Congressional Record-Senate

5140 CONGRESSIONAL RECORD-SENATE. APRIL 7, on the subject of Sunday observance; to the Committee on the knowing how he would vote on thi · question, I withhold my District of Columbia. vote. . · 50 6. By l\1r. RIDDICK: Petition of farmers of Portage and Mr. OVERMAN (when his name was called). I have a gen· Big .:andy, in the ' tate of Montana, urging the revival of the eral pair with the senior Senator from Wyoming [Mr. W ABREN]. United States Grain Corporation; to the Committee on Agri I transfer that pair to the junior Senator from Rhode Island culture. [Mr. GERRY] and vote "nay." 5007. By l\Ir. S.i.\HTH of Michigan: Petition of 178 citizens l\Ir. STERLING (when his name wa called). I transfer my of .Iichigun prote ting against the passage of House bill 4388, pair with the Senator from South Carolina [Mr. SMITH] to the providing for the re""ulution of Sunday observance by civil force junior Senator from Ohio [Mr. WILLIS] and vote "nay." under penalty for the Di ·tlict of Columbia; to the Committee Mr. SUTHERLAND (when his name was called). I have a on the District of Columbia. general pair with the senior Senator from Arkansas [Mr. RoB r;:008. By l\1r. SNELL: Petition of members of Grange 968, of INSON]. I transfer that pair to the junior Senator from Oregon Edwards, St. Lawrence County, N. Y., favoring the Voigt bill, [1\Ir. STANFIELD] and vote "yea." prohibiting the manufacture of filled milk; to the Committee l\lr. UNDERWOOD (when his name was called). I ha e a on Agriculture. general pair with the senior Senator from Massachusetts [Mr. 5009. Bv Mr. S.r YDER: Petition of resident of the thirty LoDGE]. He is ab ent.. and I therefore withhold my vote. third New York congre~sional district, requesting the prohibi The roll call was concluded. tion of imitation milk iu interstate commerce; to the Committee Mr. KENDRICK. I haYe a general pair with the enior on Agriculture. Senator from Illinois [l\lr. ~IcCoRMICK]. I transfer that pair 5010. By l\lr. TEENERSO~: Resolution of International to the enior Senator from Nebraska [Mr. HITCHCOCK] and Brotherhood of Locomotive Engineers of Thief River Falls, vote" nay." Minn., favoring Hou e bill 10798; to the Committee on Inter· l\lr. NEW. I transfer my pail· with the junior Senator from .,tate and Foreio-n Commerce. Tenne see [Mr. McKELLAR] to the junior Senator from Michi· :5011. By. "llr. TINKHA.~I: Petition of the Fir t Universalist gan [Mr. NEWBERRY] and vote "yea." Church of Roxbury, l\Ias ., relative to the Austrian debt to the 1\lr. H.A.RRISON. I transfer my pair with the Senator from United State.., ; to the Committee on Way and Means. we~t Virginia [1\lr. ELKINS] to the junior Senator from Ala· fi012. By l\Ir. TOWNER: Petition of J. K. Forsyth, of San bama [1\Jr. HEFLIN] and Yote "nay." Franci co, Calif. and 57 other citizens of the State of Califor 1\Ir. RANSDELL. I withhold my vote. nia. a king for the pa ~ ·age of the Towner-Sterling educational l\Ir. WILLIAMS. Has the Senator from Indiana [l\Ir. WAT· bill: to the Committee on Education. SON] voted? 5013. Also, petition of Jackson E. Mohr and 38 other citizens The PRESIDING OFFICER. That Senator has not voted. of EYansville, Ind., a.· king for the passage of the Towner-Ster Mr. -WILLI~MS. I haYe a pair with that Senator, and in ling educational bill: to the Committee on Education. his ab ·ence I am not at liberty to vote. If at liberty to vote, 5014. Also, petition of Harry A. Maxwell, of Malden, Mass., I would vote "nay." and 135 othe1· citizens of the State of Massachusetts, asking 1\Ir. CURTIS. I wi h to announce that the Senator from for the pas age of the Towner-Sterling educational bill; to the North Dakota [Mr. 1\lcCul-mER], the Senator from .Utah [Mr. C mmittee on Education. SMOOT], the Senator from Vermont [Mr. DILLINGHAM], the 5015. By llr. VOL TEAD: Petition of 82 farmers in the Senator from Indiana [1\fr. WATso.~], and the Senator from eventll congre ional dLtrict of Minnesota, urging revival of Connecticut [Mr. McLEAN] are detained ·at a meeting of the the Government Grain Corporation and a guaranteed price on Committee on Finance. farm product ; to the Committee on Agricultllre. I wish also to announce the following pairs : The Senator from Delaware [l\Ir. DU PoNT] with the Senator from Missouri [Mr. REED]; The Senator from Minnesota [l\Ir. KELLOGG] with the Senator SENATE. from North Carolina [Mr. SI'M:MONS] ; The Senator from New Jer ey [Mr. EDGE] with the Senator FRIDAY April 7, 19'2~. from Oklahoma [1\Ir. OwEN] ; The Senator from Rhode Island [l\Ir. CoLT] with the Senator (Leg·islatire da11 ot 1Tednesday, Apr-a 5, 1922.) from Florida [1\Ir. T.RAMMELL] ; The Senate met at 11 o'clock a. m., on the expiration of the The Senator from Vermont [l\Ir. DILLINGHAM] with the Sena recess. tor from Virginia [Mr. Guss]; The PRESIDING OFFICER (Mr. LENROOT in the chair). The Senator from North Dakota [1\Ir. McCuMBER] with the The Senate resumes the consideration of House bill 9103. Senator from Utah [Mr. KING] ; ADDITIONAL DISTRICT JUDGES. The Senator from Colorado [~fr. PHIPPS) with the Senator The Senate, as in Committee of the Whole, resumed the con- from South Carolina [Mr. DIAL] ; and ideration of the bill {H. R. 9103) for the appointment of addi The Senator from Wyoming [~1r. WARREN) with the Senator tional district judges for certain courts of the United States, from ,.9rth Carolina [l\Ir. OVERMAN]. to provide for annual conferences of certain judges of the The roll call resulted-yeas 25, nays 21, as follows : United States court.,, to authorize the designation, assignment, YEAS-25. Ball Frelinghuy en Myers Sheppard and appointment of juuge outside their districts, and for other Bursum Harris New Shortridge purposes. Cameron John on Nicholson Spencer The PRESIDING OFFICER. The question is upon agreeing Curtis Keye Oddie Sutherland Ernst Ladd Peppf>r to the amendment propo ed by the Senator from New Jersey Fernald McKinley Poindexter [Mr. FRELIJXGHUYSEN] to the amendment of the committee. Fletcher Moses Pomerene The amendment to the amendment will be read. NAYS-21. The READING CLERK. In the amendment of the committee, .Ashurst Kendrick Korris Wal h, Mas, page 10, line 13, after the word " two " insert " for the district Capper La Follette Qyerman Walsh, Mont. Caraway Lenroot Raw on Watson, Ga . .of ""ew Jersey, one." Cummins McNary Stanl.ey 1\Ir. FRELINGHUYSEX. On agreeing to the amendment to GFrance McCumber Smith .. b. ent to-day and I promised to take care of him with a pair. The PRESIDING OFFICER. On thi · question the yeas are 25 and the nay are 21. The Senator from Louisiana [1\Ir. Th~refore, I withhold my vote. Mr. :NEW (when his name was called). I have a pair with RA: ~ 'DELL] announced that h~ withheld his vote. The Senator the junior Senator from Tennessee [1\Ir. M KELLAR]. Not from Washington [1\Ir. JoNE ], the Senator from Alabama [1\Ir. 1922. CONGRESSIONAL RECORD-SENATE . 5141.

UNDERWOOD], and the Senator from Mississippi [Mr. WILLLUIS] I n Arizona, where, of CQurse, my friend, the senior Senator announced their pairs. 'I'he e Senators ma]re a. quorum present, from Arizona [Mr. ASHURST], will have a fight on his hands, anrl the amendment offered by the Senator from ew Jersey the Republicans will be aided to the extent of having a new to the amendment of the committee is agreed to. appointee in the form of an additional judge in that State. _ l\lr. HARRISON obtained the tlOOl.'. It seems that, running throUgh the whole bill, I think, with l\11·. HARRIS. Mr. President, will the Senator yield to me four exceptions, the States whlch are selected to be given from for a moment? one to three additional judges are States where sharp contests The PRESIDING OFFICER. Does the Senator from 'Mis will occur o"'er the election of sitting Members or others who siRsippi yield to the Senator from Georgia? are running on the Republican ticket. So it was but naturnl l\lr. HARRISON. I yield. that the Republicans should have adopted the so-called FrelL g 1\fr. HARRIS. I offer an amendment which, I understand, huysen amendment to give the Senator from New Jer , · n i acceptable to the committee, and I ask that it may be read .additional judge in his State to aid him in the coming campaign. at the Secretary's desk. I do not think there will be any Mr. President, it i very appropriate in the discus ion of the opposition to it. pending bill that the attention of the country should be called The PRESIDING OFFICER. The amendment proposed by to what transpired in this Chamber on day before yesterday. I the Senator from Georgia will be stated. . did not speak on yesterday touching the action of the Senate The READING CLERK. On page 10, line 22, in the committee on the day before, for I did not desire to interfere with the amep.dment, it is proposed to strike out the word '"' district " pending bill ; so, under an arrangement, the Senate met one hour and to insert " and southern districts." earlier this morning. It was a perfectly harmless re olutjon l\Ir. CUl\fMINS. Mr. President-- which was before the Senate on day before yesterday, merely The PRESIDING OFFICER. The question is on the amend asking the President of the United States- ment which has been proposed by the Senator from Georgia to to furnish to the Senate the name of every per on appointed by ~eeu the amendment of the committee. The Senator from Mississippi tive order, setting aside civil-service rules, and to furnish to the nate [Mr. HAlilllsON] has the floor. the reasons therefor. 1\fr. HARRISON. I yield for the present to 'the Senator from Is not the country entitled to know who, since the 4th of l.ast Iowa. 1\!arch, under Executive order, have been appointed to civil l!r. CUMMINS. Mr. President, the amendment which has service positions and the reasons for such appointments? Yet just been proposed by the Senator from Georgia [l\Ir. HARRis] the Senators on the other side <>f the aisle, for practically three to the amendment of the committee does not propose to add hours, employed every parliamentary maneuver to prevent that to the number of judges. It simply provides for the appoint resolution from coming before the Senate for discussion and ment of an additional judge in Georgia for two districts instead action. During the whole morning hour, lasting for two hours, of for one district. The. committee, so far as I have been able Senators on the other ide, with two or three 'exceptions, lined to ascertain its wishes, accepts the amendment. up unitedly and "'otecl against the resolution presented by me The PRESIDING OFFICER. The question is on the amend being laid before the Senate for consideration and action. What ment to the amendment. was th~ motive behind their activities? What prompted the The amendment to the amendment was agreed to. majority to employ such tactics in order to strangle the re'SOln The PRESIDING OFFICER. The question is upon the adop tion and hold it on the table and prevent it from coming tion of the amendment of the committee as amended. before the Senate? APPOINTMENTS TO AND REMOVAL FROM OFFICE. l\Ir. MOSES. Mr. President-- The PRESIDING OFFICER. Doe the Senator from Mi ·is- l\1r. HARRISON. Mr. President, I was not surprised when ~::ippi yield to the Senator from New Hampshire? the vote was announced a few moments ago on the amendment Mr. HARRISON. I ~rield to the Senator. offered by the Senator from New Jersey [Mr. FRELINGHUYSEN]. l\fr. MOSES. In th~ interest of complete historical accumcy, It was a perfectly natural thing for Senators on the other side will the Senator state how the Senators on the other side voted, of the Chamber to vote for the amendment; it was only carry- and whether thE:'y lined up with complete solidarity in order .to ing out the policy as expre sed in this bilL It would have been force the resolution through, and will he also give his opinion very unfortunate for the Senator from New Jersey, who offered as to what the motive is on the other side for pres in,g the the amendment; it would have been highly discriminatory, if resolution? Senators on the other side should have failed to accept the 1\Ir. HARRISOX Yes; that is exactly what I arose to-day to amendment and vote for it; for the Senator from New Jersey address myself to. would have never been able to explain to his constituents in 1\fr. President, this sirle of the aisle unitedly voted to bring New Jersey why the distinguished Senator from Massachusetts the resolution before the Senate for consideration and for action. [Mr. LoDGE], the leader on the other side of the Chamber, had The motive behind their action was the belief that the ~rican been able to obtain two judges to assist him in his election in people ,vere entitled to know just how many Executive ordel'S Ma sachusetts in November next, while the Senator from New had been issued by the President since last March settino- aside Jersey received none. Nor could the Senator from New Jersey civil-service rule and the reasons for doing so. have explained how be failed to obtain one judge, while the Senator from New York [Mr. CALDER], who comes up for re- :Mr. MOSES. Mr. President-- election in the coming campaign, obtained three judges ; or how The PRESIDING OFFICER. Does the Senator from lis- the two Senators from Pennsylvania, who come up for reelec- sissippi further ~·ield to the Senator from New Hampshire? tion in the next campaign, obtained two judges while the Mr. HARRISO~. I will say to the Senator that I will finish Senator from New Jer ey received none; nor could he have much earlier if I am not interrupted, but I will be glad to yield explained how the distinguished chairman of t'he Committee to the Senator. on Post Offices and Post Roads, the enior s~nator from l\!ichi- Mr. l\IOSES. I thought the Senator intended to occupy tbe gan [l\fr. TowNSEND], who, a we understand, has a pretty extra hour which ha been afforded this mo'rning. brisk fight on his hands in Michigan, received one judge while Mr. HARRISOR -o; I want to get through at the Vi ry the Senator from New Jersey received none. To Ohio, where earliest possible moment. I will yield to the Senator, ho :vever. · a trong contest is on in an attempt to elect a Republican Sen- I am always gta-d to yield to him. ator, there has been given one judge. Minnesota, where the dis- 1\!r. MOSES. I merely wish to point out to· the Senator some tinguished junior Senator from that State [l\fr. KELLOGG] has a thing which he Yery well knows, but which he has omitted to hard fight on his hands, is to be given a judge; o certainly the state, that the American people in due eason, when the r port Senator from New Jersey would never be able to explain the <>f the Civil Service Commi sion is i ued, will have all this matter in his campaign if he also had not secured the appoint- information, and I doubt very much if the1·e is any outcry from ment of a judge. Then, as to 1\Ii souri, where there is a con- the country for immediate illumination on the subjec-t. test coming off, the Republicans are to be assisted by the crea- Mr. HARRISON. The Senator ad\anced that argument tbe tion of one judgeship. Over in Montana. there is also another other da~· and exhibited a report from the Civil Serviee Com senatorial contest this year, and an additional judge is to be mission whieh did not contain an the reasons for the issuance provided for that State under the pending bill. Out in Cali- of the Executive orders, and only covered the period up to fonlia, where a Senator is to be elected this fall, the Republi- September of last year. It will be a long while before the next cans will be aided to the extent of having an additional judge report of the Civil Service Commi siDn is issue{l, and when it appointed there. is issued it will not contain all the reasons whieh I am seeking Mr. OVERMAN. There are two additional judges pro,ided to have furnish d to the Senate for the action of the Execu- for California. tive. 1\fr. HARRISON. lUy attention is called to the fact that in J 1\Ir. MOSES. It will c-ontain all of the available reason , l\Ir. the pending bill two judges are provided for California. President. 5142 CONGR.ESSIONAL R.ECORD-SENATE. APRIL 7,

Mr. HARRISON. Mr. President, I am led to believe that the his man Friday, his warmest and closest political ally and reason of the opposition of the other side of the aisle to the friend from New Hampshire, ex-Governor Bartlett, and recom resolution is that they are in this diabolical plot, this con mended him to the President as the most uitable man to spiracy, to do things under ~over and in secrecy and withhold serve as chairman of the Oivil Service Commis ion, the Pre i information from the American people, I am led to believe that dent, evidently knowing the view of the enator from New Executive orders have been issued by the President upo·n the Hampshire, and knowing how Bartlett could work, placed him request of certain Senators here; that the reasons for such in that high and responsible place. He served there ju t long action which were given to the President will not be trans enough to learn all the ropes touching the civil service laws mitted in the report of the Civil Service Commission to the Senate, and regulation . I have. no doubt that with his keen intellect for, if they should be, they would not be received very well by he was constantly studying the methods that might be em the constituents of Senators on the majority side. That rna~· ployed to evade the civil ervice law by those in the executive be the reason which prompts the suggestion of the distinguished departments; and o, being anxious to carry out the policies Senator from New Hampshire that the Civil Service Commis enunciated by the Senator from New Hampshlre as well a sion can give the reasons and make report better than can the those of the Senator from Indiana, Bartlett i taken off of the President of the United States. Civil Service Commission as its chairman and elect£>d among If certain Executive orders were i ued by tbe President in all the men in the United States to fill the office of Fir t As behalf of certain Senator , and reasons assigned to him, the sistant Postma ter GeneraL Civil Service Committee may not know anything about it, and 1\Ir. l\TEW. 1\fr. President-- their report would not contain it; and, regretful as I am even The PRESIDING OFFICER. Doe the Sen tor from Mi - to suggest that such an idea might enter my mind, the action, sissippi yield to the 'enator froiu Indiana? of Senators on the other side of the Chamber and the inten e Mr. HARRISON. I do. opposition of Republican Senator to thi resolution lead me Mr. NEW. I merely wish to observe that the Senator is doing to that conclusion. me an honor from which I do not ·brink but to which I am not A more reasonable request never was made to the United entitled. States Senate. You assisted in writing upon the statute books 1\Ir. HARRISON. Ye ; but the Senator knew what wa. going civil service laws. You have always said you believed in the on, and he 1."'llew the motive · that lay behlull taking Bartlett enforcement of and compliance with civil- ervice requirements. from the chairmam hip of the Civil ervice Commis ion anu In 3·our platform you enunciated that doctrine. To the Ameri placing him in office a Fir t Assistant Postmaster General-the can people you proclaimed that theory. Here is what your man who names an the postmasters fit\ t, econd. third and party aid in your last platform-the platform upon which fourth class, throughout the United States. President Hardi1;1g was elected : 1\Ir. NEW. 1\fr. Pre ident-- We renew our repeated declaration that the civil servic law shall The PRESIDING OFFICER. Doe the , enator· from l\fi ._ be thoroughly and honestly enforced and ext€'nded wherever J,?l'acticable. sis ippi further yield to the Senator from Indiana? The recent action of Congress in enacting a comprehen ive ctvil erTice l\1r. HARRISON. Yes; I yield. retirement law and in working out a comprehensive employment and wage policy that will guarantee equal and just treatment to the army 1\Ir. NEW. I will say that if all the other as ·ertions of the of Gov€'rnment workers and in centralizing the administration of the Senator from Mississippi are bas d upon as ~ lim a foundation new and progressive employment policy in the hands of the Civil as the one he has ju t made they are not entitled to a gt·eat SerTice Commission is worthy of all praise. deal of weight, becau"e, a a matter of fact the enator from l\Ir. STANLEY. Mr. President-- Indiana. did not even know that the transfer of Governor Bart The PRESIDING OFFICER. Doe~ the Senator from ~Iissi - lett from the Civil .. ervice Commi ·ion to the Fir t A ~is tant ·ippi yield to the Senator from Kentucky? Postmaster Generalsrup wa in contemplation until after it wa · l\Ir. H.A..RRISON. I do. . announced in the new · paper ~. l\Ir. STA1~LEY. The Senator overlooks the fact that that _Mr. HARRISON. !\Ir. President, of co ur •e when things are has been interpreted for us now by the ingenious poilsman done behind clo ed tloors, in ecrecy, and e\·erytWug that goes on from New Hampshire, who says that the Pre. ident meant that in the executive department· is withheld ft·orn the public we he would only enforce, and his party i onl~' committed to can only assume one' 'position from circumstance : but I am enforce, the civil service faw when practicable; and it i never glad to accept the plea.offered by tlle <.listingui~hed Senator from practicable, ays the distinguished uuthorit~· from Indiana, to Indiana. ' put a Democrat in, or keep him in, if you can find a Repub Mr. President, I have not heretofore di..;cu ed the order i ued lican to fill 1he job. turning out 28, I believe, employees from the Bureau of Engrav Mr. RARHISON. Ye. ing and Printing. I haYe not aid anything becau e I believed, Mr. STANLEY. So, according to the interpretation of the or I wanted to believe, that the Pre ident would offer orne ex two Senators, this Civil Service Commi~ ion is very "imple. cuse, whether flimsy or not, for that unprecedented action. If that is the cnse, we have a wolf in sheep's clothing. The Mr. STAl'iLEY. 1\lr. President-- sheep's clothing is mangy, and the wolf i"' sticking out before The PRESIDING OFFICER. Does the ....:enator from :\li.: ·is and behind. I want to smoke out the President on that propo sippi yield to the Senator from Kentucky? sition. I hope he will say whether he approves of this inter 1\lr. HARRISON. I yield. pretation of his party's platform. 1\Ir. STANLEY. I do not like e,·en to question the motive Mr. HARRISON. Mr. President, right along those lines the of the dramatic and forceful utterances of the enator ft·om Senator fTom Kentucky sugge t the position of the enator Mississippi; but i ~ the 'enator from l\fi is ipp.i candid and sin from New Hampshire. There i no Senator here who is closer cere when he expre··se surprise at the conduct of the President to the President than i the enior Senator from New Hamp in throwing the benevolent robes of his high office about the shire [l\Ir. l\1osEs]. He was one of the most active workers in poilsman and the boss. or lending hi great influence to the the last campaign. He was placed upon the Po t Offices and operation of practical politics? Has the enator from 1\lissis- Post Roads Committee. He is one of the rno t influential mem ippi forgotten that the President is ·imply running true to bers of that committee. form? Has he fo rgotten that a good many year ago, when 1\Ir. STANLEY. And the enator must not overlook the Boss Cox and hi machine had become ·o disreputable that the Senator from Indiana [Mr. NEw] . The Senator from New present Chief Justice of the United States became nauseated, Hampshire ha no edge-! do not know what that mean --on even his gorge rose, and he denounced the method of Bo .. s the Senator from Indiana. He speaks over the radio telephone Cox, no le a personality than the President himself came in- · of the Government. The voice i. the voice of Jacob, but the stantly to the re cue of Boss Cox again t the attacks even of . hand is the hand of Esau. the present Chief Justice and the ex-President and he went to 1\lr. HARRISON. Yes, .Mr. President, the two closest friends Cincinnati and delivered a nauseating eulogy of the bo and of this administration have poken and said they were political of his kind, in which he aid that Cox wa entitled to t11e defer spoilsmen ; that lf it were within their po,Yer they would turn ence and devotion of all good Republican ; and for many years out all Democrats and place in office all Republicans. So I am thereafter he wa referred to as "Warren G. Harding, D. D.," asstuning that tho e are expre ·sions that emanated from the not '' uoctor of divinity," but "Deference and Devotion White House, and that they are but giving to the country the Harding "? I he ·urprised that the patron ·aint and especial views entertained at the other end of Pennsylvania AYenue~ defender and attorney in fact for Boss Cox ltould now seek l\lr. 1\IOSES rose. the spoilsmen of the Senate to do his bidding and preserve his l\Ir. HARRISON. I hope the Senator will allow me to pro party from impending disorganization and ruin? ceed. So clo e is the Senator from New Hampshire to the l\Ir. HARRISON. I think I bad better modify my statement 'Vhite Hous , and so anxious, perhap , was the President -to after this very real characterization of my friend from Ken carr~· out the views proclaimed by the Senator from New tucky; but I remembered the peeche ~ delivered by the distin Hamp...:hire, that when the Senator from N'ew Hampshire took guished President as a Senator, when he arrayed himself against CONGRESSIONAL RECORD-SENATE. 5143 ------~------.------·---- autocracy, and talked against encroachments of the Executi~e Mr. CARAWAY. That is not all there is to it. Here is what upou the legislative branch of the Govern'ment. I recall h1s the letter says- critici. ·ms of the former President for what he said was an The PRESIDING OFFICER. Does the Senator from Missis ine eusable usurpation of power. I believed him to be a tender sippi further yield? . hearted, mild-mannered gentleman, and that at least, while he 1\fr. HARRISON. I yield. might throw out some man from office in order to take care of 1\Ir. CARAWAY. The Senator yields to me, if the Chair will some of his political friends, he would not issue such a drastic just wait a moment. The letter •ays : order that would take from the service women whose records On March 30 a canvas was taken, by order of the War Department, in one case for 43 years-had been the best, a woman who in in our division of the number of clerks who claimed Indiana as their legal residence. This information was sent to the chief clerk of the two Years' -time could come under the provisions of the civil War Department. and, my name being one of others who are in one of ..;en·ice retirement law, a woman who from her compensation the divisions of the War Department, I received the inclosed communi was supporting two invalid sisters and an old, aged mother; cation this morning. This is evidently being done in other Government women who as a result of that act, when they are thrown out, departments, as a friend of mine received the same kind of a blank. never again can obtain a position in the Government service. The blank i ·, "Do rou live in Indiana and ure you willing to I diU not belieye that thi man whom I thought to be tender vote in the May primary?" hearted and fair could do such an act as that. - 1\fr. STANLEY. Mr. President-- ~Ir. CARAWAY. 1\:lr. President, will the Senator yield? The PRESIDING OFFICER. Does the Senator from Missis Tlle PRESIDING OFFICER. Does the Senator from Mis sippi yield to the Senator from Kentucky? ·i:-dppi yield to the Senator from Arkansas? Mr. HARRISON. I yield. Mr. HARRISO.~:'. I yield to the Senator. Mr. ST.A.l'ILEY. The Senator from Kentucky is perfectly l\lr. CARA,YAY. If I may inte~rupt the Senator a moment, frank in saying that his heart i touched with a sen e of regt·~t. the Senator from Indiana, of whom I am Yery · fond, was very I feel sorry for the Senator from New Haml)Shire [Mr. MosEs] angr~· with me the other day for having, as he said, taken parts and the Senator from Indiana [Mr. NEw]. of two days to discuss this order, and I notice that he was Mr. MOSES. Mr. President, may I beg both the Senator taking issue with the Senator from Mississippi a moment ago. from Kentucky and the Senator from Mississippi not to waste I have a letter here, if I may read two paragraphs, that any crocodile tears on me. may throw some light upon it. I shall not disclo e the name l\Ir. STANLEY. They will be wasted. of the lady. who comes from Indiana, becau e she is an em Mr. l\lOSES. If the Senator insists on .. pilling them, I can ployee of the War Department, and she will lose her place if not pre-rent it. I do; but the letter contain this statement: The PRESIDING OFFICER. '+he Senator from Missi sippi On March 30 a canvass was taken, by order of the War Department, has the floor. Senators will not interrupt without addressing in our division of the number of clerks who claimed Indiana as their the Chair. legal residence. Thi information was sent to the chief clerk of the War Department, and my name being one of others who are in one Mr. STANLEY. If the Senator will just wait a while, he of the divisions of the department, I received the inclosed commu will need the sympathy of all good people. "Put not thy trust nication this morning. This is evidently being done in other Gov in princes." ernment departments, as a friend of mine received the same kind of a blank. I hold no brief fpr the Civil Service Commi sion. I find Inclosed with that is a circular from the Indiana Republican no fault with an honest, coUI·ageous man who believes in his committee, lock box 345, Washington, D. C., and this blank: party. The great trouble with modern politics is that men are (Executive committee: Mr. Oliver P. M. Brown, chairman; Capt. J. R. not bound together in political or any other kind of organization Henry: Mr. John B. Newman; Hon. Stanton J. Peele; Dr. Harvey by a common aspiration. They are held togeth~r by the force of W. Wiley.] an identical appetite. INDIA ·.a. RllPUBLICA..lli' COMMITTEE OF THE I know that the utterance of the Senator from New Hamp DISTRICT OF COLUl\IBI.A, March 31, 19'2~. shire and the utterance.c;; of the Senator from Indiana are goin~ DEAR FRlE~D HooSIER: to -be used by this organization to convince the necessitous and Are you a Republican? ____ Or if you have not been a Repub- the hungry that the time bas come to turn the rascals out, and lican in the past, do you desire now to affiliate with that party? --- that is what is being done, and it is being done for the purpose· If vour answer to either question i "Yes," please answer the :fol low'ing questions and return promptly in the inclosed stamped and of finding places for Republicans. addressed envelope. It reply is not promptly received, the committee I am equally . c~rtain that when the long-haired men and the will assume that you are not interested in the Republican Party: short-haired women march on the other end of the a"\'enue, you Kame in full------r------V\a hington address------ are going to be repudiated and left out in the cold, a pair of Have you retained voting residence in Indiana? ---- If "Yes," distingui hed goats, political goats, capegoats, to take the bur in what congressional district? ------County? Voting den of your statements and def~nd them to your people, and the precinct? ------. InJiana P. 0. address------ President will still be, if he i · permitted to be, the somewhat Did you register _for 1920 election? ---- H "No," when was the discredited angel of civil service; and that I am determined last time you >oted? ------. . Are you going home to Yote at the May 2 pnmary? ---- Would shall not be done. He can turn them out ; he can wield the ax you like to vote at this primary by mail (any duly registered elector, all he pleases, but he is not going to wield the stiletto, and a if ab ·ent from the State, is entitled to vote in the primary by poisoned dagger at that. if I can help it-not on Democrats. mail) ? ____ If "Yes," do you want th.is-committee to assist you in obtatning " absent voter's ballot " without expense to you? ---- If Mr. MOSES. l\fr. Presid~nt-- your wife or other members of your family are entitled to vote, please The PRESIDING OFFICER (Mr. CURTIS in the chair). give name or names here ______Does the Senator from Mississippi yield to the Senator from The right to vote is the heritage of every American man or woman, and the exercise of that right is a requisite to good citizenship. New Hampshire? INDIAN A REPCBLICAN COMMITTEE, Mr. HARRISON. I yield. 0. P. M. BROWN, Chairman. Mr. l\IOSES. - Of c:om e, the Senator from Kentucky, as he The letter says that the departments are being combed to find said in his closing words, maintains all his activity; all his people who can vote in the coming May primary in Indiana. sympathy for Democrat , and being a partisan myself, I respect Mr. MOSES. May I say to the Senator that he did not read the partisanship in him. But, Mr. President, the Senator must an~·thing of that ·kind from the letter? not think that the Senator from Indiana and I are going out l\lr. CARAWAY. I did read it from the letter. If the Sena into the de ert to wander. because we are not. We think we tor from New Hampshire did not hear it, I am not responsible. are coming to our own, and when the Senator says that .we 1\Ir. l\IOSES. 1 did hear what the Senator read. He read are endea,oring to point out the faet that the dar L at hand from the letter a statement to the ·effect that they went through when the rascals should be turned out, I think that clay came the departments to find out who lived in Indiana. They said long ago. - nothing about combing it to find out who would vote at the Mr. STANLEY. l\Ir. President-- primaries. The PRESIDIKG OFFICER. Th~ Senator from ~lis issippi Mr. CARAWAY. If the Senator can not add two and two has the floor, and under the rule has no right to yield except for together; I shall not waste any time explaining to him. a question; but it i · for the Senator to decide what he wants l\Ir. MOSES. If the Senator will permit me, tb.at is the to do. manner in which this whole discussion has been earried on by 1\Ir. HARRISOX. I yield to the Senator from Kentucky. Senators on the other side. They make certain deductions. 1\Ir. STANLEY. I think it is the custom here to yield for an The Senator from Mississippi [Mr. IlARRisON] says he assumes ; interpolation. While the Senator from Arkansas [M:r. CARA in fact, there has been altogether too much assumption. The WAY] is reading letters, I have n little companion piece here I Senator from Kentucky [Mr. STANLEY] says, "I want to smoke think would go well with his. It is like the bass und the con th~ President out.',. That, l\Ir. President, is the animus of all tralto or the tenor in the ._ ame piece of music. This is written tllis discussion on the other side. They a ·sume, they deduce, ·on Hou e of Repre~ entatives stationery. headed "Assistant th~y want to harass the President. That is all there is to it. Director, Public Information, .National Republican Committee,'' 5144 CONGRESSION.A._L. RECORD-SENATE. ' APRIL 7, signed by Congressman CARL 'V. RIDDICK. This is a form lett~r, Senator from New Hampshire, that they were turning Democrat'S sent to a civil-service employee, to . a man who has been under out of the public service in order to put Republicans in. the cloak of the civil service for quite a time. It r~ads: · Mr. MOSES. Mr. President-- [ tationery used in this correspondence privately bought and paid for. Th-e PRESIDING OFFICER (Mr. LENROOT in the chair). Assistant Director Public Information, Republican National Com- . Does tile Senator from Mi"ssi sippi yield to the Senator from mittee, CARL W. Rmnr·CK, second district, Montana.] ~ew Hampshire? HOU Jl OF REPRESJiL!T!.TIVIlS, Mr. HARRISON. I yield. Washingto1~, D. a., March 29, 1..922. Mr. ------, Mr_. MOSES. If the Senator will turn to my remarks I think Washington, D. a. he Will find that I never assigned any such reason. I expre ed DEAR MR. ---: I have bee.n quite disappointed in not receiving a the hope that that might have been the ca. ·e. favorable reply f!om you in an wer to my recent letter, w1·itten you in b~half _of Republican Party l~der . I ~ave. been given an official posi· Mr. HARRISON. But the Senator aid "they have been bon With the Republican national orgamzatiqn and asked to '"'ive mucb fired and will stay fired," and that he indorsed the proposition. tim~ out. of a very ~usy life to the ~e.tail work necessary, to carry out a Mr. MOSES. That is a signing no reason. I a signed no r a nat10n-w1de educational and publlClty pro"'l'am arranged by party leaders and regarded by them as absolutely nece sary at this time. son for their being dismissed. I repeat that they are fired. I I know you are in full sympathy with this effort. I am expected to repeat that they will stay fired. r

mi N d employees. Of eour e., the motive .lllay be gi\en in time, 1\lr. UOSE . The Senator from lii sis ippi i. a member of and the motive may have been the reason assigned by the the reorganization commis ion, is he not 1 1922. CONGRESSIONAL RECORD-SENATE. 5145

Mi·. HARRISON. ·oh, yes. wee hours of the morning. employ~es whose records heretofore Mr. MO.'ES. What are tile powers of the President under stand without a blemish or a stain. So anxiou are vou to cover that act? up your diabolical acts that you allow the paper· to carry the Mr. HARRISON. The powers of the President under that intimation that . omethinpublicans were dismissed and ·Democrats placed in their there was going to be a reorganization of the bureaus in the stead.· The record i quite to the contrary. In the campaign of Government and a saving to the taxpayers, ha refused to call a 1916 both Mr. Hughes and 1\Ir. Wilson as candidate promised a meeting of tbe Joint Commi. sion on Reorganization. The Presi strict enforcement of the ciYil ·ervice law, and immediately aftet· dent had it in his power to send word to that commission and the 4th of 'l.\ofarch, 1917, following hi"' second inauguration, Mr. have his representative, Mr. Brown, call a meeting of the com Will on modified his Executive order, and from that day on the mis.:ion so that we could get to work and unravel these differ hight-st man on the eligible list in the matter of postmaster ence . That i what the President ha to do with the reOl·gan ·election was appointed to office. iza tion work. But, Mr. President, I have here a. letter from Mas..;achusetts, Tbat reminds me, Mr. President, that on ye tE.'rday the dis from a person who know what he is talking about, in which be tinguished Vice Pre •ident poke in Michigan. Here is what he makes this remarkable tatement: sait.l: Th~ Wil on order further provided that in every instance the person Commenting on a tour of n automobile plant- tandmg first a · the result of the examination should be appointed unless it was shown that he was not a resident of the postal district This is an article which appeared in the Wa ~ hington Post of fiom which the examination was given. From .April, 1917- . thi · morning under a Detroit headline- Commenting on a tour of an automobile plant here. in his "peech the Listen to this, you who have made contrary statements, and Vice President said he had marveled at the organization and efficiency those who believe in the fair enforcement of the civil service shown, and he continued: "We are trying at Washington to get the law- same organization and efficiency into the Federal Government. We are reorganizing departments." From .April, 1917, to October, 1920, over 700 \acancies occurred. due to d~ath, res~gnation, ~r removal from the service, and in every instance Ye:; yon are reorO'anizing department , and the re.cord is, as Pres1dent Wilson appomted the top man on the li. t. I have stated, that thi · commission has been held lJaek by the In the Co:-;oussroYAL Rm roRD under date of March 1. 1921. a chart President from eYen having a meeting to con ider the question of appointments under the Wilson order bows that in 37 so-called of reorganization. Yet the Vice President of the United States, Northern, Western, and Midwestern States 840 appointees were of Re publican affiliation, as again~t 598 appointees of Democratic affiliation. ·peaking in far-away Michigan, tries to leave the impression by and that in the entire country 60 per cent of the appointees were of that ...;peech that you arE.' reoro·anizing ·om~thing down here and Republican affiliation. • trying to effE'ct efficiency in the working of the departments. And yet the Senator from New Hampshire and tho ·e who He further ·aid : stand with him a political spoilsmen would have the country We are reorganizing departmPnts, trying to bring mot· of the effi ciency of private enterpri e into the Nation' busines ·. We are making believe that the la~t adminL'tration pursued uch tactics as are progre s. now· being employed by the pre~ent r~gime . Why, ir , 1\lr. He prai.·es "the efficiency" of the utomobile plant in Dett·oit. Phillips, a Republican from l\Ia achusetts, a most efficient and I pre ·ume he was talking-although it is not mentioned-about courteou gentleman, wa made and retained as Assistant Secre Ford' · plant up there. About the only difference between Iford' tary of State. In the War Department, throughout the war ana plant and the work of thi administration touching efficiency is for the most part durin()' 1\Ir. Wilson' administration, there that Ford's plant turns out one automobile every minute. I be were three Republican · erYing as As istant Secretaries, and lie\e, and you are trying to turn out one Democrat every econd. so it was throughout the depnrtments, efficiency was ought and All, Mr. PresidE.>nt, when will you cea,_e this hypocritical policy little politics con idered. that you are pursuing? You came into power upon it and you l\lr. ~lOSES. Mr. Pre~ident-- are going to ride to a fall on it. The PRESIDING OFFICER. Does the Senator ft'om Missis · There is hypocri y in your every act. Every piece of legisla ·ippi yield to the ...: enator from New Hampshire? tion you haYe pa, ..;ed ha ,_cintillatecl with it. You go before the 1\lr. HARRISON. Yes; I yield. country and you proclaim what you have done, and if tho ·e Mr. MOSES. The fact i , Mr. President. that l\lr. Wilson· goou people would analyze it they would know that what you order was not i · ned until he had filled the post offices with his have done has been sugar-coated; that it is merely a patchwork partisans. It is true that the order iSl ued after he was re of fal ·e preten ·e. elected provided that the highest man hould alway be ap Your packer legislation was full of hypocri ·y. I was on the pointed, but the figures just read by the Senator from 1\Ii..sis committee that drafted that bill in the la..,t Congr·es . and I re sippi, showing some 00 Republicans forced to be appointed call how Senator on the other ide of tile aisle fought it, and because they were thE> highe~ t. a against some 500 Democrats. durinO' thi; Congre ..., the packer· wrote the bill and you let it merely indicate. that the Republicans were a great deal more pas . and it wa · . igned. anu yet you proclaim it to the American intE'lligent than the Democrat and came out at the head of the people as a great piece of legi. ·lation. Hypocri y i written in li t after examination. it every line. 1\lr. HA.RRIS01·. Oh. yer.;: the Senator from New Hamp ·hire Mr. i\10SES. 1\Ir. President-- thinks that all "Virtue i. · lodged in the Republican Party; but, Mr. HARRISON. I yield to the 'enatot· fmm New Hamp- at any rate, the la t adminLtration followed and obeyed the shire. · law. Mr. l\IOSES. I merely wi ·h the Senator once m re to acquit 1\Ir. MOSES. But, Mr. President, if I rna~· add. the classic me. I voted against that bill. ca e i the case of the postmaster at Boston, where a vacancy Mr. HARRISO. T. The ...:E.'nator wu for once consistent. occurred, I think, by death. An examination was ordered Your Republican spellbinder proclaimed to tlte country that under the President'..:· executive direction; a Republican was you pa ·eu the grain exchange bill re training gambling upon about 4: miles out in front of all the proces ion of Democratic the grain exchange ·. Every ·uggestion that wa made by the candidates. and yet for more than a year tbe Democratic Post grain exchange was embodied in that piece of legislation or Office Department, urged thereto by Democratic Congressmen you never would have voted for it. from :Jlassaelmset t:·~ preYented the appointment of the s-uccess The War Finance Corporation amendment wa forced upon ful Republican conte tunt in the examination. you and you acc'(>pteu it reluctantly and unwillingly. We tried ~fr. BARR ISO ... r. Mr. President. that i · a case which dis to amend it o that it would really give ·ome relief. but you proves the stateme-nt of the Senator from New Hampshire, prevented us from doing it. for at Boston the la. t administration named a Republican as - Every act of your that you proclaimed n ~ an achievement of po tmaster, and the ...: enator from New Hampshire knows it. the admini tration is a ham and pretense. That i what yon The name of that appointee came to the Senate for confirma are trying to practice with reference to the civil ·ervice laws tion, and he was confirmed. by insinuating that •omething is wrong in the departments ; that Mr. l\IOSES. But tlle nppointment wa. not sent here until it i for the good of the ·ervice; that you are trying to bring it had been inordinately held up by the department, when about efficiency, and yet you discharge employee who rendered everybody knew that l\lr. BnkE.'r wa~ miles ahead of any Demo er~ice during the dark d y of the war by working into the crati~ competitor. 5146 CONGRESSIONAL. RECORD-SENATE. APRIL 7;

