9420 CONGRESSIONAL RECORD-HOUSE JULY 18 REJECTION The SPEAKER. Is there objection to the request of the Executive nomination rejected by the Senate July 18, 1939 gentleman from New York [Mr. CULLEN]? Mr. CHURCH. Mr. Speaker, I object. PosTMASTER Mr. CULLEN. Will the gentleman withhold his objection? Clarence F. Ludwig to be postmaster at Minersville in the I am sending it back to the committee for no further action. State of Pennsylvania. · Mr. CHURCH. Mr. Speaker, I withdraw my objection. The SPEAKER. Is there objection to the request of the gentleman from New York [Mr. CULLEN]? HOUSE OF REPRESENTATIVES There was no objection. EXTENSION OF REMARKS TUESDAY, JULY 18, 1939 Mr. BOEHNE. Mr. Speaker, on yesterday I was granted The House met at 12 o'clock noon. unanimous consent to extend my own remarks in the RECORD The Chaplain, Rev. James Shera Montgomery, D. D., and to include some extraneous material. i have been ad­ offered the following prayer: vised by the Joint Committee on Printing that the material Infinite Spirit of Life, help us never to forget that which is slightly in excess of that which that committee has set as we owe Thee, our country, and our beautiful world. We the limit, the amount being three pages. I therefore renew thank Thee for a providence manifesting mercy in such my unanimous-consent request to extend my own remarks rich abundance toward all those who put their trust in and to include this matter, notwithstanding the estimate. Thee. Breathe upon our land the spirit of duty, temper­ The SPEAKER. Is there objection to the request of the ance, and patriotic devotion. Grant that the stress of today gentleman from Indiana [Mr. BoEHNE]? but establish us more firmly in those great fundamental Mr. RICH. Mr. Speaker, reserving the right to object, may verities upon which our Republic must ever stand for its I ask the gentleman what the coot of the article will be? glory and perpetuity. Hasten the hour when the world Mr BOEHNE. The Superintendent of the Planning Divi.. shall sing: "The morning light is breaking, the darkness sian in his letter states it will take approximately three pages disappears." May men everywhere forsake the tyranny of and the cost will be $135. hate and unrighteous ambitions. Send out Thy light, 0 The SPEAKER. Is there objection to the request of the Lord, until the clouds shall be scattered and wicked men no gentleman from Indiana [Mr. BoEHNE]? longer shall infest with fear the peace of the world which There was no objection. is more precious than all the gold in the hills of earth. In the PERMISSION To ADDRESS THE HOUSE name of Jesus of Nazareth. Amen. Mr. THOMAS F. FORD. Mr. Speaker, I ask unanimous The Journal of the proceedings of yesterday was read and consent to proceed fcir 1 minute. • approved. The SPEAKER. Without objection, the Chair will recog .. MESSAGE FROM THE SENATE nize the gentleman to proceed for 1 minute. There was no objection. A message from the Senate, by Mr. Frazier, its legislative Mr. THOMAS F. FORD. Mr. Speaker, I ask unanimous -clerk, announced that the Senate had agreed without amend­ consent to revise and extend my own remarks in the RECORD ment to a concurrent resolution of the House of the follow­ and to include four short tables compiled from official sources. ing title: The SPEAKER. Is there objection to the request of the H. Con. Res. 29.· Concurrent resolution to print and bind gentleman from [Mr. FoRD]? the proceedings of Congress; together with the proceedings There was no objection. at the unveiling in the rotunda, upon acceptance of the [Mr. THOMAS F. FoRD addressed the House. His remarks statue of Will Rogers, presented by the State of Oklahoma. appear · in the Appendix.] The message also announced that the Senate had passed EXTENSION OF REMARKS bills of the following titles, in which the concurrence of the House is requested: Mr. WHITTINGTON. Mr. Speaker, I ask unanimous con­ sent to extend my own remarks in the RECORD and to include s. 280. An act to prohibit and to prevent the trade prac­ an address delivered on July 15, 1939, by Mr. Fred Beckman tices known as "compulsory block booking" and ';blind sell­ of the National Grange, on the omnibus transportation bill. ing" in the leasing of motion-picture films in interstate and The SPEAKER. Is there objection to ·the request of the foreign commerce. gentleman. from Mississippi [Mr. WHITTINGTON l? S.1032. An act to amend the act entitled "An act to pro­ Mr. HOFFMAN. Mr. Speaker, reserving the right to ob..; vide conditions for the purchase of supplies and the making ject to propound a parliamentary inquiry for my information of contracts by the ," and for other purposes. and not in criticism of the gentleman from California who The message also announced that the Senate agrees. to just said he intended to extend his address. I presume that the amendment of the House to a bill of the Senate of the will be at this point in the REcoRD. I do not understand now following title: whether that is permitted and, if so, what the effect of the S. 2163. An act to authorize an appropriation to meet rule made the other day will be. such expenses as the President, in his discretion, may deem Mr. THOMAS F. FORD. It will go in the Appendix of necessary to enable the United States to cooperate with the the RECORD. Republic of Panama in completing the construction of a The SPEAKER. Is there objection to the request of the national highway between Chorrera and Rio Hato, Republic gentleman from Mississippi [Mr. WHITTINGTON]? of Panama, for defense purposes. . There was no objection. The message also announced that the Senate disagrees to PERMISSION TO ADDRESS THE HOUSE the amendment of the House to the bill

Mr. JONES of Texas. . I may say· to ·the gentleman tliat DISTRICT OF COLUMBIA REVENUE ACT" OF 1'939 ·this bill does not have any effect on the other commodities Mr. NICHOLS. Mr. Speaker, I call up the conference he mentioned, but applies only to cotton. The bill enables report on the bill

member is under duty to perform the act in respect to which ment of the District of Columbia for the fiscal year ending June the violation occurs. thirtieth, nineteen hundred and three, and for other purposes,' "DEFINITIONS approved July 1, 1902, is hereby amended to read as follows: "SEc. 43. For the purpose of this title and unless otherwise re­ "'PAR. 5. Each national bank as the trustee for its stockholders, quired by the context- through its president or cashier, and all other incorporated banks " ( 1) The word 'person' means an individual, a trust or estate, a and trust companies in the District of Columbia, through their partnership, or a corporation. presidents or cashiers, and all gas, electric lighting, and telephone "(2) The word 'taxpayer' means any person subject to a tax companies, through their proper officers, shall make affidavit to imposed by this title. the board of personal-tax appraisers on or before the 1st day of "(3) The word 'partnership' includes a syndicate, group, pool, August each year as to the amount of its or their gross earnings joint adventure, or other unincorporated organization, through or or gross receipts, as the case may be, for the preceding year end­ by means of which any business, financial operation, or venture is ing the 30th day of June, and each national bank and all other carried on, and which is not, within the meaning of this title, a incorporated banks and trust companies respectively shall pay to trust or estate or a corporation; and the word 'partner' includes a the collector of taxes of the District of Columbia per annum 6 member in such a syndicate, group, pool, joint adventure, or ~er c.entum on such gross earnings and each ga.S company, electric organization. llghtmg company, and telephone company shall pay to the col­ "(4) The word 'corporation' includes associations, joint-stock lector of taxes of the District of Columbia per annum 4 per centum · companies, and insurance companies. on such gross receipts, from the sale of public utility commodities "(5) The word 'domestic' when applied to a corporation other and services within the District of Columbia. And in addition than an association, means created under the law of United States thereto the real estate owned by each national or other incorpo­ b.pplicable to the District of Columbia; and when applied to an rated bank, and each trust, gas, electric-lighting, and telephone association or partnership means having the principal office or company in the District of Columbia shall be taxed as other real place of business within the District of Columbia. estate in said District: Provided, That street-railroad companies "(6) The word 'foreign' when applied to a corporation or part­ shall pay 3 per centum per annum on their gross receipts and nership means a corporation or partnership which is not domestic. other taxe.s as provided by existing law, and insurance companies "(7) The word 'fiduciary' means a guardian, trustee, executor, shall contmue to pay the 2 per centum on premium receipts as administrator, receiver, conservator, or c.ny person acting in any provided by ~xisting law. Each gas, electric-lighting, telephone fiduciary capacity for any person. and street railroad company shall pay, in adidtion to the tax "(8) The word 'individual' means all natural persons, whether herein mentioned, the corporate income tax imposed by title II married or unmarried; and also all trusts, estates, and fiduciaries of the District of Columbia Revenue Act of 1939, and the personal acting for other persons; it does not include corporations or part­ property tax on merchandise stock in trade. So much of the Act nerships acting for or in their own behalf. approved October 1, 1890, entitled "An Act to provide for the in­ "(9) The words 'taxable year' mean the calendar year or the corporation of trust, loan, mortgage, and certain other corpora­ fiscal year ending during such calendar year upon the basis of tions within the District of Columbia" as is inconsistent with the which · the net income is computed under this title. The term provisions of this section is hereby repealed.' •taxable year' includes, in the case of a return made for a frac­ "(b) This section shall not apply to gross earnings or gross tional part of a year under the provisions of this title, the period receipts for any fiscal year ending the 30th day of June prior to for which such return is made. · the fiscal year ending June 30, 1940. Taxes shall be levied and "(10) The words 'fiscal year' mean an accounting period of twelve collected for the fiscal years preceding the fiscal year ending June months and ending on the last day of any month other than 30, 1940, under said paragraph 5 of section 6 of said Act of July 1, December. 