary or proper in order to sec. 46), shall apply with respect to any indi resentatives and associations thereof, to co carry out the purposes and provisions of vidual who specifically claims such privilege. operate with any agency or person, and to this Act. (h) The Administrator shall not publish enter into voluntary arrangements or agree (e) AZZ agencies, offices, or officer'S of the or disclose any information obtained under ments with any such persons, groups, or as Government exercising supervisory or policy this Act that such Administrator deems con sociations relating to the fixing of maximum making powers over the Office of Price Admin fidential or with reference to which a re prices the issuance of other regulations or istration, War Food Administration, or War quest for confidential treatment is made by orders, or the other purposes of this Act, but Production Board, whether such powers Are the person furnishing such information, un- 1944 CONGRESSIONAL RECORD-HOUSE 5491
leta he determines that the withholding to require· the Administrator to diapose oj bers, and-any such divis~on may render judg thereof is contrary to the interest of the such protest within such time as may be fixed ment as the judgment of the court. The national defense and security. by the court. If the Administrator does no'l court shall have the powers of a district court act finally within the time fixed by the court, PROCEDURE with respect to the juris~iction conferred on the protest shall be deemed to be denied at it by this Act; except that the court shall not SEC. 203. (a) [Within a period of sixty the expiration oj that period. have power to issue any temporary restrain days] At any time after the issuance of any ing order or interlocutory decree staying or regulation or order under section 2, or in the REVIEW · restraining, in whole or in part, the effective case of a price schedule, [within a period of SEc. 204. (a) Any person who is aggrieved ness of any regulation or order issued under sixty days] at any time after the effective by the denial or partial denial of his protest section 2 or any price schedule effective in date thereof specified in section 206, any per may, within thirty days after such denial, file accordance with the provisions of section 206. son subject to any provision of such regu a complaint with the Emergency Court of Ap· The court shall exercise its powers and pre· lation, order, or price schedule may, in ac peals, created pursuant to subsection (c), scribe rules governing its procedure in such cordance with regulations to be prescribed specifying his objections and praying that the manner as to expedite the determination of by the Administrator, file a protest specifi regulation, order, or price schedule protested cases of which it has jurisdiction under this cally setting forth objections to any such be enjoined or set aside in whole or in part. Act. The court may fix and establish a table provision and aftl.davits or other written evi A copy of such complaint shall forthwith be of costs and fees to be approved by the Su dence in support of such objections. [At served on the Administrator, who shall certify preme Court of the United States. but the any time after the expiration of such sixty and file with such court a transcript of such days any person subject-to any provision of portions of the proceedings in connection with costs and fees so fixed shall not exceed with such regulation, order, or price schedule may respect to any item the costs and fees charged the protest as are material under the com in the Supreme Court of the United States. file such a protest based solely on grounds plaint. Such transcript shall include a ~tate arising after the expiration of such sixty ment setting forth, so far as practicable, the The court shall have a seal, hold sessions at days.] Statements in support of any such economic data and other facts of which the such places as it may specify, and appoint a regulation, order, or price schedule may be Administrator has taken official notice. Upon clerk and such other employees as it deems received and incorporated in the transcript the filing of such com,Rlaint the court shall necessary or proper. of the proceedings at such times and in ac have exclusive jurisdiction to set aside such (d) Within thirty days after entry of a cordance with such regulations as may be regulation, order, or price schedule, in whole judgment or order, interlocutory or final, by prescribed by the Administrator. Within a or in part, to dismiss the complaint, or to the Emergency Court of Appeals, a petition reasonable time after the filing of any pro remand the proceeding: Provided, That the for a writ of certiorari may be filed in the test under this subsection, but in no event regulation, order. or price schedule may be Supreme Court of the United States, and more than thirty days after such filing [or modified or rescinded by the Administrator thereupon the judgment or order shall be ninety days after the issuance of the regu at any time notwithstanding the pendenc-y of subject to review by the Supreme Court in lation or order (or in the case of a price such complaint. No objection to such regula· the same manner aa a judgment of a circuit schedule, ninety days after the effective date tion, order, or price schedule, and no evidence court of appea]s as provided in section 240 thereof specified in section 206) in respect tn support of any objectiOn thereto, shall be of the Judicial Code, as amended (U. S. C., of which the protest is filed, whichever oc considered by the court, unless such objection 1934 edition, title 28, sec. · 347). The Su curs later], the Administrator shall either shall hftve been set forth by the complainant preme Court shall advance on the docket and grant or deny such protest in whole or in in the protest or such evidence shall be con expedite the disposition of all causes filed part, notice such protest for hearing, or pro tained in the transcript. If application is therein pursuant to this subsection. The vide an opportunity to present further evi made to the court by either party for leave to Emergency Court of Appeals, and the Su dence in connection therewith. In the event introduce additional evidence which was preme Court, upon review of judgments and that the Administrator denies any such pro either offered to the Administrator and not· orders of the Emergency Court of Appeals, test in whole or in part, he shall inform the admitted, or which could not reasonably have shall have exclusive jurisdiction to deter protestant of the grounds upon. which such been offered to the Administrator or included mine the validity of any regulation or order decision is based, and of any econoll\ic data py the Administrator in such proceedings, and issued under section 2, of any price schedule and other facts of which the Administrator