Mr. HARRISON. I do not care about that. r ~an show the Mr. MOSES. Mr. President, possibly· I had better read it ill Senator instances galore where Democratic contestants were my own time, beca.usC> I find that the Senator from Mississippi 10 miles ahead of any Republican, and yet the Republicans got is getting a little thin-skinned about the practices of his party. the office. I can show the Senator by letters which I have here I do not wish to interrupt him further. where ex-service men, who fought for their countr:Y, traveled Mr. HARRISON. I did not think the Senator from New miles and miles ahead of Republicans in the examination,_and Hampshire· really wanted to read the communication. yet Republican pie hunters got the jobs. Mr. President, this morning I received a letter from an ex· Mr. MOSES. Does the Senat-or mean under President Har service man who made the highest grade in an examination; ding's order? but he says that he and other candidates were discarded and The PRESIDING OFFICER. Senators must not interrupt that a man who did not take the examination but happened to the Senator who has tl'ie floor without first getting permission. be a Republican was. appQinted postmaster at that place. He Does the Senator from Mississippi yield to the Senator from was. inquhing why, and in passing he says: New Hampshire? . r hope you will pardon my saying that if justice were done us in Mr. MOSES. I should like to carry on a colloquy, but if I the matt-er of helping us help ourselves there would not be such a cry must say " l\lr. President," and get the floor by the· Senator for the bonus. yielding every time I ask a question, I do not wish to do it. There is a great deal of truth in that statement. I could The PRESIDING OFFICER. Under the rules a colloquy read Jl!a.ny other letters, if I cared to take up the time of the between Senators may not be carried on without first obtain Senate, which reveal a similar state of facts. ing the permission of the Senator who has the floor to be 1\lr. President, I have here a letter all of which I will not interrupted. read, but among otl).er things the writer says: Mr. HARRISON. I am glad to have tbe Senator from New I am a Republican, but I am appealing to you as a Democrat be- Hampshire interrupt me. cau e our good Republicans do not have the courage- Mr. MOSES. If the Senator from Mississippi is referring to And so forth. appointments which were. made under President Harding's order, Mr. MOSES. The courage to do what? that order does not provide that the high man shall be ap Mr. HARRISON. Well, ·1 will read further~ pointed; but Mr. Wilson's order did so provide. Do not have the courage or inclination to interfere that justice mar obtain. Perhaps, also, because they do not care tQ embarra s the l\11:. HARRISON. Of course, the Republicans have modified administration. . t11eir order; but they have not even lived 11p to the modification of their order; and when somebody gets in their way they go This latter comes from a State which is represented by two to the P1·esident and ask him to issue an Executive order, and Republican Senators. I have other letters here from Repub even statutory po itions. are abolished. licans who denounce the administration because of its policy Ur. l\!OSES. I have never asked· the President to issue an touching civil-service enforcement. Executive order for anything. l\lr. President, on yesterday the News. published in 'this city, Mr. HARRISON. Then. the Senator from New Hampshire is contained an editorial in which they analyzed the situation and forth the reasons behind the action which has been taken by. an exception. set Mr. .MOSES. I have sat, as a moot court, for the last week the administration and the consequences of that action. I • hearing every day piffling, childish protests made against the desire to read a portion of that editorial. It reads: appointment of Republican postmasters in Southern States Wh-o is lying down on the Government- some of them in the Senator's own State-but I wish to say that The editorial discusses the allegation that Federal employees I have not yet found any case where the Executive order has are lyin_g clown on the Government- heen disregarded. Who is lying down on the Government? Here is the answer and at the . arne time the comBlete explanatiQn. for President Harding's action : Mr. KING. Will the Senator from Mississippi yield to me? Things have been going ba.dly in the Republican organization-Na. Mr. HARRISON. I yield. tional, State, county, municipal. If you doubt it, ask John T. Adams, Mr. KING. 'Vith respect to the appointment or the post national chairman. He'll tell you~if he knows you well enough. He may even allow you to see the sta.cks of letters he bas received prov master at Bo ton, I' regret that the junior Senator from Massa ina it. chusetts [1\Ir. \VALSH] is not here, but I am somewhat fmniliar The e letter ring with one refrain- with that case. With all due respect to the able Senator from " We can't get· any action out of the 'boys' if there are no job::; to reward them with." New Hampshire [Mr. MosEs], I wish to deny the accuracy of That applies to the "boys" in the National, State, county, and his statement that the Republican candidate for that office was municipal organizations. miles ahead in the examination. Upon the contrary, I affirm The editorial continues: that a fair and impartial consid-eration of the evidence in the If you have no aceess to Chairman Adams, ask any Cabinet officer. case respecting the applicants and the candidates, a fair ap He'll tell you of the visits, the continuous, everlastin~ vi its he· receives praisement of t11eir records, would show that the Democrat was f1·om Senators. and Con~ssmen, singing the same s1mple tun,e. With uo pie in prospect, the ' boys " won't work. the more competent, the more efficient, and, measm·ed by every Yesterday there was an election in Kansas City. The Democrats fair standard, should have been appointed. The action of the won- civil-service examining board was not only indecent but it was By 12,000 majority- unfair; and1 I a sert it was dictated, more or less, by partisan A few days ago there wa an election in Tulsa, Okla. The Demo prejudices and by Republican partisan bias. · crat won. And an election in Hartford, Conn. The Democrats won. Mr. MOSES. Mr: President-- I might also add that there was an election in Rhode Island The PRESIDING OFFICER. Does the Senator from l\Iis and the Democrats won, and that there has been an election in si sippi yield' to the Senator from New Hampshire? 1\farion, Ohio, since the last election, and that a Republican Mr. HARRISON. I yield· to the Senator from New Hamp· mayor was turned out and a Democrat elected. slli1'e. The editorial continues : Mr. MOSES. The RECORD, however, shows exactly what I Why? We don't knQw. There might be a different reason in each have stated. city. But the reason given to Chairman Adams, -ro the Cabinet offi Mr. President, since the Senator from Utah [l\Ir. KING] has cers, and, above all, to President Harding, is the reason recHed above. The " boys " won't work. undertaken to speak about the Civil Service Commission in the Harding has been trying- to resist the pie pressure for many months. prior administration, let me can to the attention of the Senate That is to his credit. He has withdrawn his resistance now, and that l\1. is not to hi credit. and the country the fact that one Charles Galloway, a Demo Because the boys are hungJ.'y for pie, a good many Washington fam crat ::fu'om South Carolina, resigned from the Civil Service Com ilies of old and faithful Government employees are likely soon to go mi"'sion under President Wilson, and in resigning gave out this hungry fQ1• actual food. In addition, if they are allowed to get away with it, the men whe statement-- are bringing this about propose that these faithful employees shall Yr. HARRISON. 1\Ir. President, I do not yield for that. carry with them from the service a stigma that is unfair and false--& The PRESIDING OFFICER. The Senator from Mississippi charge of having laid down on their jobs. declines to yield further. The Senator from Mississippi will We prote t this cowardly procedure. proceed. And yet some one says the aation of the administration has 1\.lr. HA.R.RISON. I do not care anything about the state been taken in the interest of efficient'Y. 0, efficiency, how many ment that Mr. Galloway issued; it has nothing to do with this crimes are committed in thy name! particular matter. I have here a letter which I received this Mr. President, why did not the PTesident, ii something was morning from an ex-service man-- wrong in the Bureau of Printing and Engraving, remove the 1\Ir. MOSES. Very well. director or demote him and put a new man in that position, one Mr. HARRISON. However, if the Senator from New Hamp who, in his opinion, would carry out his policies, and make such shire desire. to read the communication to wbicb be has re <'.hange ~ as were nece sary in other places, by demotion if need fer-red, and think it will 1·elieve his excitement, I will yield be? That is what was done in the Government Printing Office. and let him read the communication. A new man was selected for Public Printer, a pos-ition that is ·-

.i1922. CONGRESSIONAL .:RECORD-SENA.TE. . 5147 not in the civil set·vice. ·Mr. Garter was ·.nominated :and ·con- .from Ne.w .(Hampshire ·[Mr. l\fosEs] interpolates, worthy .of a :fim:ned and :assumed the position. Immediately in ,every ~one of ·better cause. But the :probability, the prospect, of that has the branches of the Printing Qffice he demoted Democrats :and ,occasioned great consternation. It started with ·a wail like that promoted -Republicans. He :did not ;w Let us not defy it W can not e,...pect sham .of the merit system. Hermon W. Craven, the Republican memb:er, comp Y WI "" • '.u: • e · .,.. and I, a Democrat, were ousted ·from the commission because we :were the .humblest citizen back in llis home to respect the la.w if }le not willing that the commission should be a ·mere adjunct :of the ·post reads in the papers .of the.Presi,dent of' the .Unit-ed States defy- Office Degartment, and subservient .to it, especially -with reference to ing it every .m.inute of the .day and then l!e.ads of .men who bold the e::r;aminations for presidential .postmasters under the .Executive o11der tbe highest positio.ns ·in the gift ·Of the .people-namely, . Sena- or M;arch ·'3!, 1917· tors-indorsing tAat DoU~y and preventil)g . these resolutions .Mr. DIAL. Mr. President-.- from being adqpted . ~o that the facts can .not be made publl~. .Mr. MOSES. Let me finish reading this, :Please. Mr. NEW. Mr. P,r.estden,t, I would jnvjte attention to the A.very ·.recent e:I:ample of Mr ..: Bu.d.esQn's conduct is ·furnished by ·his 't · 1'> 30 F t' 11 h d b lf proposed amendment to this order, which n.ow _awaits the signature of f ac t th a t 1 lS no:v ....,. · or .Prac 1ca Y .an our an a a the President. The existing order provides ·that the eli"'ible with the the Senate has hstened to .a stump -speech. \.Ve ·were .assem- highest standing shall be nominated . . A large ·number of qominations bled this mor.niug .at 11 o'clock in .order that the Senate might hav:.e been h~d up, many of th~m far. .a lo.ng time, ~v.idently . ~ antici- 0'. • t ll'O' t 'd ti . t b'll f t. d t bli · patwn of this amendment, which will enable Mr. Burleson m many ~lYe lll e lcen cons1. er~ on . o a 1 o ra.n~cen en pu C case~ to deprive t~ose standing highest in these examinations of the Importance. It substantially Involves the rev.1S10n of the Fed- nomu:urtions to -wh1ch they are already entitled. Among the post offices eral judiciai:Y; and the -consideration of .that measure is put affected .by the amendment are those .of Boston, Mass., and Newark, N. J. aside .and an .hour .and a .b.alf .:given to the aimless, purposeless Thus, .Mr. ··P:resident, speaks Oha.rles Mills Galloway, Denw discourse to which we have listened for tbe last hour .and a crat, of South Carolina; and I commend him to the Senator half. f1·om Mississippi. Mr. President, I should say nothing in reply, and .not be .ADDI'lliONAL ·DISTRICT JUDGES. :r;nyself ~ilty of taking .u.P a moment of the Senate's timeJ but for a reference which w.as interpolated into the remanks of the' The Senate, as in Committee of the Whole, resumed the con· ·R. Senator fr(}m Mississippi· [Mr. HABRISON], to which I am :offer sideration of the .bill (H. 9103) for the appointment of addi· ing no objection; but a letter which was interpolated into those tiona! district judges for certain courts of the United States, to provide for annual conferences of certain judges of the United remarks by th~ Sen.ator from Ar.~ansas [Mr. CARAWAY] is so States courts, to authorize the designation, assignment, and directly personaLas to seem to call for a word .~f ,explanation from me. appointment of judges outside their districts, .and for other pur I take it ·for granted that the letter which was read, and poses. which I · hav.e not seen either in the original or by copy, is from Mr. POINDEXTER. Mr. President, strange as it may seem, an organization which is maintained here by Indiana residents I want .to speak :about the bill that .is pending before the Sen of Wa hington; that is, temporary residents, Re_publicans .all. ate·; and to that bill I offer an .amendment, to insert at the end of line 22, on page 10, the following ;words : I particularly invite attention to the names of the gentlemen who speak for :it-Dr. Harvey W. Wiley, Hon. Stanton J. For the western district of Washington, one. PeeUe, a . former Member of· Congress and a former judge .of So, :Mr. President, that that district, which· now has two one of the courts in the District here, and others whose names j,udges, :will be put in t}le same class with a .number of other are disclosed by the record, men ·and women of the ·highest districts, such, for instance, as the western district -of Pennsyl standing. At this --election, ali at every other election which has v.an.ia, the .northern district ,of Illinois, and .the southern distctct preceded it for a great ·many years, they have sent those let of California, which now have two and which by this bill will ter to Indiana people temporarily residing in Wa hington to each be given an additional ju.ctge, making three .in _all. Tbe aid them in casting their votes under what is known as th~ amo.unt of b.usiness which is transacted ·bY the United States absentee voters' law of the State of Indiana. I presume .that district court in the western district of Washington is larger · that is the purpose of this letter now. I hope it is. I ·admit, and·:much more vaded •than the ·business that is transacted in and gladly, that there seems to have been a •purpose on the pa·rt th~ three districts which I have named, which are provided for of many of the Indianians who are now here to ·cast their in .the bill. ballots for me in the Republican primary which -is to be held Not long ago I had an opportunity to talk -with the judges on the 2d day of May. l ~hope they .will carry that purpose into who held the present positions in this district, as well as with execution. There is nothing about it to 'Which I .object, but a number of attorneys practicing at the bar there; and from much that I very heartily and fervently commend. that dil'ect personal contact I got a much clearer and much more But, Mr. President, great indignation has been e:KJ)ressed in reliable view and information as to the condition of business in the progress of the remarks .that have been .made here. I think that district than cpuld be gotten from a series of statistics and that the neal basis ·Of it is discld'sed more by :what the :Senator tables that are prepared, many of which C(}ntain .a great many from Mississippi [Mr. HARRISON] said in the closing ·moments of erroneous statements and which are formulated upon a basis his address than in the text of the resolution which is the .basis which is not particularly illuminating, anyhow--:-such, for in for his remarks. stance, as the amount .of bu iness pend..i.n:g at the conclusion :of It appears that some Democrats ·are about to be dislodged., the year, rather than the amount of business that is cmnrn~nce.d about to be jarred loose from the jobs into :which they set their and disposed of during tbe ~· ·e ar. From this personal informa teeth, ·and to which they have been hanging .with a resolution tion which I .haYe, Mr. PI'esident, I know tbat there is .an ill;J. characteristic of a Democratic otliceh<>lder, ·and, as the Senator perative ·need for an additional judge in this ·district. 5148 CONGRESSIONAL RECORD-SENATE. APRIL 7,

Tlle district consists of two divisions-one of them in the He states that "We -·have strictlv enforced this rule." That southwe tern part of the State and one in the northwestern accounts for the fact that there is ·not such a showing as com part. Judge Cushman presides over the southern district, with pared with some of the districts as to the number of cases left his re:idence at Tacoma. Judge Neterer, the other district on the docket at the end of the year, because they are stricken judge, presides over the northern division of the district, with. from the docket when not prosecuted. Proceeding to read from his residence at Seattle. I want to call attention to the data Judge Cushman's letter, which I was quoting, be says: which they give me, the amount of business commenced-not The difference is not great except in the northern district of Cali the amount of business remaining on the docket at the conclu fornia and the eastern and southern districts of New York. sion of the year-the amount of work which is done in that dis That is, there is no perceptibly greater volume of bnsines~ in trict, and to the opinion of the bar association, contained in a any of the other districts which have three judges, except in letter addressed to my colleague [l\Ir. JoNES], as to the pressing the northern district of California and the eastern and southern need of an additional judge; also a statement from the Attor districts of New York, although three judges are provided for ney General of the United States that in his opinion there is a many of the other districts, and I call particular attention to . congestion of business there. the southern district of California, the northern district of I was informed by a number of lawyers that the stress of Illinois, and the western district of Pennsylvania, for all three the work in this court is so great, particularly in _Seattle, a of which an additional judge is provided· by the Senate amend large city, a city of more than 300,000 inhabitants, with very ment. varied business, that .Judge Neterer, who 1·esides in Seattle and Continuing his statement, he .said : presides over that division, not only works continuously, so far Comparing the business in the southern district of California, north as his physjcal limitations permit him, during the daytime, but ern district of Illinois, and western district of Pennsylvania, as shown that he works a great part of the night. I was informed that it by the reports of the Attorney General, with that of the western dis trict of Washington, excluding bankruptcy cases which, except for is his habit to arise at a very early hour in the morning, 4 revjew, do not require much of the court's attention, the estates being o'clock, or something like 'that, and work on his cases, in order administered by the creditors under the suspension· of the refet·ee, we to keep up with the pressure and necessities of his court. have the following: Total number of cases commt.nced in the southern disb·ict of Cali I got my information by asking the judges questions, because fornia and the western district of Washington during the years 1915 to they are rather modest about pressing their claims. Judge Cush 1920, inclusive. man informed me hat both he and his colleague in this court are I leave out the intervening years for the purpose of saving so overwhelmed with work that they are cut off practically from time and refer only to the ·year 1920, which is the last year all association with their fellows. They have no time for any covered by the report of the Attorney General which was used thing else, not even for going out in the evening on sodal occa by Judge Cushman in preparing this statement. sions. The lawyers tell me that under these conditions it is In the southern district of California for 1920 there were impossible for a proper, deliberate consideration to be given 726 cases commenced. In the '"estern district of Washington to the business to· which the important business pending in the there were 920 commenced. The percentage of volume of cases court is entitled. It is only from a very sincere and a very commenced in the western district of Washington over those profound conviction of the actual need of an additional judge commenced in the -southern district of California is 29 per cent. in this district, in the interest of the general economy which There were 29 per 'cent more cases commenced in the western ' would result· from a proper administration of justice in this district of 'Va hington that year, and I may say that a larger \important court, as well as in the interest ef the proper con excess than that runs through the other years covered by the -~~uct of b!lsiness itself, and the proper cons~deration of cases, period over the southern district of California. ' that I offer this amendment, and I hope it will be favorably con- He specifies in a separate statement admiralty cases, and sidered. calls attention to the fact that admiralty cases, by reason of the I want to· call attention to some figures given as to the amount nature of the procedure, require a great deal of the time of the of business transacted in this district as compared with that of judge. In the southern district of California, for which an· two or three other districts for which three judges· are pro- extra judge is provided in this bill, in the year 1920 there was vided. . a total of 96 admiralty cases. In the year 1920 in the western Mr. SHIELDS. 1\!r. President, I desire to ask the Senator district of "-:-ashington there was a total of 489 admiralty cases. for which district of Washington he is moving this amendment? So he proceeds : Mr. POINDEXTER. The western distri(:t of Washington. . The disparity of work under this head is much greater than under If the Senate will pardon me for doing so, I do not know of any the preceding tabulation, for the reason that admiralty causes require better way to show the conditions than to read a letter I receiYed the judge to find the facts and law and often to read a long record for such purpose. With a congested calendar, this must be done out of from Judge Cushman, one of the district judges now holding court, and at night. • office there. It is dated January 11, 1922. In it he said: The total numbet• of case commenced in the northern district of We feel that the public intere t requires that we state the conditions Illinois and the western district of · Washington for the years • • • in this district requiring another district judge. to the end that public 1920 were- business may be di posed of with reasonable dispatch, and the consid I will refer to only those for 1920. The northern district of eration which it demands. Both judges in this di trict have been exerting themselves . to their Illinois, 902 cases commenced; western district of 'Va"hington, utmost in endeavoring to discharge the business of this court. Long 920 case" commenced : hours are the rule rather than the exception. It is a physical and It would appear, from ordinary experience in court, that more work mPntal impossibility to continue under such a strain. Impairment of is required of a judge in the disposition of the cases in the latter than efficiency nece sarily must follow. in the former district, in view of the fact that but 19 admiralty ca es We have prepared a Rtatement of the business of this court during a1·e reported by the Attorney General during the three years in ques the years 1909 (when an additional judge was provided) and 1920, as tion in the northern district of -Illinois, as . compared with 2::!4, so hown by the reports of the Attorney General as well as the business shown, in the western district of Washington. · of certain districts in which, as we understand, provision has been made for three judges by the recent House bill. He turns to another district coYere

1922. CONGRESSIONAL RECORD-SENATE. 5149

That is in the northern division impetus and direction, in Seattle. A part of this business is as follow : transacted in San Francisco, but the greater part of it, the chief Admiralty, of which 95 are forfeiture cases for violating the headquarters of Alaskan business and of Alaska, are in Seattle, Vol~ead Act------229 and out of that arises an immense amount of business which Criminal cases ------626 must be transacted in the United States court in that district. Law and equity cases------~--- 243 :Bankruptcy cases ------244 There is one other circumstance to which I want to call atten Total, 1,342 cases, commenced in one division, the northern tion that distinguishes a comparatively new country, such as is divi ion of thi di trict, during the period from July 1, 1920, western Washington, from the eastern judicial districts which to December 31, 1921. have been referred to, and that is the fact that a great deal of In the southern division, the same district, in the same period the business there is tran acted by nonresidents, both iridividurd of tirue, the cases commenced were : and corpoTate, and consequently the Federal courts have juris diction on the ground. of diverse citizenship of litigation in Admiralty cases------14 which their business is involved. Being ,able to go into the ~~~~~u~~eca~=~~~~~~~~~~~~~~~~~:~~~~~~~~~~~:=~=====:::::::: ?~~ Federal courts, it is perfectly natural that they ask that tribunal Law------~------110 instead of the local State courts, especially where they have BankruptCY------~------154 Equity ------47 litigation with residents of that State. That is an incident and circumstance which tends to increase to a greater degree than is Total------641 the case in the normal district Federal litigation in the western 1\Iaking a grand total for both divisions of the entire district district Of Washington. of 1,9 3 ca es commenced in this district during the 18 months Mr. President, I wish to conclude, by reference, to confirm preceding the 1st of January last past. what I have said, to a statement from the Seattle Bar Associa In addition to that, I call the attention of the Senate and of tion. I do not think there is a more intelligent, more honorable, the Senator having the bill in charge, who I know wants to more reliable bar anywhere in the world than the bar of Seattle. be entirely liberal and just in this matter, to the fact that there It is a great city, great in its present wealth and population and were other cases not included in this list which were com still greater in its potentialities, and there have gathered a menced at Bellingham, where four terms of court a year are very high class bar. They have the public interest at heart. held, in the northern division of the district, which are not They look upon these questions from the standpoint of the wel included in the list of ca es commenced at Seattle and at Ta fare of the public and of the Nation, rather than from any sel- coma just given. The judge states : 1ish interest of their profession or from any political advantage The Bellingham cases are not included. -The business there only of the State or district or of any political party. takes from two to four weeks during the year, four sessions being held. I may say, if I may refer for a moment to suggestions which It i apparent from the existing business-emphasized by the need tablisheu in 1909 for an additional judge in this district, and the ha~e been made on -the political aspects of these matters, that I adjudicated need in districts already provided for by the bill which regret to see that injected into a discussion in the Senate. I passed the House, as compared with the conditions in western Wash like to hear these matters dfscussed on the stump, but I do not ington-that _the present judges can not dispose Of the judicial busi ness of this district. think this is the proper tribunal in which to bang out the dirty linen of political controversies. In my opinion there is no Now, that i not mere empty language. As I said, on a re political advantage in getting an additional judge. Personally, cent visit to Seattle accidently I met Judge Cushman and asked in so far as any responsibility devolving upon me in part from him about this condition, and I know from that talk with him the creation of an additional judge, I would seek to avoid it, that he means literally what he said in tbis letter, that the because I can not imagine any greater embarrassment, particu bu iness simply can not go on as jt is now with only two judges. larly in the midst of a political campaign, than to have to select H said further : - one among- a number of candidates, all of whom are fit and The litigation in the western district of Washington is not only of qualified and each one of whom has a strong body of adherents, g~eat magnitude, but is important by reason of the fact that this dis trict is the termini of practically all the great transcontinental rail and be compelled to recommend one for a position which can roads. only be held by one. I v.;as going to call attention to that. Every transcontinental That is the way the Seattle Bar Association looks upon the railroad in the United States and in Canada has a terminus in matter, and I think that their . opinion and their statement, Seattle, from the Canadian Pacific to the Southern Pacific. The knowing them as I do and vouching for them as I can to the Great Northern, the Northern Pacific, the Chicago, Milwaukee & Senate, is entitled to credence and consideration. In a letter St. Paul, the Union Pacific and its affiliated road, the Southern addressed to my colleague, dated 'December 31, 1921-and I Pacific, and other roads, such as the North Western and the Bur shall read only brief extracts from it-the Bar Association of lington, which converge with the Northern Pacific, transmit Seattle said: their entire v.olume of Pacific coast business to Seattle as a _ The criminal cases resulting from violation of the national prohibi· tion and narcotic acts and customs laws has assumed burdensome pro terminus. In addition to that I might mention the fact that in portions. The trials of tbese cases take P-riority over civil litigation, this western district are the headquarters, the outfitting and and as a result the determination of civil litigation of the most im capitalization management, the home and residence of companies portant character, and involving large sums, is of necessity so delayed that the business concerns interested are crying out in righteous indig which conduct tile greatest fisheries in the world, which supply nation. The proximity of the territory in this district to Canada the world with canned salmon, a product which goes to every affords ready opportunity for the violation of the prohibition act, and country and every port. - the fact that vessels from all parts of tbe world are constantly enter ing this port clearly demonstrates the possibilities open for violation of Tbe greatest lumber business in the world is conducted there. the narcotic and customs laws. There is no other district in the United Out of the port of Grays Harbor, which is included in the south States similarly situated, as the congested condition of our Federal ern division of this district: ships laden with lumber go to court calendar conclusively demonstrates. every port where there is sufficient business and sufficient civi They might have added the amount of business in the Federal lization to use the high-class fir, cedar, spruce, and hemlock courts growing out of violations and attempted violations of the lumber of western Washington. immigration law. There ha been no section in the country where there has 1\Ir. FLETCHER. Mr. President-- been a more varied and more rapid growth than in the region of Mr. POINDEXTER. I yield to the Senator from Florida. Pucret Sound, which is the center of this western district. The Mr. FLETCHER. With reference to the situation in Wash great transcontinental railroads connect with the various ship ington, according to the table furnished by the committee, there lines which ply to the ports of the Orient, and the lines of trade appear to be pending in the eastern China, and Siberia. - have 1,336 cases pending, with the claim here for an additional In addition to that is the business that bas aeen incidental to judge in Wasbingtuo, I -can not quite understand. the development of Alaska, an empire in itself, which has poured There are no a

attention to the fact that, in my judgment, and it seems to me to Upon that statement, Mr. President, I ubmit the amend be perfectly obvious, the number of cases commenced in a court ment. during the year is a much more reliable test than the number The VICE PRESIDENT. The question is on agreelng to the o:t cases pending at the end of the year. amendment proposed by the Senator from Washington to the I called attention to the fact that these judges are working amendment of the committee. · night and day. In one of the letters it was stated that they l\Ir. WALSH of Montana obtained the floor. begin to hold court in the morning at 10 o'clock, and sometimes l\Ir. JONES of Washington. l\Ir. President-- at 9 o'clock, and bold court, except for a brief intermission The VICE PRESIDENT. Does the Senator from Montana for luncheon, until 5 o'clock in the afternoon; that they work yield to the Senator from Washington? at night upon the record in those cases in which they have Mr. WALSH of l\Iont:;t.na. Does the Senator from Wa hington to find the facts, and that applies to all the admiralty cases. I de ire to address himself to the amendment proposed by his also called attention to information that I have that one of colleague? the judges is I\Ot only working all evening at home, but gets 1\.fr. JONES of Washington. I should be glad to have about up · at• 4 o'clock in the morning, as he has his law library at two minutes. home, and works upon cases there before he opens court. l\Ir. WALSH of Montana. Then I yield to the Senator. That answers, I think, the question of the Senator from l\lr. JONES of Washington. I thank the Senator from Mon Florida; but I wish to say, in justice to myself or in pallia tana. tion of my vote on the Senator's amendment, that I was not .- able to be in the Senate during the discussion of the Florida Mr. President, I have not had the opportunity to be on the case and might not have been informed of conditions. Not fioor of the Senate very much of the time since the pending knowing anything about the case, except what I could ascertain bill bas been under discussion because of being required to be from the report of the committee, I followed the committee. in attendance upon committees of the Senate, and I am not Unfortunately, I was not advised otherwise, not having heard going to take very much of the time of the Senate now. I do the Senator's speech or seen the data presented in his case. not intend to repeat what my colleague [Mr. PoiNDEXTER] bas But I have compared conditions in western Washington in so well said. He has covered the condition in we tern Wash a way which seems to me to show conclusively to the advan ington very fully and very completely. I can only add my tage of that district, or rather to its di advantage, as to its statement confirming what he has said with reference to those need for an additional judge-its disadvantage in the sense that conditions. The situation there, a.s be has pointed out, is uch there is greater congestion, that there is greater stress upon the as to cause a great deal of litigation of a Federal character. court than in three other district which are provided for ·by the ·wa hington is a new State, and all sorts of Federal activities committee, namely, the northern district of Illinois, the western may be found there. Naturally they are reflected in the busi district of Penn!?ylvania, and the southern district of California. ness of the court. Mr. ~'ELSON. Mr. President, I wish to call the attention •lf I know the judges there personally, and I kn0w that they are the Senator from 'Vashington, inasmuch as he referred to the men of the most industrious character. They ·devote all of their · southern district of California, to the fact that Judge Cushman time-in fact, more of their time than they ought to devote spent 15 days down in that district. to the business of the court. 1\Ir. POINDEXTER. When was that? The correspondence which my colleague bas read points out 1\Ir. NELSON. This last year. The Senator from California very clearly and very fully the conditions ; and that correspond [l\I1:. SHORTRIDGE] made the statement that Judge Cushman ence comes from men who know what those conditions are. I spent 15 days in that district. know those judges would not call attention to the situation if 1\fr. POINDEXTER. 'Vhen I wa before the committee in they did not. feel that it was their duty to do so because of the this case the Senator from North Carolina [l\lr. OVERMAN] imperative needs of the public. Neither of them are men who • asked me how it was that Judge Cushman could hold court in are disposed to obtrude their opinions or their judgments in New York. I wrote to Judge Cushman about that, and be matters of thi ·kind; . in fact, I think they are really over advised me that be bad not held court in New York for two sensitive; and, as I have indicated; it was only the impelling years. It might have been two years ago that he held court in character of the situation which led them to write the letter Califo1·nia. from which my colleague has read. Mr. NELSON. The Senator from California is here. He I ha\e had occasion to examine the ituation in the different statoo in his remarks that Judge Cushman this last year had districts for \vhich judges are provided in the bill now pending, spent 15 days holding court in .the southern district of Cali and I am satisfied that upon the data presented and the data fornia. available in the report of the committee, in the report of the Mr. POINDEXTER. It . may have been an exchange. It Attorney General, and so on, the needs of the western district may be that one of the judges from California held court for of Washington appe..•u to be much greater than the needs of him and that he held court for that judge, or it may have been some of the districts which are provided for in the pending the pressure for his transfer was so great that he could not measure. When I say that, I do not mean to intimate that avaid it. But that noes not in any way change or depreciate many districts do not need an additional judge, but if we are the force of the figures which I ha\e given here as to the going to determine the action of Congre with reference to amount of business commenced respectively and comparatively providing additional j~dges by the data bowing the business in these several districts, nor as to the statement which I have transacted, as set forth in the reports of the Attorney General made, which I do not think can be successfully contradicted, and by the compiled statistics a to the busines of the various of the stress under which the judges are laboring in this Wash di tricts, then the showing made for the di trict of western ington district. Washington, it seems to me, is absolutely conclu ive as to the There are just one or two additional paragraphs which I necessity for an additional judge there. wish to read from the letter of the bar association: I wish simply to express my view as to the action which I The western judicial district of Washington is divided into two should like to have seen taken with reference to the pending divi~ions. · Judge Jeremiah Neterer presides over the northern division measure, and yet I hesitate to do so because I do not like to at Seattle and Judge Edward Cushman over the southern division at set up my judgment against the judgment of the Committee on Tacoma. Court is in session practically every day at both Seattle and Tacoma. Whenever Judge Cushman's engagements at Tacoma will the Judiciary. I know that that committee has looked into permit it, he" comes to Seattle and holds court. The sessions of the this question very fully and very carefully; I know they have court are from 10 o'clock a. m. to 5 o'clock p. m., with an inter taken a great deal of time to consider it, so I think we ought mission at noon. Frequently, however, both judges convene court at 9.30 a. m., shorten the noon intermission, and hold night sessions. to attach very great weight to their judgment and to their report; yet I can not get away froin the conclusion that what The concluding part of the letter is as follows: I hould really like to see with reference to this propo ed legis· It is a positive fact that both Judge Neterer and Judge Cushman are required to do more work than it is physically possible for them to do. lation is the enactment of a measure providing, possibly, for Neither of them will be able much longet· to stand up under the strain about 10 or 12 more judges, without ha-ving those judges as and stress under which they have for months past been laboring. It is signed to any particular judicial district in the United States. not fair to either of them that they should be expected to continue to I feel satisfied that the busines of the courts requires more work in the future as they have in the past.· But notwithstanding their ceaseless and untiring devotion to their work, litigation piles up faster judges, but when we attempt to a sign them by legi lation or than they are able to dispose of it. Important"' cases arising out of prov ~ de for additional judges for particular districts, then is legitimate transactions of trade, industry, and . commerce are com exemplified the difficulty of doing that, and doing it in what pelled to practically stand still because of the priority given to the trial of criminal cases. appears to be a just and equitable manner. I have no doubt This association respectfully but urgently demands that something that there are many districts-in fact, it appear from the re be done to relieve the conditions above described. We know of no port of the Attorney General that there are many districts-in solution except the appointment of an additional judge for this dis: trict. We believe the records of the Department of Justice will sub this ~ountry which are not provided for in this bill but which stantiate. every statement herein set forth. can make a stronger showing thap some of tlle districts which CONGRESSIONAL RECORD-SENATE. 5151