1902, as if this title had not been enacted. " ( 11) The words 'paid or incurred' and 'paid or accrued' shall be "(c) Section 6 of the Act of July 1, 1902, (c. 1352, 32 Stat. 619), construed according to the method of accounting upon the basis is amended by striking out paragraph 8, so that the corporate of which the net income is computed under this title. excess tax therein provided shall become inoperative. "(12) The words 'trade or business' include the engaging in or "TAX ON REA,L PROPERTY carrying on of any trade, business, profession, vocation or calling, "SEc. 3. Title VII of the District of Columbia Revenue Act of or commercial activity in the District of Columbia; and include 1937, as amended, is amended to read as follows: 'For the fiscal the performance of the functions of a public office. year ending June 30, 1940, the rate of taxation imposed on real "(13) The word 'stock' includes a share in an association, joint­ and tangible personal property in the District of Columbia shall stock company, or insurance company. be 1.75 per centum of the assessed value of such property.' "(14) The word 'shareholder' includes a member in an associa­ tion, joint-stock company, or insurance company. "TAXABLE STATUS OF MOTOR VEHICLES AS TANGmLE PERSONAL PROPERTY "(15) The words 'United States' when used in a geographical "SEc. 4. Notwithstanding any other provision of law, the tanglible sense include only the States, the Territories of Alaska and Hawaii, personal-property tax on motor vehicles, except when consisting of and the District of Columbia. stock in trade of merchants, shall be prorated according to the "(16) The word 'dividend' means any distribution made by a number of months such property has a situs within the District; corporation out of its earnings or profits to its stockholders or and all such motor vehicles shall be assessed at their value as members whether such distribution be made in cash, or any other of April 1 each year: Provided, however, That where a motor property, other than stock of the same class in the corporation. It vehicle shall be registered in the Oistrict of Columbia for the includes such portion of the assets of a corporation distributed at first time on a date between April 1 of one year and April 1 of the time of dissolution as are in effect a distribution of earnings. the succeeding year, such motor vehicle shall be assessed, for "(17) The word 'include', when used in a definition contained in taxation for the period ending with the succeeding April 1, at its this title, shall not be deemed to exclude other things otherwise value as of date of application for such first registration. within the meaning of the term defined. "TAX APPEALS "(18} The word 'Commissioners' means the Commissioners of the District of Columbia or their duly authorized representative or "SEc. 5. (a) The first sentence of the second paragraph of sec­ representatives. tion 2 of title IX of the District of Columbia Revenue Act of 1937, "(19) The word 'District' means the District of Columbia. as amended by the Act approved May 16, 1938, is amended to "(20) The word 'assessor' means the assessor of the District of read as follows: 'The salary of such person· so appointed shall be Columbia. $8,000 per annum.' This amendment shall be effective on and "(21) The word 'collector' means the collector of taxes of the after July 1, 1939. District of Columbia. "(b) Section 3 of title IX of the District of Columbia Revenue Act of 1937, as amended, is amended as follows: "TITLE ill-FEES AND FINES " 'Sec. 3. Any person aggrieved by any assessment by the Dis­ "On and after July 1, 1939, there shall be credited to the District trict against him of any personal-property, inheritance, estate of Columbia that proportion of the fees and fines collected by the business-privilege, gross-receipts, gross-earnings, insurance-pre~ District Court of the United States for the District of Columbia, miums, or motor-vehicle-fuel tax or taxes, or penalties thereon including fees and fines collected by the offices of the clerk of that may, Within ninety days after notice of such assessment: court and of the United States marshal for the District of Columb1a, appeal from such assessment to the Board, provided such person as the amount paid by the District of Columbia toward salaries and shall first pay such tax, together with penalties and interest due expenses of such court and of the offices of the United States dis­ thereon, to the collector of taxes of the District of Columbia trict attorney for the District of Columbia and of the United States under protest in writing. The mailing to the taxpayer of a state­ marshal for the District of Columbia bears to the total amount of ment of taxes due shall be considered notice of assessment With such salaries and expenses; and such proportion of the fees and respect of such taxes. Th.:l Board shall hear and determine all fines, if any, collected by the United States Court of Appeals for que~tions arising on said appeal and shall make separate findings the District of Columbia, including fees and fines, if any, collected of fact and conclusions of law, and shall render its decision there­ by the office of the clerk of that court·, as the amount paid by the · on in writing. The Board may affirm, cancel, reduce, or increase District of Columbia toward the salaries and expenses of such court such assessment.' bears to the total amount of such salaries and expenses. "(b) Subsections (a) , (b), and (c) of section 5 of title IX "TITLE IV-AMENDMENTS TO AND REPEAL OF PRIOR ACTS of the District of Columbia Revenue Act of 1937, as amended, are "INTANGmLE PERSONAL PROPERTY amended to read as follows: " ' (a) The assessor and deputy assessor of the District and the "SEC. 1. The tax on intangible personal property imposed by board of all of the assistant assessors, with the assessor as chair­ any law relat ing to the District shall not apply with respect to any man, shall compose a Board of Equalization and Review, and as year subsequent to the fiscal year ending June 30, 1939. such Board of Equalization and Review they shall convene in a "TAX ON CERTAIN UTILITIES room to be provided for them by the Commissioners, on the first "SEc. 2. (a) Paragraph 5 of section 6 of the Act entitled 'An act Monday of January of each year, and shall remain in session making appropriations to provide for the expenses of the govern- until the first Monday in April of each year, after which date no 9430 _CONGRESSIONAL RECORD-HOUSE JULY 18 complaint as to valuation as herein provided shall be received or "TANGIBLE PERSONAL PROPERTY STORED IN TRANSIT considered by such Board of. Equalization and Review. Public "SEc. 6. Nothing in this Act contained, nor shall any prior Act of notice of the time and place of such session shall be given by Congress relating to the District of Columbia be deemed to impose publication for two successive days in two daily newspapers in upon any person, firm, association, company, or corporation a tax the District not more than two weeks or less than ten days before based upon tangible personal property owned and stored by such the beginning of said session. It shall be the duty of said Board person in a public warehouse in the District of Columbia for a of Equalization and Review to fairly and impartially equalize the period of time no longer than is necessary for the convenience or value of real property made by the board of assistant assessors exigencies of reshipment and transportation to its destination with­ as the basis for assessment. Any five of said Board of Equalization out the District of Columbia. and Review shall constitute a quorum for business, and, in the absence of the Assessor, a temporary chairman may be selected. "TITLE V-INHERITANCE AND ESTATE TAXES They shall immediately proceed to equalize the valuations made "Title V of the District of Columbia ·Revenue Act of 1937, as by the board of assistant assessors so that each lot and tract and amended by an Act entitled 'An Act to amend the District of Colum­ improvements thereon shall be entered upon the tax list at their bia Revenue Act of 1937, and for other purposes', approved May 16, value in money; and for this purpose they shall hear such com­ 1938, is amended to read as follows: plaints as may be made in respect of said assessments, and in de­ "'Taxes shall be imposed in relation to estates of decedents, the termining them they may raise the valuation of such tracts or lots shares of beneficiaries of such estates, and gifts as hereinafter as in their opinion may have been returned below their value and provided: reduce the valuation of such as they may believe to have been "'ARTICLE I-INHERITANCE TAX returned above their value to such sum as in their opinion may be "'SEc. 1. (a) All real property and tangible and intangible per­ the value thereof. The valuation of the real property made and sonal property, or any interest therein, having its taxable