the court determines that such evidence effective in accordance with the provisions of has taken oftl.cial notice. should be admitted,. the court shall order the section 206, and-of any provision of any such (b) In the a'dministration of this Act the evidence to be presented to the Administra regulation. order, or price schedule. Except Administrator may take oftl.cial notice of tor. The Administrator shall promptly re as provided in this section, no court--Fed.;. economic data and other facts, including ceive the same, and such other evidence as he eral, State, or Territorial-shall have juris facts found by him as a result of action taken deems necessary or proper, and thereupon he diction or power to consider the validity of under section 202. shall certify and file with the court a tran any such regulation, order, or price schedule, (c) Any proceedings under this section script thereof and any modification made in or to stay, restrain, enjoin, or set aside, in may be limited by the Administrator to the the regulation, order, or price schedule as a whole or in part, any provision of this Act filing of aftl.davits, or other written evidence, result thereof; except that on request by the authorizing the-issuance of such regulation-s and the filing of briefs: Provided, however, Administrator, any such evidence shall be or orders, or making effective any such That, upon the request of the protestant, any presented directly to the court. price schedule, or any provision of any such protest filed in accordance with subsection (b) No such regulation, order, or price regulation, order, or price schedule, or to (a) of thid section, after S~ptember 1, 1944, schedule shall be enjoined or set asi.de, in restrain or enjoin the enforcement of any shall, before denial in whole or in part, be whole or in part, unless the complainant es· such provision. considered by a board of review consisting of tablishes to the satisfaction of the court that (e) (1) At any time prior to or within five one or more officers or employees of the Office the regulation, order, or price schedule is not days after judgment in any proceeding of Price Administration designated by the in accordance with law, or is arbitrary or ca brought pursuant to section 205 involVing Administrator in accordance with regulations pricious. The effectiveness of a Judgment of alleged violation of any provision of any reg to be promulgated by him. The Administra the court enjoining or setting aside, in whole ulation or order issued under section 2 or of tor shall cause to be presented to the board or in part, any such regulation, order, or price any price schedule effective tn accordance such evidence, including economic data, in schedule shall be postponed until the expira with the provisions of section 206, the de the jorm of affidavits or .otherwise, as he tion of thirty days from the entry thereof, fendant may apply to the court in which the deems appropriate in support of the provision except that if a petition for a writ of certio proceeding is pending for leave to file in the against which the protest is filed. The prot rari is filed with the Supreme Court under Emergency Court of Appeals a complaint estant shall be accorded an opportunity to subsection (d) within such thirty days, the against the Administrator setting forth ob present rebuttal evidence in writing and oral effectiveness of such judgment shall be post jections to the validity of any provision which argument before the board_ and the board poned until an order of the Supreme Court the defendant is alleged to have violated. shall make written recommendations to the denying such petition becomes final, or until The ·court in which the proceeding is pending Price Administrator. The protestant shall be other final disposition of the case by the shall grant such leave with respect to any informed of the recommendations of the Supreme Court. objection which. it finds is made in good board and, in the event that the Adminis- · (c) There is hereby created a court of the faith and with respect to which it finds there trator rejects such recommendations in whole United States to be known as the Emergency is reasonable and substantial excuse tor the or in part, shall be informed of the reasons' jor Court of Appeals, which shall consist .of three defendant's failure to present such objection such rejection. or more judges to be designated by the Chief in a protest filed in accordance with section (d) Any protest filed under this section Justice of the United States from judges of 203 (a). Upon the filing of a complaint pur shall be granted or denied by the Adminis· the United States district courts and circuit suant to and within thirty days from the trator, or granted in part and the remainder courts of appeals. The Chief Justice of the granting of such leave, the Emergency Court of it dented, within a reasonable time after it United States shall designate one of such of Appeals shall have jurisdiction to enjoin is filed. Any protestant who is aggrieved by judges as chief judge of the Emergency Court or set aside in whole or in part the provision undue delay. on the part of the Administrator of Appeals, and may, from time to time'; des of the regulation, order, or price schedule in disposing of his protest may petition the ignate additional judges for such court and "CCmplained of or to dismiss the complaint. Emergency Court of Appeals, created pur revoke previous designations. The chief The court may authorize the introduction of sn ant to section 240, for relief; and such court judge may, from time to time, divide the evidence, either to the Administrator or di shall have jurisdiction by appropriate order court into divisions of three or more mem- rectly to the court, in accordance with sub:- 5492 CONGRESSIONAL RECORD-HOUSE JUNE 7
section (a} of this section. The provtsions action constituting the violation occurred. livery is completed or rent is paid.] Any of subsections (b), (c), and (d) of this Except as provided in section 205 (f) (2), action under this subsection by either the section shall be applicable with respect to such other proceedings may be brought in any buyer or the Administrator, as the case may any proceeding instituted in accordance with district in which any part of any act or trans be, may be brought in any court of compe this subsection. action constituting the violati.on occurred, tent jurisdiction. A judgment in an action (2} In any proceeding brought pursuant to and may also be brought in the district in for damages under this subsection shall be section 205 involving an alleged violation of which the defendant resides or transacts busi a bar to the recovery under this subsection any provision of any such regulation, order ness, and process in such cases may be served of any damages in any other action against or price schedule, the court