are provided for. That presents a rather embarrassing situa· could be disposed of without taking the time of a district judge, tion, one which we can not very well explain, and one that can I think it would be well to employ ucb means; but I have no not very well be justified. doubt that the committee gave that suggestion consideration ' 1\lr. NELSON. Mr. President, will the Senator allow me to and probably were not able to work out any scheme of that sort.. interrupt him? I had hoped that we could do something of that kind; but, 1\Ir. l\lr. JONES of 'Va ·hington. I yield to the Senator from President, if we are going to provide additional judges for the Minnesota. ·various districts covered by the bill, it seems to me, upon the 1\lr. NELSON. I wi h to state that in the eastern district showing present¢ by my colleague, as compared with many of Washington, where Judge Rudkin presides, the number of of the other districts of the country and as shown by the testi cases outside of draft cases-and there were hardly any of mony of the judges themselves, there can be no question as to them-and bankruptcy cases. pending on the 1st of June, 1921,· the need of an additional judge for the western district of the was only 108. As a matter of fact, Judge Rudkin spends mo~e State of Washington. of his time holding court in California, in both the northern l\.fr. NELSON. Mr. President, I simply want to say to the and southern districts of that State, than in his own district. Senator from Washington that I did not want to interrupt him, He has not sufficient work in his own district to occupy half but I have the bighe t regard for Judge Rudkin. I regard him of his time. I do not see why his services could not also ·be as one of the ablest district judges jn the country, and for that utilized in the we tern district of Wa.shington. reason I think western Washington ought to use him. 1\Ir. JONES of "Wa hington. There is no question that his Mr. WALSH of Montana. Mr. President, I am sure that services could be· utilized there, but I presume it is thought b'y every reflecting Member must subscribe to the very eloquent and the department that his sen·ices can be utilized to more ad pertinent remarks of the Senator from Iowa [Mr. CuMMINs] vantage in other districts. I do not think the conditions in the in his address in opening the debate upon this bill, in the nature eastern district are really involved. We -are not asking for of a reproach to the Government of the United States for not an additional judge there. The record shows that Ju:e of the dis necessity arose. trict courts, and. for that reason be has not been aYailable to sit in 'the district court in western Washington. Mr. President, I do not subscribe to the accusation that this 1\lr. JONES of ·washington. l\lr. President, just a few .words is a pork-barrel bill. I believe that the judges pro"7ided for by more. As I was sayinO', I . do not assume to put my judgment the bill as reported by the committee are needed in order that against that of the committee-and I am not speaking in a reasonable dispatch may occur in the disposition of the Federal critical manner, for very likely they have reached a better business. conclusion than the one I ha1'e in mind-but I had hoped that l\fr. POl\IERENE. l\1r. President-- we would have a bill here which would provide for a certain Mr. WA.LSH of l\lontana. I yield to the Senator. number of judges without a signing them to particular dis Mr. POl\lERl~NE. Is it not true that this need for additional tricts. Possibly it might be well to assign them to the different judges bas been very largely increased by reason of new Fed circuits of the Unite16. Repo-rted favorably in the Hou e January 17, 1917, but when taken up for action was objected to by Mr. busine , giving rise to controversies which find their way into MANN, and· stricken from the calendar. the Federal court on the one hand and Federal legislation en tering new fields upon the other hand. All of these causes have [Sixty-fourth Congress, second session, page 3632.] contributed to the growth of business, but we can not escape . S. 1809. Mr. Hughes, of New Jersey: To create an additional judge In New Jersey. Reported by Mr. FLETCHER February 8, 1916, and from the conclu ion either that this bill at the present time is passed the Senate February 9, 1916. Reported favorably February 26 entirely unjustifiable or else that Congress in the past has be~n m the House; passed and was approved by the President April 11, recreant in its duty in the matter of providing additional 1916. S. 2512 .. ~!r. G action taken thereon. shall refer. That was not by any means tlle ollly bill which S. 746. Mr. "\YI.LLIAM.s, of Mi s:issippi; Providing for the appoint passed the Senate, however. ment of an additional Judge in the northern-and southern districts of For instance,, a b-ill to provide an, additional judge in the Apssissippi. Reported by Mr. NELSON July 9, 1917. Passed the Senate Septeml)er 11, 1917. Referred to. the Co-mmittee on the Judiciary of State of Montana passed the S-enate of the United States three the House September 13, 1917. Repo1·ted favorably June 7, 1918, by times and went over to the House. Other bills passed the Sen Mr. CAR.~WAY. No further action taken. ate .in very considerable number and went over to the. House. 8. 1735. . Ur. FLE'l'CHK.R, of Florida: To create an additional judge I have taken very little part in the political discussions· which 111. the southern district ot Florida. Reported favorably February 4 1918, by Mr. FLETCHER, and passed the Senate February 6, 1918. Re: have arisen over tile dismissal of members of the force of civil ferred to the .House Committee on the Judiciary February 8, 1918. servants o£ th,e GD.vemment, but I feel entirely warranted in No further actwn taken thereon. commenting upon the introduction of politics. intQ the- creation S. 1836. fu. SHIELDS, of Tenne see: Providing for the appointment of an additional judge in the middle district of Tennessee. Reported of additional judgeslrips. · Half a dozen different bills for that to the Senate favorably May 29, 1917. Passed the Senate September Imrpose pas ed the Senate of the United States, went to. the 12, 1917. Referred to the Committee on the Judiciary of the House ether branch of Congress, and were turned down over there or September 13, 1917. On July 5, 1918, action blocked in the House by Mr. WALsH, of M-assachusetts, on obj~ction, and the bill was stricken allowed to die, without any bones being made of it; it was from the calendar. openly declared and expressed in the corridors and in the com S. 2654. Mr. Lewis, of Illinois : Providing for the appointment of mittees that Republican 1\fembers <:>Ver there did not intend to two additional jud~es for the dis-trict oi Illinois. Reported in the Sen allow any more Democratic judges to be appointed; so that ate :May 20, Hl18, by Mr. OvERMAN, and passed the Senate May 21, 1918. Referred to the House Committee on the Judiciary May 29, when the bill to which I have referred, to create an additional 1918. No further action taken thereon. ' judgeship for the State of Montana, having passed the Senate H. 2777. Mr. Hollis, of :'\ew Hampshire : Providing for the appoint twice, went to the House of Repre entatives it was, npon the ment of an additional circuit judge m the first New Hampshire district. Reported by Mr. FLETCHKU September 11. 1917. Passed the Senate on objection of 1\lr. MANN, of the State of illinois, stricken from the same day. RefciTed to the Committee on the Judiciary of the the calendar and defeated in the Sixty-third Congres . Hou e September 13, 1911. No further action taken thereon. So a bill · for the appointment of an additional judge for the S. 3217. Ml'. OnmMAN, of N(}rth Carolina: Providing for the ap· pointment of an additi(}nal judge for the western district of North State of Tennessee, having passed the Senate on several occa Carolina. sions went over there, and upon the objection of 1\Ir. WALSH of S. 3217. Conference reported favorably by Mr. Ov»RHAN February 1\Ias~chusetts it was stricken from the calendar, and its pas- 20, 1918. Passed the Senate May 16, 1918. Referred to the House Committee on the Judiciary May 29, 11H8. No action taken in the sage thus prevented. House. 1\Ir. President. I have cau ed to be prepared a list of the bills [Sixty-sixth Congress.] for the creation of additional judgeships which passed the Sen S. 202. Mr. WALSH, of Montana : Providing for an additional jud"'e ate and met their death in the House in the manner to which I in the district of Montana. RP.ported by Mr. WALSH 'June 11, 1919. have adverted. Passed the Senate June 30, 1919. Referred to the Committee on the For instance, in the Sixty-fourth Congress 1\Ir. Lea, of Ten- Judiciary of the House July 1, 1919. No action taken thereon. S. 282. Mr. ASH RS'l', of Arizona: Providing for an additional judge nessee, introduced a bill providing for the appointment of an for the district of Arizona. Reported by Mr. ASHURST June 30, 1919. additional judge for the middle and eastern. districts of Ten Passed· the Senate June 30, 1919. Referred to the House Judiciary ne see. It was reported by Mr. SHIELDS, and passed th.e Senate. Committee .Tuly 8; 1919. No action taken thereon. s. 661. Mr. SHIELDS, of Tennes ee : Providing for the appointment o1 January 29, 1917. It was referred to the House Committee on an additional judge for the middle judicial district of Tennessee. Re the Judiciary February '9, 1917, and no action taken by the ported favorably by Mr. SHIELDS June 23, 1919. Passed the Senate Honse. .Tune 30, 1919. - Referred to the House J'udiciary Committee July 1, Mr. WILLIAMS, of Mississippi, introduced a bill provising for 191~. No action taken in the House. 8. 1358. Mr. Phelan, of California: Providing for the appointment of the appointment of an additional judge for the northern and an additional judge for the northern district of California. Reported southern districts of Mississippi, which was reported by 1\Ir. favorably by Mr. OVERMAN June 30, 1919. Passed the Senate June 30, SHIELDS February 12, 191"(, and passed the Senate on the same 1919. Referred to the Uou e Judicia1·y Committee July 8, 1919. No date. It was reported in the House by 1\fr. CARAWAY February action taken in the Honse. [ ' ixty- eventh Congres ·.] 21, 1917, and no action taken in the House. Mr. President, without taking the time of the Senate to read S. 395. Ml'. AsHunsTT of Arizona: Providing for the appointment of an additional judge for the district ·of Arizona. Reported favorably this table, I ask leave to print in the RECORD as a part of my by Mr. AsHURST April 19, 1921. Passed the Senate May 2, 1921. remarks this table which I have prepared, showing in detail Reported favorably in the Efouse June 21, 1921. the proceedings had with reference to these various judge- S. 694. Mr. ELKINS, of West Virginia: Providing for the appointment of an additional district judge for the State of West Virginia. Re ship bills. · - ported favorably by Mr. En xs~: .April 29, 1921. Pas ed the Senate The PRESIDING OFFICER (1\lr. STERLING in the chair). April 30, 1921, and reported favorably in the House May 2, 1921, and Without objection~ it is so ordered. pas ed the House June 21, 1921. Apprond by the President June 27, 1921. The rna tter referred to is as follows : 8. 1254. Mr. TOWNSilND, of Michigan: Providing for the appointment BILLS l'ROYIDING FOR THE APPOI~TME~T OF ADDITIO~AL JUDGES. of an additional district judge for the eastern district or Michigan. [Sixty-fourth Congr·es .] REported favorably by Mr. NELSON May 3~ 1921. Pas ed the S nate S. 378. Mr. Lea, of Tennes ee: Providing for the appointment of an June 17, 1921. Reported favorably in the uouse June 23 1921. additional judge for the middle and eastern district of Tennessee. Re · S. 1288. :Mr. WADSWORTH, of New York; Provirling for the appoint ported by Mr. SHIELD and pa sed the Senate January 29, 1917. Re ment of an additional judge for the southern district of New York. ferred to the Hou, e Committee on the Judiciary February 9, 1917. No Reported IJy Mr. NELsox May 27. 1921. P asse

s. 1960. Mr. RHORTRIDGE. of California: Providing for the appoint- called from•the Chamber for a few minutes and I did not hear ment of an additional judge for the northern district of California. all that the Senator was reading. Reported favorably by 1\Ir. SHORTRIDGE July 20, 1921. Pas. ed the Sen- ate August 11, 1921. Refened to the Committee on the Judiciary of Mr. ·wALSH of Montana. I was referring to a memorandum the House August 12, 1921. prepared by the Assistant Attorney General, Ml'. Holland, for the l\lr. wALSH of Montana. Mr. President, I regret to say that information of his chief, the Attorney General, advising him this i not the only instance in which these judgeships have that if certain nominations for judgeships in the Territory of been made the football of politics. Hawaii were then made the matter would be helpful to the A few days ago we were called upon, in the Committee on the Republican candidate for Delegate. Judiciary, to act on the nominations of three judges for the Ter- Mr. KING. Does the Senator know whether Mr. Holland is ritory of Hawaii. There was submitted fo1~ 1:he consideration still Assistant Attorney General? of the committee in connection with these nominations a file, Mr. WALSH of Montana. No; I am unab1e to advise the including a memorandum prepared by the Assistant Attorney Senator. General, Mr. Ru h Holland, for the information and guidance Mr. KING. If he is, it seems to me that his action deserves of his principal, the Attorney General It bears date March 16, attention. Every lawyer as well as every thoughtful person 1922, and reads as follows: recognizes the importance of maintaining the highest possible M:rnwRANDUM: FOR THE ATTORNEY GENERAL. judicial standard. The judiciary should be above and outside Hon. Robert .~bingle, Republican national ~ommitteeman .for the Ter- of politics, and the selection · of judges, whether State or Fed ritory of Hawau, has .rec?mll!ended the appomtment of Em1l C. Pe_ters, eral should be made having in view only the ability the learn- of Honolulu, to be chief Justice of the Supreme Court of the Terntory . ' . . . < • ' of Hawaii, vice James L. Coke, term expired. He also recommends mg, the mtegnty, and the htgh moral character of those chosen. Antonio M. Perr~, of Honolulu,. to. be associate justice of the ~~preme It is particularly important that the Federal judges s}tould Court of ~~e Territory of Hawan, ':1ce Samuel B .. Kemp, term exp1red. , l)e men of the highest character and of experience and legal In addition to the recommendation of Mr. Shmgle-- · a-·•: t If th · 1 ti · t b 1 d t 'd ...... I t.W:u.nmen s. e1r se ec on IS o e emp ore o a1 any .Bear m mmd l\1r. Sh1~gle bemg the .~epubhcan natwnal com- political pa-:-ty~ that is, in my judgment, not only a grave wrong m1tteeman for the Terntory of Hawau- but an assault upon our Government. It is highly improper to the a~ove-named gentlemen are ~ec?mmended ~Y the Repu"f?lican central appoint judges because their selection mio-bt promote the in- committee and by the bar assoc1atwn of the ISlands. Th1s matter has . . . . . "' . . been carefully gone into, and both Mr. Perry and Mr. Peters appear to terest of any political party or atd m any particular elect,on. be eminently qu!l-Jifiecl f!Jr the positions for which they are r~co.m- In the selection of Federal judges the responsibility in the mended, ~nd th~Ir. selectwn meets th.e approval. of the larg~ ma.Jont~ first instance rests upon the Attorney General to make suitable p t of the bar association. and of the leadmg. Republicans of the 1slands. recommen d a t'tons t.o th e re&'d en t . Th'IS IS· a h eavy an d a mos Then follows thts paragraph · serious responsibility. The character of the judiciary is thus There is at present no Delegate from the islands. Prince Kalania- largely dependent upon the conduct of the Attorney General naole recently died ann the election of his successor has not yet taken place. It is believed that if these nominations are made now that such and those of his official family who are concerned in making action will materially aid the Republican candidate for Delegate. I recommendations. ',rhey can not afford to recommencf improper recommend that the appointments be made. men, nor can they afford to time their recommendatio'ns with Respectfully, HoLLAND, reference to any partisan election, or aid in the selection of ' Assistant Attorlley GeneraZ. individuals for judicial positions because of the benefits which That is to say, Mr. President, the judgeships in the Territory such selections may give to their ·political party. of Hawaii are being handled in order to promote the election I respectfully submit that the Assistant Attorney General of a Republican Delegate from that jurisdiction. committed a g1ievous mistake, to put it in the most charitable 1\fr: POINDEXTER. Mr. President-- light, when he advised that if certain nominations for judicial Mr. "\V ALSH of Montana. If the Senator will pardon me, it positions were made in Hawaii, such action would be helpful to appears that the judgment of the Attorney General was not at the Republican Party in the forthcoming election for a Terri fault, because in the recent election the Republican candidate torial Delegate. was elected, the result doubtless being contributed to by this Mr. NORRIS. l\fr. President-- fine stroke thus made in presenting these nominations at this The PRESIDING OFFICER. Does the Senator from 1\ion- critieal time. I now yield to the Senator from Washington. · tana yield to the Senator frow. Nebraska? Mr. POINDEXTER. It is my understanding that the Dele- Mr. WALSH of Montana. I yield. gate has been elected, Mr. Alexander Baldwin, of the island Mr. NORRIS. I should like to inquire whether the nomina- of Maui: tion was made before the election.· Mr. WALSH of Montana. I so understand. Mr. WALSH of Montana. The nomination was made before Mr. POINDEXTER. I understood the Senator to say that the election. the election had not taken place. Mr. NORRIS. In accordance with that recommendation the Mr. WALSH of Montana. That is what the letter says. It nomination was made? reads: Mr. WALSH of Montana. The nomination carne to the Com- It is believed that if these nominations are made now that such mittee on the Judiciary with this letter before the time when action will materially aid tbe Republican candidate for Delegate. the papers announced the result of the election in Hawaii. Mr. POINDEXTER. He has already been elected, I am in- I suggest to the Senator that, although it is obvious that formed. the Attorney General himself was apprised of the situation, it l\Ir. WALSH of Montana. He had not been elected at the does not appear at all of record. time this letter was written. If he had been, the Attorney Gen- Mr. NORRIS. Of course it does not appear on the face of the eral was misinformed, or perhaps delayed his recommendation record that the Attorney General personally saw that letter. a little too long. I should think the presumption would be, perhaps, that he did. 1\lr. POINDEXTER. I did not hear the first part of the let- Mr. WALSH of Montana. I agree with the Senator. ter.. Mr. NORRIS. But it is not a conclusive presumption. I do l\lr. WALSH of Montana. This was under date of March 16. not know what their system is. There may be some one in the The election took place a day or two ago, I understand. office under the Attorney General who pa ses on all these recom- Mr: POINDEXTER. I do not know the exact date, but 1 mendations, and the Attorney General does not do it himself. have seen the announcement of the election. I agree .with the Senator from Utah, however, that that kind Mr. WALSH of 1\Iontana. That is what I said, that the ap- of a proceeding should not take place at any time, under any pointments of these judges at that time in all probability con- party. While it may be that in this case they secured excellent tributed to the result. At least; 1Jle result followed. men-1 am saying nothing about that-and may in other easel• Mr. President, whenever Federal judgeships become the foot- secure such men, the system is w£ong. Everybody must admit ball of politics; and legislation for the creation of additional that, it seems to me, who wants to place the judiciary on the judgeships is either promoted or defeated upon· political con- high pedestal where it properly belongs. siderations, and appointments are made to these high and im- 1\lr. KING. I am very glad the Senator has expressed those portant positions as they will either contribute to or defeat the. views. I think they do credit to his sense of justice and to his hopes of political candidates, the day for the adoption of the splendid citizenship. policy advocated by the Senator from Nebraska [Mr. NoRRIS), l\lr. POINDEXTER. l\Ir. President, the Senator from Utah the abolition of all Federal judgeships, is at hand, as it should would not, I know, make any such strictures as be has just be at hand. made in regarcl to Assistant Attorney General Holland, and Mr. KING. l\fay I interrupt the Senator? would not propose any such drastic punishment upon him as Mr. WALSH of Montana. I yield. he has suggested, until the Assistant Attorney General had heen Mr. KING. 'Vas the Senator discussing a letter of some per- heard and given an opporhmity to state what connection he son in tbe Attorney General's office relative to judges? I was llad with this matter. In other words, it seems to me that to use ~·.•· i\

5154 '~ CONGRESSIONAL RECORD-SENATE. APRIL 7, such strong language against a man of the standing an.d char· delegation from the State of New .Jersey was not sufficiently, acter of Assistant Attorney General Holland, upon a mer_e in,1luential to get re.c<>e,onition for that State in the bill. when 1 artisan assertion, growing out of a political controversy, with it ca.me fr.om the Hou~, and more particularly because neither out any opportunity to hear what he has to say about it, is Senator from the State of New Jersey was sufficiently im doing him quite an injustice. pressed with the necessity for an additional judge for that 1\ir. KING. Will the Senator from -Montana further yield? State to induce him to go before the Committee on tbe Judiciary Mr. WALSH of Montana. I yield. and represent the condition in his State and a k for an amend 1\fr. KING. I think that if Mr. Holland-that, I understand, ,ment in that regard. So I feel that the bill is weighted down i the name given by the Senator from Montana~or if any to some extent by the amendment which was adopted by the other Assistant Attorney General recommends to his chief, the Senate for the appointment of an additional judge in the State of Attorney General-uPOn whom the responsibility rests for recom New Jersey. I dislike to rliffer with my friend, the senior mending to the President persons for judicial positions-and Senator from New Jersey, upon that matter, but I can not agree h,e assigns a$ the reason for prompt action in securing their that the amendment ought to have been adopted. appointment that it will be helpful to any political party in an Now, let me discuss briefty the situation .of my esteemed election soon to be held, he fails to appreciate his position and · friend, the senior Senator from Florida [l\Ir. FLETCHER]. It is the full significance of his ~ct. · admitted by the committee, and the committee recognized fully I can not believe that Mr. Holland realized how improper that there is an enormous amount of business in the southern his reeommendation or statement was. I do not want to believe district of the State of Florida, and if there were no other that the Attorney General's office is to be a political and partisan considerat~ons, the representation made by the Senator from mac)line shop. Florida would certainly entitle him to the high t consideration We are appropriating large sums to this department to enforce from the Senate in. connection with his amendment. But the the law and to the end that justice may be done in the land. fact about that matter is that they had a very objectionable The enforcement of the law is not a partisan matter. If the judge down in the northern district of Florida .some years ago Attorney General's office is to be run to aid the Republican and various acts of Congress were passed taking away a mul· Party in elections, it is important that the people lmow it; and titv.de of counties belong~ng to the northern district -of the if judges are to be selected because their elevation to high posi State of Florida and adding them to the southern district, so ti.on would aid the Republican Party in an election, that fact territorially, as well as in amount of business, the southern dis should be known to the peQple. trict of Florida greatly outranks the northern district, and the I llope tb.at this is a mere indiscretion and does .not indicate' amount of business to be transacted in the northern district is any pu).'flose upon tbe part of the Attorney General's office or inconsequential. any of its officials to prostitute their positions for partisan and The committee believed, as I believed, tb.at the judg.e of the political purposes. northern di trict of Florida being called to the assistance of Mr. JONE of New Mexico, Mr. PresideQt-- the judge in the southern district, Florida i amply taken care The PRESIDING OFFICER. Does the Senator from Mon of by the two judges. tana yield to the Senator from New Mexi.eo-? In the same way I dislike to differ with my esteemed friend Mr. WALSH of Montana. I yield. from the State of Washington [Mr. PoiNDEXTER], but I can not 1\ir. JONES of New Me~ico. I am inclined to believe that the .a cape the conviction suggested, as entertained by the cbair presUIPption which has been indulged in here that the Attorney nJun of the committee, the venerable Senator from Minnesota Ge.nem.l :SRW that letter may not be well grounded. While we [Mr. NELsoN], that in view of the fact that .Judge Rudkin will are in

Anti-Saloon League, finding some judge in some distr-iet to pe oust that. district judge :fiom his duties and from his office, and perhaps lenient toward those whQ offend against the prohibi that all the circuit judge says iu defense of himself, when prop tion laws, will be able to transfer a judge from a remote erly filed, is conclusive evidence that he stated the truth about section of the country who harbors different views upon that it and that it contains all the evidence necessary to support his su~ject anu thus displace the local judge in the administration order. of the law. Mr. WALSH of Montana. Mr. President, I do not like to get I find that that is perfectly fanciful. It does not seem ~o into anything in the nature of a controversy with my esteemed me to be possible at all. In the first place, a judge will not friend from Georgia [l\fr. WATSON], but, perhaps, a few words be permitted to leave his district unless the senior circuit may be necessary in order to make this matter clear to those judge of the circuit certifies that he may do so without detri who desire to have a clear idea of it. The Senator has invited ment to the business of his own district. He will not be attention to section 13 of the bill now befOTe us. Section 13 of called to serve in another circuit unless the circuit judge of the the bill before us provides for the assignment of judges to sit in circuit to which he goes asserts, over his official hand, that he a district other than their own within the circuit-" within the needs another judge in some particular district in his circuit circuit/' it will be borne in mind. and that he is unable to fill the need from any of the judges Let me call the attention of the Senator from Iowa [1\Ir. in his own circuit. Under those circumstances the Chief Justice CUMMINS] to the fact that there is a misprint in line 14, ou of the United States, having before him the certificate of the page 13, where the language should be "in another district of senior circuit judge of the circuit embracing the district desir the same circuit." ing another district judge and having likewise a certificate Mr. SHIELDS. An amendment has been made to correct from the circuit judge of the ci1·cuit in which resides the district that. judge to be transferred, the Chief Justice of the United States l\Ir. CUMMINS. The Senator from :Montana means that then makes the order that he shall go. the word should be " of " instead of " or " ? In order that anybody can control the situation, in the fu•st Mr. WALSH of Montana. Yes. place he must control the senior circuit judge of the circuit Mr. CUl\!MI~S. As stated by the Senator from Tenne see, from which the district judge goes, he must next control the that mistake has already been corrected by an amendment. senior eircuit judge of the circuit embracing the district to Mr. WALSH of l\fontana. Very well. Then section 13 reads: which the judge goes, and he must control the Chief Justice A district judge for a district may be designated to act in another of the Supreme Court of· the United States. district of the same circuit (including territory attached thereto)- Mr. POMERENE. Mr. President-- " Of the same circuit," the Senator from Georgia will under The PRESIDING OFFICER (Mr. No:&ms in the chair). stand. Does the Senator from Montana yield to the Senator from Mr. WATSON of Georgia. Yes. Ohio? Mr. WALSH of Montana. Then follow subdivisions (a) and Mr. \VALSH of Montana. I yield .. (b). The Senator from Georgia has called attention to sub- Mr. POMERENE. If I may make a suggestion, under the division (c), which reads: · bill as I construe it, assuming that a new judge was needed in (c) In aid of a district judge when the public interests so requiTe. a given district, they can only make application, or application (2) Such designation shall be made by the senior circuit judge when could be made for a judge, but they would not designate the ever he is satisfied that condition (a), (b), or (c) exists and that the particular judge, and I dare say neither the circuit judge nor the designation can be carried out without such pl'ejudice to the regular Ch:ief Justice of the United States would send a particular work of the designated judge as to make it inadvisable. judge if one were asked for. In the first place, there is no power in anyone to displace a Mr. WALSH of Montana. As to that I do not know, but the judge; he continues in his work without any interruption what operation would be about this way. We will a ·sume that in the ever ; another judge is sent to his district, and the two judges northern district of Ohio there is an accumulation of work and endeavor to dispatch the business of the district. an additional district judge i needed'. We will assume, and we The Senator from Georgia will bear with me if I call his at must assume, that no other district judge can be found in the tentien to the fact that that is substantially the law as it now sixth circuit, and the senior cireuit judge of the sixth circuit is, as he will find by referring to section:s 13, 14, 15, 16, and 17 certifies to tlie Chief Justice of the United States that another of the code of civil procedure. judge is needed for the dispa teh of business in. the northern Mr. NELSON. I will call the Senator's attention to the last district of Ohio and that he has in his circuit no judge whom part of section 14 of the Judicial Code. . he can send there. He certifies thus. to the Chief Justice of the Mr. WALSH of Montana. Yes. The last part of section 14 of United States. the Judicial Code provides: One of the judges, we will say, in the State of Montana. is not Each of the said district judges may, in case of such appointment, hold separately at the same time a district court in such district, and overwhelmed with work, and the Chief Justice thinks that he discharge all the judicial duties of the district judge therein. would be an available man to send to Ohio. Then a certificate So that one judge does not displace th.a other at all in the must be secured from the senior circuit judge of· the ninth transaction ef business. Of course, when a judge is sent to judicial circuit to the effect that this district judge in the State another district by the authority provided by the law, whether a of Montana can leave the State without detriment to the public certificate is required or is not required', an questjon as to business, and thereupon the Chief Ju tice may direct him to go whether the conditions required by the statute to exist do in to the State of Ohio. In other words, we have to have that fact exist is, as a matter of course, foreclosed. No one can combination some way or other of these three eminent judges inquire into that. before .the conspiracy can be accomplished. Section 15 of the bill provides for the designation of a district Mr.. WATSON of Georgia. Mr. Pr.esident-- judge to sit in another circuit. I ask the attention of the Sena Mr. WALSH of Montana. I yield to the Senator from Geor tor from Georgia to that. The section reads: gia. SEc. 15. {1) A district judge of a district (called herein the home l\Ir. WATSON of Georgia. I call th.e attentiQn of the Sen- district) may be designated to act in any district of another circuit or ator from Montana to line 22, page 13, subdiYision (c) : its attached territory (called herein the aided. diatrict) in place of or In aid of a district judge when the public interests so tequire. in aid of a judge thereof, in case-- (a) The senior circuit judge of the aided district shall certify to the Then, in slib ection 2 of secti.on 14, \Ve find that- Chief Justice of the United States that the public interests require the Such designation may be made by the senior circuit judge (who may designation of an additional judge nr judges in sueh district and that designate himself) whenever be is satisfied that the occasion therefor it is impracticable to supply the need from amung the judges of his exists and that the public interests so require. circuit ; and (b) The senior circujt judge of the circuit of the home district shall Subsection 3 of section 15, on page 15, indudes the District certify to the Chief Justice of the United States that neither the busi of Columbia in this system. ness <>f that district nor of other districts in that circuit will suffer by Then, beginning at line 12, on page 15, we find section 16 the proposed designation. (2) Such designation may be made by the Chief Justice, if, in his providing a follQWS : judgment, the public interests so require. (1) The designation provided for by sections 13, 14, and 15- The Senator from Georgia also read section 16, which is as Those are the ections I have already mentioned- follows: shall be in writing, signed by the judge or justice designating, and shall specify the disttict aided, the judge designated, and the period of SEc. 16. (1) The designation provided for by sections 13, 14, and service. 15 shall be in writing, signed by the judge or justice designating, and (2) It shall be filed in the clerk's office and entered in the minutes of shall specify the district aided, the judge designated, and the period of the district court of the aided district; and when so filed and entered service. shall be conclusive evidence of all the facts necessary to support it. And that, the bill very properly provides, shall be conclusive; I call the Senator'· attention to the fact that a circuit judge, and it would be conclusive if the bill did not so provide, because, dissatisfied with the manner in which a district judge· is con in the event of a judge coming from one district to sit in an ducting the busjness, may arbitrarily go into that district and other district and actuall~ sitting in that district and trying 5156 CONGRESSIONAL RECORD-SENATE. APRIL 7, ca cs, the situation would be intolerable, it would be impossible, Mr. WATSON of Georgia. If another judge were sent there if uuybody, dehors the record, by parol evidence, ~ould sho:v unnecessarily, it seems to me it would be virtually-- that the facts did not exist _which· authorized that JUdge to s1t Mr. WALSH of Montana. The extra judge would divide the in the trial of cases there. The de ignation that he go there work with the sitting judge no doubt, but he would not dis i · not a part of the record in any case. The validity of a judg place him at all. ment would in no wise depend upon the question as to whether Mr. WATSON of Georgia. No ; I did not mean to be under- the fact warranted his designation to fill the place. stood as saying that it would take his office away from him. .. The governor of a State may often, as is provided by law, Mr. WALSH of Montana. No; and it does not interfere with desirnate the judge of one district to go to another district to his work at all; the two judges would simply divide the work. holcl court· he is permitted to do so whenever the business of Mr. WATSON of Gecirgia. If another judge were sent into the district in which the judge goes is such as to require an a district to do the work, the situation might become so additional judge and the business of the district from which humiliating and so mortifying to the sitting disb·ict judge, the judge comes will not suffer by reason of the fact; but the being a man of self-respect, that he would resign. If that governor having issued his order that the judge go, no one can condition should arise, there would be some intimidation, and, inquire into the question as to whether or not the conditions therefore, an interference with -the independence of the . judi provided in the statute existed. So, while it is formally pro ciary. vided in the bill that the certificate will be conclusive, it would Mr. WALSH of Montana. Of course, I do not know how be conclusive under the established rules of law in any case. So ensitive the judges may be, but if the circuit judge finds that much for that. two judges are needed in a district I do not see why the sitting But, Mr. President, I can not give my assent to section 2 of this district judge should feel in any ense humiliated about the bill; and I very respectfully suggest to the distinguished Senator matter. in charge of the bill that he take into very serious consideration Mr. WATSON of Georgia. But the existing law requires whether or not that provision ought not to be eliminated from the that there shall be some testimony upon which the circuit bill. I have no doubt that its existence imperils the passage of judge shall act, and that is the certificate of the clerk under thi very much needed measure, and I submit that there is no seal, whereas in this bill it is left arbitrarily to the circuit ju tification for it. I fully agree with the statement made by judge. the 'enator from Nebraska that it means ab olutely nothing on Mr. WALSH of Montana. The difference between the present earth except a junket and a dinner. If the annual conference law and the proposed law is that under the present law the in Washington with the Chief Justice shall be held, the senior clerk of the court furnishes evidence whether the public in circuit judge of each of the nine circuits in the country, all terest requires another judge to go there or not, while under e"timable gentlemen, will come here; the Chief Justice will give the proposed law the enior circuit judge of the circuit deter them a dinner and the Representatives from their various States mine · whether the public interest requires the assignment of an will give them a dinner; they will have a good time and then will additional judge. · go home. There is not any business, so far as I can see, which they can transact ; there is no information which they can give CENTRALIZATION OF POWER IN THE FEDERAL GOVERNMENT. which, to my mind, can not as well be conveyed by a letter writ Mr. REED. Mr. President, I ask leave to have inserted in ten by the judges annually to the Chief Justice for his guidance the REcoRD an article from the t. Louis Post-Dispatch of and information in the discharge of the duties which he is to March 19, 1922, dealing with the question of the centralization perform. of power in the Federal GoYernment, a very worthy and very Of course, the number of judge who will be taken from their able article. own circuit and transferred to di 'tricts in remote sections of There being no objection, the matter referred to was ordered the country will be comparatively few. They will be brought to be printed in the REcoRD, as follows : from all over the country, wherever they are available, to sit in the city of New York and possibly in one or two other con [From the St. Louis Post-Dispatch, 8unday, March 19, 1922.} gested sections; they may be brought, perhaps, from some ad APPEAL TO GOVJ:RNORS TO HALT MARCH TowARD FEDERAL EMPmE. jacent circuit to sit in the city of Chicago, which is not far (The Post-Dispatch addresses this open letter to the .$.overnors of distant from the boundary between two different circuits ; but, the States of tJ;le Union in the earnest hope . that they wiu rally their people and theu State legislatures to halt the destructive processes generally peaking, that provision of the bill will not impose that are transferring all of the powers of local self-government to re upon the Chief Justice any particular arduous labor; and, to mote and irrespon ible bureaus in Washington and that portend in _my mind. it involves an expense trifling, it is true, when we evitable disaster to the most promising experiment in free govern ment ever before attempted by man.) consider the expenses of the Federal Government, but neverthe Serious as are the great problems of disarmament and peace for the les an expen e which need not be incurred and which, I think, world in general there is yet another confronting the people of the has no ju tification whatever in view of the condition of things United States, one peculiarly their own, this is far more vital to their safety and happiness. confronting us. I trust that the bill will not be loaded down It is the advance of our General Government toward the usurpation with provision for the creation of judgeships in addition to of all powers, local and national, and the transformation of our ystem those recommended by the committee and that this rather ob· from a limited representative Federal Union to an unlimited bureau· cratic empire. noxious feature of the measure will be eliminate(!. No student of history, acquainted with the anxiety of the framers It must be said, Mr. President, that a discussion upon the of our Federal Constitution to circumvent this very dang-er, can view floor "'ith respect to the merits of a claim for an additional the rapid destruction of all the barrier they erected without sense of the deepest alarm. judo-e in any particular district is not particularly enlighteni.qg. Those who framed our dual political system had carefully tudied It i necessary .to consider not only the situation in that par the rise and fall of States from the earliest period of recorded ·history. ticular district but a comparison ought to be made between In Persia, Babylon, Egypt, Carthage,. Greece, Rome, and in all the transitions up to their own times, they observed that human liberty that district and other districts which may possibly be similarly was destroyed and nations brought to ruin through the poss sion and situated. Accordingly, "in these cases where the matter has not abuse of unrestrained power by Government ; and that the final decay been ubmitted to the committee. or, where, having been sub actually set in at the apparent zenith of their greatness, when all cares and all authority had been centered in a single body or group. mitted to the committee, its action was founded upon due con Knowing the experience of the ages to contain this lesson they sideration, I think the determination of the committee ought sought deliberately to apply it for the perpetuity of the Government to be very cautiously disturbed. they were about to form and for the preservation of liberty under it ~ In the Constitution they formulated, therefore, they proposed a Fed l\Ir. \YATSON of Georgia. -Mr. President, before the Senator eral Government for definite and pecific purposes only, enumerating takes his seat I call his attention to subdivision c, on page 13, in writing the objects within its competency. The Constitution dele to which he and I have both referred, which reads: gated to the Federal Government a minimum of power to permit the achievement of the e essential ends. In aid of a district judge when the public interests so require. The framers, knowing the entiment of their re p ctive 13 overeign I call the attention of the Senator to the fact that no pro States, then loosely united in the Articles of Confederation, realizeor~inate, coequal repositories