situs i'h equalized as aforesaid shall be completed not later than the first the District of Columbia, transferred from any person who may die Monday of May annually. The valuation of said real property seized or possessed thereof, either by will or by law, or by right of made and equalized as aforesaid shall be approved by the Com­ survivorship, and all such property, or interest therein, transferred missioners not later than July 1 annually, and when approved by deed, grant, bargain, gift, or sale (except in cases of a bona fide by the Commissioners shall constitute the basis of taxation for purchase for full consideration in money or money's worth), made or the next succeeding year and until another valuation is made intended to take effect in possession or enjoyment after the death according to law, except as hereinafter provided. Any person ag­ of the decedent, or made in contemplation of death, to or for the grieved by any assessment, equalization, or valuation made, may, use of, in trust or otherwise (including property of which the within ninety days after October 1 of the year in which such decedent has retained for his life or for any period not ascertain­ assessment, equalization, or valuation is made, appeal from such able without reference to his death or for any period which does not assessment, equalization, or valuation in the same manner and to in fact end before his death (1) the possession or enjoyment of, or the same extent as provided in sections 3 and 4 of this title: the right to the income from such property or (2) the right, either Provided, however, That such person shall have first made his alone or in conjunction with any person, to designate the persons complaint to the Board of Equalization and Review respecting who shall possess or enjoy the property or the income therefrom) , such assessment as herein provided. · to the father, mother, husband, wife, children by blood or legally "'{b) Annually, on or prior to July 1 of each year, the bciard adopted children, or any other lineal descendants or lineal an­ of assistant assessors shall make a list of all real estate which cestors of the decedent, shall be subject to a tax as follows: 1 per shall have become subject to taxation and which is not then on centum of so much of said property as is in excess of $5,000 and the tax list, and affix a value thereon, according to the rules pre­ not in excess of $50,000; 2 per centum of so much of said property scribed by law for assessing real estate; shail make return of all as is in excess of $50,000 and not in excess of $100,000; 3 per centum new structures erected or roofed, and additions to or improve­ of so much of said property as is in excess of $100,000 and not in ments of old structures which shall not have been theretofore excess of $500,000; 4 per centum of so much of said property as is assessed, specifying the tract or lot of land on which each of in excess of $500,000 and not in excess of $1,000,000; 5 per centum such structures has been erected, and the value of such structure, of so much of said property as is in excess of $1,000,000. and they shall add such valuation to the assessment made on such "'(b) So much of said property so transferred to each of the tract or lot. When the improvements on any lot or tract of land brothers and sisters of the whole or half blood of the decedent shall shall become damaged or be destroyed from any cause, the said be subject to a tax as follows: 3 per centum of so much of said board of assistant assessors shall reduce the assessment on said property as is in excess of $2,000 and not in excess of $25,000; 4 Provided, per centum of so much of said property as is in excess of $25,000 property to the extent of such damage: That the Board and not in excess of $50,000; 6 per centum of so much of said prop­ of Equalization and Review shall hear such complaints as may be erty as is in excess of $50,000 and not in excess of $100,000; 8 per made in respect of said assessments between September 1 and centum of so much of said property as is in excess of $100,000 and September 30 and determine the same not later than October 15 of not in excess of $500,000; 10 per centum of so much of said property the same year. Any person aggrieved by any assessment or valua­ as is in excess of $500,000. tion made in pursuance of this paragraph may, within ninety days " • (c) So much of said property so transferred to any person other after October 15 of the year in which said valuation or assessment. than those included in paragraphs (a) and (b) of this section and is made, appeal from such assessment or valuation in the same all firms, institutions, associations, and corporations shall be subject manner and to the same extent as provided in sections 3 and 4 to a tax as follows: 5 per centum of so much of said property as is of this title: Provided, however, That such person shall have first in excess of $1,000 and not in excess of $25,000; 7 per centum of so made his complaint to the Board of Equalization and Review much of said property as is in excess of $25,000 and not in excess respecting such assessment as herein provided. of $50,000; 9 per centum of so much of said property as is in excess "'(c) In addition to the annual assessment of all real estate made of $50,000 and not in excess of $100,000; 12 per centum of so much on or prior to July 1 of each year there shall i:>e added a list of all of said property as is in excess of $100,000 and not in excess of new buildings erected or under roof prior to January 1 of each year, $500,000; 15 per centum of so much of said property as is in excess in the same manner as provided by law for a!l annual additions; of $500,000. and the amounts thereof shall be added as assessment for the "'(d) Executors, administrators, trustees, and other persons mak­ second half of the then current year payable in the month of March. ing distribution shall only be discharged from liability for the When the improvements on any lot or tract of land shall become amount of swh tax, with the payment of which they are charged, damaged or be destroyed from any cause prior to January 1 of each by paying the same as hereinafter described. year the said board of assistant assessors shu.ll reduce the assess­ "'(e) Property transferred exclusively for public or municipal ment on said property to the extent of said damage for the second purposes, to the United States or the District of Columbia, or ex­ half of the then current year payable in the month of March. The clusively for charitable, educational, or religious purposes Within Board of Equalization and Review shall hear such complaints as the District of Columbia, shall be exempt from any and all taxation may be made in respect of said assessments for the second half of under the provisions of this section. said year between March 1 and March 31 and determine said com­ "• (f) Where any beneficiary has died or may hereafter die within plaints not later than April 15 of the same year. Any person six months after the death of the decedent and before coming into aggrieved by any assessment made in pursuance of this paragraph the possession and enjoyment of any property passing to him, and may, within ninety days after April 15 of the year in which such before selling, assigning, transferring, or in any manner contracting assessment is made, appeal from such assessment in the same with respect to his interest in such property, such property shall be manner and to the same extent as provided in sections 3 and 4 of taxed only once, and if the tax on the property so passing to said this title: Provided, however, That such person shall have first made beneficiary has not been paid, then the tax shall be assessed on the his complaint to the Board of Equalization and Review respecting property received from such share by each beneficiary thereof, such assessment as herein provided.' finally entitled to the possession and enjoyment thereof, as if he "(c) Title IX of the District of Columbia Revenue Act of 1937, as had been the original beneficiary, and the exemptions and rates of amended, is amended by adding thereto a new section reading as taxation shall be governed by the respective relationship of each of follows: the ultimate beneficiaries -to the first decedent. " 'SEc. 13. In any matter affecting taxation, the determination of "'(g) The provisions of article I of tpis title shall apply to prop­ which is by law left to the discretion · of the Commissioners, the erty in the estate of every person who shall die after this title Commissioners may, if they so elect, refer such matter to the Board becomes effective. to make findings of fact and submit recommendations, such findings "'{h) The transfer of any property, or interest therein, within 2 of fact and recommendations, if any, to be advisory only and not years prior to death, shall, unless shown to the contrary, be deemed binding on the Commissioners, and shall be Without prejudice to to have been made in contemplation of death. the Commissioners to make such further and other inquiry and "'(1) All property and interest therein which shall pass from a investigation concerning such matter as they in their discretion decedent to the same beneficiary by one or more of the methods shall consider necessary or advisable.' specified in this section, and all beneficial interests which shall 193~ CO.NGRESS.IONAL RECORD-HOUSE· 9431 accrue Ln the manner herein pmvicled to such beneficiary on ac­ property at the tim€ of the death of such decedent the value of the count of the death of such decedent, shall be ·united and treated as '8. precedtmt life interest or term of years. Where the future interest single interest for the purpose of determining the ta« hereunder. is -vested the donee thereof shall pay the tax within the time in " '(J) Whenever any person