shall stay the pro in any district wherein the defendant resides the same seller on account of sales made to ceeding- or transacts business or wherever the defend the same purchaser prior to the institution (i} during the period within which a com ant may be found. Any such court shall ad of the action in which such judgment was plaint may be filed in the Emergency Court vance on the docket and expedite the dispo rendered. [The provisions of this subsection of Appeals pursuant to leave granted under . sition of any criminal or other proceedings shall not take effect until after the expiration paragraph (1) of this subsection with respect brought before it under this section. No of six months from the date of enactment of to such provision,· costs shall be assessed against the Adminis this act.] (ii) during the pendency of any protest trator or the United States Government in (f) (1) Whenever in the judgment of the properly filed by the.defendant under section any proceeding under this Act. Administrator such action is necessary or 203 prior to the iustitution of the proceeding (d) No person shall be held liable for proper in order to effectuate the purposes • under section 205, sstting forth objections to damages or penalties in any Federal, State, of this Act and to assure compliance with the validity of such provision which the court or Territorial court, on any grounds for or and provide for the effective enforcement of finds to have been made in good faith; and in respect of anything done or omitted to be any regulation or order issued or which may (iii) during the pendency of any judicial done in good faith pursuant to any provision be issued under section 2, or of any price proceeding instituted by the defendant under of this Act or any regulation, order, price schedule effective in accordance with the pro this se(Jtion with respect to such protest or schedule, requirement, or agreement there visions of section 206, he may by regulation instituted by the defendant under paragraph under, or under any price schedule of the or order issue to or require of any person ( 1) of this subsection with respect to such Administrator of the Office of Price Adminis or persons subject to any regulation or order provision, and until the expiration of the tration or of the Administrator of the Office issued under section 2, or subject to any time allowed in this section for the taking of Price Administration and Civilian Supply, such price schedule, a license as a condi ot further proceedings with respect thereto. notwithstanding that subsequently such pro tion of selling any commodity or commodi Notwithstanding the provisions ot this para vision, regulation, order, price schedule, re ties with respect to which such regulation, graph, in the case of a proceeding under sec quirement, or agreement may be modified, order, or price schedule is applicable. It tion 205 (a) the court granting a stay under rescinded, or determined to be invalid. In shall not be necessary for the Administrator this paragraph may issue a temporary in any suit or action wherein a party relies for to issue a separate license for each com junction or restraining order enjoining or ground of relief or defense upon this Act or modity or for each regulation, order. or price restraining, during the period of the stay, any regulation, order, price schedule, require schedule with respect to which a license is violations by the defendant of the provision ment, or agreement thereunder, the court required. No such license shall contain any of the regulation, order, or price schedule in having jurisdiction of such suit or action provision which could not be prescribed by volved. If any provision of a regulation, or shall certify such fact to the Administrator. regulation, order. or requirement under sec der, or price schedule is determined to be The Administrator may intervene in any such· tion 2 or section 202: Provided, That no such invalid by judgment of the Emergency Court suit or action. license may be required as a condition of of Appeals which has become effective in ac (e) If any person selling a commodity vio selling or distributing (except as waste or cordance with section 204 (b), any proceed lates a regulation, order, or price schedule scrap) newspapers, periodicals, books, or other ing pending in any court shall be dismissed, prescribing a maximum price or maximum printed or written material, or motion pic and anv judgment in such proceeding va prices, the person who buys such commodity tures, or as a condition of selling radio time: ca.ted, to the extent that such proceeding or for use or consumption other than in the Provided further, That no license may be re judgment is based upon violation of such pro course of trade or business [may] may, within quired of any farmer as a condition of sell vision. Except as provided in this subsection, one year from the date of the occurrence of ing any agricultural commodity produced by the pendency of any protest under section the violation except as hereinafter provided, him, and no license may be required of any 203, or judtcial proceeding under this section, bring an action [either for $50 or for treble ftsherman as a condition of selling any fishery shall not be grounds for staytng any proceed commodity caught or taken by him: Provided ing brought pursuant to section 205. the amount by which the consideration ex ceeded the applicaple maximum price, which further, That in any case in which such a ENFORCEMENT ever is the greater, plus reasonable attorney's license is required of any person, the Admin SEc 205. (a} Whenever in the judgment of fees and costs as determined by the court] istrator shall not have power to deny to such the Administrator any person has engaged against the seller on account of the over person a license to sell any commodity or or is about to engage in any acts or prac charge. In such action, the seller sfl,all be commodities, unless such person already has tices whic.ll constitute or will constitute a liable for reasonable attorney's fees and costs such a license to sell such commodity or com violation of any provision of section 4 of this as determined by the court, plus whichever modities, or unless there is in effect under Act, he may make application to the appro of the following sums is the greater: (1) paragraph (2) of this subsection with respect priate court for an order enjoining such acts Such amount not less than one and one-half to such person an order of suspension of a or practices, or for an order enforcing com times and not more than three times the previous license to the extent that such pre pliance with such provision, and upon a show amount of the overcharge, or the overcharges, vious license authorized such person to sell ing by the Administrator that such person upon which the action is based as the court such commodity or