All powers not expressly granted to the Federal Govl'rnmPnt were o~ca.<>ionally denounce this lawlessnes on the part of Government offi declared to be rl?served to the States or to the people. Thi ~ appP.ars cial 1 they nevertheless bold that evidence thus illegally obtained may in the tenth amendment, adopted in 1791, two y-ea.:rs after the Con be u~ed against the accused. Also, they will admit evidence stolen by titution went into force. In pite of its other apparent . afeguardS' a prrvate individual which Government officials could not lawfully ob most of th~ States refu ed to come in until they got that promise. tain \vithou a warrant. There would have been no Union without it. Th-e amendment is a gl'neral a11d unqualified declaration that the peo If one wi'3hes to ·study the flistrilJution of powers mor.e minutely he ple have a right to be secure in their persons, hou es, papers, and effects, may find them diagramed in Prof. Frederic Jesup Stimson's work on yet th~ Supreme Court has struck down half of its value by declaring the Constitution. His summing up is pertinent. IIe say : that it applies to criminal prosecutions only. In c:i•vil matters, says n But there arc other, more political, rights given to protect the this tribunal, the people have no such right. Hence the Federal in people. Congre must a semble every year ; it must have freedom or come tax inquL itor, or any other . o-ca.lled civil officer. may invade your speech and guaranty against arrest; the Ilouse alon can introduce home or yow: office without a warrant, demand your books and papers, revenue bills. No Army can be maintained for more than two years. take tran cript of what he likes, and in titute a criminal prosecution No direct taxation from the Nati<>nal Government; no unequal in against you on the evidence obtained. With the amendment thus halt direct taxation from the National G<>vernm~nt. No title of nobility. frittered away, is it to be wondered at that it affords the most doubtful Jury trials; indictments; civil rights; the forbidding of all class legis protection in criminal prosecutions? lation ; the supremacy of the Constitution. We pa s on to the fifth amendment, and particularly to that clause "And, finally, after all the. e rights ha.ve bt>en enumprated, the great forbiddjng prosecution for a capital or infamous c1·ime save on a pre ninth amendment says that this enumeration. neventheles , does not sentment or indictment by a grand jury. An infamous crime is any deny or disparage other rights still retained by the people; th~ final crime punishable by imprisonment. In the Volstead Act we find a and important thing being that the framers founding this Government viciou assault upon this guaranty, where the courts are authorized to consciously and expressly did not intend to give general overeign resort to the subterfuge of imprisoning the accused through the sum powers of conquest or national career." mary proc ss of contempt, without either warrant or indictment. Can anyone deny that we arc already embarked upon a national As to the second prohibition in the fifth amendment against twice r.areer, with a Govermnent more puwerful and le under the control of putting a person in jeopardy for the arne otrense, we are told this does the people than any other on earth, save possibly in Japnn? Hasn't our not mean what it snys with respect to violations of the Volstead .Act_ F deral Government preached and acted upon the claim that it i now Offenders again t that law mar be punished in both Federal and , tate competent to do anything that any other sovereign State may do? courts for the same offen. e, owmg to " concurrent " jurisdiction, An enumeruti(ln of all of tht> Federal powers and prohibitions dele The third prohibition in the fifth amendment, forbidding an accu ~ ed gated and declared in the Con titutlon and an analysis of their u e and to be a witne s ~<>'flinst himself in a criminal case, is flagrantly flouted abuse in practice would lead us into a field too prolix for present pur with the connivance of the courts in the rule that evidence, however poses. It is sufficient here to consider how far the Congress and the illegally obtained from the accused, may be us,ed against him. With Federal court have set aside the force of the Bill of Rights, those first such a rule established, why should peace and pro ecuting officers worry 10 amendments that th~ ~Hates insisted upon as ~uaranties against about search warrants in criminal case ? They rarely do. .And the oppression before they would assent to the Constitution. view is justified on the ground that it is more important to obtain a No one can read the fir t 10 amendment without realizing the sense conviction than to preserve a constitutional right_ of fear and distrust which tlle wisest citizens of tlle 13 States felt in It is also declared by the courts that the guaranty again. t being entering into this Union. In th'e words of the Kentucky resolutions of compelled to testify against one's elf does not apply to corporations, 1798, they held that " free government is founded in jealousy and not since they are artificial, not natural, persons, nor does it protect a cor in confidence, which prescrib limited co.nstitutions to bind down those poration official from being compelled to disclose incriminating matter whom we are obliged to trust with power." concerning his act . Were the sturdy men of that period, who bad dPJied and wrested in The fourth proposition in the fifth amendment, that no one balJ be dependence from the migbtie t power then on the globs, timid and deprived o:t life, liberty, or property without due process of law, in easily affrighted? Was their insistence upon extensive and written re volves a di cu sion of the meaning of the term " due p.roces of law." strictions upon the power to the General G<>vernment founded in a sort While no exact definition has ever been given, it is generally declared to of panicky fear of tyrants incident to the times, or was it based upon mean law in the regular course of administration, according to. tho"'e a knowledge that out of centtu'ies of struggle of mankind for liberty rules, principles, and forms established for the protection of private tller had grown up certain tested principles of human as ociation that rights. Thus all the provisions of the Constitution and all laws made give the greatest hope of hap pine s and freedom? pursuant thereto constitute due process of law with respect to any These questions have their answer in the onerous and increasingly matter cognizable under them. ThL'l prohibiti(}n is designed to lteep vexatious lot of the American citizen to-day, resulting ilirectly from the actR of Government officers within their lawful limits and to pre the setting aside of constitutional re trictions by the Federal G<>vern vent arbitrary conduct. ment and its assumption of the role of universal intermeddler and The m<>st condemnable instance o: ·'ation of this guaranty is to regulator of all ouT concern . be found in an act of Congress permitting the deportation and exclusion Take the first amendment. What do Congress and the Supreme of persons from the United States upon tbe mere say of an immigration Court say of it? First, that it is not an absolute prohibition, which 1t official, regardle of whether the per on so rleported or excluded i an certainly was intended to be and which its terms plainly indicate. American citizen. Thus a single executive official may ,.inflict the grave Oil, no ! say the Federal courts, Congress may not forbid the publica puni hment of banishment, without th~ necessity of a jury or a judicial tion of the trutll with good motive , but it may legislate as to publi trial which due process of law requires in all other case of punishment. cations of other character ; it may exclude the press from the mails. And 'the Supreme Court, in the case of Ju Toy, declared that as for him, Likewise, say the courts, they can forbid any publication of testimony, due process of law was satisfied by a hearing without counsel before the for example, of such a nature as " to obstruct and embarrru s the immigration agent. Ju Toy was a poor Chinaman, but before the court," and they can also punish for contempt, without a jury, any Supreme Court dismissed the case a Federal cotll't of Calif<>rnia, which improper publication " tending to obstruct the administration of jus hearrl the evidence of his birth in this country, judicially determined tice." Such judicial interpretations have seriously weakened this con him to be an American citizen. It was of no use ; the immigration agent stitutional guaranty and have tempted Congress to consider on a num had determined otherwise, and the Supreme Court declared his word ber of recent occasions the subject of general regulation o!. the press. be-yond review by the courts. Some obnoxious or dangerous 1Vhite citizen '!'here is such a bill before Congress to-day. may be next. How far has the Federal Government gone in undermining the guar In the final proposition the fifth amendment forbidding the taking of .anty of free pe~c.b! During the war this ri~ht wa very drastically private property for public use without compensation, the Federal courts abrMI?<'d ; any cntic1 m of the G<>vernment or Its manner of conducting have ev<>lved the vague and reprehensible doctrine that no right of pri hostilities was likely to mean a sojourn in the penitentiary. Perhaps vate property can exist in property that may be declared to be subJect that was ju tified, however much it seems to imply that war abrogates to the " police power," and especially alcoholic liquors; yet Lincoln tbC' Constitution. We have recently had some peace-time legislatien, recognized the justice of compensation even with respect to depriving however, aimed at suppressing certain philo ophies of government and tb€ South of their slaves. . In spite of the licensing of the liquor busi mrn will preach them at their peril. We no longer tolerate err~r <>f ness and the impo ition of taxes and its storage in Government ware opinion witll an assurance that reason left free to combat it is a suffi houses, under G&veTnment protection from time out of mind, the owners cient safeguard. Reason must be reinforced' by an army of secret are now told that the fifth amendment is designed t<> prevent stripping agent of the Department of Justice. In the words of a Federal deci the citizen of only certain kinds of private property, the Jist of which sion in an espionage case, freedom of speech means the prerogative of is constantly diminishing. . the citizen " to canvass public measures and the merits of public men." Further the courts bold that Government acts " mel'ely impairing:" Said another this guaranty does not imply a right to say what one the use of private property are not a " taking " within the prohibition, pleases at ali times and in all places. However, there is yet a good when the ade any infringement of the third amendment forbidding the quartering of this prohibitio11 by a provision permitting Federal courts to punish olrliers in private home . offenders summarily in this fashion. It is to the credit of the Federal There is no right the preservation of whkh is more vital to liberty judiciary, how£-ver, that they have shown no eager disposition so far to than that ~uaranteed to the citizen in the fourth amendment to be free break: down this gl'eat safeguard against tyranny. from search save upon warrant, yet there is none in a more precarious While this prohibition does not describe the kind of accused person condition ::.mong us to-day. It was the violation of thls principle by entitled to jury trial, Congress and the Federal courts have decided that James I that destroyed English liberty, but raised up the great Chief it does not apply to aliens whom they wish to deport. And. as has been Justice Coke as its champion. When the States procured the adoption vointed out, it is equally denied to citizens returning t<> their country of this amendment they bclieYed they had rendered the people secure from abroad if the immigration. agent decides they are not citizens. in theit persons, houses, paper • and effects; that not even an officer a The seventh amendment pertains to jm·y trials in certain civil actions magistrate, or a policeman could thereafter ever snter the house of a and the eighth forbids excessive bail or the intllction of cruel and un citizen or search his papers and effects without a formal warrant,' duly usual punishments, which call for no comment. issued upon probable cause, supported by sworn te timony stating the The ninth amendment, deC'la.ring that the enumemtion of pow~r reason why, the crime charged, the place to be searched, and what th€y given to the Federal Government sball Mt be construed to deny or dis expected to find. parage those withheld by the people, was designed to reenforce the tenth Not a day passes, however, but that Federal agents, in the enforce· amendment, which makes a positive reservation to the States, respec ment of the multitude of Federal laws regulating our local concerns, tively, or to the people, of all powers not delegated to the Federal Gov contemptuously set aside this guaranty. Whether the Federal larceny ernment nor prohibited to the States. These great amendments were statute, the Federal statutes on morals, on narcotics, automoblle thefts, intended forever to hold the Federal Governmen.t 1n check and to con sedition, or what not, al'e being vindicated, the raids upon homes and trol that natural augmentation of power kn()wn to be inherent in all the ill~al seizures of papers and property go on. While some courts ~overnment. Yet the Federal Government had hardly gotten fairly 5158 CONGRESSIONAL RECORD-SENATE. APRIL 7, st rted before this dangerous ol>iter dicta from the Supreme Court · Chief Justice Fuller, rendering the oprmon of a unanimous court. thrilled the centralizers at Washington as it startled and alarmed the held the law to be in violation of the Constitution, in that it was not survivors of 1787. . apportioned and void. The words of the Chief Justice are worthy of "Thi · amendment (the tenth), which was framed for the purpose tn~, most. solemn reflect_ion to-day. He says : · of quieting the exce sive jealousies which had been excited, omits the Nothing can be clearer than that what the Constitution intended word ' expre ly ' and declat·e only that the powers ' not delegated to to guard against was the exercise by the General Government of the the United States nor prohibited to the States are reserved to the powe~ o~ !iirectly taring persons and property within any State through tate , re pectively, or to the people,' thus leaving the question whether a maJonty made up from the other States. It is true that the effect of the particular po er which may become the subject of contest has been requiring direct taxes to be apportioned among the State in proportion delegated to the one or prohibited to the other, to depend on a fair to their population is necessarily that the amount of taxe on the con truction of the whole amendment." individual taxpayer in the State having the taxable subject matter to ThuR, in the omission of thi little word " expressly " before "dele a larger extent in proportion to its population than another State has gut(>(}" the Federal Government has been judicially confirmed in the would be less than in such other State, but this inequality must be held exercise of any powers "appropriate" or "conducive" to the ends to have ,been contemplated, and was manifestly designed to operate warranted by the express powers. It has, in effect, overthrown the to·restra1p the exercise of the power of direct taxation to extraordinary baniers guarding the reserved powers, leaving little more than the emergencies, and to prevent an attack upon accumulated property by exprl' s prohibitions standing waveringly between the States and an mere force of numbers. unlimited government at Washington. On this doctrine all of the "It is not doubted that property owners ought to contribute in just express grants to the Federal Government, the power to levy certain mea ure to the expenses of the Government. As to the States and their taxes in a certain way, the power to regulate interstate commerce, and municipalities, this is reached largely through direct taxes. As to the the other , have been used to justify all manner of legislation only Federal Government, it is attained in part through excises and indirect remotely related to the subjects themselves. One result has been the t11xes upon luxuries and consumption generally, to which direct taxa creation of a so-called Federal police powei' more and more controlling tion may be added to the extent the rule of apportionment allows. the local health, moral , and welfare in the States and ousting the And through one mode or the other the entire wealth of the country St te from their constitutional functions. Thus, from the power to real and personal, may be mad~ as it should be, to contribute to the regulate commerce has been deduced a right to regulate slaughter common defense and general weuare.1 bon ei'l, on the assumption of intended shipment of the meats; the " But the acceptance of the rule of apportionment was one of the right to regulate liability for injury to employees engaged in interstate compromi es whl~h made the adoption of the Constitution possible, and commerce; dutie and qualification., of employees, hours of service, secured the creation of that dual form of Government, so elastic and so r tes of pay, t.:reme C<>urt to authorize the taxa Wl're required to be levied by the rule of apportionment and indirect tion of all manner ~f profit and gain , as well as capital a ets, under tax laid by the rule of uniformity. such arbitrary rulings as the Treasury Department may prescribe. Direct taxe had been the main reliance of the State for their sup The lone exception in the way of income that the Federal Government port theretofore, but the as ·e sment, collection, and expenditure of may not reach is that derived from bonds issued by the States and their &uch revenue were in the hands of their immediate representative and political .subdivisions. In order that nothing may escape, however, a under their immediate control. To give this power even concurrentlv constitutional amendment is now before Congress permitting Federal to a distant government, to be administered by agents in no wise taxation in this case. If the States acquiesce in this, only the hollow re ponsible to them, they felt would inevitably result in extravagance form of our " indissoluble Union of indestructible States " will remain. and oppression. Patrick Henry told the Virginia convention that it There can be no argument against the justice of direct taxes as such · would annihilate the States. George Mason visualized what has come and an income tax is perhaps the fairest of all forms of taxation j~ to pas -the Federal taxgatherer in every home, with his warrant of that it distributes the cost of government according to the ability of distraint, selling out or jailing those citizens unable to pay. Two thou the citizen to pay. However, these taxes, capable of raising such great sand of such warrants were recently issued in the St. Louis district sums. of revenue, were designedly left with the States because it wa. alone. their governments that were charged, in the constitutional arrangement, Hamilton sought to allay the e fears by pointing out that the power with the vast and manifold problems of internal affairs, while the Fed to levy direct taxe only according to apportionment would result in eral Government was intended to be a mere representative of the such inequalities that it would never be used except in great emer States in PXtl'rnal relations. So long, therefore, as the Federal Govern gencies : that the States therefore would rarely be disturbed in their ment confined it activities to the limited duties assigned to it, no power to levy direct taxe by imilar action on the part of the Fl'deral extensive re>enue was required. Government. In an address to -the New York convention, where the In the face of the most anxious endeavors of the framers of the Con fear of conferring the power of direct taxation raised a formidable stitution and the deepest solicitude on the part of the ratifying con opposition, Hamilton aid: ventions lo maintain the General Government as a limited one, it is "As to internal taxation, in which the difficulty principally rests, inconceivable that the States could have so readily yielded to it their it i riot probable that any general regulation will originate in the own, an unlimited taxing P?wer, in 1913. It is in deadly conflict with National Legislature. If Congres in times of great danger and di - the fundamentals upon which our ·G overnment was built. It reverses tre. s hould be driven to this re ource, they will undoubtedly adopt the e sential underlying policy of all who have gone before us to with such measures as are most conformable to the laws and custom of hold from the Federal Government the inherent temJ.>tatlons and vice each 'tate. They will take up your own codes and con ult vour own of too· much power. Heretofore our actuating principle wa to deny sy terns. * • • They will appoint the officl'rS of revenue agreeably the exercise of any powl'r where the dangers from possible abuse out to the pit:it of your particular e tablishments, or they will make use weigh th~> possible good from its use. of your own." What have been the results during the eight years that have fol· Luther Martin told the Maryland convention that the Federal Gov lowed? Have they justified the alarm and fears of the framers? One ernment hould not have the power to levy direct taxes in any case. has only to observe the universal presence of the agent of the Federal Oliver Ellsworth in reassuring the Connecticut convention, declared board, bureau, or commission, now overrunning the States, and daily that it was probaole1 "that the principal branch of revenue will be growing more numerous. obtruding themselves into the affairs of the duties on impor·ts. What may be nece~sary to raise by direct taxation citizen from the hour of his birth and continuing it to his last breath, is to be apportioned on the several States, according to the number of when they claim a share of whatever estate remains after their previous their in habitants ; and although Congress may raise the money on exactions. It not only regulates his morals . but even prescribes the their own authority, yet that authority need not be e."!:ercised if each system of accounting he shall use in the record of his personal affairs. State will furnish its quota." He defended the power of direct taxa For 10 years prior to and including 1916 the total annual taxes of tion, however, as necessary to meet such exi~encies as war. the Federal Government averaged about $600,000,000. Of this sum In the Massachusetts convl'ntion Rufus Kmg said : . more than a third was raised in a manner almost unobserved as excise "It is a principle of this Con titution that representation and taxa upon fermented and distilled liquors. About $75,000,000 was similarly tion should go hand in hand. * * • By this rule are representa raised by tobacco taxes. The remainder was drawn almost entirely tion and taxation to be apportioned. And it wa adopted because it from customs, which likewise were nearly invisible in their inc·idence. was the language of all America." The system accorded perfectly with the constitutional de ign of imJ!O - John..Adams, Dawes, King, Sedgwick. and other l'xpres ed the view ing Federal taxes, with a view to convenience and the least po · 1ble of ll advocates of the new Constitution that a direct tax would be irritation. The Government expenditures averaged but $7 per capita. the last source of revenue resorted to by Congress. Without such In beginning the exercise of the power to levy dirE-ct taxes under the a suram·e it can not be doubted that a majority of the States would sixteenth amendment Congress felt its way. It took only $71,000,000 have rejected the Constitution and gone on as independent sovereigntie . in 1914; in 1915 it collected $80,000,000 from dil'ect taxe , and in True to these prophede , the Federal Government for moi'e than a 1916, $124,000,000. The rate was low, the exemption high, and the hundred year considered its power to levy direct taxes one to be used overwhelming majority who were required to pay nothing thought they only upon extraordinary occasions. Within that period it was resorted had no reason to complain. Still, expenditures of the Federal Govern to l>ut three times and justified in each case by an emergency. The J:Ilent in those years passed the $700,000,000 mark. first wa in 1798, during actual but undeclared war with France ; the The years of 1917, 1918, and perhaps 1919 do not afford a fair com s cond in 1812, during war with England ; and the third in 1861, during parison, owing to the extraordinary expenses incident to our participa the Civil War. In each instance the laws were repealed when the war tion in the Great War, but the Federal Government nevertheless raised ended. by direct taxes in those years approximately $700.000,000 in 1917. In 1894, however, under the title "An act to reduce taxation," etc., $3,500,000,000 in 1918, and over $4,000,000,000 in ·1919. It revealed Congre s pa ed al;l income tax law levying directly a tax of 2 per cent to the Federal Government the apparently almost inexhaustible funds on all gain·, profits, and income abOve a $4,000 exemption. It was it could rai e to defray the cost of an infinitude of new Federal enter promp~ly challenged as unconstitutional, and considered by the Supreme prises in times of ~eace. Hence, in ·1920, a year and a half after the ·Court m the case of' Pollock v. Farmers' Loan &. Trust Co. close of the war, tlie Federal Government levied nearly $7,000,000,000 1922·. CONGRESSIO TAL RECORD-SENATE. 5159 of taxes, or $63 per capita. In 1921, in pite of a nation.-wide d mand direct taxes to meet any debt, bow~ver, would open the door to borrow· for economy and relief from tax burdens that were sappmg the vitals ing to meet current expenses and constitute little more than a ul> of commerce and industry, the Federal Government held to its schedule titute for direct taxes. and extracted over $5,600,000,000 from taxpayers of the States, amount 'fhere are ample sources of revenue for the most generous peace..time ing to $52 per capita. In this year it shifted to income-tax payers a support of the Federal Government through indirect taxes. Customs loss of $250.000,000 of liquor taxes no longer available by reason of the will easily yield $300,000,000 : tobacco taxes, $150,000,000 ; the Federal adoption of the prohibition amendment. In 1922, nearly fo~r years estate tax brought in $154,000,000 in 1921; while it has been estimated after the war the Federal Government's ordinary appropriatwns are that an excise on beer alone would yield $400,000,000. This does not something over $4,000,000,000, with some additional uncalculate~ ~UU" by any means exhaust the list. dreds of millions to be raised by new taxes for a bonus to the soldiers. 1'he t nited State of America became a numerous. rich, and con· Former Senator Thomas, of Colorado, declares there are. 250 po~er tented Kation between 1789 and 1913, when the taxing power of the fully organized lobbies now maintaining offices and agents lD Washmg Federal Government was qualified as suggested by the proposed amend ton. whose sole aim is to get their hands into the Federal Treasury, . ment. Our Government was ftugal from necessity. Its invafdon of the now that direct taxes appear to render its supply unlimited; and that field of re ~ erved powers. while extensive during this period, was the Congress, yielding to political pressure thu wielded, is no longer ctond less dangerou because the absence of an unlimited purse re ·trained cerned about the ancient doctrine: that public revenue ball be devo ~ practical ventures based upon them. only to public needs and that taxes can be levied only for public There are two alternative modes by which the Constitution may be purpose . amendea, set forth in Article V, a follows: The unlimited Federal taring power ha recent~y pushed t o a d.a?ger " The Congress, whenever two-thirds of both Houses shall deem it ous extent the so-called doctrine of "Federal a1d:' It was imtlated necessary, shall propose amendments to the Constitution, or, on the to encourage road building in the States, a subject that Co~gress !S application of the legislatures of two-thirds of the several States, hall constitutionally competent to deal with. But from that pomt it IS call a convention for propo ·ing amendments, which in either case shall now luring the States more and moFe into subordinating to some W~sh be valid to all intents and purposes a part of this Constitution when lngton bureau such strictly local functions as health and educati?n. ratified by the legislatures of three-fourths of the everal States or by In such cases " Federal aid " is nothing more than Federal ta~ation conventions in three-fourths thereof, as the one or the other mode of for State purposes, in which the States receive back a mere tnfie of ratification may be pr()posed by the Congress." the sums collected. A no government ince the beginning of time ever voluntarily ur It is the natural process for all governments. even limited one , to rendered power back to the people it is, of cour e, too much to expect galn ground at the expense of civil liberty. But if to this inherent that Congress could be induced to initiate an amendment that would quality is added a limitless purse, as was done by the legislaturE.'s of compel economv by restricting its taxing power and restore to the our States in 1913, it can causE.' no surprise if the Government thus States the exclusive right to raise and expend their own millions uy endowed becomes a political profligate. direct taxes; hence, if any uch amendment is possible, it must be un Consciously and unconsciously the people of the United State have dertaken by the States themselves through an application of two-tbirdR sensed this tremendous transformation in their in titutions. Never of their legi lature to Congress for the calling of a national conven before have they manifested less affecti~n or respect for. the Constitu tion. tion and laws, because never before d1d that Con titutwn and tho ·e law· afford them less protection in their lives, liberty, and property; ORGA2\IZED GOVERNORS SHOULD CHECK ENCROACHMENTS. never before have they been more deeply irritat~ and vex~d, because The go~ernors of the State of the Union are organized, and have never before has a distant government thrust 1ts regulating agents been since 1908. in a continuing body known as the governors' confer into the manifold actlvitie ~ of their dally lives since 1775: ence. Its affairs are managed by an executive committee ·of three gov ernors, chosen annually. 1'be present committee consists of Gov. Wil VAST EXPAXSION OF REnl~trES A~D BtrRJUtrS. liam C. Sproul, of Pennsylvania; Gov. J. B. A. Robertson, of Okla Before our great experiment in self-government was launched hi~-Jtory homa· and Gov. Henry J. Allen, of Kansas. There is a permanent sec presented the picture of governmE.>nts in all times involved in the chang retariat at Madison, Wis., under the direction of Mr. Miles C. Riley a ing traged> of oppre sion, rebellion. and reformation in an endless executive ecretary. cycle. The framers of our written Constitution felt that they bad pro That the governors of the States are not blind to the present alarm· ,·id<'u effectually against the need of resort to violence for the cor ing conditions is evidenced in the reports of their annual meetings. rection of our Government. however, in the amendment clau e through At the meeting at Harri burg. Pa., in 1920, three governor (Robert which the people could from time to time, by peaceful means, add to D. Carey. of Wyoming; R. A. Cooper, of South Carolina: and Pet·cival or take from the Federal GovernmE.>nt ·uch power or power as their w. Clement, of Vermont) delivered urgent addresses upon the need of safety and happiness seemed to rE.'quire. decentralization of Federal activities. We find the situation to-day, howe>er. to be that the power · de The following excerpt from Governor Carey's addres reveals the out· clared in the instrument to have been reserved to the people, to be rageous waste and inefficiency growing out of actual contests among delegated or not in their wisdom, have been largely ab orbed by the Washington bureaus to dominate Wyoming: Federal Government through the subtle processes of legislative con " If one desire to study the operations of these Federal bureaus struction and judicial interpretation. Through the doctrine that Con and agencies in all their glory, he should visit the Jacksons Hole gress may enact any law "appropriate," " convenient," or "conducive" country, which lies ju ·t south of the Yellowstone National Park. to the ends of its enumerated powers, nearly the whole realm of Most of this section L in forest and game preserves, and here we have power has been gathered into its hand . the best game country in the United States. The Bureau of Parks We have awakened to the realization that there bas grown up over is endeavoring to add a large part of it to the Yellowstone National us an almost unlimited Government. to which we have recently given Park which the Biological Survey wants it for a game preserve. TbP an unlimited purse. The form of dual government remains; ·the sub Forestry Service i not in favor of park extension, for the reason that stance has disappeared. We are headed in the same direction that it would transfer control from the Agricultural to the Interior De every other unlimited government bas taken, and, if we submit, the partment. The Reclamation Service has a large reservoir at Jacksons time may not be far distant when the Federal Government will actually Lake ~ bich is irrigating lands in Idaho, and on account of the large denv the right of the people of the States to limit its power in any volume of water that i run during the irrigation season the river is respect. Then our only recourse will be rebellion and refo1·mation. impassable and there are no bridges. The land along the river is being It is useless to reaffirm the written guaranties and limitations ; they constantly washed away and damaged. but the owners have no re would only continue to be broken through. But there i a means by dr·ess. '.fbere are two Carey Act projects which the· General Land which the States can check the present race toward empire and resume Office will neither approve nor disapprove. Practically all land, for the rightful discharge of the obligations of local self-government, and homesteading are withdrawn from entry and the development of tb\' that is: country is at -a standstill. Numerous writers from the East h ~t VC' By t·epeali11g the powe-~· of the Fede-ral Go·rermnent to comtnand tl11- been imported into this section to write propaganda to a~sist the li1nited revenue, sat:e in time ot wat'. different Washington bureaus to get control of this section. Everyone We have ample evidence t hat it i the exercise of this powE'.r that has a press agent except the _man who is trying to live in this country is drawing all authority to Washington, where it can not be exerci ·ed and to establish a home-." - efficientlv, economically, or safely. With such intimate knowledge on the part of the governors of the In an" address before the bar association in St. Louis February 13, evils accompanying the rapid march toward Federal empire and con· 1921. James W. Beck, the Solicitor General of the United States, fusion. the Po t-Dispatch appeals to them to arrest it. pointed to the taxing power, even before the adoption of the sixteenth It urges them as .the sentinel , guarding the safety of the people amendment, as one that bad been perverted with the acquiescence of of their respective States, to seize the opportunity now to restore the the Sup...-eme Court. He cited the oleomargarine case as exemplifying vigor of that dual sy tern of government in which the States were con an instance in which Congress, by imposing a prohibitive excise, had ceived to be the only afe custodians of domestic affairs. utterly and intentionally destroyed a perfectly legitimate business. with It urges them, in the light of this narrative, to call their conf~ r· no remedv whatever for the injured parties, in view of the Federal ence into special ,es ion, to formulate a definite program of action, court's refusal to look into the motives and purposes of Congress. and to pres it upon their respective legislatures in concert, to the If Congress may thus without judicial re traint levy an indirect tax end that the mo:t hopeful experiment in sel.f-government ever attempted for the purpose of de troying a particular busines or clas of propertv. by a great people shall not end in failure and despair. to what lengths of oppre sion may it not now go with an unrestrained power to tax directly? l\lr. Beck frankly declared the power to tax PROPHECIES OF THil FRAMERS OF THE FEDil"RAL CONSTLTUTION. directly rendered Congress almost omnipotent. In seeking to allay a general fear in the States that the Federal If eight year· of unlimited taxing power in the bands of the Federal Government might usurp all power and become an unlimited and op Governnrent have wrought such a tran formation in the ·ituation of pressive one, Hamilton, Madison. and Jay concerted in a numl>er of the citizen it is appalling to contemplate the revolution that 20 year papers. now compiled as the Federalist, to reassm·e the members of the would bring. State conventions to "hicb the Constitution was submitted. The fol Citizens of Missouri paid $86,000,000 to the Federal Government in lowing are excerpts : 1921. The sums paid by other States range from $718J136 collected in "The objector ~ do not advert to the natural strength and re ource. Nevada to $814,000,000 paid by New York. An exceeaingly large pro of State governments. which will e>er give them an important ·uperioi· portion of this money is not being applied to the necessary Federal ity over the General Government. If we compare t he nature of their functions or to objects constitutionally within the purview of the Fed different powers as the means of popular influence which each po se . es, eral powers. The greater part of the revenue properly ·belongs to the we shall find the advantagl> entirely on the side of the States. Thi States, and they themselves should raise it by their own income taxes consideration. important a, it is. seems to have been little attended for expenditure under their own upervision. to. The aggregate number of representatives throughout the State Let a constitutional amendment be drawn declat·ing in substance: mav be 2.000. Their per:>onal influence will, therefore. be propor "The Congress of the United States shall have no power to lav and tionately more.. extensive than that of one or two hundred men in collect direct taxe , save in time of actual war." · Con!!ress. But, it may be objected, we have a war debt of $24.000,000.000. le ~ s "The ~o..:tate establishments of civil and military officers of evE.'ry $11,000,000.000 representing the allied debt; how can proper pro,·ision description, infinitely urpassing in numbers an-y possible cor·responding be made to ·meet the principal and interest of this r It mu t be consid establi hments in the General Government, will create such an extent ered. It may be met by quotas from the States, a Oliver Ell worth aml complication of attachments as will ever secure the predilection suggested. The amendment might even permit the levying of direct anti support of the people. Whenever. therefore, Congress shall medi taxes for the sole additional purpose of retiring the debt of the United tate any. .infringement of the State constitutions, the great body of the State incurred in the pro ·ecution of war. To permit the levying of people will naturally take part with their dome, tic rept·esentatives . . I I' 5160 CONGRESSIONAL RECOR.D- SENATE. APRIL 7,

" Can the General Government withstand such a united opposition? been passed. It is absurd to put the Government to the expense wm the people suffer themselves to be stripved of their privileges? Will they suffer their legislatures to be reduced to a shadow ~nd a of maintaining the court , and all the machinery of the courts, name? The idea is shocking to eommon sen e." (Alexander Hamilton.) and officers to risk their lives iri arresting criminals, and tl1en " The powers delegated by the proposed Constitution to the Federal in the Government are few and defined. Tho e which are to remain in State have them come before a j11dge who is not sympathy with governments are numerous and indefinite. The former wi.ll _be exer law, and who imposes a farcical sentence. cised principally on external objects, as war, peace, negoti~tlon, and I have some matters here which I have gathered from edi foreign commerce with whkh last the power of taxation w1ll for the I most part be connected. The powers reserved to the several States torials, which will read as a part of my remarks. will extend to all the objects which in the ordinary course of. affairs Here is an editorial from the Montgomery Journal. I J1ave concern the live., liberty, and property of the people, and the mternal left out, intentionally, the names of the judges : order improvement, and prosperity of the State." (James Madison.) " But ambitious encroachments of the Federal Government on the RESPONSI.BILITY OF JUDG»S FOR LAW ENFORCIII.\1lilNT. authority of the State governments would not excite the oppositiop of Judge---, of the United States district court, bot recently called a single State or of a few States only ; they would be signals of gen to preside in an emergency session of the Federal court in that city eral alarm. Every Government would espouse the common cause. A. in an interview published in the local newspllp-ers is quoted ns making correspondence would be opened. Plans of resistance would be con a severe arraignment of the national prohibition law. He declared the certed One spirit would animate and conduct the whole. The same law " the most unpopular ever enacted," and then proceeded to give the combuiation in short, would result from an apprehension of the Fed version of the liquor and brewery interests as set forth in their propa eral as was' produced by the dread of a foreign yoke, and unless the ganda to discredit the law and make difficult its enfor cement. projected innovations S'hould be voluntarily renounc-ed the same appeal •· The amendment," he aid, " was adopted under the ~eneral belief to a trial of force would be made in the one case as was made in the that war emergencies lkmanded the conservation of gram and other ether.' (Jame l\fadison.) material used in making whisky. It was not generally understood FEDELl.H, REVENUlll WHICH STATES SHOULD HAV'E FOR LOCAL USE. that prohibition would be permanent. ·· Congress went to greater extremes when it passed the Volstead Act Fo1lowing are the direct taxes levied in States by the Federal Govern tban public sentiment approved. Consequently the law is observed more Jnent in 1921 in the form of income taxes, to which the States them in the breach than in the performance. se-lves are historically entitled as the prod~ct of th~i:r own income 1;ax~s •• Prohibition, in fact, will · only come by education in the scbools of for expenditure by their own representative for Improvements Within the destructive u e of intoxicants. The law would be more respected their own borders : Nevada ______if its pt·ovisions were less drastic. No harm could have come from the Alabama ______$14,222, 196 $718,136 domestic use of light wines and beer with limited alcoholic content." .Arizona ______279, 821 New Hampshire __ _ 8, 304,563 Here is a judge upon the Federal bench who, while profes ing to de .Arkansa ------8,228, 525 New Jersey ______97,391,062 sire law enforcement, actually decrying or inveighing the national pro California ______129,170,961 New Mexico ______1, 306-, 243 hibition law, declaring it too drastic to be enforced, and favoring the Colorado ______25,085,242 New York ______814,736,708 domestic use of light wines and beer, both of which are inhibited by the Connecticut______49,208,464 North Carolina ___ _ 38,664, 722 Constitution to which be has sworn allegiance. D<'laware ______9, 848, 404 North Dakota ____ _ 2,072,432 The question arises, Is a judge who entertains views prejudicial to Florida ______---- 10,108, 053 Ohio ______2.03, 847,472 any law qualified to sit as presiding judge in cases involving the en- Georgia ______28, 792,0{)2 Oklahoma ______21,637, 304 forcement of that law? · · Idaho ______3,495,317 Oregon ______21, 973, 313 I ·not it a recognized pl"inciple of law that a judge who has pre Illinois ______260,944,632 Pennsylvania ____ _ 351,737,751 judged a case. or biased either for or against the accused in his court, Indiana ______49,809,541 Rhode Island---.-- 36,086,774 i disqualified to try such accused person? Jowa ______28,893,632 South Carolina ___ _ 26,032, 367 Did not the Supreme Court of the United · States, the highest judicial Kan as ______26,873,549 South Dakota ___ _ _ 3,648, 484 tribunal in America, if not in the world, only a few days ago reverse a 25, 091, 391 Tennessee______25,606, 805 dedslo.n rendered in a court where the presiding judge is alleged to LouiKenhlckY------·--- 'iana ______-_ 29,242,438 UtahTexas------______·-- _ 52,190,451 have been biased, had prejudged the case? Maine ______---- 14,459,568 7, 116,197 If Judge --- finds it difficult to enforce the national prohibition Maryland ______44,948,063 Vermont______4,803,370 law, is he not, and all like him who indirectly express sympathy with Massachusetts __ --- 214,058,413 Virginia______31,594,403 the accused, largely to blame? Do they put the guilty in prison. as Michigan ------~ 184,494, 520 Washington ____ .__ 29,221,005 the law authorizes and contemplates, or do they put the minimum fine, M!n!!CS?ta;------53,886,224 West Virginia ____ _ 35, 819,846 which is regarded as a mere license to continue at the old stand? ~fl s. JSSl P'I)l ______7, 244, 977 Wisconsin______57,131,042 · Would any law be r espected-even that providing for the punish Mis,sourL ______---- 86, 121, 595 Wyoming ______2,537 062 ment nf the highwayman, the murderer, the violator of the pure fo-od Montana ______3,925, 062 law-i.f judge upon the bench permitted themselves to publicly pro· Nebraska ______15,828,609 Total ______3,228,137,673 claim again t such laws as being too drastic, and giving aid a nd en couragement to the violators by c-ontenting themselves in a e . ing 11<1ICHlGAN SENATORIAL ELECTION. ~mall fines instead of imprisonment, as provided by law? Mr. REED. Mr. President, in view of the fact that the tate · As a matter of fact, with so many judges throu$hout the country I like Judge ---, who assume such an attitude or unfriendline s to ment has been persistently made that did not oppose the seat the Constitution of his country, and indirectly if not directly, ex-· ing of Senator NEWBEimY until after. the contest was over, I pressing sympathy for the violators of law, fail of their duty in giving desire to say that when the Newberry case was lodged with the the extreme penalties of the law-not only fi nes but impri onment are not those jud~es who thus fail of their duty largely respon.·ible for Committee on Privileges and Elections in January, 1919, as a the conditions about which they complain and e-ffect to deplore? member of the committee I assisted in passing the resolutions The way to stop crime is to puni h .the criminal. The criminal can which resulted in the presen·ation of the evidence and which not be punished without the judgeg, as well as executive officer and forced a tho1·ough investigation. I took an active part in the j•Jries, doing their duty. proceedings up to the time the question was taken from the Mr. President, I am not a fanatic about the Volstead la\T or general committee by reference to a subcommittee. any other law; but it seems to me that when a judge takes an When the subcommittee reported, I opposed the seating of oath to uphold the law it is his duty to do so without criticizing NEWBERRY in a speech made on December 21, 1921, which is Congress. reported in the CoNGRESSIONAL RECORD of that date. I also read an editorial from the Daily Oldaboman of January On January 11, 1922, understanding that the Newberry vote 27, 1921. It says: would occur on the following day, I journeyed from Boston for JUDGE ---'S (}UTBREAK. the purpose of throwing whatever strength I had against the It is surprising that any judge, especially a Federal judge, would be guilty of such an outbreak as that of United State district juuge seating of NEWBERRY. And on that day and before the vote I ------,Tuesday. An attack on existing laws such as that made made my second speech, to which I invite the attention of all bY bim would come with better grace fl'Om a ward politician than it who care to read it. does from a jurist whose sworn duty is to uphold the laws. " Repeal of the eighteenth amendment and other prohibition measures The third and last speech was made after the re olution seat· is necessary absolutely, or we will face a revolution that may destroy ing NEWBERRY had been passed. It could not have been well all tbe cherished in titutions of the country," said Judge ---. made before, for I sought to demonstrate that by adopting the "Men can not continue to obey prohibitory laws and retain their .iibert:v-and contentment of mind. resolution seating NEWBERRY those who had voted for it had "Many people believe that ncb a thing as a revolution in Amo:rica written their own condemnation. is imposgible, but I want to ·ay that it can come just as quickly and just as terrifying in our country as in Russia. Repressive laws will ADDITIONAL DISTRICT JUDGES. bring it about. The Senate, as in Committee of the Whole, resumed the con· "Thes.- thousands ("who formerly imbibed at saloons and clubs) vigorou ly resent the law that makes them criminals beca11se they Sideration of the bill (H. R. 9103) for the appointment of addi drink and as a result of being forced into drinking beverages manu tional district judges for certain courts of the United States, to factured from weird formulas, they are led into crimes that art} worthy provide for annual conferences of certain judges of United of the penitentiary." In the first place, it can not be granted that the presentation of facts States coutts, to authorize the designation, assignment, and ap as giv-en by Judge --- is a fair or accurate one. pointment of judge outside theii· districts, and for other pur- . There is no evidence to support his statement tha.t a revolution will poe. result if the eighteenth amendment and other prohibition measures are 1\!r. DIAL. Mr. President, I thought that I was O,Pposed to not repealed. It is not true that "men can not continue to obey prohibition law.s thi. kind of legislation on principle. It seems to me to be a and retain their liberty and contentment of mind." The great majority bad principle to follo'v-; and I think it brings the judiciary into of men are just as pro perou , if not more so, and just ag hap-py and disrepute, and certainly subjects it to great criticism. contented. if not more o, than when the liquor traffic was lega.lized. It is ridiculO'u s to declare, as Judge--- does, that thousands "are My relations with the bench have been Mng and plea ant, but being forced into drinl..'i.ng beverages manufactured from wehd for I am not mllch urpri ed that we have landed where we are mulas." Who is fordng them? These men are drinkingvile-b~Jotleg .-tuft now. I have thought for years that . orne of the judges did not of their own free will. Judge --- does not admit tllis, nor does be take the tl"ouble to point out that there are hundreds of thousand. of impose ufficient fines on _the lawless element to detet· them men '\Vho fonnerly drank liquor but who do not do so now and whose from violating the Ja"·· especiaJly since the prohibition law has health and bank accounts are far better as a 1"esult.