shaH .exercise a general power -of which the tax upon the precedent ille interest or term of years is appointment f the Revenue Act of 1926, as amended, <>r as hereafter amended name or names of the persons to reeeive the same and the actual or reenacted, and the aggregate amount of the taxes described in :value of the property that each will receive, the relationship of such , section 2 of this article (but not including the tax imposed by persons to the decedent, and the age -of any persons who receive a section 1) allowable as a credit against the Federal estate tax. life interest in the property, and any other information which the "'SEc. 4. The purpose of section 1 of this article is to secure for assessor may requke. Said personal representa.tive shall, within 1 the District the benefit of the credit a1lawed under the pr0visions .eighteen months of the date of the death of the decedent and of section 301 (c) of title m or the Revenue Act of 1926, as amended, before distribution of the estate, pay to tlle collector of taxes the or .as hereafter amended or reenacted, to the extent that the Dis­ taxes imposed by section 1 upon the distr.ibuti:ve shares and legacies trict may be ent~tled by the provisions of said Revenue Act, by .1n his hands and the tax imposed by section 1 hereof against each lmposing additional taxes, and the same shall be liberally construed distributive share or legacy shall be .charg-ed against such distribu­ to .effect such purpose: Provided, That the amount of the tax tm­ tive share or legacy unless the will shall otherwise direct. posed by section 1 of this article shall not be decreased by any "'-'SEc. 5. "The -persorml Tepresentati!Ve of the decedent shall col­ failure to secure the .allowance of credit against the Federal estate lect from each beneficlary entitled "to 1t -distributive share or legacy tax. lthe tax imposed upon such distributive .share or legacy in .section 1 " 'SEc. 5. A tax is hereby imposed upon the transfer of real prop­ hereof, "and if the said beneficiary shall neglect 'Or fail to pay the erty or tangible personal property in the District of every person. .same within fifteen mooths after the da.te of the death of the who at the time of death was a resident of the United States but .d.ecedent such personal r.epr.esentative shall, upon the order of the not .a resident of the District, and upon the transfer of all prop­ District Court of the United States for the Distr-ict of Columbia, erty, both real and personal, within the District of every person. .sell 1or cash so muc'h of said distributive share or legacy as may be who at the time of death was not a resident of the United States, necessary to pay said tax and all the expenses of said sale. the amount of which shall be a sum equal to such proportion of "'SEc. 6. Every person entitled to receive property taxable under the amount by which the credit allowable under the applicable section 1 hereof, which property is not under the control of a per­ Federal revenue Act for estate, inheritance, legacy, and succession .sonal representative, and is over $1,000 in value, shall, within six taxes actually paid to the several States exceeds the amount actually months after the death ,of the decedent, 11eport :under oath to the so paid for such tax.es, exclusive of

park here whe!ie the Redwood Mountain runs between the 1 Mr. DEROUEN. :Mr. Chairman, I yield 5 minutes to the Grant Park and the Sequoia? That is .an shot full-Of holes. 1 gentleman from Utah [Mr. RoBINSON]. Those things .absolutely .do not hold water. I had hoped 1 Mr. WADSWORTH. Mr. Chairman, will the gentlemau to g.o into this question .more extensiv.ely than I have had -yield before he starts? 1 an opportunity at this time, but I want to tell you that all · Mr. ROBINSON of Utah. I yie1d for 'a question. of my life I have !been in a State where the Yellowstone Park . Mr. WADSWORTH.. Will the gentleman add my ·name ta exists, and irrespective of anything that the gentleman from • bis own and perh.aps several other members of the committee · Montana CMr. O'CoNNoR] might say about the Yellowstone l as amongst those who were not appr-oached by anyone from. Park, It ties more in Wyoming, and all you have to do is the outside·? · to look at the map to see. All my mature life I have lived Mr. ROBINSON of Utah. I will be glad to. I think the next to .a forest reserve, .and I w.ant to point .out the dif- 1 issues here have been very much confused. I do not believe ference between a park and .a forest r.eser:ve. So far as a 1 there has been any question uf corruption or anything of that park .is concerned, there is a matter of tradition that you sort involved in this matter. It is not a question between the must not include commercial water in a park, it must not j . Interior Department and the farmers, as the gentleman from be developed commercially; and the point I make is that if Kansas [Mr. REES1 said. If the gentleman will look at the you at this time make this ar.ea into a park and include hearings, he will find page ·after page of farm organizations, these waters .of great .commercial values, they will be de- of chambers of commerce, of practically every organization veloped, because they are paramount. .And since such de- in California, pleading with the committee to make a park out 1 velopment in a -park. js contrary to all park tradition, you of this area. If you Will turn to page 11 of the heartngs, you; .imperil the entire paTk system for the r-eason that what you will find hundreds and thousands of farmers, farmers' organ.. can do in one you can do in all. On the other hand, a ~ izations, chambers of commerce, water users' organizationS :forest reserve has a mtiltiple-purpose set-up. The la;nd is :pl-eading with us to pass this bill. So it'is not a question o~ 1 just as beautiful, just as wonderful, except that you make the Department of the Interior. It is a question between twQ use of it. I -great departments. The 'CHAIRMAN. The time of the gentleman fr.om I In my State we are proud of our paTks. I think the Na~ Wyoming has expired. tional Park Service is one of the finest services that has evel'l Mr. ENGLEBRIGHT. Mr . .Chairman, I yield 2 minutes 1 been organized under the Federal Government. We are also more to the gentleman from Wyoming. 1 proud of our Forest Service. There is no tinge of corruption. Mr. REES of Kansas. Mr. Chairman, will the gent1eman and no question of efficiency has ever been raised against -yield? -either one of these services. But here is a question as to Mr. HORTON. twas going to tell you about these parks which of these bureaus of the Government should take char~ .and forest reserves. I live near them and I know .con- .of this particular area, and we are happy in this instance to .siderable about them which might be helpful, and I use have a unanimous report on that. the forest -reserv.es in many ways, and their cooperation with I want to make this clear to this ·Committee, that both the adjoining ranchers is most helpful. Department of Agriculture and the Department of the In- Mr. O'CONNOR rose. terior, possibly for the first time on a question like this, have Mr. HORTON. All right, shoot. agreed that -this particular -area should be controlled and Mr. o~coNNOR. Does not the gentleman _realize that the operated by the National Park Service. I want to call your most beautiful part of the Yellowstone National Park has sattention to the hearings on this question. Chief Forester been carved out of the great State of Montana? ·Silcox appeared before our committee and he stated that at Mr. HORTON. I think the gentleman can well be proud -one time there was some misunderstanding, but it was wholly i(}f the Yellowstone in Montana, because it is so much superior due to misa;pprehension and misstatement of facts. He said to anything outside of the par'k .in Montana tllat there is no · that from the Sixty-sixth Congress down to the present Con­ comparison; but in Wyoming there are many more beautiful -gress they have been before our committee asking our com­ things than you find in the park. ILaughter and applause.] mit-tee to pass a bill putting the control of this area under Mr. REES Clf Kansas. Will the gentleman yield? the Natiol'lal Park Service. That is the Forest Service. That Mr. HORTON. .I yield. is the Forest Service making these statements. The Forest Mr. REES of Kansas. After all, is this not the fact, that Ser¥ice itself, in other words, says to the Members of Con- the -only pressure you have had for this park is from th.e gress, "We think that the National Park Service can better Secretary of the 1nterior, and the farmers and agricultural take x:are of this area than we can." ,people in that vicinity .ar.e .opposed t~ it. Is that not right? Now, are we going to 1isten to this exper-t testimony, -to those Mr. HORTON. Absolutely. people who have gone on the ground and made a careful Mr. ELLIOTT. Will the gentleman yield.? ..study of this entir.e problem, .or are we for some reason pre. Mr. HORTON. I yield. .sented .on -this fioor, .g-oing to do away with that -expert testi- .1939. .CONGRESSIONAL RECORD-HOUSE. 