commodities. has engaged or is about to engage in any such in its discretion may determine, or (2) $50. (2) Whenever in the judgment of the Ad acts or practices a permanent or temporary For the purposes of this section the payment ministrator a person has violated any of the injunction, restraining order, or other order or receipt of rent for defense-area housing provisions of a license issued under this shall be granted without bond. accommodations shall be deemed the buying subsection, or has violated any of the provi (b) Any person who willfully violates any or selling of a commodity, as the case may sions of any regulation, order, or requirement provision of section 4 of this Act, and any be; and the word "overcharge" shall mean under section 2 or section 202 (b) , or any person who makes any statement or entry the amount by which the consideration ex of the provisions of any price schedule ef false in any material respect in any docu ceeds the applicable maximum price. If any fective in accordance with the provisions of ment or report required to be kept or filed person selling a commodity violates a regu section 206, which is applicable to such per under section 2 or section 202, shall, upon lation, order, or price schedule prescribing a son, a warning notice shall be sent by regis conviction thereof, be subject to a fine of not maximum price or maximum prices, and the tered mail to such_ person. If the Adminis more than $5,000, or to imprisonment for not buyer [is not entitled to bring suit or action trator has reason to believe that such person more than two years in the case of a viola under this subsection, the Administrator may has again violated any of the provisions of tion of section 4 (c) and for not more than bring such action under this subsection on such license, regulation, order, price schedule, one year in all other cases, or to both such behalf of the United States] either jails to or requirement after receipt of such warn fine and imprisonment. Whenever the Ad institute an action under this subsection ing notice, the Administrator may petition ministrator has reason to believe that any within thirty days from the date of the oc any State or Territorial court of competent person is liable to punishment under this currence of the violation or is not entitled jurisdiction, or a district court subject to the subsection, he may certify the facts to the for any reason to bring the action, the Ad limitations hereinafter provide~. for an or. Attorney General, who may, in his discretion, ministrator may institute such action on der suspending the license of such person for cause appropriate proceedings to be brought. behalf of the United States within such one any period of not more than twelve months. (c) The district courts shall have jurisdic year period. If such action is instituted by If any such court finds that such person tion of criminal proceedings for violations of the Administrator, the buyer shall thereafter has violated any of the provisions of such section 4 of this Act, and concurrently with be barred from bringing an action for the . license, regulation, order, price .schedule, or State and Territorial courts, of all other pro same violation or violations. [Any suit or requirement after the receipt of the warning ceedings under section 205 of this Act. Such action under this subsection may be brought notice, such court shall issue an order sus criminal proceedings may be brought in any in any court of competent jurisdiction, and pending the license to the extent that it an district in which any part of any act or trans- shall be instituted within one year after- de- thorizes such person to sell the commoclHy 1944 CONGRESSIONAL RECORD-HOUSE 5493 or commodities in connection with which the (except materials furnished for publication applicability of such provision to other per violation occurred, or to the extent that it by any press association or feature service, sons or circumstances shall not be affected authorizes such person to sell any commodity boc'rs, magazines, motion pictures, periodi thereby. or commodities with respect to which a reg cals, and newspapers other than as waste or APPROPRIA'l'IONS AU'I'HORIZED ulation or order Issued under section 2, or a scrap) , and it also includes services rendered SEC. 304. There are ~uthorized to be appro price schedule effective in accordance with the otherwise than as an employee in connection priated such sums as may be necessary or provisions of section 206, is applicable; but no with the processing, distribution, storage, in.; proper to carry out the provisions and pur· such suspension shall be for a period of' more stallation, repair, or negotiation of purchases poses of this Act. than twelve months. For the purposes of this or sales of a commodity, or in connection subsection, any such proceedings for the sus with the operation of any service establish APPLICATION OF EXISTING LAW pension of a license may be brought in a dis ment for the servicing of a commodit:-: Pro SEC. 305. ~o provision of law in force on trict court if the licensee is doing business in videc, That nothing in this Act shall be con the date of enactment of this Act shall be more than one State, or if his gross sales ex strued to authorize the regulation of (1) construed to authorize any action inconsis ceed $100,000 per annum. Within thirty days · compensation paid by an employer to any of tent with the provisions and purposes of this after the entry of the judgment or order of his employees, or (2) rates charged by any Act. any court either suspending a license, or dis common carrier or other public utility, or SHORT TITLE missing or denying in whole or in part the (3) rates charged by any person engaged in SEc. 306. This Act may be cited as the Administrator's petition fOl' suspension, an the business of selling or underwriting in "Emergency Price Control Act of 1942." appeal may be taken from such judgment or surance, or (4) rates charged by any person Approved, January 30, 1942. order in like manner as an appeal may be engaged in the business of operating or pub taken in other cases from a judgment or or lishing a newspaper, periodical, or magazine, der of a State, Territorial, or district court, or operating a radio broadcasting station, a [Public Law 729, 77th Cong., ch. 578, 2U sess.) as the case may be. Upon good cause shown, motion-picture or other theater enterprise, or H. R. 7565 any such order of suspension may be stayed outdoor advertising facilities, or (5) rates A an act to amend the Emergency Price Con by the appropriate court or any judge there charged for any professional services. trol Act of 1942, to aid in preventing infla of in accordance with the applicable practice; (d) The term "defense-rental area" means tion, and for other purposes · and upon written stipulation of the parties the District of