. I 1922. CONGRESSIONAL RECORD-SENATE. 5161

'ot only is Judge ---'s statement deplorable because of its in Mr. WALSH of Montana. Mr. President, will the Senator accuracy and unfairness, but also because it will have an effect of en com·aging men to violate the law. yield for a moment? It is the duty of judges to interpret and enforce the laws. They do Mr. KELLOGG. I yield to the Senator. untold harm w'hen they make declarations like that of Judge ---, 1\fr. WALSH of Montana. I do not see the Senator from which is bound to create a great disrespect and contempt for the law. It is not difficult to realize the delight with which moonshiners, boot Georgia [Mr. WATSON] here; but the particular section to leggers. and other yiolators of the prohibition laws will read Judge which I desire to invite his attention, showing no change in ---'s denunciation of the eighteenth amendment and supporting the present law as to judges appointed to serve within their mea ures. Nor is it stTetching one's credulity to believe that these criminals may say to each other: "The judge is with us," and that they circuits, is section l7 of the Code of Civil Procedure, which will break the law more frequently than before. reads as follows : It shall be the duty of the s~nior circuit judge then present in the Mr. President, as I said before, I am not a fanatic:; about the circuit, whenever in his judgment the public interest so requires, to enforcement of any law; but all laws ought to be ei~her enforced designate and appoint, in the manner and with the powers provided in or repealed. I feel that the farce of a judge imposing a little section 14, the district judge of any judicial ~strict within his circuit to hold a district court in the place or in aid of any other district bit of a sentence, and the defendant going practically free, judge within the same circuit. tends to increase crime. It tends to multiply that kind of cases, and hence it tends to create business in the courts, and therefore 1\Ir. ~LLOGG. Mr. President, I desir~ to say a few words that has had a great deal to do with bringing about the neces upon sections 2 and 3 of this bill. sity for more judges, if necessity exists. I have been disgusted I shall vote for the bill, but I shall not take the time of the to read in the papers where a fine of perhaps $25 was imposed Senate to discuss the necessity of additional judges. I should on these highwaymen-bootleggers. They go around and manu have preferred the original bill introduced by my colleague from facture this stuff, and are prepared to take life in selling it. In Minnesota [1\Ir. NELSoN], pro-viding for two judges in each cir my county some time ago one of the best policemen who ever cuit, but, as. the committee has seen fit to adopt this plan, I lived was shot dead by one of them ; so there is no· encom·age shall vote for the bill as it is. ment for officers to risk their lives in trying to enforce the law I am heartily in favor of sections 2 and 3, and quite agree unless the judges are going to enforce it. with the reasons given, as I understood them, by the Senator I realize that judges are appointed for life, and some of them from Montana for those pro-visions.· As the Senator said, so perhaps feel a little above any authority. I think the time has far as assigning judges within a circuit is concerned, the law come when the Attorney General ought to look into the enforce has not been changed. That can be done now by the senior ment of the law, and, if necessary, take such steps as may be re- circuit judge. I think experience has shown that the pro-vision quil·ed to do it. · of law as it now exists, and· the provision of law extending As I said, I thought I was opposed to this bill at the begin that to the second circuit, demonstrate not only the worka ning, and I think so ret. I think it would be much better to bility but the advisability of such a pro-vision. have passed a bill providing special judges at particular places, It is impossible to adopt a judicial system with judges in if they were necessary ; but, to my mind, a great deal of the each district in the country, with \arying amounts of business, pending litigation, or litigation that has been pending recently and have all of the judges busy within their districts all of or that will arise in the near future, is the result of the war, and the time. Take the eighth circuit, the largest circuit in the will not remain permanently; and therefore now, when the United States, comprising, I believe, 13 States, extending from time of economy is at hand, if the judges would work a little bit the Mississippi River to the Rocky Mountains, and south to harder they would get rid of these cases, and perhaps save the Oklahoma and New Mexico, including the latter States. It has people a good deal of expense. Howe>e_r, it seems that I am been found of very great value that the law provided-in fact, greatly in the minority, so much so that I concluded that I I doubt if the business of the circuit could have been done by would join the procession and offer an amendment for one ad the judges had not the law so provided-that the district clitional judge in South Carolina. judges might be assigned to other districts than those in which I was surprised at these figures when I looked over them. I they reside and for which they were appointed. find, briefly, that in Massachusetts-they speak of criminal I notice in the RECORD that the Senator froro North Carolina cases, I belie,e, as the star eases-in Massachusetts they are [Mr. OvERMAN] was -rery much opposed to this assignment of going to be given two new judges, and in one district there judges to other districts than those in which they reside. He they have 186 cases, I believe, and in another one 244, or some said: thing like that. That bill provided for roaming judges- In Pennsylvania, in the eastern district, they have 342 cases, Referring, I suppose, to the original bill. and this bill gives them another judge. In the western district it provided that a judge from North Carolina might be ent to try they have 450 cases, and they are given another judge. cases in Oregon, althou~h the North Carolina judge does not know any Down llere in South Carolina, in the western district, where thing about the laws m Oregon or the conditions in Oregon or the I happen to live and where we ha>e only one judge, there are methods of life there. 416 cases, so we are more lawless than I thought; so certainly, Mr. President, there is not much more difference between under the schedule we have fixed, there is no question in the Oregon and North Carolina-although it is not likely that a world that we are entitled to another one, and I rather think we judge will be sent from North Carolina to Oregon-than there are entitled to two·. I will not be hoggish, however, and I will is between Oklahoma and l\linnesota. The two States are a ask for only one piece of the "pie" that the Senator from North little farther apart, but the Senator forgets that the questions ·Carolina· [l\Ir. OVERMAN] speaks of, and just ask them to give usually passed on by circuit and district judges are not particu me one judge. · larly local, and that the practice, so far as equity is concerned, In the other district we ha\e 316 cases. In the western is uniform in all the circuits and in all the district . I doubt district though. where I live, a little nearer the mountains, very much if, in the assignment of judges heretofore, that has where they make a little brew, there are 416 cases; so, clearly, been an objection in any degree whatever. In fact, I think the under this plan we will ha>e to have one. Otherwise, Senators judges who have been sent to the State of New York, the will not be consistent, and I hope they will not treat me that second circuit, which I believe is the only circuit to which they way. may be assigned at this time, have been very. satisfactory, and In Texas, in the western district, the bill gives them another the practice has been approved ·by the bar and the judges. There judge, though they have only 279 cases. They are not entitled is no more difficulty in sending a judge from the seventh to the to one nearly as much as we are. · eighth circuit or from the eighth to the ninth circuit than there In ~Iichigan, in the eastern district, the bill gives them an is in sending a judge from one State to another within the sam.e other judge, though they have only 378 cases, and they are not circuit, especially one as large as the eighth circuit. entitled to one nearly as much as we are. This is a system designed to obtain the disposition of the In Missouri you had already given them one additional maximum amount of bu ines by the same number of judges, judge in a district where there were only 257 cases; and after because it is inevitable that some of the judges will not have li tening to the Senator from Missouri [Mr. REED] the other work enough in their di..tricts. Take the State of 1\Iinnesota, day, you gave the other district, with only 170 cases, another for instance. For years the judge in North Dakota has not had judge. According to that, we ought to l1ave about three more enough to do, and he has been assigned a gt·eat deal of the tiJne in South Carolina; but I am not going to be expensive in these in aiding in the large business of the State of 1\Iinnesota. So hard times, and I am just sending up an amendment which I with South Dakota and many other districts. will offer, and I hope it will be unanimously agreed to. I do not see any reason why that system should not be applied Mr. CUMMINS. 1\fr. President, a point of order. There is to the circuits as well as to the districts within the same cir an amendment pending. is there not? cuit. I was at the bar for nearly 40 years in my State and had The VICE PRESIDENT. There is. some e::qJerience in the circuit and di trict courts o>er the entire Mr. KELLOGG obtained the floor. circuit and in other circuits, and I haYe ne>er heard any objec- 5162 CONGRESSIONAL RECORD-SEN ATE. APRIL 7, tian 1·ai!!ed to the as ignment of judges within the circuit to out. Under the present provision, as construed by the Senator help out judges overburdened with work. ·from Montana, the Chief Justice can only uesigna e a judge to Mr. OVERMAN. Let me read just a paragraph from a letter a district named by the judge of the circuit, and can only of one of the wise t and ablest judges of this country. designate a judge from another circuit upon the certificate of 1\.Ir. KELLOGG. I have no objection to the Senator reading it. the circuit judge of that circuit that he can spare him, so all Mr. OVERMAN. This judge said: the information the Chief Justice requires is these two cer~ I think the power conferred upon anyone, no matter how great, wise, tificates from one circuit that he is needed and from the other or patriotic, to senti judges into our States and districts, unkQ.own to circuit that this particular judge can be spru·ed from that our people, unfamiliar with our ways, standards of life, manners, con ditions, etc., would be exceedingly unwise and dangerous-would tend circuit. Therefore, why does he want a conference of all the to bring the Federal judiciary into antagonism to the people, weaken senior circuit judges of the United States? - the confidence in their administration of justice, and result in other Mr. KELLOGG. Mr. President, ·I had already stated that unfortunate and unhappy conditions. fact, but presumably if the Chief Justice is going to make the Mr. KELLOGG. All I can say is that the judge who wrote assignment he ought to have some knowledge of the subject. that letter has probably overlooked the fact that assignments Mr. WALSH of Montana. Let me make an inquiry. Of can now be made within the same circuit. The judges may he course, these conditions change. At this annual conferE:-nce, sent from one State to another, and it has worked well. I have how can the situation be met? The year being half over, there never before heard any complaint of it anywhere in the United is an accumulation of business in a district, and a judge sends States. Certainly it has enabled judges in the different circuits word to the senior circuit judge, " I can not do the work here. to transad the business more expeditiously than it was possible I am overwhelmed. Give me another judge." The senior cir to do in any other way. cuit judge says, "I have not a judge in my circuit I can send to l\fr. GmThHNS. May I interrupt just long enough to repeat you, but I will send to the Chief Justice to see what I can do." what the Senator from Minnesota said a moment ago-that a The Chief Justice surveys the field and thinks he can find a district judge can now be sent from Minnesota to Utah-and cer judge somewhere else, in so.me other circuit, and he cqmmuni tainly there is as much difference between the habits and cus cates with the senior · circuit judge there, and that judge says toms of the people in those two communities as in any two he can let the judge requested go. How at this annual confer districts. ence can this necessity for a judge somewhere during the course Mr. OVERMAN. I know what the law is; but I am speaking of the year-be anticipated? What can they do which would not of the policy and the principle. be met as the situation arises? Mr. KELLOGG. The principle has worked well within the 1\ir. KELLOGG. Mr. President, the business in each district circuits. does not radically change in a month or two. If the Senator 1\fr. OVERMAN. I do not know whether it has or not. will take the statistics year after year, he will find that the Mr. KELLOGG. I have had some experience along that line, business iri one district, unless its disposition is affected by the and I am sure it has. I do not see any reason why that same illness of the judge, or his inability to attend to his duties, does principle should not be applied in sending a judge from one not suddenly double or treble, or suddenly fall off to 25 per circuit to another. Of course, naturally, judges will not be sent cent. I do not see why the Chief Justice should not be in to the same extent from one circuit to another that they have formed from year to year of the general trend o.f the business been from one district to another inside of the circuit; but it in the districts, and by consultation with the senior circuit was found necessary to do it in New York, and judges have judge of each circuit annually he may keep informed as to the been found who could spare the tinie to go to New York to conditions of the business not only in the va1ious circuits but in help out in the great accumulation of business in the second the various districts. I can see no harm in the provision, and circuit. it seems to me a very wise one. I notice objection has been made to section 2, which provides Mr. CUMMINS. May I make a suggestion at this point? for a conference of the senior circuit judge of each circuit with Mr. KELLOGG. I yield to the Senator from Iowa. the Chief Justice of the United States in 'Vashington once a Mr. CUMMINS. The Senator from Georgia inquired a few year. The provision in relation to the dutie of this conference moments ago of the Senator from Montana as to the propriety is as follows : of leaving the selection of judges to be assigned within circuits Said conference shall make a comprehensive survey of the conditions entirely within the discretion of the circuit judge. The very of business in the courts of the United States and prepare plans and schedules for the assignment and transfer of judges to or from circuits information which the senior circuit judge should have in order or districts where the state of the docket or the condition of business to make dE:-signations within his own circuit is contained in indicates the need therefor, and shall submit such suggestions to the secton 2, which the Senator from Montana eeks strike out. various courts as may _seem in the interest of uniformity and expedi to tion of business. It provides, on page 11 : I do not see any objection to that. As the Senator from It shall be the duty of the senior district judge of each district court of the United States to make, on or before the 1st day of August of l\1ontana [Mr. WALSH] said, in order to assign a judge from each year a report to the senior circuit judge as to the condition of the one circuit to another, there must be the certificate of the business in his district and a recommendation as to what additional presiding justiee of the circuit from which the judge is taken, judidal force, if any, is needed to dispose of the business of such dis trict with reasonable dispatch. It shall not be sufficient for him merely the certificate or request from the presiding circuit justice to state in his report the cases as shown upon the docket of the court, of the circuit to which the judge is to be assigned, and the but after investigation, he shall express hi best judgment as to the order of the Chief Justice assigning him. Heretofore there condition of business existing or likely to arise in his court during the has not been the necessity for section 2 as there will be under ensuing year. this bill, because there has been only one circuit under the It is .made the duty of the senior cireuit judge, under the bill, law to which judges outside of the circuit could be assigned, to bring this report of the district judge to the conference, so and that was the second circuit ; but if the judicial force of that not only has the senior circuit judge in that way all the the United States is to be made most effective and transact information he possibly can have with regard to affairs in his tlle most business, the Chief .Justice and the presiding justice own circuit, but he acquaints all the remaining circuit judges of each circuit must be informed as to the necessities of judicial of the conditions in his circuit, so that there ean be an intelli aid in the various districts and circuits of the United States, gent distribution of the judicial force. and if the Chief Justice can, by having a meeting with the Mr. SPENCER. Mr. President-- circuit judges, review the business, obtain the statistics of the . The VICE PRESIDENT. Does the Senator from Minne ota Department of Justice, and see what the necessities in each yield to the Senator from. Missouri? district and circuit are, so that he may be informed when he is Mr. KELLOGG. I yield. requested to make an assignment from one circuit to another, Mr. SPENCER. I appreciate the force of what the Senator it seems to me it will be very helpful and very u eful. from Montana has just said about the inability of any confer Why hould that not be done? · If the Chief Justice is ap ence of the circuit judges with any particular intelligence to pealed to to make an assignment to-day from the eighth circuit forecast the business of the coming year. I see the force of or the seventh circuit to the second circuit, he has to inquire that, but to my mind one of the great advantages of such a con as to tlle state of business in New York, in the econd circuit, ference is the getting together of the judicial machinery of the he has to inquire as to the state of business in the seventh United States in conference with the Chief Justice and the Ole eighth circuit, from which the judge is to be taken, and as Attorney· General regarding the judicial business of the next to the state of business in the particular district, and if he year, as well as of the present year. has that information before him in a general way he can act The Senator from Montana knows better than I that the very much more intelligently. judicial business of the United State is largely administrative. Mr. SHIELDS. Mr. President, the Senator seems to have There is a bu iness side to it as well as the law side. There · overlooked ·the provisions of the bil1. There was very broad are practices in the different cireoits which are commendable. power given the Chief Justice as to making the assignments, There are some that could be improved. Both are remedied by but the bill has been amended, and that part has been stricken conference. It seems to me there is tery great advantage when 1922. CONGRESSIONAL RECORD-SENATE. 5163 I the circuit judges of the different circuits of the States get to- and G1obe. The distance by rail from Prescott to Globe is 497 gether once a year to discu s the method of transacting busi- miles. It will thus be ob erved that the distance between Pres nes the state of their dockets, the things that have proved cott and Globe is about the same distance as from Washington adv~ntageous, the things that have proved disadvantageous. to Cincinnati or from Washington to Portland, Me. Litigants The resultant of it all is a distinct benefit to the a.dministra- and witnesses are frequently required to traverse. the entire tioo of jllStiee, and that is precisely what the confeTence pro- dista.n~e-497 mile.s-to reach the place where court is held, and vid s for. court IS held as directed by statute. In some instances a term Mr. W .ALSH of Montana. Mr. President, will the Senator is suspended at one place while the· judge travels to another from Minnesota yield to me for a remark? place upon its business, after dispatching which he returns to 1\!r. KELLOGG. I yield. the former J?laee, completes the business there, and then :~;e. , Mr. WALSH of Montana. I was not unmindful of the pro- turns to· the latte1· place and- dispatches the business there. in vision to which referenee has now been made by the Senator this connection it should be remembered that a grand jury must from Iowa [Mr. GuMMrNs]. I was looking for it and was of be assembled in each plac.e twice a. year. Thus it will be ob~ th impxe hm that the pa:trticular provision was found in a served that the present judge convenes eight grand juries each later portion of the bill. It is one highly to be commended, in year. m~ judgment. It is a very wise provision. I should like to One-third of the copper produced in the" United States is see it retained. l was proceeding in my discussion upon the mined and melted' in the State of Arizona, its Indian popula assumption that it would be retained. tion is greateT than that of any other State excepting Okla- But the report having been made by eaQh d:i'st1ict judge con- homa, and the area wllich is included within forest, Indian, and cernillg the condition of his business and the report having been other reservations under the jurisdiction of the United States made by the enior circuit judge of the circuit, we liave a com- courts" is larger than that of any other State. plete re\tiew of the business and that being laid before the Mr. President, much- has been said about the political effect of Chi~ Justice he will be in a situation very easily. to determfue this proposed legislation. I hope I have not reached, and: I trust where to loolr for a judge whenever he· is appealed' to. 'Fne I may never reach, the' point where I would vote either for or provision, it eems to me, dispenses entirely with the necessity against an additional judgeship for political effect for the conference. If the neeessity for an additional district judge for Arizona. Mn. KELL0GG. I do not think so. I think the provision as existed. w.hen Woodrow Wilson was: President, and it did exist, to conference will be a wise· one and will be just. We must that necessity has not diminished, but rather has increased. al'so remembec that the SupTeme

for which I ask your . upport, in the name of the people of my Sta.te The VICE PRESIDENT. Without objection, the Secretary was. dr~wn by the utility commission. a majority of which i Demo: will read a requested. ~~~~~· It has been introduced by a Republican, Congre&,Sman BACHA- Tb reading clerk read the letter, as follows: Respectfully, E. I. EDWARDS, Govet'twr. ExECUTIVE 0FFICI!I, STATE HOUSE. Plwer/A(l), Ariz., March 20, 19g2, Mr. S~IELDS. Mr. Pre ident, under the unanimou -consent Bon. HENRY F. A HCRST, agreement the Senate will begin to vote in about 30 minutes. Unitecl tates Smwtot·, Wa hingto-n, D. 0. Therefore, I will not be able to discuss the conditions in any MY DEAR SEXA.'.rOR ASHURST: There ha recently been called to my attention by Governor Edwards, of New Jersey, House Resolution No. particular district at length and shall not attempt to do o. 10212, relative to the as umption by Federal courts of jurisdiction in There are several other Senators who desire to be heard in the fixing of rates of public-utility corporations doing only an intra respect to various item. in the bill, and, on that account, I am state business. Upon receipt of Governor Edwards's letter, copy of which I am going to be as brief a po sible in my remarks. inclosing herewith, I referred same to the Arizona Corporation Commi~ The Senator from Arizona [Mr. ASHURST], evidently eeing . sion and am to-day in receipt of copies of a formal resolution adopted the "~eakness of his case, has supported it by an argument be by the commi sion, which I am transmitting herewith. I feel sure that you will agree with me that this is a matter of the fore It was attacked, and I presume he has invited attack. A greatest importance to the States, and I sincerely hope that you will, motion can yet be made to trike the Arizona item from the after you have had opportunity to familiarize yourself with this pro bill, as the case has been fully stated. All I have to say in that po. ed legi lation, ee fit to give it your earnest support. I can not but feel that the a sumption by the Federal courts of jurisdiction in the regard is that in this general omnibus bill the ca e of Arizona fixing of rate to be charged by utility corporations doing only an in is the weakest one presented. trastate - b~siness would, if it became generally effective, constitute a I believe that the statistics set forth in the Attorney General's very erious violation of the overeignty of the States. report show that the judge of the district court in Arizona only . Sincerely yours, THOMAS E. CAMPBELL. tried 160 cases Ia t year. Mr. ASHURST. l\1r. President, I know the Senator does not Mr. CU.UMINS. Mr. President, will the Senator yield to me de ire to create a misapprehension. I read from the Attorney for a moment? General' report, which shows that 714 cases were disposed Mr. ASHURST. I yield to the Senator. Mr. CUMMINS. The Senator from·Arizona understands that of in 1920. an additional judge is provided for Arizona in the pending bill, Mr. SHIELDS. But, Mr. President, those figures represent and I have not heard of anyone who bas any notion -or desire to cases where pleas of guilty were filed, cases in which the entry nolle prosequi was entered, and so forth. strike it out. There are contested items upon which I think some of the Senators de ire to be heard. I do not wish to at l\fr. ASHURST. They were cases prosecuted in which final judgments were entered. · tempt to abbreviate the remarks of the Senator from Arizona, Mr. SHIELDS. The judge in Arizona does not try any such but we shall begin to vote without further debate at 4 o'clock. 1\:lr. ASHURST. Mr. President, the Senator from Iowa is number of cases, and does not have that many to decide, as the one of the few Senators whom I would permit to tell me to record here bows. The Senator from Arizona l1as merely over looked the facts. The number be ha stated represents the num quit talking. ber of cases termin~ted; but in all of the Jj'ederal courts about 1\Ir. CUl\11\HNS. I do not intend to be impertinent at all, three-fourths of the criminal ca es are nolle prossed or pleas but there is a real necessity. of guilty are entered, and that is the case in th court in 1\Ir. ASHURST. I will yield the floor, but before doing so I Arizona. ask unanimous consent to include in the RECORD a letter from Mr. President, I wish to refer briefly to the amendment ub Governor Edwards, of New -Jersey to Governor Campbell, of mitted by the Senator from Washington [1\.fr. PoiNDEXTER] Arizona, upon this same ubject. providing an additional district judge for the western di trict The VICE PRESIDENT. Without objection, the letter will be of Washington. That district presents as good a ca e as s·ev printed in the RECORD. eral already in the bill, but it is utterly without merit. The The letter referred to is as follows : Senator from Washington dwelt very much upon the splendid FEBRUARY 20, 1922. resource of his State. While neYer was in that State, ac Hon. THOMAS E. CAMPBELL, Govet'11or of Arizona, Phoe;ni(l), Ariz. cording to my information he i correct in every statement, but MY DEAR GovERNOR : A bill, known' as H. R. 10212, has been intro the people there do not litigate concerning everything they duced in the House of Representatives, Washington, by Bon. IsAAC have. BACHARACH upon the request of the Board of Utility Commissioners of The Senator referred to the number of admiralty ca e . The this State. The objeet of the bill is to take from Federal, district, and circuit fact is that there were only 55 admiralty ca e brought in that judges the jurisdiction to fix rates for utility corporations doing only district, and 43 of them were compromised or dismissed, leaving an intra tate busines . only 12 t9 be tried. The Senator also referred to the great In New Jer ey, until recently, we had supposed, as doubtless the people of your State suppose, that the regulation of the rates of the amount of prohibition busine a1ising becau ~ e of the proximity utility corporations of the State was a purely State function and be of British Columbia. It i hown by the statistic , however, longed to the legislative branch of the Government. That there could that there were only 75 prohibition cases pending on the docket be such an assumption of powet· by a Federal judge as to a rate for an intrastate utility was con idered impossible, but the impossible has in the western district of Washington. happened in New Jer ey. A Federal court has authorized the utility What was the total number of cases tried by the two judges corporation supplyin~ two-thirds of our population to increase its rates. in that district? During the last fiscal year the number of This was done, notwithstanding the fact that our public utility commis cases tried was 272, or 136 apiece. How many ca es are pend sion bad already granted an increase in rates to the utility; that the utility in question bad the right of appeal to our State courts and ing there? According to the report of the Attorney General, 607 thence, if desired, to the United States Supreme Court, in any one of are pending, to be dispo ed of by two judge , or 300 apiece; and, which courts every right that it had would have been safeguarded. according to all of the statistics, at least two-third of them It saw fit to repudiate the established pt·ocedure for review of the commission's decision through the State courts and resorted to a will go off on plea of guilty or will be di..,mi ed. I shall not F,ederal judge with the result above stated. · The evidence before the dwell further upon the situation in the western district of commission, consi ting of some 14,000 pages, was not admitted and the \Vashington. • · court decided that the utility was entitled to increased rates after a bearing of a summary character. Mr. President, I do not care to discuss further the propriety What has happened in rew Jersey will doubtless happen in your of striking out section 2 of the bill. I shall modify my motion to State and every other State. I am informed that the utilities through strike out the entire section, and will move n{)W-- out the country are watching this case in New Jersey with the inten tion of following the example of the utility corporation here in the The PRESIDING OFFICER (Mr. FERNALD in the chair). endeavor to transfer from the State boards and State courts to the The Chair will inform the Senator that there is already an Federal judges the jurisdiction over rates for State utilities. If that amendment pending, being that offered by the Senator from effort succeeds, in my judgment, State sovereignty will have been dealt the most serious blow it has ever received. Washington [Mr. PoiNDEXTER]. · May I not ask you to lend all the help you can to secure the passage Mr. SHIELDS. I shall not a~k to have my motion dispo. eel of of this bill. Already your public service commission ha been com now, as there is a pending motion ; but I am going to modify it municated with regarding the matter by our commission. I would so as to exclude from the section line 22, 23, 24, and 25, on page respectfully ask that you take it up with your Representativ~ in Congre s. The matter is of such great importance, to my mind, that 11, and lines 1 to 8, inclusive, or part of line 8, on page 12, there should be a concentrated effort by all the States to secure this being the provision for the diRtrict judges to make reports to legislation. the senior judges of their circuits, which is entirely in line with No partisan political considerations influence this appeal to you. The utility commi sion, whose matured decision was ovet·ridden by the the argument I now propo e to make in regard to striking out Federal court, was universally proclaimed to ~ of the highest char section 3. · acter, both as to ability and fairness. The Stale pays the judges of l\Ir. WALSH of :1\Iontana. Mr. Pre ident, I sug(l'est to the our supreme court, which bas the power of review of the commission's decisions, salaries which attract to that bench the ablest lawyers in the Senator that the word "y<:-ar," in line 8, is the only one in that State, and the learning of that court is exceeded only by its sense of line that he ought to take out justice. The people of our State, without regard to party, do not want Mr. SHIELDS. Ye ; I said 'part of that line." It ends with \)Ur legi. lature and our courts deprived of their functions in utility rate uses. As an indication of this, I may point out that while the bill that sentence. 1922. CONGRESSIONAL RECORD-SEN ATE. 5165

Mr. W.ALSH of Montana. Lines 1 to 7, inclusive, and the tifica~e o~ t~e cle.rk, under the seal of the court, to any circuit judge of fir t word in line 8. !he CirCUit m W~Ich. th~ district lies, or in the absence of all the circuit l\1r. SHIELDS. Yes. Judges. to .th~ circuit J_ust~ce of the circuit in wltich the district lies such CirCUit JU~ge .or Justice ma1 d~ s ignate and appoint the judge of Section 3 of this bill provides for the designation of judges a~y ?ther district m the arne cucmt to have and exercise within the from one circuit to another circuit, or, in other words, without diStnct first named the same powers that are vested in the judge thereof. Each of the said district judges may, in case of such appoint the circuit. \Ve have already upon the statute books provisions ment, hold separately at the arne time a district court in such district for the designation of judges in cases of emergency and dis· and discharge all the judicial duties of the district judge therein. ability of judges, which, I think, are ample to meet all the neces- SEC. 15.. If ~ll the circuit jud""es alld the circuit justice are ab ent frotP the c~rcmt, or are unable to execute the provisions of either of the sities of the case. This bill only connects up the Chief Justice two precedmg sections, or if the district judge so designated is disabled with this designation, and is wholly superfluous, unnecessary, or neglects to hold the court and transact the business for which he is and confusing, and connects the court of last resort with the designated, the clerk of the district court shall certify the fact to the Chie~ Ju_stice of the UnJted States, who may thereupon de ignate and trial courts in the administration and trial of their cases or in appomt m the manner aforesaid the judge of any district within such pror'iding judges for the districts-a thing that is bad policy Circuit . or within any other circuit ; and said appointment shall be in any cru e. It ought to be limited as much as possible, and I transmitted to the clerk and be acted upon by him as directed in the preceding section. am opposing its extension by the present law. . SEc. 16. Any such circuit judge, or circuit justice, or the. Chief Jus Before I read the present law, as I am going to do, I wish tice, as the case nray be, may from time to time, if in his judgment the to call attention to one very material difference between the public interests o require, make a new designation and appointment of any other district judge iu the manner, for the duties, and with the present Jaw and the proposed statute in lieu of the present law, powers mentioned in the three preceding sections, and revoke any previ and that is that these district judges, without their-consent, are ous designation and appointment. sent from circuit to circuit far from their homes. I think that Smc. 17. It shall be the duty of the senior circuit judge then present in the circuit, whenever in his judgment the public interest so requires, ·i a very unjust modification of the present law. There is no ~o designate and appoint, in the manner and with the powers provided limit to the time when these judges may be designated to an m section 14, the district judge of any judicial district within his cir other State, another circuit, from coast to coast, and fi·om the cuit to bolurt are to be held at one place The senior Senator from Virginia [Mr. SwANSON] is neces only, the city of Santa Fe, the capital of the State, and I sub sarily absent, and I agreed to take care of him for the day with mit that in a State 350 miles wide and 400 miles long the courts a ·pair. I find, however, that I can transfer that pair to the 1922. CONGRESS! ON AL RECORD-SEN ATE. 5167

senior Senator from Pennsylvania [Mr. Caow]. I make that Mr. DIAL. Mr. President, I desire to offer an amendment ... transfer and vote " yea." to the amendment of the committee. Mr. KELLOGG (when his name was called). I have a gen The VICE PRESIDENT. The Secretary will report the eral pair with the senior Senator from North Carolina [Mr. amendment to the amendent. SIMMON ] . I transfer that pair to the junior Senator from The Assr TANT SECRETARY. On page 14, line 3, in ert: Maine [Mr. HA~] and vote "nay." Every judge shall reside in the district or circuit or one of the l\lr. KE~"DRICK (when his name was called). I have a districts or circuits for which he is appointed, and shall devote hi. time to the dutie of his office. and shall not engage in any other general pair with the Senator from Illinois [Mr. McCoRMICK]. employment for which he rt>ceivN; · compensation ; and for offending I transfer that pair to the Senator from Alabama [Mr. against the provisions of this section hall be deemed guilty of a high HEFLIN] and YOte "nay." misdemeanor. Mr. OVERMAN (when Mr. SrM?r£ONs's name was called). I On a division the amendment to the amendment was agreed to. wLh to announce that my colleague is detained on important Mr. OWEN. Mr. President, I offer the following amendment. busine . He has a general pair with the junior Senator from On page 18, after line 5, I move to in ert the following new Minne ota [Mr. KELLOGG). section: · 1\fr. ~IcNARY (when Mr. STaNFIELD's name was called). I SEC. 5. Ad(} to ·ection 101 of the Judicial Code the following: wish to announce that my colleague [Mr. STANFIELD] t de " Terms of the di trict court for the westt>rn district shall be held at tained on public business. Pawhuska. on the first .Monday in October: P1·ovided, That suitable Mr. STERLlliG (when his name wa called). I h·ansfer room and accommodations for holding court at Pawhuska are furnished free of expen e to the Unitt>d States." my pair with the Senator · from South Ctrrolina [Mr. SMITH] to the junior Senator from Ohio [l\Ir. WILLIS] and vote "nay." There are a very Jarge number of cases which arise in this l\lr. SUTHERLAND (when his name was called). I haYe a particular ·ection of the Stat~ general pair with the senior Senator from Arkansas [Mr. Mr. CUl\11\HN . Mr. President, I demand the regular order. RonrNso ~] . I tran fer that pair to the junior Senator from The VICE PRESIDENT. Debate is not in o1·der. The ques Oregon [1\fr. STAXFIELD] and \Ote "yea." tion is on agreeing to the amendment offered by the Senator Mr. \VALSH of 1\lontana (when his name was called). I from Oklahoma to the committee amendment. ha-ve a general pair with the Senator from New Jersey [Mr. The amendment to the amendment was rejected. FRELI~GHU1SEN], wli.o i~ ab ·ent. I am unable to obtain a Mr. BURSUM. I offer the amendment which I send to the transfer and therefore withhold my Yote. If at liberty to vote desl(. I would vote "na~·." The VICE PRESIDENT. The amendment to the amendment Mr. W AT. ON of Georgia (when his name wa called) . I will be stated. have a general pair with the Senator from Penn ylmnia [Mr. The A . IST NT SECRETARY. On page 10, line 19, after the PEPPER]. On this question he would \Ote as I hall vote. and I words "Oklahoma, one." in ert the following words: " and therefore am at liberty to vote. I \""Ote "yea." for the district of New Mexico, one." Mr. WILLIA:\1S (when hi name was called). I have a l\Ir. BURSIDl. I ask for the yeas and nays. general pair with the Senator from Indiana [l\lr. WAT oN], The yeas and nays were ordered, and the reading clerk pro who i unavoidably ab ent from the Chamber. I do not know ceeded to call the roll. how that Senator would vote if be were prese-nt. and therefore l\Ir. DILLINGHA.l\1 (when hls name was called). Making the do not feel at liberty to Yote my elf. If I could vote I would same announcement· as before with reference to my pair and vote "nay." its transfer, I vote " nay." The roll call wa concluded. Mr. JO~ES of Washington. (when his name was called). I l\ir. NEW. I ha-ve a pair with the junior Senator from Ten am paired for the day witll the senior Senator from Virginia nes ee [~1r. l\IcKELLAR]. Not knowing how he would vote on [Mr. SW.A!.\'SO~] and therefore withhold my vote. this question I withhold my Yote. If permitted to vote I would l\Ir. KELLOGG (when hi· name was called). .Malting the vote "nay." same announcement a before as to the tr~nsfer of my pair, I Mr. UNDERWOOD (after having voted in the neO'ative). I vote "nay." ha\""e a general pair with the enior Senator from l\i~ ·achusetts l\Ir. KE .~.'DRICK (when his name was called). Making the [Mr. LoDGE]. l transfer that pair to the enior enator from same announcement as before a to the transfer of my pair, I Rhode Island [Mr. GERRY] and let my vote tand. vote "nay." Mr. TRM1l\IELL (after having yoted in the negati\e). My Mr. 1'.'E1V (when hi · name wa: called). Repeating the an attention has been called to the fact that my pair, the Senator nouncement made on the pt·evious vote, , I withhold my vote from Rllode Island [Mr. CoLT] is ab ent. Under tho ·e circum because of my pair. stances I withdraw my vote. If permitted to vote I hould Mr. STERLING (when his name was called). Making the vote "nay." arne qnnouncement as to the transfer of my pair a on the Mr. CURTIS. I wish to announce that tlle Senator· from former Yote. I Yote "nay." Delaware [Mr. DU Po'S"T] is paired with the Senator from Mis Mr. SUTHERLAND (when his name was called). Making ouri [Mr. REED], and that the Senator from New Jer ey [Mr. the arne announcement as before with reference to my pair EDGE] is paired with the Senator from Oklahoma [Mr. OWEN]: and its transfer, I vote 'l nay." · The result was announced-yea 24. nay 35, as follows: 1\It·. 1YALSH of Montana (wllen hi. name was called). I YEAS-24. make the arne announcement as on the preceding vote as to my A hurt Fernald Myer Sheppard pair. Not being able to secure a transfer, I refrain from Broussard France Nichol ·on Shortridge YOting. Bursum Harris Oddte Spencer Mt·. WATSON of Georgia (when his name was called) . I Cameron Johnson . Pa~e Sutherland Caraway Jone . wa ~ h. Pomdexter Watson, Ga. have a general pair with the Senator from Pennsylvania [Mr. Rlkins McLean Pomerene Weller PEPPER]. Not knowing how he would vote on this question if NAYS-35. present, I withhold my vote. Ball Hitchcock McNary ShleJds Mr. WILLIAMS (when his name \Vas called). I have a gen Capper Kellogg Moses Smoot eral pair with the senior Senator from Indiana [:\lr. WATSON], Cummins Kendrick Nelson Stanley Curtis King Norris Sterling wllo is unavoidably absent. I do not know how he would vote Dial Ladd Overman Underwood if oresent and therefore have no right to vote. If I were at Dillingham La Follette. Phipps Wadsworth liberty to vote, I should vote "nay.'' Fletcher Lenroot Pittman Walsh,Mas. Goodin'g McCumbt>r Ransdell Warren The roll call was concluded. Harrison McKinley Rawson Mr. UNDERWOOD (after having voted in the affirmative). NOT YOTIN~37. I have a general pair with the .,enior Senator from Massachu Bornh Gt>rry New Swanson setts [Mr. LoDGE], who is absent. I understand he will be ab nraudegee Glass Newberry Townsend sent for the day. I transfer my pair with him to the Senator Calder Hale Norbeck Trammell Colt Harreld Owen Walsh, Mont. from Rhode Island [l\Ir. GERRY] and ask that this announcement Crow Heflin Pepper Watson, Ind. may stand for the day, in order that I may vote on othel' roll Culberson Jones, T. l\Iex. Reed William calls without again making the announcement of my pair. duPont Keyes Robinflon Willi Edge Lodge Simmons . Mr. TRAMMELL. I have a pair with tlle senior Senator Ernst .l\tcCormick Smith from Rhode Ishind [Mr. CoLT]. Being unable to obtain a trans~ ...Frelinghuy en McKellar Stanfield fer upon this question, I must with!iolcl my vote. So Mr. Poi ""DEXTER's amendme-nt to the- committee- amendment The reading clerk ha-ving re-capitulated the vote. tb.e result was rejected.. .was announced7-yeas ·32, nays 32, _as follows : LXII--32G 5168 CONGRESSIONAL RE