9447 mony? In my opinion, there is not any question about what this area of California should be preserved. In any event we should do with reference to this bill. There has not been this would have to come back to Congress, it would have a Secretary of Agriculture during the last decade who has to come back to the Appropriations Committee before any not agreed that this is national-park area. There has not money could be spent on it. The question of money, there­ been a Chief Forester during the past decade who has not fore, is far removed and should not affect this bill at all. · agreed that this area should be operated by the National This entire area is owned by the Government. We are Park Service. Shall we take any notice of them, or shall simply taking an area that has no further resources and we be guided by our prejudices? placing it into a park where it properly belongs. One other thought which I want to bring before this C-om­ We have been told that many people are against it. I mittee. It has been mentioned a number of times, and I assume that is true of any bill passed by Congress, there hope the Committee understands this clearly. This has are people for it and people against it. nothing to do with money. I grant you that California will I read now a telegram from the Governor of the State of be in here trying to get some money to purchase this great, California: fine stand of trees that it has down there, but that will not Han. RENE L. DEROUEN, make any difference whether this bill is passed or not. Member of Congress, Washington, D. C.: Mr. ELLIO'IT. Mr. Chairman, will the gentleman yield? I am convinced that Congress should adopt the necessary legis­ lation to set aside the Kings River region as a national park. The Mr. ROBINSON of Utah. Yes; I yield. facts and arguments presented by Regional Director Frank A. Mr. ELLIO'IT. Is it not a fact that you made the state­ Kittredge, of the National Park Service, in favor of this proposal ment there would be no money spent? When this is made are, it seems to me, persuasive and conclusive. I feel certain that the establishment of this national park is iri the interest of both into a national park they will be building fine roads and State and Nation and wish to go on record as endorsing House trails like they are in every other area, and the Federal Resolution 3794. Government will pay. CULBERT L. OLSON, Mr. ROBINSON of Utah. No more money will be spent . under this bill than is spent in any other national park. Much has been said that has no relevancy to the bill. Mr. ELLIOT!'. But they will spend money. There has been a Tot of animosity exhibited, either political Mr. WADSWORTH. They do that in the forest reserves or otherwise. As chairman of the committee I have been now. very conscious of all this, and I have attempted at all tim.es Mr. ROBINSON of Utah. Some money will have to be to keep above partisanship in my many years of service in spent, of course, for· it takes money to operate a park; but this Congress. [Applause.] I say to the membership right there will be just as many trails built, just as many roads now that partisanship is not involved in this bill. We should built under the Forest Service as there will be under the pass this bill and preserve this area as provided in the bill. National Park Service. Now, I want to clear up this point [Applause.] with reference to these trees. The CHAIRMAN. The time of the gentleman from I think every Member who has seen these trees, or who Louisiana has expired. All time has expired. would take the trouble to go out and see them would feel The Clerk read as follows: that they should be owned by the ·public, that the United Be it enacted, etc., That the tract of land in the State of Cali­ States should own them. Whether or not we pass this bill fornia particularly described as follows, to wit: Beginning at the there will be a movement on foot to get and keep the title summit of , being a point on the present north to this great fine grove of trees in the Federal Government. boundary of Sequoia National Park, also a point on the Tulare and Inyo County line; thence westerly along said north boundary of Here is an area which every man who visits it says should said pa:rk to the crest of the hydrographic divide between Boulder be a national park, an area that is now owned by the Cr-eek and Sugarloaf Creek; thence in a northerly direction Federal Government, an area 40 miles long by 18 miles wide, along the crest of the hydrographic divide between Boulder Creek and Sugarloaf Creek to the intersection of said divide with within which are only 5,000 privately owned acres. The the section line between sections 3 and 4 of township 14 south, National Park Service and the Forest Service of the Depart­ range 30 east, Mount Diablo base and meridian; thence northerly ment of Agriculture asks you to dedicate this area for the along the section line between said sections 3 and 4 and between use and benefit of your posterity; that is what they are sections 33 and 34 of township 13 south, range 30 east, to the northwest corner of southwest quarter of section 27; thence north­ asking you to do. It should be dedicated, it should be con­ westerly along the ridge immediately adjacent to and lying north­ secrated to the future use of America; and the only way east from the headwaters of the east fork of Lightning Creek to the this can be done is through the passage of a bill such as intersection of said ridge with the section line between sections 21 and 28, township 13 south, range 30 east, which point lies on the the one now before you. said section line three quarters of a. mile more or less westerly Mr. RICH. Mr. Chairman, will the gentleman yield? from the northeast corner of said section 28; thence in a northerly Mr. ROBINSON of Utah. I yield. direction across th.e easterly branch of the east fork of Lightning Mr. RICH. Does not the gentleman think that in the Creek at Summit Meadow to the ridge north of said creek branch; thence northeasterly along said ridge to Lookout Peak; thence in past 6 or 8 years we have set .aside enough ground for a northeasterly direction along the ridge from said peak, being also national-park areas that we ought to have a breathing spell; the crest of the hydrographic divide between Sheep Creek and that we ought to try to conserve some of our resources and Lightning Creek to the intersection of said ridge, with the line between sections 15 and 22, township 13 south, range 30 east, which do things in other fields than trying to make everything a point lies one quarter of a mile more or less westerly of the northeast playground? corner of said section 22; thence easterly along said section line to Mr. ROBINSON of Utah. I think the greatest service that the corner of sections 14, 15, 22, and 23; thence north along the could possibly be rendered by this Congress, so far as pre­ line between sections 14 and 15 to the southwest corner of the northwest quarter of the northwest quarter of section 14; thence serving national resources is concerned, is to set such areas east to the southeast corner of the northeast quarter of the north­ aside for national use. The gentleman implies the matter west quarter of the said section; thence south to the southwest of money in his question, but I may say to him that money corner of the northeast quarter of the said section; thence east to the southeast corner of the southwest quarter of the northeast - is not involved in this case. quarter of the said section; thence south to the southwest corner Mr. RICH. Inside of 5 years they will be back here ask­ of the northeast quarter of the southeast quarter of the said section; ing for $5,000,000, and the gentleman knows it. thence east to the northeast corner of the southeast quarter of the [Here the gavel fell.] southeast quarter of the said section; thence south to the southwest corner of section 13; thence east on the line between sections 13 and Mr. DEROUEN. Mr. Chairman, a lot of matters have been 24 to the southeast corner of section 13; thence south to southwest brought in here that really have no connection whatever corner of tile northwest quarter of the northwest quarter of section 19, with this bill, matters that are more or less assumptions. township 13 south, range 31 east; thence east along the north latitudinal one-sixteenth section line of sections 19, 20, and 21 This committee made an investigation, held hearings, and to the southeast corner of the northeast quarter of the northwe~t read all the evidence before it brought this bill out. quarter of said section 21; thence north to the quarter section corner We are told that it will take money. There is no money of sections 16 and 21; thence east along the line between sections 16 and 21 to the southeast corner of said section 16; thence north along involved here. This bill does not carry an appropriation, the section line to the quarter section corner of sections 15 and 16; nor does it seek to authorize the appropriation of any money. thence west along the latitudinal quarter section line of sections 16, It does do this: It states that about 4,000 acres of redwood in 17, and 18 to the northwest corner of the southeast quarter 9448 CONGRESSIONAL RECORD-HOUSE JULY 18 of section 18; thence north to the northeast corner of the ·south­ , , The Thumb, Mount Bolton Brown, east quarter of the northwest quarter of said section 18; thence Split Mountain, Cardinal Mountain, Striped Mountain, Mount west to the northwest corner of the southwest quarter of the Perkins, Colosseum Mountain, Mount Baxter, Diamond Peak, Black northwest quarter of said section 18; thence north along the range Mountain, Dragon Peak, Mount Bixford, , University line between ranges 30 and 31 east, township 13 south to the Peak, Mount Bradley, and to the summit of Junction northeast corner of section 13, township 13 south, range 30 east; Peak, being the point of beginning; is hereby reserved and with­ thence west along the line between sections 12 and 13 to the south­ drawn from settlement, occupancy, or disposal under the laws of the east corner of the southwest quarter of the southwest quarter of United States and dedicated and set apart as a public park, to be section 12; thence north to the northeast corner of the southwest known as the John Muir-Kings Canyon National Park, for the quarter of the southwest quarter of said section 12; thence west to benefit and enjoyment of the people: Provided, That nothing in the northwest corner of the southeast quarter of the southeast this act shall be