Columbia and any area des Be it enacted by the Senate and House of to the proceeding for suspension, approved ignated by the Administrator as an area Representatives of the United States oj by the trial court, any such order of sus where defense activities have resulted or America in Congress assembled, That in order pension may be modified, and the license threaten to result in an increase in the rents to aid in the effective prosecution of the war, which has been suspended may be restored, for housing accommodations inconsistent the President is authorized and directed, on upon such terms and conditions as such with the purposes of this Act. or before November 1, 1942, to issue l1 gen court shall find reasonable. Any such order (e) The term "defense-area housing ac eral order stabilizing prices, wages, and sal of suspension shall be affirmed by the appro commodations" means housing accommoda aries, affecting the cost of living; and, except .priate appellate court if, under the applica tions within any defense-rental area. as otherwise provided in this Act, such sta ble rules of law, the evidence in the record (f) The term "housing accommodations" bilization shall so far as practicable be on supports a finding that there has been a vio I!leans any building, structure, or part there the basis of the levels which existed on Sep lation of any provision of such license, regu of, or land appurtenant thereto, .or any other tember 15, 1942. The President [may] shall. lation, order, price schedule, or requirement real ·or personal property rented or offered except as otherwise provided in this Act, after receipt of such warning notice. No for rent for living or dwelling purposes (in thereafter provide for making adjustments proceedings for suspension of a license, and cluding houses, apartments, hotels, room with respect to prices, wages, and salaries, to no ~uch suspension, shall confer any immu ing or boarding house accommodations, and the extent that he finds necessary to aid in nity from any other provision of this Act. other properties used for living or dwelling the effective prosecution of the war or to SAVING PROVISIONS purposes) together with all privileges, serv correct gross inequities: Provided, That no .SEc. 206. Aoy price schedule establishing .a ices, furnishings, furniture, and facilities common carrier or other public utility shall maximum price or maximum prices, issued by connected with the use or occupancy of such make any general increase in its rates or the Administrator of the Office of Price Ad property. · charges which were in effect on September 15, ministration or the Administrator of the (g) The term "rent" means the considera 1942~ unless it first gives thirty days notice Office of Price Administration and Civilian tion demanded or received in connection to the President, or such agency as he may Supply, prior to the date upon which the with the use or occupancy or the transfer of designate, and consents to tile timely inter Adminl_strator provided for by section 201 of a lease of any housing accommodations. vention by such agency before the Federal, this Act takes office, shall, from such date, (h) The term "person" ineludes an indi State, or municipal authority having juris have the same effect as if issued under section vidual, corporation, partnership, association, diction to consider such increase. 2 of this .Act until such price s«hedule is or any otper organized group of persons, or SEc. 2. The President may, from time to superseded by action taken pursuant to such legal successor or representative of any of the time, promulgate such regulations as may section 2 . . Such price schedules shall be con foregoing and includ~s the United States or be necessary. and proper to carry out any of sistent with the standards contained in sec any agency thereof, or any otht!' govern the provisions of this Act; and may exercise tion 2 and the limitations contained in sec ment, or any of Its political subdivisions, or any power or authority conferred upon him tion 3 of this Act, and shall be subject to any agency of any of the foregoing: Provided, by this Act through such department, protest and review as provided in section 203 That no punishment provided by this Act agency, or officer as he shall direct. The and section 204 of this Act. All such price shall apply to the United States, or to any President may suspend the provisions of sec schedules shall be reprinted in the Federal such government, political subdivision, or tions 3 (a) and 3 (c), and clause (1) of Register within ten days after the date upon agency. section 302 (c) , of the Emergency Price Con which such Administrator takes office. (i) The term "maximum price," as applied trol Act of 1942 to the extent that·such sec to prices of commodities means the maxi tions are inconsistent with the provisions of TITLE III-MISCELLANEOUS mum lawful price for such commodities, and this Act, but he may not under the authority QUARTERLY REPORT the term "maximum rent" means the maxi of this Act suspend any other law or part SEc. 301. The Administrator from time to mum lawful rent for the use of defense-area thereof. time, but not less frequently than once every housing accommodations. Maximum prices SEC. 3. No maximum price shaH be estab ninety days, shall transmit to the Congress a and maximum rents may be formulated, as lished or maintained for any agricultural report of operations under this Act. If the the case may be, in terms of prices, rents, commodity under authority of this Act or Senate or the House of Representatives is not margins, commissions, fees, and other otherwise below a price which will reflect to in session, such reports shall be transmitted charges, and allowances. producers of agricultural commodities the to the Secretary of the Senate, or the Clerk (j)_ The term "documents" includes rec higher of the following prices, as determined of the House of Representatives, as the case ords, books, accounts, correspondence, mem and published by the Secretary of Agri may be. oranda, and other documents, and drafts, culture- (1) The parity price for such commodity DEFINITIONS and copies of any of the foregoing. _ (k) The term "district court" means any (adjusted by the Secretary of Agriculture for SEc. 302. As used in 'this Act- district court of the United States, and the grade, location, and seasonal differentials) or, ( a) The term "sale" includes sales, disposi United States Court for an'y Territory or other in case a comparable price has' been deter- tions, exchanges, leases, and other transfers, place subject to the jurisdiction of the United . mined for such commodity under and in and contracts and offers to do any of the States; and · the term "circuit courts of ap accordance with the provisions ot section 3 foregoing~ The terms "sell", "selling", "sell peals" includes the Uni.ted States Court of (b) of the Emergency Price Control Act of er", "buy", and "buyer" shall be construed Appeals .for the Di~trict of Columbia. 