YIDA.S-32~ M.n. TRAM~IELL ( whem his. name was called). · Making. tbe. 'Ashurst France McKinley Poindexter. same announcement with regard to my pair as on the last ·vote Broussard Gooding Mcf..ean. Pomerene I withhold .ml;' vote. ' • B'ursum Fiarri ' McNat'Y' R.awsan ~ Mr. \V ALSR o.L Montana (when. his name was called) . I am Cameron Harrison Myers Shepparo Caraway J-ohnson Nicholson Shorti:idg_e· advised that the Senatoll fr.om New Jersey. [MI.:. FRELI ... GHUY Elkins JQn·e , N. Mer. Norbe-ck Sperrcer SENJ, with whom I have a gen..eral p.a:ii:, if pre ent would. vote: F-ernald. lie}'. Oddie Unde:~:wood , as I am a-bout to vote.- I accordingly vote" nay." · Fletcher. Ladd Pittman Weller . NAYS.-32.; Mr. WATSDN of Georgia (when his name was called). I have a general pair with the. Senator :fl:om. Pennsylvania: [Mr. BaU. Harreld Moses Smoot Borah Hittfi·cock Nelson 8-tmrley PEPPER]. Not knowing how he would vote on thiSI question it: Ke1logg Norris Sterling Cai{Ier Sutherland present, L withhold my vote.. · · ' · Ca-pper Kendrick Overma.n. }\llr. WILLIAMS. .Repeating the Cummins King. P:rge Town.send (wh~n, his . n.a.m~ · ' w.ll;S ~. c~q) . 1 · ; CurtiS' La•FoH.ette> Phipps Wadsworth statement. about my. pau made on -th-e iast roll ca:Il, I announce Dia-1 Lenroo Ransdell. Walsh; Mass" 'that if I were at liberty to vote I should vote" nay." McCumber Shields Warren Dillingham The roll. call was. concluded~ NOT VOTING-32. Mr. OVERMAN~ I agaiTh announce that my colleague, [l\fr. Brandegee Ge.rcy New Stanfield Colt Glass- ewbellry Swa:n.son SIMMONs] is paired with the junior Senator trom. :hlinn-e ota Crow Hale Owen- Trammell [Mr. KELLOGG]. 1\Iy. colleague is unavoidably absent from the Culberson Heflin Peppel: Walsh; Mont. duPont Jones, Wash. Reed Watson, Ga. city. I ask that this announcement may stand for the ,day. Edge• Lodge Robinson Wa.tson,_lnd. The result was announaedr-yeas- 14,. nays. 52, a.S foliows: Ernst McCormick Simmons Williams Frelinghuysen McKellar Smith Willis Yllld.S~14. Broussa-rd: Dial' IIarm . Sheppard · The VICE PRESIDENT. Tlre amendment of the Senator from Bursum- Elkin& Harrison Underwood ... ~ew Mexico ru:r. BURSUM]' to the amendment of·the committee Cameron Ji'ernald. J<>nes, . . MeL is· rej-ected·. · Caraway ~~ranee ~r-yers l\lr. BURSUM. I a k for a 1:ecapitulation of the vote just NA.Y8-52. taken. Ashurst .Tohnson Nelson Shields The VlDE PTIESIDENT. The· Secreta.Ty will rrecapitulate the Ball Kellogg- New Shortri-dge Borah Kendrick NichoL~n Smoot vote. Calder Keyes Norris Spencer Capper King Oddie Stanley, T:lte reading clerk recapitulated the vote. Sterling 1\lr. DIAL. I ask how I am recorded as voting? ·Cummins La.dd Overman Curtis La: Follette Page Sutherland The VICE PRESIDENT. The Senator from South Carolina Dillingham Lenroot Phipps 'fownsend' Ernst · McCumber Pittman Wadsworth is recorded as· voting- in the negative. Wa.lsh, Mass. l\1r. DIAL. I desire to record my vote in the affirmative. Fletcher McKi1lley Poindexter Gooding· McLean Pomerene Walsh; Mont. Mr. KING. 1\Ir. President, I object. Harreld Me.~) ::try Ransdell Warren The VICE' PRESIDENT. Objection is made. .I:Htchcock Moses Rawson· Weller 1\lr. CUMMINS .. I rise to a point of order. The result of NOT VOTING-30. the vote having· been announced, the Senator from South Caro· Bra.ndegee Glass Norbeck Swanson Colt Hale Owen Trammell lina: [M!!. DI'AL] ca-n not change his vote. Crow Heflin Pepper Watson, Ga. The VICE PRESIDENT. The Chair has so ruled. Culberson Jones, Wash.· Reed Watson, Ind. Mr: RARRISO . The ob-ject of the recapitulation of the duPont Lodge Robinson Williams vote wa to a certain· how the Senator from South Carolina was Edge McCormick Simmons: Willis Frelinghuysen McKellar Smith:. · recorded. Gerry: N~w:berr Stanfield . 1\fr. CUl\llHN . Bun the Senator from South Carolina did So 1\1r. DIAL's amendment to the amendment of the committee not. claim that he "a:s wrong-ly recorded. The VICE PRESIDENT. The Senator did not claim that be was rejected. · Mr: WATSON of Ge(}rgia.. Mr. Presid-en1r, r offer the amend- wa inconectly recorded. 1\Iu. BURSillt. I rese~e a vote· in the Senate orr the amend- m-ent which I send' to the desk. The VICE PRESIDENT ~ ':Che amendment will ~ be tated'. ment. The ASSISTANT SECRETARY., On page-13; at the end Of .line. 23, ~lr. DIAL. I offer the amendment whieh I end to the desk. afte1: the word " require," it is. proposed to· insert a comma and The VICE PRESIDE~T. The amendment -proposed by the Senator from South Carolina [:Mr. DIAL] to the amendment the following : ·! the necessity- for said a.idJ to the district judge having been mad.e· ma.ni· of the. committee wilt be stated. fest by the certificate of the -clerk under the seal of the com·t, as- is pro Tbe .A.ssi&£A1l T SEcnETARY. On page 10, at the end- Qf line vided by existing law. · 22, it is proposed to strike out tbe period, to insert a comma, The VICE PRESIDENT. The que.stion i on agt:eeing to the and to insert tue-following: amendment offered by the Senator· from, Georg:j.a to the amend For the western district of South· Carolina, one. ment of the committee. Mr. DIAL. I ask for the yeas and _nays on the amendment, On-a division, the amendment to the amendment.was :rejected. Mr. President. Mr. KING. ·.Mr. President, a p.arliamentary inquiry. Are The yeas and nays were ordered, and the rea-ding clerk pro- amendments to the amendment tendered by the committee-that ceeded to call the roll. is, the substttute--:now in order? 1\lr. DILLINGHAM (when his name was called). Making Mr. CUMMINS. I ask for the regular ottder. the same announcement as on tlre last vote, r vote "nay." Mr. KING. I am seekiiJ.g the regular order. Ur. JUNES of Wa hin~n (when his name- wa:s called). The VICE PRESIDEl\TT. They are in order. ~:laking the same announcement as on the last roll call, r with 1 Mr. KING. I move to strilffi out, in line 11, page 10, after the hold my vote. word " l\Iassa_chusetts " and. before the word. " for," the word Mr. KELL0GG (when his name was calied). I have a gen :"two," an<1 to insert in lieu thereof the word "one," so that it. era-l gair with the senior Senator :ftoin North Carolina [Mr: . will read:- SUIMO s-]. I transfer that p_air to the Senator from :N:faine [~fr. HALE] and vote "nay." I ask that the announcement of the ' For the. district of Massa.chusetts, one. transfer of my pair may stand for the day. 1 The VICE PRESIDENT. 'l"he an;lendment to the amendment 1\Ir. KENDRICK (when his name was· called). Making the will be stated. : ';.-;';• 1 . .. • same aooeuncement a previously in reference to- the transfer ' The. AssiSTANT SECRET'?Y. ,on pa~e 10, line 11, it is propo ed of my pair with the Senator from Illinois [1\.!r. McCORMIOK} to to strike out the ;vor~ ' two ' and rnsert the -word "one,lt so th Senator from Alabama [l\1r. HEFLIN]' ancl asking that this- :that, if amended, It will read: announeement stfllld for the day, on this: question :r vote "·nay." For the distrid of Massa-chusetts, one. Mr. :NEW (wl:i.e11 his name- was called). I nave a pail' with The VICNPRESIDENT. The question is on the amendm nt the Junior Senator from Tennessee [Mr: NlcKELLA~-J. which ] offered: by· the Senator froill; Utah to the amendment of the find I a:m abl-e to tran13fer to-the junior Senato:rr from Michigan> , committee-. [Mr-. NEWBEBI~Y]. I make that transfer and! wilt vote. I vote Mr. KING. I call for the yeas and nays. "nay." The yeas and nays were_- ordered, and• the reading clerk ,pro· l\1r. STERLL~G (when his: name· was called). 1\fhldng the ceeded to call the roll. same ann~un

, . - 1922. CONGRESS! ON AL RECORD-SEN ATE. 5169

I will allow thi. · announcement to stand on all votes for the The VICE PRESIDENT. The question is on agreeing to the_ remainder of the day. amendment offered by the Senator from Utah to the amendment Mr. NEW (when his name was called). I 1·epeat the an of the committee. nouncement of the transfer of my pair with the junior Senator from Tennessee [Mr. McKELLAR] to the Senator from Michigan The amendment to the amendment was rejected. 1\fr. WATSON of Georgia. l\Ir. President, on page 14, line 9, [Mr. NEWBERRY], and ask that this announcement may stand I move to strike out the brackets and the words " who ma:v des- for the day. I vote "nay." ignate himself." • 1\Ir. STERLING (when his name was called). Making the The VICE PRESIDENT. The amendment to the amendment same announcement as on the former vote, I vote "nay." will be stated. Mr. SUTHERLAND (when his name was called). Making the same announcement as before with reference to my pair ,The ASSISTANT SECRETARY. On page 14, line 9, it iS proposed and its transfer, I vote "nay." to strike out the brackets and the words included therein, Mr. TRAMMELL (when his name was called). Making the "who may designate himself," so that if amended it will read: same announcement us to my pair as on the last roll call, I (2) Such desi-gnation may be made by the senior circuit judge when ever he is satisiied that the occasion therefor exists and that the public withhold my vote. inte1·ests so require. Mr. WALSH of Montana (when his name was called). I have a general pair with the Senator from New Jersey [Mr. The VICE PRESII)ENT. The question is on agreeing to the FnELINGH1JY EN], which I transfer to the Senator from Ten amendment offered by the Senator from Georgia to the amend- ne · ee [Mr. McKELLAR] and will vote. I vote "yea." ment of the committee. • 1\fr. WATSON of Georgia (when his name was called). Mak The amendment to the amendment was rejected. ing the same announcement as before. I withhold my vote. Mr. KING. Mr. President, I move to strike out, on page 10, Mr. WILLIAMS (when his name was called). I have a pair, lines 20 and 21, the words " for the southern district of Cali as previouslr stated. If I were at liberty to vote, I should fornia, one," leaving California with one judge under the bill. vote" yea." The amendment to the amendment was rejected. l\1r. CURTIS. I desire to announce that the Senator from Mr. SHIELDS. On page 10, line 13, after the words "New Delnware [Mr. DU PoNT] is paired with the Senator from 1\Iis York," I move to trike out the word " two " and insert in lieu souri [Mr. REED]. thereof the word "one," so that it will read "for the southern The roll cnll having been concluded, the result was an district of New York, one." On that I ·ask for the yeas and nays. nounced-yeas 16, nays 46, as follows: The yeas and nays were ordered, and the reading clerk pro YEAS-16. ceeded to call the roll. Ashun:t Fletcher La Follette Pittman l\Ir. DILLINGHAM (when his name was called). 1\Iaking Borah Harris Myers Shields the same announcement as before, I vote "nay." Caraway Hitchcock Norl'is Stanley Dial King Mr. STERLING (when his name was called). Making the Overman Walsh, Mont. same announcement as on the previous vote, I vote "nay." KAYS-46. l\Ir. TRAl\Il\IELL (when his name was called). Making the Ball Gooding Nelson Smoot Burf;um same announcement that I made on the previous vote 'vith re Johnson New Spencer gard to my pair, I withhold my vote. Calder Ke1Iogg Nicht;;son Sterling Cameron Kendt·ick Noroeck Sutherland Mr. WALSH of Montana (when his name wa called). In Capper Keye · Oddie Townsend view of the pair I have previously announced, I withhold my Cummins Ladd Paae Underwood vote. Curti Lenroot Phlpps Wadsworth Diilingham McCumber Poindexter Walsh, Mass. Mr. WATSON of Georgia (when his name was called). Mak Elkin~ McKinley Pomerene Warren ing the same announcement as before, I withhold my vote. Ern ·t McLean Rawson Weller Fernald McNary Sheppard Mr. WILLIAMS (when his name was called). Making the France Moses Shortridge same announcement with regard to my pair which I made on the NOT VOTING-34. previous vote, I withhold my vote. If I were at liberty to vote Brandegee Glas McKellar Stanfield on this amendment, I would vote" yea." J:roussard Hale Newberry Swanson The roll call was concluded. Colt Haueld Owen Trammell Crow Harrison Pepper Watson, Ga. Mr. SUTHERLAND. Making the same announcement as be- Culber on Heflin Ransdell Watson, Ind. fore, I vote "nay." . ~ duPont Jones, N.Mex. Reed Williams Edge Jones, Wash. Robinson Willis The result was announced-yeas 9, nays 49, as follows: Frelinghuy en Lodge Simmons Ger1·y • McCormick - Smith YEAS-9. Ashurst King Overman Shields So Mr. KING's amendment to the amendment of the committee Dial La Follette Pittman was rejected. • Hitchcock Stanley Mr. KING. 1\Ir. President, in line 14, page 10, I move to NAYS-49. strike out the words " for the we tern district of Pennsylvania, Ball Harreld Nelson Smoot one," leaving one for Pennsylvania. Borah Harris 1\ew Spencer The VICE PRESIDENT. The question is on the amendment Calder Johnson Nicholson Sterling Cameron Kellogg Norris Sutherland offered by the Senator from Utah to the amendment of the Capper Kendrick Oddie Town end committee. Cummins Keyes Page Underwood The amendment to the amendment was rejected. Dillingham Lenroot Phipps Wad worth Elkins McCumber Poindexter Walsh, Mass. Mr. JOl\TES of New Mexico. 1\Ir. President, I offer an amend Ernst McKinley Pomerene Warren ment, which I send to the desk, to be added as a new section Fernald McLean Ransdell Weller Fletcher McNary Rawson to the bill. France Mose Sheppard Tlte VICE PRESIDENT. The amendment to the amendment Gooding Myers Shortridge will be stated. NOT VOTING-38. The ASSISTANT SECRETARY. It is proposed to add, at the end Brandegee FreJinghuysen McCormick Stanfield of the committee amendment, the following: Broussard Gerry McKellar Swanson SEC. 5. Regular or special terms of the district court of the dis Bursum Gla · Newberry Trammell trict of New Mexico may be held in any incorpQrated municipality in Caraway Hale Not•beck Walsh, Mont. the State of New Mexico. Regular or special terms of said court other Colt Harri on . Owen Watson, Ga. than at the capital of said State shall be held at such time or times Crow Heflin Pepper Wateon, Ind. and at such place or places as the judge of said district court shall by Culberson Jones, N.Mex. Reed William orde-r prescribe, and such order may be changed from time to time Cm·tis Jone. Wash. Robinson Willis as may be deemed necessar-y in the public interest: Provided, however, du Pont Ladd Simmons That at any place where such regular or special terms of court may be Edge Lodge Smith so ordered to be held a suitable building in which to hold such term or term of court shall be available without expense to the Government of So 1\lr. SHIELDS's amendment to the amendment was rejected. the United States. Mr. WATSON of Georgia. I res~rve a separate vote in the The VICE PRESIDENT. The question is on agreeing_to the Senate on the two amendments which I offered. amendment offered by the Senator from New Mexico to the l\1r. SHIELDS. I move to strike out all of section 2 of the amendment of the committee. bill, found on pages 11 and 12, to line 8, on page 13, except lines The amendment to the amendment was agreed to. 22, 23, 24, and 25, on page 11, and down to the word "year,' on Mr. KING. Mr. President, on line 18, page 10, I move to line 8, page 12. I ask that the amendment be reported. strike out the following words: The AssiSTANT SECRETARY. On page 11, after the words" Sec. 2," strike out all of the section down to and including line 21 For the ea tern di.strict of Missouri, one. on that page, and beginning with the words "The senior circuit 5170 OONGRESSION AL RECORD-SEN ATE. .APRIL 7,

Robinson Stanfield Walsh, Mont. Williams judge," on line 8, page,12, and the remainder of that section Simmons Swanson Watson, Ga. Willis down to and including line 8, on page 13, as follows : Smith Trammell Watson, Ind. That it shall be the duty of the Chief Justice of the United States, SHIELDS's amendment to the amendment was re- or, in case of his disability. of one of the other justices of the Supreme So ~Ir. Court, in order of their seniority, as soon as may be after the passage jected. of this act, and annually thereafter, to summon to a conference on the Mr. SHIELDS. I desire to give notice that I hall ask for a last Monday in September at Washington, or at uch other time a.nd separate vote on this amendment when the bill is in the Senate. place in the United States as the Chief Ju tice, or, in case of his dis ability, any of said justices in order of their seniority, may desigrulte, The VICE PRESIDE:NT. Amendments not agreed to as in the e.nior circu:lt judge of each circuit. If any of aid enior circuit Committee of the Whole do not have to be reserved for a epa judges is unable to attend, the Chief Justice, or, in case of his dis rate vote in the Senate. They can be reoffered when the bill ability, any justice of the upreme Court in the order of seniority, may nominate any other circuit or di. trict judge belonging to the circuit reaches the Senate. who e senior circuit judge is unable to attend, that each circuit may 1\fr. HARRISON. Mr. President, I offer an amendment to adequately be represented at said conference. It shall be the duty of every such senior or other circuit or district the committee amendment. judge to attend such conference, and to remain throughout its proceed The VICE PUESIDENT. The amendment to tl1e amendment ings, and to advise as to the needs of his circuit and a to any matters will be stated. in respect of which the administration of justice in the courts of the The ASSISTANT SEC.RETAilY. .At the end of line 22, on page 10, United States may be improved. The senior circuit judge, or, in hi absence. a judge repre enting the insert the following proviso : circuit at the conference, shall pre ent such reports to the conference, Pro11"ided, That in making such appointment , and hereafter, before with a summary thereof, and his comments thereon. the President shall appoint any district, circuit, or Supreme Court The Attorney General shall, upon request of the Chief :Justice, report judge he shall make public all indorsements made in behalf of any to said conference on matters relating to the business of the several applicant. courts ot the United States, with particular reference to causes or pro ceedings in which the United States may be a part . Mr. HARRISON. On that I ask for the yeas and nays. The said conference shall be presided over by the Chief Justice of The yeas and nays were ordered, and the reading clerk pro the United States, or, in ca e of his disability, by any justice of the Supreme Court in the order of seniority. ceeded to call the roll. Said conference shall make a comprehensive survey of" the conditions Mr. DILLINGHAM (when his name was called). Mah"ing the ot business in the courts of the United States and prepare plans and same announcement as before, I vote "nay." chedules for the assignment and transfer of judges to or from circuits Mr. STERLING (when his name was called). Making the or districts where tbe state of the docket or tbe condition of business indicates. the need therefor, and shall submit such · suggestions to the same announcement as on the former vote, I vote" nay." various courts as may seem in the interest of uniformity and expedition Mr. WALSH of Montana (when his name was called). Again of business. announcing the absence of my pair, I withhold my vote. If I The Chief Justice and each justice or judge summoned to and attend ing said conference shall be allowed his actual expenses of tra.Yel and were at liberty to vote, I would vote " yea." his nece-ssary expenses for sub istence, not to exceed $10 per day, which Mr. WATSON of Georgia (when his name wa called). I payments shall be made by the marshal of the upr me Court of the have a pair with the junior _Senator from Pennsylvania [Ml'. United States upon the written certificate of the Chief Justice. PEPPER]. If he were present and voting he would vote " nay." So that section 2 would read : If at liberty to vote, I would vote "yea." S:mc. 2. It shall be the duty of the enior di trict judge of each Mr. WILLIAMS (when his name was called). I have a gen district court of the United States to make, on or before the l.st day of August of each year, a report to the senior circuit judge as to the eral pair with the Senator from Indiana [Mr. W AT oN]. In his condition of the business in his district and a reeommendation as to absence, not being at liberty to vote, I withhold my vote. what additional judicial force, if any, is nei?ded to dispo e of the busi ness of such district with reasonable di patch. It shall not be suffi The roll call was concluded. cient tor him merely to state in his report the case as shown upon Mr. SUTHERLAND. Making the same announcement as the docket of the court, but, after investigation, he shall express bis before with reference to my pair and its transfer, I vote "nay." best judgment as to the conditiop of bu iness existing or likely to Mr. 1IING. May I inquire whether the senior Senat-or from ari e in his court during the en~uing year. North Dakota [1\fr. McCUMBER] has voted r The VICE PRESIDENT. The que tion is on agreeing to the The VICE PRESIDENT. That Senator has not voted. amendment to the amendment. Mr. KING. I have a general pair with that Senator. Not Mr. SHIELDS. I ask for the yeas and nays. being able to obtain a transfer, I can not vote. If I were at The yeas and nays were ordered, and the reading clerk pro- liberty to vote, I would vote " yea_" ceeded to call the ·roll. · Mr. TRAMMELL. Making the same announcement with re Mr. DILLINGHAM (when his name was called). Making gard to my pair, I withhold my vote. If at liberty to vote, I the same announcement as before, I vote " nay." would vote " yea." Mr. STERLING (when his name was called). Mah."ing the The re ult was announced-yeas 21, nays 41, as follows: same announcement as on the last vote, I vote "nay." YEAS-21. Mr. ALSH of Montana (when his name was called). In 'V Ashurst France La Follette Stanley view of my pair, heretofore announced, I refrain from voting. Borah Harris Myers Underwood Mr. WATSON of Georgia (when his name was called). I Brous ard Harrison Norris Walsb, Mas, have a general pair with the Senator from Pennsylvania [Mr. Caraway Hitchcock Pittman Dial John on Sheppard PEPPER] on this question. If he were present, be would vote Fletcher Jone , N.Mex. Shields "nay." If I were free to vote, I would vote "yea." NAYS-41. Mr. WILLIAMS (when his name wa called). I have ex Ball Gooding ~ 1 elson Smoot Han·eld New pencer plained why I am not at liberty to vote. If I were at liberty to Bursum Oddie Sterling Cal~er Kellogg vote, I would vote " yea." Cameron Kendrick Overman Sutherland The roll call was concluded. Capper Keyes Page Town end Lad9 Phipp Wad worth l\fr. SUTHERLAND. Making the arne announcement as be- Cummins Wan·en Curtis Len root Poindexter fore, I vote "nay." Dillingham McKinley Pomerene Weller The result was announced-yeas 29, nays 36, as follows: Elkins McLean Ransdell McNary Rawson YEAS--29. Ernst Fernald Moses Shortridge Borah · Harris McNary Shields NOT VOTING-34. Brou , a.rd Harrison Nicholson Stanley Brandegee Hale Nicholson Swanson Capper Hitchcock Norris Underwood Colt Heflin rorbeck Tram men Caraway Johnson Oddie Walsh, Mass. Crow .Jones, Wash. Owen Wal h, ~!ont. Dial .Jones, N.Mex. Overman Weller Culber on King Pepper Wat on, Ga. Fletcher King Pittman Watson, Ind. Ladd Ransdell du Pont Lodge Reed Williams France Sheppard Edge McCormick - Robinson Gooding La Follette Frelingbuysen McCumber SU:nmons Willis NAY8-36. Gerry McKellar Smith Glass Newberry Stanfield .Ashurst Ern t McLean Rawson Ball Fernald MoRe Shortridge So Mr. HARRI oN' amendment to the committee amendment Bursum Harreld l\fyers Smoot Calder Kellogg N lson Spencer was rejected. Cameron Kendrick New Sterling Mr. SHIELDS. Mr. President, I offer the following amend- Cummins Keye Page Ruiherland ment to the committee amendment. On page 17, after line 9, Curtis Len root Ph.ipp. '.rownsend Dillingham McCumber Poinderter Wadsworth in, ert tlle following : Elkins McKinley Pomerene Warren Provided, That no district judge shall be designai:ed or required, VOTING-31. without his written consent, to hold court in a district out 1ide the NOT State in which his district i situated. Brandegee Edge Heft in Newberry C.olt Frelinghuy en Jones, Wash. Norbeck The VICE PRESIDENT. The question is on agreeing to the Crow G rry Lodge Owen amendment to the amendment. ulberson Gla . McCormick Pepp~ The amendment to the amendment was rejected. duPont Hale McKellar Reed 1922 . .. CONGRESSIONAL RECORD--SEN ATE. 5171

Mr. SHIELDS. I now offer the following amendment to tne The VICE PRESII)EN~. The question is on the amendment committee amendment. In line 9, after the words " associate proposed by the Sen~tor from Tennessee to the committee ju tice," I move to in ert: amendment. No district judge shall be designated or required, withQut his con Mr. SIDELDS. l ask for the yeas and nays on the amend sent, to hold court outside the Judicial circQit within which he r~ides. ment to the amendment. The VICE PRESIDENT. The amendment to the amend The y~a.s ~ nays were order.ed, and the reading clerk pro ment will be stated. ceeded to call the roll. The AssrsTANT SECRETARY. On page 17, line 9, after the Mr. DILLINGHAM (when his name was called). Making words " as ociate justice," insert the following: the same announcement at:~ on the previous vote as to my pair No district judge shall be designated or required, without his con and its transfer, I vote "nay." sent, to hold court outside the judicial circuit in which he resides. Mr. STERLING (when his name was called). Making the Mr. SHIELDS. Ou that I ask for the yeas and nays. same announcement as on the last vote in reference to my pair The yeas and nays were ordered, and the reading clerk pro and its transfer, I vote "nay." ceeded to eall the roll. Mr. SUTHERLAND {when his name was called). Making Mr. DILLINGHA.l\f {when his name was called). Malting the the same announceiPent as previously with reference to my same announcement as before, I vote "nay." pair and its transfer, I vote "nay." Mr. KING (when llis name was called). I have a general Mr. WALSH of Montana (when his name w.as called). I am pair with the senior Senator from North Dakota [1\Ir. Mc advised that :rny pair, the Senator froia New Jersey [Mr. FRE Cuv:BER]. I understand he is absent from the Chamber on LINGHUYSEN], if pr~ent, would vote as I shall vote. A.ccorcb official business. As I can not obtain a transfer I am compelled ingly I will vote. I vote "nay.'' to withhold my vote. If at liberty to vote I should vote "yea." Mr. WATSON of Georgia (when his name was called). I ~m l\1r. STERLING (when his name was called). Making the paired with the Senator from Pennsylvania [1tfr. PEPPER]. Not same announcement as before, I vote "nay." knowing h,ow he would vote on this question, if present, I with Mr. SUTHERLAND (when his name was called): Making hold my vote. the same announcement as before with reference to my pair The roll call having been concluded, the result was ~n and its transfer, I vote " nay.'' no~ced-yeas 13, nays 48, &a follows : Mr. TRAMMELL (when his name was called). Making the YEAs-13 same announcement as before, I withhold my vote. If at liberty Broussard Franc.e MeN ary Underwood to vote l would vote " yea." Capper Harr~son Norris l\1r. WAI:-'SH of Montana (when his name was called). I Caraway King Overman again announce my pair with the Senator from New Jersey [Mr. Dial La Follette Shields FRELINGHUYSEN]. In his absence I withhold my vote. NAYS-48. AshurBt Gooding Moses Rawson Mr. WATSON of Georgia (when his nam~ was called). I B~ Harreld Myers Sheppard have a general pair with the junior Senator from Pennsylvania Bursum Hams Nelson Shortridgf [Mr. PEPPER], who is absent. If present, he would vote '~nay." Calder J ob!lso.n :r.lew Smoot Cameron Kellogg Nieholson Spencer If free to vote, I would vote " yea." Cummins Kendrick Norbe.ck Sterling Mr. WILLIAMS (when his name was called). If I were at Curtis Keyes Oddie Suthe~;land liberty to vote upon this proposition, I would vote "yea." I am Dillingham Ladd Page Townsend Elkins Lenroot Phipps WaJisworth paired, however, with the Senator from Indiana [Mr. WATSON], Ernst McCumber Poindexter Walsh, Mass. who is absent, and I do not know how he would vote. Fernald McKinley Pomerene WJI,lsh,Mon.t. The roll call having been concluded, the result was an Fle~cher McLean Ransdell Weller nounced-yeas 20, nays 39, as follows : NOT VOTING-35. YEAS-20. Bm-ah Glass Newberry Stanley Owen Broussard France Ladd Shields Brande~ee Hale Swanson Bursum Harris La Follette Stanley · Colt Heflin Pepper Trammell Caraway · Hitchcock Overman · Underwood Crow Hitehcock Pittman Warren Dial Johnson Ransdell Walsl), Mass. Culberson Jones, N . .Mex. Reed W~tson, Ga. duPont Jone , Wash. Ro~inson Watson, Ind. Fletcher Jones, N.Mex. Sheppard Weller Edge Lodge Simmons Williams NAYS-39. Frelingbuysen McCormick Smith Willis. .Ashurst Fernald Myers Rawson Gerry McKellar Stanfield Ball Gooding Nelso.n Shoftridge Borah Kellogg New Smoot So the amendment of Mr. SHIELDS to the ~mend111ent was Calder Kendrick Nicholson Spencer rejected. Cameron Keyes Norris Sterling The VICE PRESIDENT. The question is on agreeing to the Capper Lenro.ot Oddie Sutherland Cummins McKinley Page Townsend amendment of the comm.itt~ as amended. Curtis .McLean Phipps Wad&worth Mr. KING. A parliamentary inquiry, Mr. President. Dillingham McNary Poindexter Wanen The VICE PRESIDENT. The Senator will state the inquiry. Ernst }Io es Pgmerene Mr. KING. An amendment was offered, as I understand, on NO'l' VOTlNG-37. yesterday by the Senator from New Jersey [Mr. FRELINGHUY Brandegee Hale Newberry Swanson Colt Harreld Norbeck Trammell BEN]. I inquire whether or not that amendment was accepted. Crow Harrison . Owen Walsh, Mont. The VICE PRESIDENT. The amendment was a.greed to. Culberson Heflin Pepper Watson, Ga. Mr. KING. Is it ne~ssary to reserve a separate vote upon duPont Jones, Wash. Pittman Watson, Ind. Edg:e King Re.ed Williall)J!I that amendment in the Senate? Elktns Lodge Robinson WiJUs The VICE PRESIDENT. It is. Frelinghuysen McCormick Simmons Mr. KING. I desire to reserve a separate vote upon that Gerry McCq111ber Smith Glass _ McKellar Stanfield amendment in the Senate. The VICE· PRESIDENT. The quesUon is on agreeing to the So Mr. SHIELD's amendment to the committee amendment w&s committee amendment as amended. rejected. The amendment as amended VilaS agreed to. 1\lr. SHIELDS. After the first five lines of the amendment The bill was reported to the Senate as amended. of the committee on page 10, being lines 6, 7, 8, 9, and 10, Mr. FLETCHER. Mr. President, is the bill now in the reading as follows : That the President be, and he is hereby, authoriz.ed to appoint, by Senate? and with the advice and consent of the Senate, the following number The VICE PRESIDENT. The bill is in the Senate. The of district judges for the United States district courts in the districts question is on concurring in the amendment made as in Com- specified in addition to those now authorized by law. mittee of the Whole. · · I move to strike out the remainder of the bill and to insert Mr. FLETCHER. I offer the amendment which I send to in lieu thereof what I send to the desk. the desk. The VICE · PRESIDENT. The amendment proposed by the Mr. CUJVlMINS. A point of order, Mr. President. The first Sen a tor from Tennes ee to the aJ;Dendment reported by the questiQn is on concurring in the amendments which have been committee will be sta,ted. agreed to as in Committee of the Whole, is it not? The ASSISTANT SECRETARY. It is proposed to strike out all of Mr. FLETCHER. I submit that can not be done, because it the amendment of the committee after line 10, on page 10, and is all one amendment. to insert: 'l'he VICE PRESIDE~'"T. The question is on concurring in For the district of Massachusetts, two ; for the southern di.strict of the amendment made as in Committee of the Whole. New York, two; tor the we tern district of Pennsylvania, one; for the 1\Ir. KING. I ask for a vote upon the amendment of the eastern district of Michigan, one; for the district of Minnesota, one; Sen.ator from New Jersey proposing to provide an additional for the western district of r.Jissouri, o~e ; a,nd for the northern district of California, one. judge for New Jersey. 5172 CONGRESSIONAL RECORD-SENATE. APRIL 7,