construed to affect any valid existing rights: And quarter of section 11; thence north to the northeast corner of the provided further, That all grazing permits heretofore issued and in northwest quarter of the northeast quarter of said section 11; effect on January 15, 1939, affecting the area described in this thence west along the line between sections 2 and 11 to the north­ section, for whose renewal an application is made before the date west corner of the northeast quarter of the northwest quarter of of expiration, shall be continued during the lifetime of the present said section 11; thence south to the southwest corner of the north­ holders thereof subject to such terms and conditions to insure east quarter of the northwest quarter of said section 11; thence protection of the lands and for other purposes as may be prescribed west to the northwest corner of the southwest quarter of the by the Secretary of the Interior. northwest quarter of said section 11; thence north along the line SEc. 2. That the General Grant National Park is hereby abol­ between sections 10 and 11 and 2 and 3 to the intersection with ished, and the west half of section 33, township 13 south, range 28 the ridge of southeast spur of Stag Dome; thence in a north­ east, and west half of section 4, all of sections 7 and 8 and the westerly direction along the crest of said spur to the summit of northwest quarter o{ section 9, township 14 south, range 28 east, Stag Dome; thence in a northwesterly direction along the crest of Mount Diablo meridian, California, together with the lands form­ said spur to the summit of Stag Dome; thence in a northerly erly within the General Grant National Park, California, and par­ direction along the crest of the hydrographic divide between Lewis ticularly described as follows, to wit: All of sections 31 and 32, Creek and Deer Cove and Grizzly creek to its intersection with township 13 south, range 28 east, and sections 5 and 6, town­ Monarch Divide at Hogback Peak; thence in a westerly direction ship 14 south, range 28 east, of the same meridian, are, subject to along the crest of Monarch Divide, to its junction with the north­ valid existing rights, hereby added to and made a part of the westerly spur of Mount Harrington; thence northwesterly along John Muir-Kings Canyon National Park and such lands shall be the crest .of hydrographic divide on the southwest side of the known as the General Grant grove section of the said park. The Gorge of Despair to the intersection with the line between sections General Grant grove section of the John Muir-Kings Canyon 12 and 13, township 12 south, range 29 east; thence continuing National Park may, by proclamation of the President, be extended west along the line between sections 12 and 13, 11 and 14 to the to include the following described lands, to wit: Section 9, south southwest corner of the southeast quarter of the southeast quarter half, section 10, southwest quarter, and that part of the east half of said section 11; thence· northerly to the southwest corner of the south of ; section 11, that part south of Generals southeast quarter of the northeast quarter of said section 11; Highway; section 13, that part south of Generals Highway; section thence east to the quarter section corner of sections 11 and 12; 14, that part south of Generals Highway, section 15, east half, thence north to the southeast corner of the northeast quarter of northwest quarter, and the southeast quarter of the southwest the northeast quarter of said section 11; thence east to the sou1th­ quarter, section 21, southeast quarter of the northeast quarter, east corner of the northwest quarter of the northwest quarter of and the east half of the southeast quarter; section 22, east half, section 12; thence north to the northeast corner of the northwest east half of the northwest quarter, southwest quarter of the quarter of the northwest quarter of said section 12; thence east to northwest quarter and southwest quarter; section 23; section 24, the quarter section corner of sections 1 and 12; thence north to that part south of Generals Highway; sections 25 and 26; section the northeast corner of the southeast quarter of the southwest 27, east half, northwest quarter, and that part of the southwest quarter of said section 1; thence east to the southeast corner of quarter north and east of the crest of Redwood Mountain; section the northwest quarter of the southeast quarter of said section 1; 34, that part east of the crest of Redwood Mountain; sections 35 and thence north to the northeast corner of the northwest quarter of 36, township 14 south, range 28 east; all of sections 1 and 2; section the southeast quarter of said section 1; thence east to the quarter 3, that part east of the crest of Redwood Mountain; section 11, section corner of sections 1 and 6; thence north along the range that part east and north of the crest of Redwood Mountain; all line between the ranges 29 and 30 east, township 12 south, to the of section 12; section 13, that part north of the Sequoia National northeast corner of said section 1, township 12 south, range 29 east; Park boundary, township 15 south, range 28 east, Mount Diablo thence east along the township line between townships 11. and 12 meridian, which shall be subject to all laws, rules, and regulations south, range 30 east to the southeast corner of the southwest applicable to the said park. Such extension of the General Grant quarter of the southwest quarter of section 31, township 11 south, grove section of the said park shall not interfere with the move­ range 30 east; thence north to the northeast corner of the south­ ment of stock and vehicular traffic, under general regulations to west quarter of the southwest quarter of said section 31; thence be prescribed by the Secretary of the Interior, to and from national west to the northwest corner of the southwest quarter of the forest lands on either side of the said park extension. The John southeast quarter of section 36, township 11 south, range 29 east; Muir-Kings Canyon National Park shall receive and use all moneys thence south to the quarter section corner of sections 1 and 36; heretofore or hereafter appropriated for General Grant National thence west along the township line between townships 11 and 12 Park. south, range 29 east to the northwest corner of section 1, township SEc. 3. That, in order to insure the permanent preservation of 12 south, range 29 east; thence south to the southwest corner of the wilderness character of the John Muir-Kings Canyon National the northwest quarter of the northwest quarter of said section 1; Park, no hotels, permanent camps, or other similar physical im­ thence west to the northwest corner of the southwest quarter of provements shall be constructed therein and no exclusive privi­ the northwest quarter of section 2; thence south to the northwest leges shall be granted within the said park, or on or over the corner of the southwest quarter of the southwest quarter of roads and trails therein, except upon ground used for public hous­ said section 2; thence west to the northwest corner of the ing purposes, but the &!cretary of the Interior may, in his discre­ southeast quarter of the southeast quarter of section 3; thence tion, limit the character and number of nonexclusive privileges south to the southwest corner of the southeast quarter of the that he may grant within the said park. No privileges shall be southeast quarter of section 3; thence continuing south to the granted for a period in excess of 1 year. No new roads, truck intersection with the four thousand four hundred contour; thence trails, or public-housing structures other than simple trailside along the four thousand four hundred-foot contour in a south­ shelters with camping and eating facilities shall be constructed westerly direction to its intersection with Tombstone Ridge, being within the area described in section 1 hereof, and within the area also the hydrographic divide between two unnamed creeks to the in secton 2 hereof authorized to be added by proclamation of the mouth of the Middle Fork of the Kings River; thence in a north­ President, but this shall not be construed to apply to that portion westerly direction along the crest of the Tombstone Ridge to the of the park lying within the canyon of the South Fork of the summit of the Obelisk; thence in a straight line in a northeasterly Kings River below its junction with Copper Creek: Provided, That, direction crossing crown creek to the summit of Kettle Dome; in this excepted area, the housing structures erected thereon thence in a northeasterly direction along the crest of Kettle Ridge shall not be leased for summer home-site purposes. The provisions to the summit of Finger Peak in the White Divide; thence north­ of t his section shall not apply to the lands foqnerly within the westerly along the crest of the said White Divide and the Le Conte General Grant National Park. Divide, passing over the summits of Mount Reinstein and Red SEc. 4. That all shelters, buildings, facilities, and improvement!r Mountain to the summit of Mount Henry; thence in a northerly necessary for accommodation of the public and all developments direction along the crest of the north spur of Mount Henry to the required for proper park administration, shall be erected within Junction of the South Fork San Joaquin River and Piute Creek; the John Muir-Kings Canyon National Park only by the Federal thence across the South Fork San Joaquin River and in a north­ Government. The provisions of this section shall not apply to the easterly direction along the hydrographic divide between Piute lands formerly within the General Grant National Park. Creek and the South Fork San Joaquin River to the summit of SEc. 5. That the National Park Service shall, under the rules and Pavillion Dome; thence in an easterly direction along the crest of regulations to be prescribed by the Secretary of the Interior, ad­ said hydrographic divide to its intersection with Glacier Divide; minister for- public recreational purposes the lands withdrawn, thence continuing southeasterly along the crest of said Glacier and the waters which may now or hereafter be impounded thereon, Divide to a point of intersection with the crest of the Sierra Nevada for the proposed Cedar Grove and Tehipite Dome reclamation dam Range, also the boundary line between Inyo County and Fresno and reservoir projects, but the administration of either or both County; thence continuing southeasterly along the crest of said of these areas for recreational use shall be subject to the domi­ Sierra Nevada Range, passing over the summits of Mount Lamarack, nant use of such lands and waters for reclamation purposes, and Mount Darwin, Mount ·Haeckel, Mount Wallace, , all structures erected within said areas shall when required be Mount Thompson, Mount Gilbert, Mount Johnson, , removed therefrom without cost to or compensation from said ).939. , CONGRESSIONAL RECORD-HOUSE 9449