1942, such comparable price (adjusted in the accordingly. same manner), or (b) The term "prices" means the considera SEPARABILITY (2) The higliest price received by such pro tion demanded or received in connection with SEc. 303. If any provision of this Act or the ducers for sUch commodity between January the sale -or a commodity. application of such provision to any person 1, 1942,' and September 15,"1942 (adjusted by (c) The term "commodity" mean'S com or circumstances shall be held invalid, th~ the- Secretary of Agriculture for grade, loca modities! articles, products, and materials validity of the remainder of the Act and the tion, and seasonal differentials). or, U the 5494 CONGRESSIONAL RECO~D-HOUSE JUNE 7· market for such commodity was inactive dur disregarded by the executive departments SEc. 9. (a) Section 4 (a) of the Act en ing the latter half of such period. a price for and other governmental agencies in deter titled "An Act to extend the life and increase the commodity determined by the Secretary mining the costs or expenses of any employer the credit resources of the Commodity Credit of Agriculture to be in line with the prices, for the purposes of any othel\ law or regu Corporation, and for other purposes," ap during such period, of other agricultural com lation. proved July 1, 1941 {U. S. C., 1940 edition, modities producea for the same general use; (b) Nothing in this Act shall be construed Supp. I, title 15, sec. 713a-8), is amended- and no maximum price shall be established to prevent the reduction by any private em ( 1) By inserting after the words "so as to or maintained under authority of this Act or ployer of the salary of any of his employees support" a comma and the following: "dur otherwise for any commodity pr0cessed or which is at the rate of $5,000 or more per ing the continuance of the present war and manufactured in whole or substantial part annum. until the expiration of the two-year period from any agricultur,al commodity below a price (c) The President shall have power by beginning with the 1st day of January im which will reflect to the producers of such regulation to limit or prohibit the payment mediately following the date upon which the agricultural commodity a price therefor equal of double time except when, because of emer President by proclamation or the Congress by to the higher of the prices specified in clauses gency conditions, 1;\n employee is required to concurrent resolution declares that hostillties (1) and (2) of this section: Provided, "I:hat work for seven consecutive days in any regu in the present war have terminated,". the President [may] shall, without regard to larly scheduled workweek. (2) By strikipg out "85 per centum" and the !imitation contained in clause (2), ad SEc. 6. The provisions of this Act (except inserting in lieu thereof "90 per centum". just any su.ch maximum pnce to the extent s~ctions 8 and 9), and all regulations there (3) By inserting after the word "tobacco" that he finds necessary to correct gross inequi under, shall terminate on [June 30, 1944] a comma and the word "peanuts". ties; but nothing in this section shall be con June 30, 1945, or on such eauier date as the (b) The amendments made by this sec strued to permit the establishment in any case . Congress by concurrent resolution, or the tion shall, irrespective of whether or not of a maximum price below a price which will President by proclamation, may prescribe. there is any further public announcement reflect to the producers of any agricultural SEc. 7. (a) Section 1 (b) of the Emergency under such section 4 (a), be applicable with commod1ty the price therefor specified in Price Control Act of 1942 is hereby amended respect to any commodity with respect to clause ( 1) of this section: Provided further, by striking out "June 30, 1943" and substitut which a public announcement has hereto That modifications shall be made in maximum ing "June 30, 1944". fore been made under such section 4 (a) . prices established for any agricultural com (b) All provisions (including prohibitions ' SEc. 10. When used in this Act, the terms modity and for commodities processed or and penalties) of the Emergency Price Con "wages" and " salaries" shall include addi manufactured in whole or substantial part trol Act of 1942 which are applicable with tional compensation, on an annual or other from any· agricultural commodity under: regu respect .to 9rders or regulations under such basis, paid to employees by their employers lations to be prescribed by the President, in Act sbaJl, insofar as they are not inconsistent for personal services (excluding insurance any case where it appears that such modifica with the provisions of this Act, be applicable and pension benefits in a reasonable amount tion is necessary to increase the production in the same manner and for the same purposes to be determined by the President); but for of such commc.dity for war purposes, or where with respect to regulations or orders issued the purpose of determining wages or salaries by reason of increased labor o.r other costs to by the Price Administrator in the exercise of for any period prior to September 16, 1942, the producers of such agricultural commodity any functions which may be delegated to him such aditional compensation shall be taken incurred since January 1, 1941, the maximum under authority of this Act. into account only in cases where it has been prices so established will not reflect such in (c) Nothing in this Act shall be construed customarily paid by employers to their em creased costs: Provided further, That in the to invalidate any provision of the Emergency ployees. fixing of maximum prices on products re Price Control Act of 1942 (except to the extent · SEc. 11. Any individual, corporation, part sulting from the processing of agricultural that such provisions are suspended under au thority of section 2), or to invalidate any reg nership, or association wfilfully violating any commodities, including livestock, a generally ulation, price schedule, or order issued or provision of this Act, or of any regulation pro fair and equitable margin shall be allowed for effective under such Act. mulgated thereunder, shall, upon conviction· such processing: Provided further, That in thereof, be subject to a fine of not more.than fixing price maximums for agricutural com SEc. 8. (a) The Commodity Credit Corpora tion is authorized and directed to make avail $1,000, or to imprisonment for not more than modities and for commodl.ties processed or one year, or to both such fine and imprison manufactured in whole or substantial part able upon any crop of the commodit~es cotton, corn, wheat, rice, tobacco and peanuts har ment. from any agricultural commodity