The VICE PRESIDENT. . The amendment of the Senator knowing how he would vote on this question, I withhold mY. from New Jersey as agreed to in Committee of the Whole will vote. be stated. :Mr. WILLIAMS (when his nnme was called). I again an· The ASSISTANT SECRETARY. On page 10, line 13, an· amend nounce my pair with the Senator from Indiana [Mr. WATSON] ment to tl1e committee amendment was inserted, as in Com and announce his unavoidable. absence. mittee of the Whole, by adding, after the words "New York, The roll call was· concluded. two," and the semicolon, the words "for the district of New Mr. WALSH of Montana. Announcing again my pair with Jersey, one." the Senator from New Jersey [Mr. FRELINGHUYSEN], in his ab· The VICE PRESIDENT. The question is on concurring in sence I refrain fi'om voting. I will let this announcement stand the amendment of the Senator from New Jersey. for the day. · The amendment was not concurred in. The res\llt was announced-yeas 33, nays 24, as follows: The VICE PRESIDENT. The question now is on the amend YEAS-33. ment offered by the Senator from Florida [Mr. FLETCHER], Ashurst France McKinley Raw: on which will be stated. Ball Gooding McNary Sheppard The AssiSTANT SECRETARY. On page 10, after line 22, it is Broussard Harreld Myers Shortrtd,e Bursum Harrison Nicholson Spencer proposed to insert : Cameron Johnson Norbeck Underwood For the southern district. of Florida, one. Dial Jones, N.Mex. Oddie . Weller Elkins Kendrick Poinde:xter The VICE PRESIDENT. The question is on agreeing to the Fernald Keyes Pomerene amendment offered by the Senator from Florida to the amend Fletcher Ladd ·Ransdell • ment made as in Committee of the Whole. [Putting the ques NAY8-24. tion:] The amendment to the amendment is agreed to. Borah Kellogg Norris Sterlin~ Mr. KING. I call for a division, Mr. President. . . Calder Kin~ Overman Suther and Mr. CUMMINS. A parliamentary inquiry. Is the question Capper La Follette PaJe Townsend Cummins Moses Phipps Wadsworth on the amendment proposed by the Senator from Florida [Mr. Dillingham Nelson Smoot Walsh, Mass. FLETCHER] ? ' Hitchcock New Stanley Warren Mr. FLETCHER. The amendment has been agreed to. NOT VOTING-39. The VICE PRESIDENT The Chair did not understand the Brandegee Gerry McKellar Smith parliamentary inquiry of the Senator from Iowa. Caraway Glass McLean Stanfield Mr. CUMMINS. I ask for the yeas and nays upon the amend Colt Hale Newberry Swanson Crow Harris Owen Trammell ment of the Senator from Florida. Culberson Heflin · Pepper Walsh, Mont. Mr. FLETCHER. It is too late. Curtis Jones, Wash. Pittman Watson, Ga. Mr. DIAL. I have a recollection that a while ago the Sena duPont Lenroot Reed Watson, Ind. Edge Lodge Robinson Williams tor from Iowa saiu that I was too late in desiring to change my Ernst McCormick Shields Willis vote. ·Now he is in about the same category I then was. FreU,nghuysen McCumber . Simmons Mr. CUMMINS. The Senator from South Carolina may have So l\Ir. BURSUM's amendment to the amendment of the com been too late in that instance, and still the Senator from Iowa mittee was agreed to. may not be too late this time. l\Ir. CURTIS. Mr. President, I move to reconsider the vote The VICE PRESIDENT. The Senator from Utah [Mr. KING] by which the amendment providing an additional judge for New asks. for a division. Jersey was rejected. The question being put on a division, the amendment of Mr. The VICE PRESIDENT. The Senator from Kansas moves FLETCHER to the amendment made as in Committee of the Whole that the Senate reconsider the vote by which the amendment was agreed to. offered by .the Senator from New Jersey [Mr. FRELINGHUYSEN) Mr. ERNST. I offer the amendm~nt which I send to f.!!e was nonconcurred in. The question is ·on that motion. desk. Mr. KING. l\Ir. President, a parliall_lentary inquiry. The VICE PRESIDENT. The amendment proposed by the The VICE PRESIDENT. The Senator will state it. Senator from Kentucky will be stated. Mr. KING. Is it not too late now, in view of the action of The AssiSTANT SECRETARY. On page 10, at the end of line the Senate heretofore and of the status of the bill, to make 21, it is proposed to insert: that motion? For the middle district of Tennessee, one_. The VICE PRESIDENT. It is not. The VICE PRESIDENT. The question is on agreeing to the Mr. KING. The amendment was considered as in Committee amendment proposed by the Senator from Kentucky to the of the Whole, and also in the Senate. amendment made as in Committee of the Whole. [Putting the The VICE PRESIDENT. It is not too late to reconsider the question.] The amendment is rejected. vote. Mr. ERNST. I ask for a division. Mr. HARRISON. Mr. President, a parliamentary inquiry. On a division the amendment was rejected. The VICE PRESIDENT. The Senator will state it. Mr. POINDEXTER. At the end of line 22, page 10, I move Mr. HARRISON. Is it not necessary for the Senator from to insert: Kan as to .qualify as having voted on the prevailing side of And for the western district of Washington, one. that proposition before he can make a motion to reconsider? The VICE PRESIDENT. The question is on agreeing to the The VICE PRESIDENT. If it was a yea-and-nay vote, yes; amendment proposed by the Senator from Washington to the otherwise not.' amendment made as in Committee of the Whole. Mr. HARRISON. If there was no yea-and-nay vote, how can The amendment was rejected. we tell how he voted? Mr. BURSUl\I. l\Ir. President, I offer the amendment which 1\Ir. TOWNSEND. I call for the regular order. I send to the desk. The VICE PRESIDENT. Then the question does not arise. The VICE PRESIDENT. The amendment will be stated. The question is on the motion to reconsider. The AssiSTANT SECRETABY .• On page 10, at the end of line 1\Ir. HARRISON. I call for the yeas and nays. 21, it is proposed to insert: The yeas and nays were ordered, and the reading clerk pro For the district of New Mexico, one. ceeded to call the roll. The VICE PRESIDENT. The question is on agreeing to Mr. DILLINGHAM (when his name was called). Making the amendment offered by the Senator from New Mexico to the same announcement as before, I vote" yea." the amendment made as in Committee of the Whole. Mr. McKINLEY (when his name was called). I have a pair Mr. BURSUl\1. On that I ask for the yeas and nays. with the junior Senator from Arkansas [Mr. CARAWAY], which The yeas and nays were or.dered, and the reading clerk pro 1 transfer to the senior Senator from Pennsylvania [Mr. CRow], ceeded to call the roll. and will vote. I vote " yea." Mr. DILLINGHAl\I (when his name was called). Making l\Ir. STERLING (when his name was called). Making the the same announcement as before, I vote "nay." same announcement as on the p_revious vote, I vote "nay." Mr. STERLING (when his name was called). Making the Mr. SUTHERLAND (when his name was called). Making same announcement as before, I vote "nay." the same announcement as before with reference to my pair and Mr. SUTHERLAl'il) (when his name was called). Making its transfer, I vote "yea." the same announcement as before, I vote "nay." Mr. TRAMMELL (when his name was called). Making the Mr. TRAliMELL (when his name was called). Making the same announcement with regard to my pair that I made on the same announcement as on the last vote, I withhold my vote. last vote, I withhold my vote upon this amendment. Mr. WATSON of Georgia (wh~n his name was called). I am l\Ir. WATSON ef Georgia (when his name was called). I am paired with the Senator from Pennsylvania [Mr. PEPPER]. Not paired with the Senator from Pennsylvania [Mr. PEPPER]. Not 1922. OQNGRESSIONAL RECORD-SENATE .. 5173 knowing how he would vote on this question, I withhold my rie~d. When we came into the Senate anyone had a right to vote. · reserve a vote on that amendment. 1\lr. WILLIAMS (when his name was called). I repeat the Mr. NORRIS. When that amendment was carrieC it became information that I have several times given. to the Senate, to a part of the committee amendment to the bill. This is a House the effect that I am paired, and therefore not able to vote. bill, it is not a Senate bill, and that amendment to the amend The roll call having been concluded, the result was an ment became a part of the committee amendment· and when nounced-yeas 35, nays 26, as follows: - we went i.Iito the Senate the question was on co~curring in YEAS-35. the committee amendment made in Committee of the Whole, not an amendment to that amendment. Ball Fletcher McKinl~y Sheppard Broussaru France McLean. Shortridge Mr. KING. If ·the position of the Senator from Nebraska Bur utn Harreld Moses • Smoot is correct, then there never could be a separate vote in the Sen Calder Barris Myers Spencer ate on a substitute bill of this character, to which there were Cameron Kellogg Oddie Sutherland Curtis Keyes Page Town end numerous amendments adopted at various times in Committee Dillingham Ladd Phipps Wadsworth of the \Vhole, and upon which separate votes _were reserved, Ern t Lenroot Poindexter Weller when the substitute bill as perfected came to the Senate. li'erMld McCull'rl>er P-omerene Mr. NORRIS. Let me call the attention of the Senator to NAYS-26. the fact that when we got into the Senate the proper motion Ashur t n:nchcock New Shields · would be to amend. The Chair always announces when a bill Borah Jone N.Mex. Nicholson Stanley has been reported from the Committee of the Whole that the bill Cap)>er )rendrick Norbeck Sterling Cummitls King Norris Undet'Wood is in the Senate and open to amendment. If the Senator wanted bial La Follette Overman W a.Isli, Mass. to amend it, he should have moved to strike it out, which I sup Go-oding McNary Pittman posed he had done. I did not pay attention to the exact course narri~n Nelson Rawsbn pursued by the Senator from Utah. NOT VOTING-35. 1\fr. KING. I will be entirely frank. I would not state to Brandegee Gerry Newberry Swanson the Senate anything that did not actually occur, even if it were Caraway Glas Owen T;rammell Colt Hale Pepper Walsh, Mont. in support of the position I bave taken. I did not move to Cr-ow Heflin Ransdell Warren strike out. I considered that I had a right to challenge the Culberson Johnson Reed Watson, Ga. action of the Committee of the Whole by the separate vote du l'ont Jones,\\ ash. Robinson Watson, Ind. Edge Lodge Simmons Willtams which I had reserved before we pa.Ssed out of the Committee Elkill · McCormick Smith Willis of the Whole into the Senate. So I then asked for a separate v'relinghuysen .McKellar Stanfield vote upon the action of the Oommittee of the Whole by which So the motion to reconsider was agr-eed to. the amendment offered by the Senator from New Jersey had 1\lr. CURTIS. Mr. President, the question now is on con been adopted in Committee of the Whole. curring rn the arn~ndinent: is it not? 1\Ir. WILLIA..MS. And it was an amendment to the commit The VICE PRESIDENT. The original vote Whs on the motion lee amendment, and therefore in itself a separate proposition. of the Senato · from Utah to strike out th-e words "for the dis~ l\lr. LENROOT. !\fay I ask the Senator from Utah if he will trict of New Jersey, one." That vote prevailed and the lan not he willing to have the RECORD show that his motion was a guage was strickeh out. motion to strike out~ Mr. KING. Mr. Pre ident, a parliamentary irrquity. Mr. SPENCER. And then let us vote on it. The VICE PRESIDE.c.,.T. The Senator will state his inquiry. Mr. CURTIS. Then we cou~d vote on the Senator's motion Ir. KING. I understand an amendment was ·offered by the to strike out. is Senator from Ne Jersey [Mr. FnELINGlruYSEN] to insert in The VICE PRESIDENT. The Chair ready to make a rul· th bill a provision for an additional jUdge for New Jersey. I ing. The Senator from Utah reserved a separate vote. The v, ked for a separate vote upon the adoption of that amendment only way that qUestion could be put in the Senate was in effect iu Committee of the Whole. I did not tno'Ve to strike it out. by a motion to strike out. Now the question recurs o~ the mo: So I think the Chair states the converse of the motion. tion to strike out the words "for the district of New Jersey, Mr. WILLIAMS. Upon a separate v-ote the amendment of the one." Those who vote in favor will vote to strike it out, and in Senator from New Jer ey was defeated, and then ther~ was a those who vote the negative will vote to keep it in. motion to i.·e·consider that vote, which ha:s just been agreed to. l\lr. KING. I ask fur the yeas and nays, . Mr. NORRIS. I would like to have the attention of the The yeas and nays were ordered, and the reading clerk pro Senator from Utah, if he will yeld to me. ceded to call the rolL 1\fr. DILLINGHAM (when his name was called). Making Mr. KING. :r yield to the S-en-ator1 if I have the :floor. Mr. NORRIS. The Senator mu t not forget that the motion the sam~ announcement as before, I vote" nay." of the Senator from New Jer ey wa to amend an amendment. Mr. STERLING (when his name was called). !\faking the On its adoption it became a part of the amendinent so when the same aill!ouncement as before, I vote "yea." bill got into the Senate there was no such thin.g as' voting again Mr. SUTHERLAND (when his name was called). Making on the amendment of the Senator from New Jer ey. The Sena the same announcement as before with reference to my pair tor from Utah, in order to get that provi ion out of the bill, and its transfer, I vote "nay." would have to !DOVe to strike it out, and if he did not do that Mr. TRAMMELL (when his name was mlled). Making the it never would go out. If he had moved to strike it out thett same announcement as on the last vote as to my pair, I with· the Chair would have stated the situation correctly, as I ~nder ho~d my vote. stand it. The Senator's motion shoUld hav-e been ·to trike out Mr. W A'l'SON of Georgia (when his name was called) the amendment ·of the Senator from New Jersey. 1\I.aking the same announcement as before, I withhold my vote: Mr. CUIDITNS. No, Mr. President; the Senator from Ne 1\Ir. WILLIAMS (when his name was called). I transfer braska is in error. The motion of the Senator from New Jer y my pair ~th the Senator from Indiana [Mr. WATSON] to the Senator from Nebraska {Mr. HITCHCOCK], and vote "yea." in Committee of the Whole wa to insert a pro~tsion for a judO'e for the district of New JerSey. That amendment prevailed. The roll call was concluded. . We pas ed into the Sem1te. There wa no motion to strike it out Mr. McKINLEY. Making the same announcement as before but I understood the Senator from Utah to re erve the amend~ I vote "nay.'' '. ment proposed by tbe Senator from New Jersey for a separate Mr. WALSH of Montana. I transfer my pair with the Sen.. ator from New Jersey [l\fr. FBELINGHUYSEN] to the Senator vote. · fr<>m Nevada [Mr. PITTMAN] and vote" yea." 1\Ir. NORRIS. He was undertaking an impossibility; it coulcl not be done. I do not know what happened, or what the The result was announced-yeas 22, nays 39, as follows: Senator from Utah said; but, as a matter of fact, he could not YEAS-22. erve a vote when we got into the Senate on an amendment Ashurst Harrison Norbeck Townsend re Borah Kendrick Nortis Walsh, Mass. to an amendment which was adopted in the .Com·mittee of the Capper King Overman Walsh, Mont. Whole, because in the Senate the amendment of the Senator from Cummins La Follette Shields Williams Dial McNary Stanley New Jersey was entirely lost. It became a part of. the committee ' elson Sterling amendment, and that is the amendment we are to vote on con Gooding in. It physical impossibility re NAY8-39. cm·ring would have been a to Ball Dillingham Barris McCumber serve a vdte on an amendment to· an amendment. Broussard Ernst Johnson McKinley Mr. CID1l\1INS. It was a vote on an amendment to an amend Bursum Fernald Kellogg· McLean Calder Fletcher Keyes Ioses lllent. The motion of tlle Senator ftom New Jel'sey was t.o amend Cameron France Ladd Myers nn amendment, which was entirely in order, and which. was car- Curtis Harreld Lenroot New 5174 CONGRESS! ON AL RECORD-SEN ATE. APRm 7, -

Nicholson Poindexter Shoru·idge Wadsworth NAY8-21 . . Oddie Pomet·ene Smoot Warren Borah Harris McNary Townsend Page Rawson Spencer Weller Broussard Harrison Norris Underwood Phipps Sheppard Sutherland Capper Kendrick Overman Williams NOT VOTING-35. Caraway King Sheppard Dial Ladd Shields Brandegee Gerry McKellar Smith France La Follette Stanley Caraway Glass Newberry Stanfield Colt Hale Owen Swanson NOT VOTING-31. Crow Heflin Pepper Trammell Brandegee Gla s Newberry Smith Culberson Hitchcock Pittman Underwood Colt Hale Owen Smoot duPont Jones, N.Mex. Ransdell Watson, Ga. Crow H~in P~p~ Stanfield Edge Jones, Wash. Reed Watson, Ind. Culber on Jones, N.Mex. Pittman Swanson Elkins Lodge Robinson Willis duPont JoJ;les, Wash. Ransdell Watson, Ga. Ftelingbuysen McCormick Simmons Edge Loage Reed Watson, Ind. Frelinghuysen McCormick Robinson Willis · So Mr. KING's motion to strike out was rejected. Gerry McKellar Simmons The VICE PRESIDENT. The question is on concurring in So the bill was passed, as follows: the amendment made as in Committee of the Whole as amended Be it enacted, etc., That the President be, and be is hereby, autborJied in the Senate. to appoint, by and with the advice and consent of the Senate, the fol The amendment ·as amended was concurred in. lowing number of district judges for th.e United States district courts in the districts specified in addition to those now authorized by law: The amendment was ordered to be engrossed, and the bill to For the district of Massachusetts, two ; for the· eastern district of be read a third time. New York, one; for the southern district of New York two; for the Mr. ODDIE. Mr. President~ I move to reconsider the vote district of New Jersey, one; tor the eastem district of Pennsylvania, one ; for ·the western district• of Pennsylvania., one ; for the northern whereby the amendment offered by the Senator from Washing district of Texas, one ; for the eastern district of Michigan, one ; for ton [1\lr. PoiNDEXTER] to the amendment of the committee was the northern district of Ohio, one ; for the northern district of Illinois, rejected. one ; for the district of Minnesota, one ; for the eastern district of Mis souri, one; for the western district of Missour~r o.ne; for the eastern Mr. KING. Mr. President, I make the point of order that the district of Oklahoma, one ; tor the district of ruontana, one; for the motion comes too late. northern district of California, one ; for the southern district of Call The VICE PRESIDENT. The motion is too late. The amend- fornia, one·; tor the district of .Arizona, one· for the northern and southern districts of Georgia, one; for the southern district of Florida, ment made as in Committee of the Whole has been concurred in. one; and for the district of New Mexico, one. The bill was read the third time. Whenever a vacancy shall occur in the office of any district judge Th'e VICE PRESIDENT. The question is, Shall the bill pass? appointed pursuant to this act the same shall not be filled unless the Congress shall so. provide. . Mr. LA FOLLETTE. On the passage of the bill I demand the S:t:c. 2. That it shall be the duty of the Chief Justice of the United yeas and nays. States, or;. in case of his di ability, of one of the other justices of the The yeas and nays were ordered, and the reading clerk pro- Supreme \;Ourt, in order of their seniority, as soon as may be after the pas age of this act, and annually thereafter, to summon to a conferen·ce ceeded to call the roll. on the last Monday in September at Washington, or at such other time Mr. DILLINGHAM (when his name was called). Making the and place in the United States as the Chief Justice, .or, in case of his disability, any of said justices in order of their seniority, may desig same announcement as before, I vote " yea." • nate, the senior circuit judge of each circuit. It any of said senior Mr. FERNALD (when his name was called). I transfer my circuit judges is unable to attend, the Chief Justic.e, or.. in case of his pair with the senior Senator from New Mexico [Mr. JoNES] disability, any justice ot the Supreme Court in the oraer of seniority, may nominate any other circuit or district judge belonging to the to the senior Senator from Pennsylvania [Mr. CRow], and vote circuit whose senior circuit judge is unable- to. attend, that each circuit "yea." may adequately be represented at ::,aid conference. Mr. NEW (when his name was called). Repeating my previous It shall be the duty of every such senior or other circuit or district judge to attend such conference, and to remain throughout its proceed announcement as to the transfer of my pair, I vote " yea." ings, and to advise as to the needs of his circuit and as to any matters Mr. STERLING (when his name was called). Making the in respect cf which the administration o.f justice in the courts of the same announcement as before, I vote "yea." United States may be improved. • It shall be the duty of the senio district judge of each district court Mr. SUTHERLAND (when his name was called). Making of the United States to make, on or before the 1st day of August or the same announcement as before, I vote" yea." each year, a report to the senior circuit judge as to the condition o.f the Mr. TRAMMELL (when his name was called). Understand business in his district and a recommendation as to what additional judicial force, it any, is needed to dispose of the busine s of such dJ!! ing that the Senator from Rhode Island [Mr. CoLT], with whom trict with reasonable dispatch. It shall not be sufficient for him merely I have a general pair, would vote as I propose to vote on the to state in his report the cases as sho.wn upon the docket of the court, passage of the bill, I am at liberty to vote. I vote "yea." but, after investigation, be shall express his best judgment as to the condition of business existing. or likely to arise in his court during the Mr. WALSH of Montana (when his name was called). I am ensuing year. The senior circuit judge, or, in his absence, a judge rep advised that the Senator from New Jersey [Mr. FRELING resenting the circuit at the conference, shall present such reports to the HUYSEN], with whom I have a pair, would vote as I shall vote. conference, with a summary thereof, and his comment thereon. The Attorney General shall, upon request of the Chief Justice, report I vote " yea." to said conference on matters relating to the business of the several Mr. WATSON of Georgia (when his name was called). I am courts of the United States, with particular reference to ca,uses or pro paired with the junior Senator from Pennsylvania [Mr. PEPPER]. ceedings in which the United States may be a party. The said conference shall be presided over by the Chief Justice of the If present, that Senator would vote " yea." If free to vote, I United States, or, in case of his disability, by any justice of the Su would vote "nay." preme Court in the order of seniority. · 1\lr. WILLIAMS (when his name was called). I transfer my Said conference shall make a comprehensive survey of the conditions ot business in the courts of the United States and prepare plans and pair with the Senator from Indiana [Mr. WATSON] to the Sen schedufes for the assignment and transfer of judges to or from cir ator from Nevada [Mr. PITTMAN] and vote "nay.'' cuits or districts where the state of the docket or the co.ndition of busi .ness indicates the need therefor, and shall submit such suggestions to The roll call was concluded. the various courts as may seem in the interest of uniformity and expedi- Mr. OVERMAN. I desire to announce that my colleague tion of business. · .. [Mr. SIMMONS] is absent on important business. He is paired The Chief Justice and each justice or judge summoned to and attend ing said conference shall be allowed his actual expenses of travel and with the junior Senator from Minnesota [Mr. KELLOGG]. If my his necessary expenses tor subsistence, not to exceed $10 per . dayl. colleague were present, he would vote "nay." which payments shall be made by the marshal of the Supreme Court or Mr. CURTIS. I de ire to announce that the Senator from the United StAtes upon the written certificate of the Chief Justice. · SIC. 3. That sections 13, 14, 15, 16, 17, and 18, as amended by the Delaware [Mr. DU PoNT] is paired with the Senator from Mis.:. act of October 3 1913 (ch. 18, 38 Stat. p. 203), of the Judicial Code, souri [Mr. REED] and that the Senator from New Jersey [Mr. be amended to read as follows : · EDGE] with the Senator from Oklahoma [Mr. OwENJ. " SliiC. 13. (1) A district judge for a district may be designated to act I also wish to announce that the Senator from Maine [Mr. in another district of the same circuit including territory attached thereto)- HALE], the Senator from Ohio [Mr. WILLis], the Senator from " (a) In the place of a district judge who is phy ically or mentally Pennsylvania [Mr. CRow], and the Senator from 1\iichigan [Mr. unable tor the time being to perform his duties or who is or who is to be necessarily absent from his district ; NEWBERRY] are nece sarily absent. u -present, these Senators "(b) In aid of a district judge who on account of the accumulation would vote " yea." . and urgency of business is unable to perform speedily all the work of The result was announced-yeas 44, nays 21, as follows: his district ; " (c) In aid of a district judge when the public interests o require. YEAS-44. " ( 2) Such esi::nation shall be made by the senior circuit Judge , . Ashurst Fletcher Moses Rawson whenever he is satisfied that condition (a), (b), or (c) exists and that Ball Goodillg Myers Shortridge the designation can be carried out without such prelud1ce to the regular Bursum Harreld Nelson Spencer 0 Calder Hitchcock New Sterling :'h:ft ~fsi~ee i~e~1~i~~rijc~d~; ~i~c~~t~~k~n~t o~~%~ BJi~iiict~~~d~~ifs Cameron Johnson Nicholson Sutherland for which he is appointed, and shall devote his time to the duties ot Cummins Kellogg Norbeck Trammell his office, and shall not engage- in any other employment for which be Curtis Keyes Oddie Wadsworth receives compensation, and for offending .against the provisions of this Dillingham Len root Page Walsh, Mass. section shall be deemed guilty of a high misdemeanor. Elkins McCumber Phipps Walsh, Mont. " S:mc. 14. (1) .A circuit judge may be designated to act as district Ernst McKinley Poindexter Warren judge in any district of his circuit or of attached terrltor.r ill any case Fernald McLean Pomerene Weller where a district judge might be so. designated. .1922. CONGRESSIONAL RECORD-SENATE . - 5175 '' "(2) ·Such designation may be made by the senior circuit judge ("!ho operation of Government-owned radio stations for the use of the may designate himself) whenever he is satisfied that the occasion therefor exists and that the public interes-ts so require. general public, and for other purposes,'' approved June 5, 1920. "(3) This section shall apply to the circuit judges formerly com The message also announced that the House returned to the prising the Commerce Court. Senate, in compliance with its request, the bill (S. 2992) au "SEc. 15. (1) A district judge of a district (called herein t~e ~orne district) may be designated to act in any district of another cucmt or thorizing the Secretary of War to furnish certain information its attached territory (called herein the aided district) in place of or for historical purposes to the adjutants general of the several In aid of a judge thereof, in case-- States and the District of Columbia and making an appropria " (a) The senior circuit judge of the aided district shall certify to the Chief Justice of the United States that the public interests require tion therefor. the designation of an additional judge or judges in such district and PETITIONS AND MEMOBI.ALS. that it is impracticable to supply the need from among the judges of his circuit; and . Mr. NELSON presented memorials of sundry citizens of " (b) The senior circuit judge of the circuit of the home district shall Fergus Falls, Minn., remonstrating against the enactment of certify to the Chief J1:1stice o! the United States that neither the legislation providing for compl).lsory Sunday observance in the business of that district nor of other districts in that circuit will suffer by the proposed designation. . District of Columbia, which were referred to the Committee on "(2) Such designation may be made by the Chief Justice if, in his the District of Columbia. judgment, the public interests so require. Mr. CAPPER presented a resolution adopted by Crawford " ( 3) For the purposes of this section the District of Columbia is to be deemed one of the districts which may be aided and likewise a cir County Farmers' Union, No. 25, at Girard, Kans., March 28, cuit, the Supreme Conrt of the District of Columbia is to be deemed a 192,2, favoring the enactment. of legislation to stabilize prices district court to which designations may be made, the justices of the of the principal farm products, which was referred to the Com court of appeals as circuit judges, and the chief justice thereof as the senior. mittee on Agriculture and Forestry. "SEc. 16. (1) The designation provided for by sections 13, 14, and :Mr. ·LADD presented resolutions of Mill Creek Local, No. 28; 15 shall be in writing, signed by the judge or justice designating, and 51, shall specify the district aided, the judge designated, and the period of and Four Lakes Local, No. both of the Western Progressive service. Grange, in the State of Washington, favoring the passage of "(2) It shall be filed in the clerk's office and entered in the minutes Senate bill 2664, the Ladd honest money bjll, which were re of the district court of the aided district; and when so filed and entered shall be conclusive evidence of all the facts necessary to support it. ferred to the Committee on Banking and Currency. " ( 3) A certified copy shall at once be furnished by the clerk to the He also presented a petition of members of Red River Lodge, judges designated; also to the judge of the aided district; also (if under No. 379, Brotherhood of Railway Clerks, Freight Handlers, Ex section 15) to the senior circuit judge of each of the two circuits. "Sxc. 17. (1) During the period of service named the judge desig press and Station Employees, of Fargo, N. Dak., praying for ac nated under sections 13, 14, or 15 shall have all the duties, powers, and ceptance of the offer of Henry Ford relative to the Muscle rights of the judge of the aided district (excepting the power of ap Shoals project, which was referred to the Committee on Agri pointment to a statutory position or of permanent designation· of news paper or depository of funds) : Provided, however, That in case a culture and Forestry. trial has been entered upon before such period of service has expired He also presented the petitions of John Skubina and 70 others, and has not been concluded, the period of service shall be deemed to be of Center and vicinity; Mrs. A. o: Stoen and 8 others, of Buf extended until the trial has been concluded. · "(2) Any designated judge who has held court in another district f~ilo Springs ; Otto Olson and 11 others, of Oriska ; Alex Fergu than his own shall have power, notwithstanding his ab ence from such son and 32 ·others, of Lankin; c. 0. Peterson and 3 others, of . district and the expiration o! the time limit in his designation. to decide Nortonville ; L. 1\I. Haugen and 19 others, of Taylor; Mrs. J . all matters which have been submitted to him within such district, to decide motions for new trials, settle bills of exceptions, certify or 1\.fuffie and 37 -others, of Straubville and vicinity; Fred Breb authenticate narratives of testimony, or perform any other act required mer and 35 others, of Wales and vicinity; Paul and Bertha by law or the rules to be performed in order to prepare any case so Roseman, of Upham ; and Mrs. Noah Willett and 21 others, of tried by him for review in an appellate court ; and his action thereon in writing filed with the clerk of the court where the trial or hearing Ha~·nes, all in the State of North Dakota, praying for the enact was had shall be as valid as if .such action had been taken by him ment of legislation .reviving the United States Grain Corpora within that district and within the period of his designation. tion so as to stabilize prices of certain farm products, which "(3) Whenever, . pursuant to any law, more than one district judge is authorized to hold court in the same district, each may, separatelY', were referred to the Committee on Agricultm·e and Forestry. but at the same time, bnl.d a district court and discharge the judicial REPORTS OF COlfMITTEES. duties of the district judge therein, but subject to section 23 hereof. "SEc. 18. (1) Any power given by sections 13, 14, or 15 to the senior :Mr. FERNALD. Mr. President, I report back from the Com circuit judge may .be exercised by the circuit judge who, on account of mittee on Public Buildings and Grounds, without amendment, the illness or absence from the circuit of the senior, is· acting as such. " (2) In case of vacancy in the office of Chief Justice, or his dis the bill (H. R. 10864) to authorize an appropriation to enable ability from illness or absence, any power given to him by section 15 the Director of the United States Veterans' Bureau to provide may be exercised by the senior associate justice.' ~ for the construction of additional hospital facilities and to pro SJ:C. 4. That section 118 of the Judicial Code, as amendM by the act approved February 25, 1919 (40 Stat. L., p. 1156), be, and vide medical, surgical, and hospital services and supplies for the same hereby is. amended so as to read as follows : persons who served in the World War, the Spanish-American " SEc. 118. There shall be in the second, seventh, and eighth cir War, the Philippine Insurrection, and the Boxer rebellion, and cuits, respectively, four circuit judges; in the fourth circuit, three circuit judges; and in each of the other circuits, three circuit judges, are patients of the United States ·veterans' Bureau. to be appointed by the President, by and with the advice and consent I do not intend to call up the bill for consideration to-night, of the Senate. All circuit judges shall receive a salary of $8,500 a but I wish to give notice that on the next legislative day I year each, payable monthly. Each circuit judge shall reside within his circuit: and when appointed shall be a resident of the circuit for shall ask unanimous consent for its ~onsideration. which he is appointed. The circuit judges in each circuit shall be The VICE PRESIDENT. The bill will be placed on the judges of the circuit court of appeals in that circuit, and it shall be calendar. the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time ac Mr. W.A.. LSH of Montana, from the Committee on the Judi cording to law : Provide