1 projects. If either or both of the aforesaid projects are con­ this bill because I think I am right when I say that I have structed, the lands withdrawn therefor which lie above the high water line exclusive of any lands necessary for the administration hardly received a single letter from my own district in op­ · of the reclamation projects may be added to the John Muir-Kings position to it, but, on the other hand, I have received a great Canyon National Park by proclamation of the President. In the many in favor of it. event that plans for the construction of either or both the afore­ Mr. GEARHART. Will the gentleman yield? said projects are abandoned and a certification to that effect is made to the President by the Secretary of the Interior with and Mr. VOORffiS of California. I yield to the gentleman upd'n the advice of the Commissioner ·of the Bureau of Reclama­ from California. tion, after public notice, hearing and opportunity to present com­ Mr. GEARHART. May I call the attention of the mem" plete facts is granted to representatives of local irrigation inter- bership to the fact that on page 3294 of the Appendix of the ~ ests, the President may, by proclamation, add to John Muir-Kings Canyon National Park the lands withdrawn for the proposed CONGRESSIONAL RECORD I have shown the names of over 200 project or projects. organizations that have endorsed this bill. SEc. 6. That any motor-vehicle license issued for Sequoia Na­ Mr. VOORHIS of California. I thank the gentleman. tional Park shall be applicable to John Muir-Kings Canyon Na­ tional Park, and vice versa. Mr. ENGLEBRIGHT. Will the gentleman yield? · · SEc. 7. That the administration, protection, and development of Mr. VOORHIS of California. I yield to the gentleman ' the John Muir-Kings Canyon National Park shall be exercised from California. i under the direction of the Secretary of the Interior by the Na- Mr. ENGLEBRIGHT. Does the gentleman recall that tional Park Service, subject to the provisions of the act of August 25, 1916 (39 Stat. 535), entitled "An act to establish a National ·when the president of the Kings River Water Association Park Service, and for other purposes", as amended. appeared before the committee he stated he personally was Mr. DEROUEN (interrupting the reading of the bill). Mr. responsible for having gotten most of the resolutions in , Chairman, I ask unanimous consent that the further reading favor of this bill because he thought and believed that water ' of the bill be dispensed with, that it be printed in the RECORD, for irrigation would be supplied in connection with the park , but that the bill may be open for amendment to any section. bill? Mr. VOORHIS of California. He did not get any of the Mr. HOFFMAN. Mr. Chairman, reserving the right to people to write from my particular congressional district. object, I would like to ask the gentleman in charge of the bill I am certain of that. Furthermore, may I say to the gentle­ who read a telegram from the Governor of California, man that I am very much in favor of the pine-fiats project I whether that is the same Governor who endorsed the ham­ and I hope it will go through, but I do not see how the , and-egg program and then changed his mind? defeat of this bill is going to help the pine-flat bill pass. Mr. DEROUEN. The chairman is not posted on such things I do not think anybody should be subjected to criticism l and is very sorry he cannot answer the gentleman's question. because he happens to be for both of them. It seems to me , [Applause and laughter.] each proposition has to stand upon its own merits. Mr. ENGLEBRIGHT. Mr. Chairman, reserving the right Mr. ELLIOTT. Will the gentleman yield? ' to object, I have no objection to dispensing with the reading Mr. VOORHIS of California. I yield to the gentleman ' of the bill providing the bill is open for amendment by sections. from California. Mr. DEROUEN. That was my request. Mr. ELLIOTT. Is it not a fact that, had not a lot of The CHAIRMAN. Is there objection to the request of the people gone down into the gentleman's district and talked gentleman from Louisiana? with Rotary Clubs and Lions Clubs, he would not have re- There was no objection. ceived any letters in regard to this matter? · The CHAIRMAN. The Clerk will report the first committee Mr. VOORHIS of California. I do not think so. A great ·amendment. many of the people in our section travel through these moun­ The Clerk read as follows: tains. They are interested in national parks. I think it was Committee amendment: Page 2, line 6, after the figures "34" a perfectly spontaneous matter. insert "and sections 27 and 28." The only area in this bill which it is definitely provided Mr~ VOORffiS of California. Mr. Chairman, I move to shall be in the national park is 100 percent federally owned strike out the last word. land at the present time. It is only a matter of transfer Mr. Chairman, this bill, it seems to me, has caused a great from the Forest Service to the National Park Service. So deal of excitement and consternation that never should have far as the Redwood Mountain area is concerned, this bill developed and I want to address myself for a few minutes does not provide as a mandatory matter for its inclusion. It to the reasonableness of the proposal in an endeavor to see merely makes possible its inclusion in the General Grant if we cannot calm down about the matter a little bit. In the Park area. That is a matter for the future to decide. Cer­ first place, this bill proposes to make a national park out of tainly the purchase of this beautiful redwood grove will not .a very mountainous area in California, an area which I be forestalled by the defeat of this bill. If you want to have not visited myself, it is true, but I have been over much prevent the purchase of those beautiful redwoods, that cause of our mountainous country which is similar to this area. I will not be advanced by the defeat of this bill, but must be have walked many miles over these rocky California moun­ decided on its own merits. tains, and I am not surprised that in this particular proposed [Here the gavel fell.J park area we find there are only 300 sheep and about 800 Mr. RICH. Mr. Chairman, I move to strike out the last cattle that are now being grazed in there, because it is just two words. not the kind of country where stock can be profitably grazed. ·Mr. Chairman, it seems to me we have been doing a great It seems to me that the most reasonable use for this area deal in the past 5 or 6 years to make this country a play­ of surpassing scenic beauty, therefore, is that it should be ground. Of course, it is a nice thing to have playgrounds, converted into a national park. and I think every community and every State ought to have We have been told this afternoon by a number of different a Federal park and playground for its children. I some­ Members that we should not make this into a national park times wonder, however, at the rapidity with which we are because it is better in the hands of the National Forest going into the matter of trying to make everything in this Service. I do not have any choice as between the Forest country a playground, where everyone can sit down quietly Service and the National Park Service-both are fine or­ on park benches, do nothing, and then expect the Govern­ ganizations, but I believe that in the case of this particular ment to feed them. It is about time that the people of this .area the making of it into a national park will mean a much country get back to the old idea that they have got to do a more permanent preservation of its scenic beauty which, little work. If we want to have bread and butter for our­ after all, is the one most important resource that there is selves and for our families we ought to be able and willing in this particular area. to do something to get it. It was said here by one of the gentlemen who spoke that They come in here this afternoon and ask the Federal there was not any support for this bill except from the Government to take over 454,600 acres and create another Department of the Interior and some other place he men­ national park. Everyone who is in favor of this bill makes tioned. I wish I had brought my letters over here about the statement that it will not cost anything to develop this 9450 CONGRESSIONAL RECORD-HOUSE JULY 18 national park. Every Member who gets up here and says The bill provides that the President may, by proclamation, add to the General Grant Grove section the Redwood Mountain tract that this is going to be a Federal park belonging to the of Sequoias, an area of 10,000 acres, of which 4,297 acres are national-park system and is not going to cost any money privately owned. is about the biggest boob I have ever seen in my life, be­ cause anyone who thinks that you can create an additional Mr. Chairman, the proponents of this bill have indicated national park and do it on air has something wrong with that the bill does not contemplate the acquisition of pri­ him from here up. vately owned land. In view of the fact there has been intro­ Mr. GEARHART. Will the gentleman yield? duced in the Senate at this session of Cm:~gress, on January Mr. RICH. I yield to the gentleman from California. 