as provided Sec. 12. The Committee on Banking and for by this Act, adequate weighting shall be vested after December 3l, 1941, and before the expiration of the two-year period beginning Currency of the Senate and the Committee given to farm labor. on Banking and Currency of the House of SEc. 4. No action shall be taken under au with the 1st day of January immediately fol lowing the date upon which the President by Representatives, respectively, are authorized thority of this Act with respect to wages or to conduct investigations as to the effective salaries, ( 1) which is inconsistent with the proclamation or the Congress by concurrent resolution decla~res that hostilities in the ness of the stabilization activities carried on provisions of the Fair Labor Standards Act of pursuant to this Act, the Emergency Price 1938, as amended, or the National Labor present war have terminated, if producers have not disapproved marketing quotas for Control Act of 1942, or otherwise, and as to Relations Act, or (2) for the purpose of re the effect of such activities upon industry, ducing wages or salaries for any particular such commodity for the marketing year be ginning in the calendar year in which such production, renting and housing, ana dis work below the highest wages or salaries paid tribution. For such purposes, either such therefor between January 1, 1942, and Sep crop is harvested, loans as follows: (1) To cooperators (except cooperators out committee, acting as a whole or by subcom tember 15, 1942. mittee, may sit and act at such times, In any dispute between employees and car side the commercial corn-producing area, in whether or not the Senate or House is sitting, riers subject to the Railway Labor Act, as the case of corn) at the rate of 90 per centum has recessed, or has adjourned, hold such amended, as to changes affecting wage or of the parity price for the commodity as of hearings, require by subpena, or otherwise, salary payments, the procedures of such Act the beginning of the marketing year; the attendance of such witnesses and the shall be followed for the purpose of bringing (2) To cooperators outside the commercial production of such books, papers, and docu about a settlement of such dispute. Any corn-producing area, in the case of corn, at ments, and take such testimony, as it deems agency provided for by such Act, as a pre the rate of 75 per centum of the rate specified necessary. Subpena may be issued under the -requisite to effecting or recommending a set in (1) above; signature of the chairman of either such com tlement of any such dispute, shall make a (3) To noncooperators (except noncoopera mittee or of any member designated by him, specific finding and certification that the tors outside the commercial corn-producing changes proposed by such settlement or rec area, in the case of ·corn) at the rate of 60 per and may be served by any person designated ommended settlement are consistent with centum of the rate specified in ( 1) above and by such chairman or member. Such com such standards as may be then in effect, es only on so much of the commodity as would mittees, respectively, shall report from time to tablished by or pursuant to law, tor the pur be subject to penalty if marketed. time to the Senate and House of Representa pose of controlling inflationary tendencies. (b) All provisions of law applicable with tives the results of such investigations, to Where such finding and certification are respect to loans under the Agricultural Ad gether with such recommendations as such . made by such agency, they shall be conclu- justment Act of 1938, as amended, shall, in committees deem advisable. sive, and it shall be lawful for the employees sofar as they are not inconsistent with the sec. 1~. This Act may be cited as the "Stab ·and carriers, by agreement, to put into effect provisions of this section,. be applicable with ilization Act of 1942". the changes proposed by the settlement or respect to loans made under this section. ·recommended settlement with respect to (c) In the case of any commodity. with Mr. WOLCOTT. Mr. Chairman, I yield which such finding and certification were respect to which loans may be made at the 20 minutes to the gentleman· from Cali made. rate provided in paragraph (1) of subsection fornia [Mr. ROLPH]. SEc. 5. (a) No employer shall pay, and no (a)., the President may fix the loan rate at Mr. "ROLPH. Mr. Chairman, quoting employee shall receive, wages ·or salaries in any rate not less than the loan rate other-· from ·my remarks in this Chamber to contravention of the regulations promul wise provided by law if be determines that November 25, 1941, and referring to the . gated by the President under this Act. The the loan rate so· fixed 1s necessary to prevent President shall also prescribe the extent to an increase in the cost of feed for livestock "committee vote which originally brought which any wage or salary payment made in and poultry and to aid in the effective prose price control to the floor of the House, contravention of such regulations shall be cution of the war. I said.: · '1944 CONGRESSIONAL RECORD-HOUSE 5495 The vote of 18 to 5 shows that this legis pie ·whose incomes· had declined so great- the landlord may be acting in good faith, lation is by no stretch of the imagination a ly in the depression an opportunity to such as, for instance, where the original rental partisan measure. get suitable .living accommodations. In was fixed for one-family unit and afterward many instances the tenants themselves, additional tenants, or two or more family In voting the present extension, our units, move in to take possession, or where committee ·cast not one negative vote. whose incomes have increased greatly, extra facilities are provided, such as refrig Price control continues to be anything would be glad to pay increased rents, but eration or new or additional equipment. In but a partisan measure. · under the 0. P. A. regulations they are such case the tenant may agree to pay a . Price control is a success. Critics of prevented from doing so. , slight increase in rental, but at the end of 0. P. A. do not find fault with the law. In order to clear up this situation, and a year may sue the landlord to obtain a judg so as to make the law satisfactory to all ment based upon 12 or more alleged viola- They complain about the way it is being · t d tions of the act over a period of 12 months, administered. parties concerned an d t o b e f air 0 1an - on the basis of $50 for every alleged violation. On November 25, 1941, I made this lord anc tenant, I introduced an amend- A case was reported here of an elderly further statement: ment which would take care of 80 percent woman who had been renting a small fiat to We need planes, tanks, ships, and muni of the complaints against rerit control. a man for $12.50 a month. New tenan'ts tions