AMENDME~T OF AGRICULTURAL APPROPRlATION BILL. Republic of China shall terminate ann cease on January 1, 1924 "; and the Senate agree to the same, Mr. HARRELD submitted an amendment intended to be pro C. S. PAGE, posed by him to House bill10730, the Agricultural appropriation 1\:l:rr.Ks POINDEXTER, bill, which was orde1·ed to lie on the table and to be printed, as FREDERICK HALE, follows: CLAUDE A. SWANSON, On page 75, strike out the remainder of the paragraph o~ lines ~6, ~7, 18, and 19 beginning with " $6.500 '' on said line 16, and xnsert xn heu KEY PITTMAN, thereof the· following : " $12,500, of which the Secretary i~ h:ereby au Managers on the part of the SeMte. thorized to use not exceeding 3,000 for the purpose of bmldmg a cot WILLIAM S. GREENE, tage for the herdsman, and additional sheds, stalls, and pens for the protection and care of said animals." WALLACE H. 'VHITE, Jr., 0ARL R. 0HINDBLOM, WORLD WAR FOREIGN DEBT COMMISSION. L. LAZARO, Mr. CUMMINS. Mr. Preside~t. I desire to give notice that ·w; ... B. ' BANXHEAD, next 1\fonday at 2 o'clock I shall ask the Senate to go into execu Jlanager8 on the part of the House. Uve se sion for the purpose of considering the nominations of Senator SA£OOT and Representative BURTON as members of the 1\lr. KING. Does the Senator from Washington desire to Foreign Debt Commission. take up the report this ev-ening? Mr. WALSH of Montana. 1\Ir. President, rule 38 provides, Mr. POINDEXTER. I would be very glad to do so. The with reference to nominations, that- House has approved the conference report, and it is a very imple matter. It merely extends for a period of three years an information cmiununicated or remarks made by a Senator woon acting upon nominations concerning the character or qualifications of the existing law-- the person nominated, also all votes upon any nomination, shall be kept Mr. KING. That is, it gives the United States exclu ive secret. control over certain radio operations? That, I take it, necessitates, without some action by the 1\lr. POINDEXTER. Oh, no; tbat is not the effect of it at all. It authorizes, not the exclusive use, but the use of naval Senate·, that the proceedings to which the Senator from Iowa radio facilities on the Pacific-it does· not apply to the At has referred shall be in closed executive session. lantic-for press messages for three years and for commer I think every Member of the body feels that, so far as personal cial messages in cases where there are no private facilities qualifications are concerned, no word can be said in derogation available. of either of the gentlemen named, Senator SMOOT or Represent-a 1\Ir. KING. I have no objection to the facilities being u ed • tive BuRTON. If I expressed my own personal conviction about for press messages if they are not used for purely political the matter, I should say they were both preeminently qualified purposes. . for the position. The sole question for consideration-and I 1\fr. UNDERWOOD. Let me ask the Senator, Is there any -..r am very sure the sole question that will be discussed-is the effort in the )Jill to regulate the wave length? question of ,the eligibility of these two gentlemen under the 1\Ir. POINDEX'rEJR. Not at all. It doe not deal with Constitution, and likewi e the related question as to the policy that subject. of making nominations for such position from among the Mem The VICE PRESIDENT. 'l'he question is on agreeing to bers of both Houses. the report of the committee of conference. In view of·that situation of affairs, I ask unanimous consent 'Ihe report was agreed to. that the subject be considered in open executive session. Mr. CURTIS. Mr. President, I shall ha-ve to object to that ADDRESS BY SENATOR RANSDELL. request. l\lr. McKINLEY. Mr. President, I ask unanimou consent to The VICE PRESIDENT. There is objection. 'have printed in the REcoRD in 8-point type a speech made on DEPARTMENT OF AGRICULTURE APPROPRIATIONS. April 5, 1922, by the senior Senator from Louisiana [1\fr. RANS DELL] before the Massachusetts Chamber of Commerce entitled Mr. McNARY. Mr. President, I move that the Senate pro "Carrying the ocean to the Great Lakes." .. ceed to the consideration of House bill 10730, the bill making There being no objection, the address was ordered to be appropriations for the Department of Agriculture. printed in the RECORD in 8-point type, as follows: The motion was agreed to; and the Senate as in Co.mmittee SPEECH 01!' UNITED STATES SENATOR JOSEPH E. RANSDELL, OF LOUISIANA, of the Whole proceeded to consider the bill (H. .R. 10730) making BEFORE TH» 1\{ASS.A.CHUSETTS CHAMBER OF COMMERCE, AT BOSTON, appropriations for the Department of Agriculture for the fiscal MASS., APRIL 5, 1922. year ending June 30, 1923, and for other purposes, which had CA.TIRYlNG THE OCEAN TO THt!l GREAT LAKES, been reported from the Committee on Appropriations with The proposed deep-water channel connecting the St. Lawrence amendments. and the Great Lakes is a project of vast national importance. Mr. CURTIS. Mr. President, it is the desire to have a short It contemplates the improvement of the St. Lawrence River executive session; and I. suggest that the bill be temporarily to deep. water in Lake Ontario, so that ships drawing 25 feet laid aside. can penetrate to the western end of that lake. From that point Mr. 1\'IcNARY. I ask unanimous consent that the bill, which connection will be made with Lake Erie through the Weiland has become the unfinished business, may be temporarily laid Canal, now being enlarged by Canada to a similar depth, carry aside. ing the ship into Lake Erie. The VICE PRESIDENT. Without objection, it is so This project has been under the most careful. inve ligation by ordered. the International Joint Commission of the United States and GOVERNMENT-OWNED . RADIO STATIONS--cONFERENCE REPORT. Canada, and the favorable report of that body was pre ented to the Senate of the United States by President Harding on the Mr. POINDEXTER. I present a conference report on House 16th of last January. According to this report. it will cost joint resolution 7 and I ask for its present consideration. a:bout $252}000,000 to overcome all obstructions in the St. Law The report was read, as follows : rence, and incidentally these works will develop 1,464,000 con tinuous horsepower at a point on the eastern end of the inter The committee of conference on the disagreeing votes of the national boundary between New York and Canada. One-half two Houses 6n the amendments of the Senate to the joint reso of this, equal to 732,000 horsepower, w,ill belong to the United lution (H. J. Res. 7) to amend section 2 of the joint reso States, the Qtber to Canada. The site of the great dam at Corn lution entitled "Joint resolution to authorize the operation of wall, N. Y., where this power is to be generated, is about 275 Government-owned radio stations for the use of the general miles from Boston and 300 miles from New York City. pub~ic , and for other purposes," approved June 5, 1920, Without attempting to discuss deta,ils, I may say that the havmg met, after full and free conference have agreed to construction of the contemplated deep canals through the shal recommend and do recommend to th.eir respective Houses as lows of the St. Lawrence and around Ni ~ gara Falls will permit follow : · the great fleet of Lake boats, which handle annually aoout 100, That the House recede from its disagreement to the amend ooo,ooo tons, to carry their cargoes from any point on the Lakes ment of the Senate numbered ;1, and agree to the same. directly to .tidewater at Montreal, Quebec, or Halifax, and with Amendment numbered 2: That'the,House recede from its dis- very slight strengthening these same Lake vessels, some of agreement to the amendment of the -s~~ate numbered 2, and which carry 14,000 tons of cargo, can continue their voyage agree to the same with an amendment as follows: In lieu of down the coast to Boston, New York, and other points. It will said amendment insert the following: "on June 30, 1925, also permit, without any further enlargement of the Lake har except that all such ·rights conferred by this section in the . bors and connecting channels between them, ocean-going vessels 1922. CONGRESSIONAL RECORD-SENATE. 5177 drawing 20 to 21 feet to· penetrate· to any point on the Lakes. city of Liverpool, the revenues on whose commerce increased In other words, this project will connect the Great Lakes of five times as much during the 13 years following the opening our northern border, the largest and finest body of fresh water of that canal as the had for the same number of years before. on earth, covering an area of 95,000 square miles, with all the The Kiel Canal, from the North Sea to the Baltic, was made to ·oceans of the world, and will give to the people who live on their save about 400 miles of water distance, not to overcome a shores and adjacent to them the great benefits of ocean trans· physical obstruction like that at Panama, for there has always portation for the innumerable products of their farms, mines, been connection between the North Sea and the Baltic, and the and factories, and for the commodities which they buy in large Kiel Canal was merely for the purpose of saving that distance. quantities from other lands. It proved a great success financially and otherwise. The State The wonderful growth of the Great Lakes region in popula· of New Y.ork, by construction of the Erie Canal from the Great tion, wealth, and general development is one of Ute marvels of Lakes to the ocean, completed about a century ago, demon the past half century. Cities like Buffalo, Cleveland, Detroit, strated in the most forceful manner the vast benefit of water Chicago, Milwaukee, and Duluth -are truly magic cities, and the transportation. The Erie Canal made New York the principal magician's wand which brought them intO' being was the cheap city on the continent and caused it to forge rapidly ahead of transportation of the Lakes on whose shores they are situated. Boston and Philadelphia. Nearly 40,000,000 of America's best citizens live in this favored The people of America are entitled to the best possible trans· region or will derive very great direct benefits from the project; portation of every available kind, by highway, waterway, rail· hence it is truly national in scope, for whatever affects so mate· way, and the air. Nothing is too good for the citizens of the rially more than one-third the people of the Republic is of great freest, most enlightened, progressive, and wealthy country on interest to the whole. If the growth of population for the next earth. We lead the world in railways, both as to mileage and 50 years keeps pace with that of the last 50, we may expect an equipment, with every possible convenience and appliance for increase in these regions to 100,000,000. comfort and good service. We are well advanced in highways, All of these people· are unanimously in favor of the St. Law· though not equal in this particular to some European nations. renee project, for they believe it will be of immense benefit to Highway development, however, is going forward by leaps and them in carrying their surplus products to the ocean at cheap bounds with every prospect that in our more wealthy and popu water rates, about the same relatively as the rates which have lous States the roads will soon be as good as any on earth. We caused the marvelous development of their section. They realize taught the world how to fly, and great progress is being made in that more and more it is necessary for them to have cheaper air navigation. We have improved many of our harbors and rates and to guard against congestion in shipments to and from a few of our rivers just as effectively as any other countries, the North Atlantic seaboard, from which they have suffered so and the earth profits largely by our Panama Canal. We have severely during the past decade. They realize that the people in receh·ed marvelous benefit from modest expenditures in deepen far-off Oregon and Washington are closer to Boston and New ing the harbors on the Great Lakes and the connecting channels York via the Panama Canal, so fa.r as freight rates are con between them. cerned, than are those of Iowa. They realize that the center of For the country at large the average cost of transportation by their great wheat-growing section is from 1,000 to 1,200 miles rail is approximately 12ru mills per ton per mile. If coal is ex· away from deep water, whereas the grain centers of other coun eluded, this average rises to 15 mills. The average of freight tries, such as Russia, Australia, and the Argentine, are only rates on the Great Lakes is 1 mill, and on the ocean it varies, about 250 miles from the sea. This is a great handicap to them. according to the class of freight, from 1 to 3 mills. It would They feel that if the ocean can be carried westward into the be safe to say that 2 mills per ton·mile is a f~r water rate in heart of .the continent, 1,400 miles from Montreal, to Chicago comparison with an average rail rate of 15 mills. Let us apply and Duluth, thereby giving them ocean ships on the northern these rates, by way of comparison, on shipments from Boston boundary, just as the people of the West, the South, and the East to Chicago and Duluth. The rail distance from Chicago to enjoy the benefit of ships, it will place the Middle West on terms Boston is 1,034 miles and th.e distance by water 2,682 miles. To of parity in transportation with other States of the Union. Duluth the relative distances are 1,513 miles by rail and 2,775 This briefly is the project, and this is the way the West feels by water. The rail rate, -therefore, from Boston to Chicago about ib for a ton of freight at the present average would be $15.51 Beyond a question the project is a mighty one, worthy of the as against an estimated water rate of $5.36. The rate from best thought of all economists and statesmen. When carried to Bo ton to Duluth would be $22.70, as compared with the :water completion, its effects will be marked, not only on the vast com· cost of $5.55. It is impossible to be exact in estimates of this merce now moving between the Atlantic seaboard and the Great kind, but these figures are substantially correct, and they cer Lakes but also between the Great Lakes and the Gulf. It will tainly indicate that water rates between Boston and Lake ports make a new channel on which a large quantity of freight will are infinitely cheaper than by rajl. move; it will be comparable to Suez and Panama, the construe· Present rates on a bushel of wheat carried from Chicago or tion of which changoo trade routes of the world ; and just as Duluth to Buffalo by water amount to 2 cents or less, and on these two interoceanic canals ba ve proved the utmost benefit to the ~arne mileage basis, with proper allowance for delays in mankind by shartening distances thousands of miles and cheap· canals and locks, 3 to 3! cents would be a fair rate from either ening freight rates immeasurably, so will the St. Lawrence of these cities to tidewater at Montreal. , The lowest rates oceanic canal result, perhaps in a smaller degree, in like benefits at which grain can now be cwrried from the West is 2 cents per to the people of Canada and the United States. bushel for 1,000 miles of transit to Buffalo and 12 cents ,for an Transportation affects every man, woman-, and child in the average of 450 miles of railroad from Buffalo to ship side at land and enters into our life in the most intimate manner. It New York or Boston, a total of 14 cents. This indicates a sav· is so commonplace that few of us realize it, and anything which ing to tidewater of at least 10 cents per bushel via the St. greatly cheapens the cost of transporting from vast centers of Lawrence route; and as New York and Montreal are about population, living thousands of miles apart and exchanging im equally distant from Liverpool, it would mean a saving of that mense volumes of commerce of every kind and sort that enters amount on the through rate to that world center. The great into modern civilization, is of vital import to national welfare. fleet of ships on the Lakes are undoubtedly the cheapest car· The only point to be considered is, Will such a canal as that riers of freight on earth between ports on the Lakes; and this proposed on the St. Lawrence really cheapen in a material de same cheap rate, substantially, to tidewater at Montreal or gree freight rate from the center of the country to the Atlantic Halifax can be enjoyed by all the products of the Lake regions and vice versa? Will this cheapening in the aggregate amount when the St. Lawrence route is completed. What is true of the to anything like as much anmially as the total cost of the proj rates on grain is also true of rates on many other products of the ect, which its enthusiastic friends claim for it? If so, there can Great Lakes region. There is no doubt also that the St. be but one answer, and that is we must construct the project Lawrence route will very favorably affect transportation costs as quickly as possible regardless of expense. . between the Lakes and Atlantic coast ports, which consume a It is no argumPnt to. say that nature has placed serious ob large percentage of the grain and other products of that great structions in the way, which can only be overcome at heavy cost. section. In turn, there will be a similar saving in freight in the Greater obstructions were overcome by the Suez Canal, con· products of the Atlantic coast shipped to the \Vest., necting the Mediterranean with the Red ·Sea, and infinitely It is a generally admitted principle of_political economy that greater by the Panama Canal, -which links together the Atlantic the price of any commodity of universal use, such as corn or and the P_acific. The wise people of England built the Man· wheat, is determined by tl!e price at which the surplus of the chester Canal, at a cost of one hundred millions, to carry the product is sold. Liverpool is the point at which the surplus of sea to the wharves of that city alone. Liverpool objected more grain of the world is disposed of. To this great city grain is seriously to thi project than any city in America is now ob shipped from the United States, Canada, Argentina, Russia, jecting to the St. Lawrence Canal, and yet the greatest bene and Australia, and there, in competition with the world, the ficiary of the Manchester Canal afte1· its completion was the price of grain is fixed. This price, to a very great extent, gov· 5178 .CONGRESSIONAL RECORD-SEN ATE. APRIL 7, erns not only as to the grain sold in the Liverpool market but persons engaged in producing these things are the best cus~ in the producing countries as well. Tbe price, therefore, to the tomers of our merchants and manufacturers ; hence there is the fanners in the grain sections of our great West is the world strongest community- of interest between them, and there should .price in the Liverpool n:~arl\et less the cost of transportation be close cooperation. Wise statesmanship and a spirit of fail' between the farm and England. ness toward all our citizens demands that everything possible. The American fa:rnter receives for his entire crop of grain be done for these people upon whom we all depend. It is un the Liverpool price less the freight frem. his farm to Liverpool. doubtedly proper to assist these large classes of our citizenship It therefore follows that if the constl'ucti()n of the ocean water by giving cb,.eap transportation to their principal products, way from l\f()ntreal to Lake Erie reduces the freight on our thereby enhancing the price thereof, while at the same time grain exports to Europe 10 cents per•bushel, the farmers of this aiding substantially the merchants, manufacturers, and all ~ountry will receive for their grain, which aggTegates about others in th Great Lakes. section of 40,000,000 people. three and one-half billion bushels a year, an~ addition of 10 I have spoken in general terms, and shall now specialize cents per bushel over the price of grain sold under existing somewhat. The New England States, with the exception of freight conditions. This will mean upward of three hundred Maine, which uas a fa:ir supply 'of timber, have practically no and fifty millions per year saved to American farmers on grain raw materials of any kind, but they are very rich in brains and alone. If we estimate one-half of this amount, or 5 cents per energy. No section o.f the Union is inhabited by more indus .bushel only, to be conservative, the ann-ual freight saving on trious, frugal, hard-working, sensible men than New England. grain will be equal to one hundred and seventy-five millions. If dependent upon the resources of their own section, however, There would be a very great saving also in freights on e~orts they would soon starve. They draw- raw material from every of. every kind. amounting in the aggregate to many millions part of the Union, and from every country on earth, and con anm,mlly, though n{)t as much in. proportion as on the grain. vert it in their innumerable facto1•ies into every imaginable The West is a very large p~oducer of manufactured coJJllPodities, article for the use and comfort of mankind. Most of· these fac such as packing-house products, autos, rails, farm machinery, · tories are operated by steam-electric power created by coal and so forth, and is also extrentely rich in minerals, such as from Pennsylvania and West Virginia, the cost of which is in- iron and copper, much of which is shipped abroad. The West . creasing rapidly. At this moment the greatest coal strike ever also consumes a large qua,ntity of imported goods., and on these known g1•ips our country, and no one. can foretell its .effect upon importations there would likewise be a considerable saving in the price and supply of this essential article. Moreover, scien freight rates. tists tell us that the supply of coal in the Pennsylvania and It is my candid opinion, after careful study, that if the pro ·west Virginia fields, the only mines in the Union near the posed oceanic canal is completed, so that boats having a draft of Atlantic seaboard, is rapidly being consumed, with the pros 20. to 21 feet can go to ·and fru between the ocean and the Great pect that the seams which can be mined cheaply will be ex- Lakes laden with the commerce of the world, the annual saving hausted within two or three generations. . . to American citizens in cheaper freights than the railroads can Cheap motive power is becoming more and more important possibly afford to charge them would, at a vm~y conservative to New England. As an illustration, cotton factories, whicb: for .figure, amount every year to more than one-half the entir-e cost a long time constituted a great percentag-e of their bu iness, are of the proposed impro.vement, including the Weiland Canal. rapidly being moved to the Soufu, where raw cotton is grown in Tllose who fea,r-damage to railways through the cheaper water close proximity to the mills, and abun-dance of water power is transportation to be afforded by this project should bear in Jlli,nd available. at much lower cost than the New Englander· pays for that rail traflic~ is increasing at such a rate as to cause grave his power generated by coal. tear of another railroad crisis the next time there is a revival What happened to cotton may be expected by New England of business. Tbe following quotations from a recent address of in other things unless she can find cheap motive power. The Mr. Elisha Lee, vice president of the Pennsylvania Railroad, are future is bo)lnd to bring greater competition in production and interesting in this connection : distribution of manufactured products. Sections which h~ve Traffic on our 41:nerlcan railroads, measured in ton-miles, douQle~;~ once abundant supplies of water power or coal will be able to manu in a decade. This rate of increase has· been maintained for at least two generations with surprising regularity, despite the ·varying cycles ot facture so much cheaper than communities· where motive power booms, panics, and depressions tl;lrougb which the country has passed is very high that inevitably factories will be compelled to meanwhiln. move where there is cheap power. As inventive genius marches The next time our coun,try bas a real reviv~l ot business we shall in onward, always requiring more work from machinery and less all probability be confronted with the most severe congestion o.t rai~oad traffic and the greatest inadequacy of railroad facilities ever experienced from ma~ the proportion of motive power to man power in in our history. When tha.t happens rates will be lost sight of. Every creases, and the relative importance of the cost of fuel becomes oJ;le will be clamoring tor service. Nothing could more quickly check a wave of prosperity than the inability of our railroad facilities to handle greater. traffic which good times will create. New England has been obliged to pay very high rates for coal · I am firmly convinced that we face such a condition witll almost during the past three years, and has suffered much anxiety absolute certainty in the not remote future. . from strikes, traffic congestion, and other untoward conditions. · This statement is C{)rroborated by a very prorninent man in Surely none but the most confirmed optimist can look forward railroad circles, in whose judgment I have confidence-; and the to a cheapening of coal, especially when we ctmsider tl1at our following figures recently reported by the Inter~tate Commerce large population and our· big exports of this commodity are rap, Commission, showing our railroB6] traffic since 1890, substan- idly diminishing the supply along the Atlantic seaboard., It tiate their statements: is, therefore, imperative for New England to look out for other N~t ton-miles. and cheaper motive powPr. umo------.~------76, 207, 047. 298 'Vater-power plants, once constructed of solid concrete, will 19l01900------______255,016,910,451141,599,157,270 last forever with very slight change in the supply or the pric-e 1920------~------447,278,126,869 ef the motive agent. Coal mines become exhausted after a few Our experience during the 1918 raih·oad crisis is too recent generations; the price of coal fluctuates greatly, with a constant and its effects too keenly felt to allow us to be unmindful of the rising tendency, and the coal miners frequently strike, with a dreadful calamity of such a congestion of traffic as Mr. Lee resultant increase of Iwice and diminution of supply. predicts and the statistics from the Interstate Commerce Oom Experts differ in opinion as to the relative costs of hydro ·mission indicate. electric as compared with steam power, but all admit that hydro Tl1e. mass of traffic to be handled 10 years from now will be so electric is much cheaper. I visited last week a big team elec great that every facility of transportation will be required tric power plant at Gorgas, in north Alabama, which is located highways, railways, waterways, and the air. The shifting of at a coal mine, where coal delivered into the furnaces costs some of the bulk products of the Lakes to the St. Lawrence only $2 per tol!. The managers told me that the cost of this route will be of immense benefit to the railroads ill relieving steam electric power was much greater than that of the hydro them of expenditures and leave their p1·esent tracks available electric power generated by the same company, even though for local and high-grade freight. there was no trrrnsportation charge whatsoever on the coal. I am not one of those who believe that the farmers have been I was told by the vice president of the Alabama Power Co. badly treated, and that other classes of our citizens have re that in 1907, when the hydroelectric plants of his company were cei\ed greater favors at the hands of the Government, but in fu·st developed, the cost of horsepower to the consumer in Ala the ordinary course of atf'airs it seems that agriculturists have bama was $72 per annum, ·and in 1917 only $21 per annum. not been so fortunate as some of the others. Agriculture is the In t11e State of Mississippi, which has no hydroelectric plants, source, the basis, and the foundation of most of our national the cost of horsepower was $96 per annum in 1907, and $93 per wealth. annum in 1917. Everything we eat and wear comes originally from the soil Professional Paper 123, " A superpower system for the region or the waters of the sea. The only original sources of wealth between Boston and Washington," recently published by .the ar:e the products of the farm, forest, mine, and sea, and the ~ological Survey, states that the power from the St. Lawrence 1922. CONGRESSIONAL RECORD-SEN ATE. 5179 can be delivered at Northampton, Mass., for 4.6 mills per kilo it should and must be in the near future, will permit the car watt hour. When this figure is compared with the production riage of freight by 2,000~ton barges from the Mississippi·, Ohio cost of power by steam electric utility plants in New England, and Missouri River sections to the Great Lakes, thence through 27.5 mills per kilowatt hour, given in the same report, it would the Erie Canal, and the improved St. Lawrence to the Atlantic, appear that the chief question of interest to New England in and vice versa:, to the Gulf, thereby giving the valley an outlet regard to the St. Lawrence project should be : What is the to the sea at both ends. earliest possible date on which power from the St. Lawrence The people of the Mississippi Valley should, and I believe will, can be placed on the market in New England? joill hands with those of our northern border in giving to that Without attempting to give the relative prices to the New section a perfect system of improved and connected waterways, England consumer of hydroelectric power generated on the St. and the statesmen of that region will assist in pushing to rapid Lawrence, as compared with steam electric power, it is safe to completion the projects- for improving the great river of the say that the hydroelectric power would be yery much cheaper. valley, which have already been too long delayed. I do not presume to say at what price this power from the In the immediate future the United States will derive a great St. Lawrence should be sold, nor whether or not the price deal more benefit from this project than the Dominion ot should be such an amount as would pay the interest on the Canada, but the great statesmen of that wonderful Common cost of the entire waterway improvements and amortize the wealth, foreseeing its rapid growth1 seem to be willing to pay debt within a period of 30 to 4{) years, as has been suggested. one-half of the enterprise. This indicates statesmanship of the Those are details which can be worked out to the best interests highest order, and should be a lesson to all. The people of of all, and with full justice to the consumers of the power. Our Canada. and the United States have lived- together as brethren Government should raise the money for its portion of the ex for more than a hundred years with not a single fortre s or pense of the project by an issue of bonds, so that the expense soldier along the whole 4,000 miles of their boundary from the will fall upon the Nation. Whatever revenue arises from the Atlantic to the Pacific. Canada bas heavy investments in this sale of the electric horsepower can be credited on the cost of country, and we should reciprocate by like investments in her the enterprise, but I would not favor fixing the price of the borders. The proposed project would increase, if that be pos power high enough to pay the interest and amortization of the sible, the present friendship and cordiality between the two debt, unless that price happens to be a fair and proper one. nations, and bind them in ties of mutual interest, with their I am decidedly opposed to charging tolls on this waterway, people working side by side for the common good of all. Our and sincerely hope that when constructed it will be open and relations should become more intimate with Canada for many. free to all the world. The people of Canada do not charge tolls business reasons. This waterway will be a strong additional on the Weiland Canal nor do those of the Empire State charge link in the long chain of friendship which now unites the two tolls on their great canal system. Our Govei'n.IDent has never nations, and which I hope and believe will last until the end of charged tolls for pa sage through the Sault Ste. Marie locks, time. the Detroit River, nor the locks of the Ohio, nor for the vast In conclusion, I believe in the St. Lawrence project. It is improvements made on the Mississippi, nor for the use of your needed as an adjunct to our transportation system. The benefits own magnificent Boston Harbor, nor for the harbors at New to transportation are incomparably greater than the cost of the York and othe1· great cities. Why, then, should we charge project. The power to be developed is much cheaper than coal~ tolls on the St. Lawrence?" and is necessary for the factm·ies, both present and prospective, It is necessary in acting upon questions of this character to of the adjacent sections of the United States. The benefits ) i\ take into consideration the greater good of the greater number, to be derived in a general way will be very great. It is my rathet· than look to selfish interests of the smaller number. I earnest hope that negotiations may be speedily entered upon can not conceive how any part of the United States would be between our country and Can~da for the construction of this seTiously injured by the proposed waterway. The State of New waterway and carried to an early and successful conclusion. York with its great industrial canal system, on which it has expended out of its own funds about $175,000,000, seems to be .ADDUESS BY SENATOR REED. more opposed to the project than any other section, but I feel 1\fr. KING . . Mr. President, the senior Senator from Missouri that New York would get as much, if not more, benefit from it [Mr. REED] delivered in St. Louis recently an address, a copy of than any other State, though a portion of the grain which now which I have just read from the St. T.~ouis Post-Dispatch .under seeks an outlet through New York City would find direct passage date· March 19, 1922. The speech deals with a subject of vital to the ocean through the St. Lawrence, and to some extent importance to the American people, namely, the fundamental there would be a reduction of New York's grain movement. principles of our Government and the steps needed· to safe New York is now, and always will be, the metropolis of guard and protect the liberties of the people. In this day of America, the center of population and of wealth, and whatever false isms and false political philosophy, and when opportunism benefits in such a big, broad way the vast interior of the Nation and transitory policies are urged with so much thoughtless and adjacenf to the Great Lakes, thereby adding enormously to the foolish vehemence, it is fo-rtunate that attention is challenged national wealth, is bound to benefit the leading city of the to the principles which underlie this Republic and appeals are N~tion. made for their maintenance in order that the work of the Another very important consideration in connection with New fathers of the Republic may not be destroyed. York is that the 1,460,000 bor epower developed at Cornwall I ask unanimous consent that the address of the Senator from will be in closer proximity to the heart of the Empire State, and :Missouri may be printed in the RECORD. especially to such cities as Albany, Schenectady, Syracuse, and There being no objection the address was ordered to be. printed in the RECORD in 8-point type a.s follows: Rochester, than to any other big centers of population. These / citie lie on the banks of the Erie Canal and are served by two LAW AND ORDER. great railroad systems with six parallel lines. There is no bet ter transportation system anywhere in America th-an along the When Washington raised the standard of revolt there was Erie Canal with its six railroads. This region is ideally situated not in all the world a single free nation of size and impo-rtance. to become the greatest manufacturing center in America, because Mankind suffered beneath the double yoke of intellectual and of its cheap and efficient transportation for all raw materials political despotism. brought to its factories and for distribution of their finished Ruling families, ceaselessly carrying on against each other products. When to these advantages is added the cheap elec wars of revenge, religion, territory, and trade, made common tricity generated by the great plant at Cornwall, the interior cause in the oppression of the masses of men. section of New York would have wonderful superiority over any Resistance to authority was denounced as defiance of God. other section. Moreover, this cheap electricity can be carried The impious doctrine that kings ruled by divine right was not alone to these cities but also to Buffalo and to New York universally taught, univer ally accepted, ana universally en City itself~ Buffalo is about 250 miles distant from the plant forced. and New York City about 300 miles, which is within feasible It was asserted that the common man enjoyed the right to transmission distance. hold property and to labo-r with his bands as a privilege granted The lower Mississippi Valley need have no fear that this canal by the divinely appointed monarch. . , will injure it. The same general arguments apply to that -sec The seizure of the persons, property, and effects of the ub tion, and suTely if there be a vast increase of population, manu ject could be accomplished without other authority than the will facture, wealth, and all that goes to make a great nation in the of the soveTeign. regions adjacent to the Great Lakes, the lower Mississippi is The citizen could be ca t into prison without charge and with bound to derive great benefits therefrom. out trial, hi-; home invaded without warrant, his. p'l:pers and The Mississippi River and its 16,000. miles of navigable effects rifled and confiscated by royal soWiery and constabu streams will soon be connected by a 9-foot canal with the Great lary; the women of his household were abu;red under sanction Lakes at Chicago. This wonderful system, when improved, as of law. I .5180 CONGRESSIONAL RECORD-SENATE .

BA&BARITIIIS 011' . JlARLY DAYS. other branch is n direct defiance o.f the spirit of the Con titution. These odious prerogatives were enforced with barbarous Likewise the supine surrender by one branch of the Govern cruelty in various countries of .the world. At one period over ment to the dictation of another branch is equally de tructive 120 acts were in Great Britain punishable by death. The and even more vicious because its accomplishment involves the ghastly array embraced alike armed rebellion and the killing basest of betrayals by those in whom has been reposed a sacred of a rabbit on the hunting preserve of a noble, and from the trust. If the Supreme Court were to permit either the President practice of religion according to the tenets of the Catholic or the Congress to dictate tile decision. of the court they would Church and to the teaching of the alphabet to a Catholic child. thereby betray the people and destroy the court. If the Con Even the imaginary crime of "imagining the death of the gress or the Supreme Court were to attempt to coerce the Presi King" brought the ax of the executioner. dent as to matters within the just limits of his power tlley . The ruling monarchs devised punishments of diabolic ferocity. would be guilty of usurpation. Likewise, if the President were l\Ien and women were broken on the wheel, tortured upon the to tamely surrender. to Congres the powers conferred on him by rack, hanged from gibbets, drawn and quartered, anq burned the Constitution he would have b.etrayed hiS' office and violated alive at the take. his trust. By parity of reasoning, as well as by direct deduc Revolution alone mitigated these horror ·. In England cer tion, if the President were to coerce Congress he would be a tain fundamental rights had been wrested from the King. But usurper, and if Congress were to abandon its independent judg in England, a. el ewhere, no right had ever been granted save ment and make itself subservient to the presidential will, the at the point of a word. Congress would have abandoned the purpo e of its creation, be Tlie American Revolution was the first complete and uccess- trayed the people, and nullified the Constitution. ful challenge to autocracy. Wheneyer the American Congress cea. es to independently and Because America made herself free, all the world is becoming fairly perform the dutie impo ed upon it, when it becomes tht> free. subservient tool of an Executive, the liberties of the American But if the fathers had only broken British thralldom the people will be dead and the Republic will have become a de pot people would not have attained liberty. · The Republic born ism regardle s of its name and regardles of its form. of trife and blood would have ended in blood and anarchy. u WOULD BECOME DESPOTISl\I." The tyranny of kingly government would have been suc ceeded by the tyranny of the mob ; the despotism of hereditary Lying, therefore, at the very foundation of our libertie is the ruler by the despoti ·m of powerful individual.._ . great principle of law that each agency of the GoYernment must separately, independently, and fearle 1)7 exerci ·e its function ENFO&CE~IENT OF LAW • . reposed in it under the Constitution. When Congre s cease to There can be no liberty ave under the rule of law. There perform it duties with coura()'e and intelligence, when it sub cnn be no liberty under the law unless the law are sacredly ordinates its will to that of the Executive, America will have observed and faithfully enf reed. become a despotism ruled by a single mind. The remedy for bad law is never to be found in their breach. The _principle of repre ·entative government will have been There is but one way to get rid of an odious law and that is by destroyed. Congre~s will have become a mere board of register its repeal in the manner and form provide<;} in the Constitution. to record the overeign will. We shall have reached the con There is but one wav to alter the Constitution and that is by dition of Germany, where the Reichstag r corded the will of the method in that in trmn,ent prescribed. the Kaiser. If this fundamental principle is abandoned in one case, it can -The E~econd propo!'lition I v-enture to advance i · that the Con be disregarded in all ca ·es. In such an event the end of the stitution and all parts of the Con titution are equally sacred. rule of law has come and for it i substituted the caprice of ~o one of its provisions can be subordinated to another . the mob or the dictation of the powerful. provision. All are entitled to respect. The doctrine that in The obligation I am discussing rests alike upon the office order to enforce one provision of the Constitution other provi holder and the ordinary citizen. Indeed, v-iolation of a law by sions are to be trampled under foot is odius and g1·avely dan a public official is more dangerous and culpable than violation gerous. The claim that nece sity warrants the violation of any by the ordinary citizen. part of the Constitution. if indulged, would reduce that sacred The e truths were known to the framers of the Republic. instrument to a ·crap of paper. I assert there is no principle They especially appreciated the tendency of those clothed with of the Con titution 'Yhich can not be enforced and everv other office to usurp to themselves powers not granted. They fully part of the Constitution presen-ed intact. · understood that usurpation is, in fact, despotism, whether it be The claim that certain of the provisions of the Con titution exercised by a parliament or a congress, a kaiser or a gendarme, may be disregarded upon the plea of necessity i the assertion a president or a policeman. that those qualified with power may nullify the provisions of To forefend against the e age-old tendencies the Constitution the instrument whenever in their judgment such action is was ordained. By it the powers of the Federal Gov-ernment desirable. Thi. is only one way of as erting that the" will of w~re strictly defined and expressly limited to prevent usurpa the officeholder is superior to the fundamental law of the tion and centralization. They divided the powers of govern laud. · ment into three eparate and coordinate branches, each abso EFFECT OF DISREGAllDI~G L.AW. lutely independent of the other, and each possessing specific The doctrine I am discussing could be employed at any powers which it was authorized and directed to exercise with· moment to strike down every right granted by the Constitution. out interference by the other branches of the Government. The right of trial by jury could be abrogated whenever those in The svstem was one of checks and balances. The fundamental authority saw fit to pretend that juries would not enforce the and controlling thought being that the powers of government law. Religious. freedom coul

GREAT POltl-ClEB Oli' STA.'~E. KENTUCKY. Along witb a respect for law, our Nation has frc:tm the first James H. Thompson to be postmaster at Ewing, Ky. Office. adhered to certain great policies of state. Among these has ·became presidential October 1, 1920. been the principle that America ~hall not embark in schemes Edgar P. Catron to be postmaster at Junction City, Ky. of empires; that she shall pursue her own high cour e, with Office became presidential July 1, 1920. out infringement upon the rights of other peoples. . It has been laid up among the very fundamentals that we MAINE. shall not entangle ourselves in the broils, controversies, and . Osmond S. Waite to be postmaster at North Jay, Me. Office intrigues of the Old World. The pursuit of this cour e has became presidential October 1, 1921. gained for us the good will, the respect, and even the affection l.HCIDGAN. of all mankind. Wa hington, Jefferson, and all the fathers Earl E. Parker to be postmaster at Cement City, Mich. knew that we could . not interlere with the affairs of other Office became presidential April 1, 1921. nations.. witllaut.·subjectirrg..!ourselves to danger of interference Elfreda L. Mulligan to be postmaster at Grand Marais, Mich., by other nations with our ·affairs. . Office became presidential January 1, 1922. Under these policies America has prospered beyond any other nation whose story is recorded in history. Within less than a MO~TA.NA. century and a half of time ·we have developed from one of the Lizzie Gorsuch to. be postmaster at Winnett, Mont., in place weakest to tile most powerful Nation on earth, from the poorest of Lizzie Gorsuch. Incumbent's commission expired February to the richest. We have amalgamated the many bloods of many 5, 1922. races of men and are producing a typical American, and develop NEVADA. ing a marvelous civilization. In the political firmament we have been the pillar of cloud by day ·and the pillar of fire by night, Anna S. Michal to be postmaster at Round Mountain, Nev., guiding and encouraging by our example all the nations of the in place of George Foley. Incumbent's commission expired earth. Because of America's example, fetters have been broken February 4, 1922. from the arms of millions of s.erfs and slaves, liberty has be Emanuel Bollschweiler to be postmaster at Wells, Nev., in come a sacred word upon the lips of all the living; dynasties place of P. S. Triplett, deceased. have fallen, tyrants have been hurled from their thrones, and NEW JERSEY. prison gates have been opened. The grea~ white light of Ameri \:Valter Frederick to be postmaster at Delawanna, N. J, can liberty has illuminated the night of ignorance and fear Office became presidential January 1, 1920. through which, for centuries, the innumerable masses of men NEW YORK• . groped in hopeless despair. Let us keep the faith. Let us steer by the stars which have hitherto guided us over safe seas. Lloyd E. Jones to be postmaster at Richville, N. Y. Office became presidential April 1, 1921. EXECUTIVE SESSION. C. Homer Hook to be postmaster at Greenville, N. Y., in place · l\fr. CURTIS. I move that the Senate proceed to the con of N. W. Avery. Incumbent's commission expired January 24, sideration of executive business. 1922. The motion was agreed to, and the Senate proceeded to the NORTH CAROLINA. consideration of executive business. After 5 minutes spent in executive session the doors were reopened. William B. White to be postmaster at Norlina, N. C. Office became presidential October 1, 1920. ADJOURNMENT TO MONDAY. James S. Rogers to !Je postmaster at Oxford, N. C;, in place Mr. CURTIS. I move that the ~enate adjourn until l\londay of B. K. Lassiter. Incumbent's commission expired March 16, at 12 o'clock. · 1921. The motion was agreed to; and (at 6 o'clock and 15 minutes OKLAHOMA. p. m.) the Senate adjourned until :Monday, April 10, 1922, at 12 o'clock meridian. . Albert E. Hawkins to be postmaster at Canute, Okla. Office became presidential July 1, 1921. .; Ethel Senft to be postmaster at Quay, Okla. Office became NOMINATIONS. presidential July 1, 1918. .Exec·utive nominations 1·eccivea by the Senate April 7 (legisla Gavin D. Duncan to be postmaster at Boswell, Okla., in place of J. N. Hopkins. Incumbent's commission expired February ti'L'e day_ April 5), 1922. ot 4, 192·2. POSTMASTERS. Orlo H. Wills to be postmaster at Delaware, Okla., in place ALABAMA. of Blanche Holcomb. Incumbent's commission expired Febru- Herbert C. Collins to be postmaster at Geneva, Ala., in place ary 4, 1922. . of W. K. Kenan. Incumbent's commission expired January 24, Ida White to be postmaster at Konawa, Okla., in place of J.P. 1922. Ford. Incumbent's commission expired l\larch 21, 1922. Grace M. Johnson to be postmaster at Mulhall, Okla., in place ARKANSAS: of J. S. Thompson. Incumbent' commission expired Feb1·uary Rosse G. Roberts to be postmaster at Fulton, Ark. Office 4, 1922. became presidential July 1, 1920. Merrill M. Barbee to be postmaster at Spiro, Okla., in place Carl G. Nie1sen to be postmaster at Dermott, Ark., in place of of J. D. Ward, declined. J. E. Leeper, deceased. Eve A. Loyd to be postmaster at Stigler, Okla., in place of FLORIDA. J. T. Holley. Incumbent's commission expired 1\larch 27, 1922. George W. Gleason to be postmaster at Eau Gallie, Fla., in Albert Ross to be postmaster at Thomas, Okla., in place of W. E. Hunt. Incumbent's commission expired February 4. 1922. place of W. R. Roesch. . Incumbent's commission expired Jan uary 31, 1922. Harvey G. Brandenburg to be postmaster at Yale, Okla., in place of B. I. Schiefelbusch. Incumbent's commission expired Hattie ~L Flagg to be postmaster at Lake Wales, Fla., in place 26, 1920. of L. B. Riles, removed. August PENNSYLVANIA.. GEORGIA. Albert S. Leiby to be · postmaster at Bath, Pa., in place of Daniel F. Davenport to b~ .postmaster at Americu , Ga., in F. P. Laub. Incumbent's commission expired 1\larch 21, 1922. .place of D. F. Dave~P.9/.'t ,. Jncumbent's commic:;sion expired Feb- James W. Hatch to be postmaster at North Girard, Pa., in ruary 5, 1922. - · , place of J. W. Hatch. Incumbent's commission expired Feb IOWA. ruary 5, 1922. John L. Gallagher to be postm·a.ster at Eddyville, Iowa, in Ruth Roberts to be postmaster at Vintondale, Pa.,_in place of place of Frank Kussant. Incumbent's commission expired Jan- J. H. Krumbine. Incumbent's commission expired February 5, uary 24, 1922. · 1922. Frederick W. Steele to be postmaster at Walker, Iowa, in SOUTH CAROLINA. ' place of L. L. Haruulin. Incumbent's commission expired Jan John E. Folger to be postmaster at Easley, S. C., in place of uary 24, 1922. A. G. King. Incumbent f5 commission expired October 3, 1921. KANSAS. TEXAS. Charles N. Shafer to be po trnaster. at Fredonia, Kans., in James R. Corbin to be postmaster at Blooming G1.·ove, Tex.., place of E. F. Hudson. Incumbent's commission e~pired Feb in place of S. A. Roberts. Incumbent's commission expired July ruary 4, 1922. 21, 1921 5182 CONGRE SIONAL RECORD-SENATE . .. APRIL 7,

Robert S. Brennand to po tmaster at Colorado, Tex., in KENTUCKY. plac of J. W. Person, resigned. Sue C. Beardsley, Harrodsburg. Minnie S. Parish to b po. tmaster at Huntsville, Tex., in place William J. Manby, La Grange. of"'· E. McKay. Incumbent's commission expired January 24, Robert H. Ledford, Paint Lick. 1922. David B. Ramey, Praise. WISCONSIN. Lillian C. Duty, Winchester. Andrew Bock t be. po tmaster at Stockholm Wis. Office :MICHIGAN. became pre idential January 1, 1921. Eugene F. Stoddard to be postma ·ter at Downing, Wis.,- in James R. Dean, Boyne City. place of J. E. Dennis. Incumbent's commis ion expired March Harvey Tewksbury, Kingston: Fred J. Smith, Pickford. 16, 1921. Charle P. Neumann, Rochester; CONFIRl\lATIONS. MISSISS~P~. Execu.til'e nomiuations con{irtned by the Senate ApriZ 7' (legis · Samuel W. Pendarvis, Magnolia. latit'e day of April 5), 19'22. Thomas E. Walton, Natchez. UNITED STATES ATTOR~"'EY. NEVADA.. Erwin E. Fro t, Golconda. George ~pringmeyer to be United States attorney, district of Nevada. NEW JERSEY. u !TED STATES 1\iARSHAL. Harry T. Hagaman, Lakewood. Albert C. 'ittel to be United States mar hal, southern district George E. Opdyke, Landing. of California. Edith Vaughn, Smithville. SURVEYOR GENERAL OF NEW MEXICO. NEW ME..TICO, Manual A. Sancltez to be surveyor general of New Mexico. Luciano R. Baca, Las Vegas. Callie L. Beagle, Magdalena. Po TMASTERS. ALABAMA, NEW YORK. Kate B. Quillin, Clayton. Stella Hackett, Central Park. Exa B. Carroll, Iocomb. William V. Fitzpatrick, Cleveland. Edward H. Maloney, Dansville. C LIFORNIA, Leonard C .. Palmer, Elizabethtown. Camp W. Wil on, Burnett. Clarence J. Weyant, Fort Montgomery. Elmer S. Slade., Calipatria. . Augustus W. Stevens, Great Neck. Jo ·eph C. Dutra, Chula Vista. Ernest B. Dye, Hinckley. B rtha Johnson, Outler. George S. Peterson, La Salle. Charles W. Je up, Gardena. Herman C. Stevens Locke. John K. Harries, Imola. George M. Grant, Parksville. Gu H. Winckler, King City. James R. Rodman, Port Ewen. John L. Pope, Lower Lake. Lewi E. Baker, Paradi e. NORTH CAR OLIN A. Harr~r B. We tgate, Pomona. Annie L. Fisher, Battleboro. John H. May, eal Beach. John L. Womble, Moncure. Roy Bucknell, Upper Lake. Festus E. Sigman, Thomasville. Fred C. Alexander,.Yo emite Nation111 Park (late Yosemite). OHIO. COLORADO. James K. Fulk , Ada. Byron T. Shelton, Hayden. John \V. Swing, Bethel. 'Villiam A. Baghott, Kit Car on. John R. Miller, Franklin. 'William W. Hofer, Simla. Peter Weishaupt, Lynchburg. CONNECTICUT. Marold J. Taylor, Marengo. Ethel Shoemaker, Mount Blanchard. Oliver F. Toop, South Manchester. Reed Wilson, Pleasant City. William P. Gourlie, Thompsonville. Reno H. Critchfield, Shreve. FLORIDA.. Jesse A. Hayes, Stockport. Algernon Keathley. Brooksville. George W. Smith, Wheelersburg. GEORGIA. PE.NNSYLVANU. William E. Fitts, Rocky Ford. John R. Diemer, Catawissa. Edgar H. Lawson, SandersVille. Laura A. Heffner, Centralia. IDAHO. SOUTH DAKOTA, Jos ph Morley, Idaho Falls. Paul W. Lambert, Fairfax. ILLINOIS. UTAH. William L. Bauman. Iuka. H. L. Haynes, Ramsey. Archibald Stuart, Bingham Canyon. INDIANA. VIRGINIA. Laura B. Kantz, Bristol. Olive E. Sargent, Riverton. Syh·ester C. Boyers, Freedom. WISCOSIN. Flo Wilson, Universal~ Leslie L. Konkle, Ver ailles. George E. Grob, Auburndale. Birt E. Fredrick, Augusta.. , IOWA. Edward Hemphill, Belmont. Frank Popper, jr., Clutier. Elmer Carlson, Brantwood. Glen l\I. Reynold , Irwin. Jacob Johnson, Curtiss. . Harold A. Marmon, Mitchellville. Orrin W. Groot, Elmwood. KAN A.S. Andrew J. Bosch, Gratiot. Laura Kesler, Edna. Albert F. Hahn, Humbird. Elr-n :M. Woodward, Haviland. Carrie B. Carter, Lyndon Station. Emma V. Coet·ber, Lakin. Henry W. Graser, Menomonee Falls. Flo;\·d B. l\1artin, Lane. Lawrence G. Clark, 1\Iiddleton. George " . Butler, Morland. Blanche Delany, Sinsinawa. Henry Wa hbm·n, Mulberry. John H. Zahrte, Sparta. Minnie C. True, Pittsburg. Ernest L. Messer, Unity. William f. Greer, St. Fr!tncis. William Abendschein, White Lake.