of all sorts for national defense. That I would like to read that amendment at moved in and the rent was fixed at $13'.50 is the thought underlying price-control leg this time: per month. At the end of a year the tenants islation. Amend section 2 (b) by adding at the end brought suit, claiming 12 violations of the thereof the following: act, and the court awarded the tenants $50 How well we planned is set forth by "The Administrator shall within 60 days judgment for each violation, a total of $600, the Office of Price Administration itself after the ~tfective date of this act amend the plus $75 attorney fees, and also an additional on page 87 ·of the Bureau's brochure en rent regulations to provide that the area rent amount for costs of court, all upon· alleged titled "Renewal of the Price Control Act." directors of each defense-rental area hereto- overcharge of $12. Several Members have referred to this fore or hereafter designated by the Adminis- In this connection I now quote from a sixty-five billion, and I just want to quote trator shall make individual adjustments in San Francisco paper: exactly from the P. A. records: cases within their areas where injustices are 0. being ·done or wm be done to either owner In passing on the suits Judge Cronin said: . One hundred and thirty-six billion dollars or .occupant, including cases where: _ "If these awards seem harsh in view of was the cost to the taxpayers up to January .. (a) There have been since the maximum the amount of the overcharges, it must be 1, 1944, of fighting World War No. 2. We rent date a substantial rise in property taxes borne in mind that as judge of this court have seen the record of comparative prices or net operating costs, or there is nothing I can do about it. The of the two wars. We know that the cost "(b) The rent on the maximum rent date plain purpose of the provisions of the Emer ot World War No. ·1 was increased 72 perc..ent for any hottsing accommodation is, due to gency Price Control Act is to prevent the evils by unnecessary price rises. We have seen peculiar circumstance, substantially higher of inflation, and for that purpose to enlist on previous cbarts six compariSons showing or lower than the rents generally prevailing the help of consumers in discouraging via the far greater inflationary pressures of in the defense-rental area for .comparable lations. Granting these awards are manda World War No.2. If prices of war materials housing accommodations, or tory upon the· courts and in these cases no bad increaned to the same-degree as during "(c) Petition is made for determination of judicial disr.retion whatever is allowed. The World War No. 1, $65,000,000,000 extra would a maximum rent prior to renting of housing award must be either $50 or three times have been already added to the cost of the accommodations first rented after the maxi- the amount of the particular overcharge present war. Whether the actual figure mum rent date, or in each instance, whichever, according. to would have been more or less than that huge "(d) In a multiple-unit premises· or proj- the terms of the law, is the greater. sum is anybody's guess. ' ect the rent for any unit of housing accom- "The statute is so strict that good faitb. modation is lower than the · maximum rent and innocent nonconformity with its pro Congress takes just pride in the record. generally preva1ling for C'Omparable housing visions, even though coupled with a willing But our efforts would have been in vain accommodations in the same premises or ness and a desire to make restitution for the unless the people themselves had backed project on ·the maximum rent date, or overqharge, cannot be considered by the us up. When originally voting for price "(e) The rent is less than the total cost of courts as a defense. · control we knew full well this form of operating the housing accommodations and "In none of these cases do 1 necessarily regimentation had no chance of success is lower than the rent generally prevailing find the defendants guilty of bad faith or without almost unanimous public ap for comparable housing accommodations on deliberate intentions to violate the law, but the maximum rent date." from the evidence adduced, as a matter of .Proval. People responded wholeheart simple mathematics, I am compelled to find ·edly. Mr. Chairman, informed parties tell their charges were greater than those allowed Witnesses by the scc.,re appeared before me that almost 90 percent of rent com- by o. P. A. regulations and price ceilings, our committee. It would seem that every plaints cover items ranging from $2.50 and hence judgments must be rendered as comma, every phrase, every word in the to $10. indicated." law had been gone over with a fine-tooth The amendment just read was de- Mr. MONRONEY. Mr. Chairman, will comb. Representatives from the· country feated by a single vote in the committee. the gentleman yield? .over were given an opportunity of setting However, the following amendment was Mr. ROLPH. I yield to the gentleman forth their ideas and opinions. In hun adopted unanimously: from Oklahoma. . · dreds of cases where individuals or groups Insert after the first sentence in section Mr. MONRONEY. I take this occa- were unable to present their views in 2 (c) the following sentence: sion to compliment the gentleman from person they sent resolutions, wires, let "The Administrator shall provide for indi- California on the 'diligent fight he made ters, or releases. All desire price control vidual adjustments in those classes of cases .n the commi'ttee to eliminate this form to· be continued. · where the rent on the maximum rent date 1 When I was home a short while ago, I for any housing accommodations is, due to of racketeering, and also to say that the he.ard only OI)e man ask that the law be peculiar circumstances, substantially higher improvements in the hardship provisions repealed. While almost everyone has his or lower than the rente generally prevailing in the rental portion of the price-control in the defense-rental area for comparable bill were largely due to his persistence or her individual idea as to how 0. P. A. housing accommodations." in this matter. should be run, it is evident we cannot write a bill satisfactory to each individual. I sincerely hope that this amendment Mr. ROLPH. I thank the gentleman Other Members will talk to you about wm be of help. very sincerely. May I say that it was various items, procedures, and practices. Now about the racket which has arisen also with the help of the distinguished Rent control is the subject I will discuss. in connection with the provisions of the gentleman from Oklahoma that the com What I am working for is fair treatment act which makes it mandatory in civil mittee has rectified this situation. to tenant and owner alike. actions for the court to impose a fine of ' Section 205, subsection