16, 1939, the bill S. 631 providing for the purchase of 4,080 Mr. GEARHART. I am one of those boobs with some­ acres of Redwood Mountain at a cost · ~o the taxpayers' thing wrong from here up. Treasury of $460 an acre or a total of $1,876,800, we had Mr. RICH. I will ask the gentleman a question. better strike from the pending bill the provision giving the Mr. GEARHART. I want to point out to the gentleman President authority to include this private land in the park why he is in error. I know he will listen because he is a project. Our Federal Government is almost bankrupt. We should not lay the ground for a $1,876,800 raid on the very fair man. This area is going to be opened up by a Treasury. road this fall and because the road will go in there for the first time there will be thousands of tourists visit the area. Here is another proposition which should be stricken from Whether it becomes a national park or whether it stays in the bill. In this committee report we find on page 3 the the national forests, those forests have to be cared for. The following language, referring to amendment No. 12: Forest Service, thinking that possibly this bill might not This amendment provides that nothing in the act shall inter­ fere with the construction upon the park lands of dams and res­ pass, has already had designs made for roads and trails and ervoirs for fiood control, irrigation, or hydroelectric power. The hotels and everything else it is expected will be placed in effect of this amendment is to open the entire Kings Canyon Wil­ there, because the road recently completed has opened up derness National Park to dams and reservoirs. that country and the people are coming in there; so it is a Hydroelectric dams; this may be the Ethiopian in the question of spending the money whether it becomes a park woodpile in this bill, which caused our Secretary of the Inte­ or whether the land stays in the forest. rior, Mr. Icke~. to put all the pressure that he could behind Mr. RICH. Then the gentleman admits we are going to its passage. Unless this committee amendment No. 12 is spend money to develop it? rejected, we should change the title of this bill and name it Mr. GEARHART. Of course; the gentleman is going to "The Harold L. Ickes Government power project," so the spend some money sometime himself. people can remember him after 1940 when he leaves public Mr. RICH. I do not believe anybody is going to have life. anything left pretty soon. I do not believe they are going To the sponsors of the bill I may say that, after talking to be able to spend any money. They are going to look to with many Members of the House, I believe you will gather the Government to put this park on the map and then quite a few additional votes for the bill if you accept and , they are going to look to the Government to give them a incorporate the amendments which I have suggested. · hand-out so they can go out and see it. Mr. MO'IT. Mr. Chairman, will the gentleman yield? ' Mr. HORTON. Mr. Chairman, will the gentleman yield? Mr. SCHAFER of Wisconsin. I yield to the distinguished 1 Mr. RICH. I yield to the gentleman from Wyoming. gentleman from Oregon. Mr. HORTON. Perhaps the gentleman would like to Mr. MOTT. I would like to say for the gentleman's infor­ i know that the records show that out of every 100 people mation that that was a committee amendment, and it was . who visit the parks of California 88 are Californians and put in very much over the oppooition of the Secretary of the : 12 belong to the rest of the world; ·so it is a grand piece of Interior. He was not in favor of the amendment at all. 1 money we are spending for Californip,, Mr. SCHAFER of Wisconsin. I am not a rubber stamp Mr. RICH. You have heard that old song California, for the Secretary of the Interior. I know, however, that a i Here We Come. That is what we are here for again today. good many Members of the House, including myself, will be California, by the way, is not the only State that has its glad to vote against this committee amendment and strike hand out, because I have seen Members of Congress from the hydroelectric provisions from this park bill. I believe 35 States come in here and try to get a hand-out for their that this amendment should be stricken from the bill, as States. If you do not believe it, just look at this Treasury well as the provision which gives the President authority to statement. bring these four-thousand-odd acres of privately owned land within the park system, and which will be a precedent for a Mr. VOORHIS of California and Mr. SCHAFER of Wis­ future raid on the Treasury to the tune of $1,876,000 for its consin rose. purchase. Mr. RICH. Just a minute. I want to show the Members Mr. MOTT. The gentleman's contention may or may not of Congress something that the majority of them do not be true, but I just want the gentleman to know that the know anything about. Mr. Chairman, let me call your at­ Secretary of the Interior was not responsible for that·amend­ tention, so that you will impress it upon the minds of the ment. Members of Congress, that in the past 6 years you have Mr. SCHAFER of Wisconsin. He is a champion of Govern­ gone in the red over $21,000,000,000. You have set up no ment development, ownership, and operation of hydroelectric less than 25 or 30 great corporations in this country, owned power. He may be rendering lip service in opposition to and operated by the Federal Government in competition the amendment while praying that it be incorporated in the with its private citizens, whereby you show about $40,- bill. 000,000,000 worth of assets. When you go to liquidate those [Here the gavel fell.] assets you will find that you are six or eight billion dollars Mr. WADSWORTH. Mr. Chairman, I move to strike out short of being able to balance; therefore, you are probably the last three words. $45,000,000,000 to $48,000,000,000 in the red at this time. [Here the gavel fell.J Mr. Chairman, I must confess at the outset I have never been to this region we are now talking about, and while Mr. SCHAFER of Wisconsin. Mr. Chairman, I move to my tastes as a vacationist may differ from many of my strike out the last two words. colleagues as I see pictures of this place with thousand­ Mr. Chairman, I sincerely desire that this bill be amended foot cliffs: I do not believe I care to walk around it very so that I can support and vote for it. Unless some perfect­ much. It may be very beautiful to look at but I would ing amendments are incorporated, I shall have to vote be perfectly willing that other people endeavor to scale against the bill with the committee amendments. those heights. On page 4 of the committee report we find the following I went through the hearings on this bill as did other language: members of the Committee on Public Lands and endeavored _1939_ CONGRESSIONAL- RECORD-HOUSE 9451 to learn all I could about it and as a result of those hear­ The Clerk read as follows: ings I decided to give my adherence to the measure. Committee amendment: Page 7, line 6, after the word "ridge" The- gentleman from Wisconsin [Mr. ScHAFER] has just strike out the remainder of the line and down through the callea*' attention to some language which he criticizes very word "river" in line 8. severely. It is the language found on page 13 which reads: The committee amendment was agreed to. But nothing herein shall prevent the construction upon said The CHAIRMAN. The Clerk will report the next com­ lands of such works as may be recommended by the Chief of Army mittee amendment. Engineers or the Bureau of Reclamation for tpe control of fioods or for the use or conservation of water for irrigation or hydroelectric The Clerk read as follows: power in the areas adjacent or contiguous to said lands. Committee amendment: Page 8, line 17, strike out "John Muir Kings Canyon" and insert "Kings Canyon Wilderness." I think I can explain to the Committee of the Whole the reason that language was ,PUt in by the committee. As the The committee amendment was agreed to. gentleman from Oregon [Mr. MoTT] has stated, it was not The CHAIRMAN. The Clerk will report the next com­ requested by the Department, either the Interior Depart­ mittee amendment. ment or any other department. Many members of the The Clerk read as follows: .committee, myself among them, were deeply impressed by Committee amendment: Page 8, line 20, strike out "any valid the plea made by the water users down river. As I recollect existing rights" and insert "or abridge any right acquired by there are something like 20,000 families in the area outside any citizen of the United States in the above-described area." the park, down the river, dependent upon this river for their The committee amendment was agreed to. irrigation. Their representatives appeared before the com­ The CHAIRMAN. The Clerk will report the next com­ mittee and bombarded us also by mail and telegrams, plea-d­ mittee amendment. ing that we do nothing in the creation· of this park which The Clerk read as follows: :would prevent them in the future getting the benefit of Committee amendment: Page 8, line 22, strike out the word 'that river for the irrigation of their farms. "all" and insert the word "no." Mr. O'CONNOR. Mr. Chairman, will the gentleman yield The committee amendment was agreed to. at that point? . The CHAIRMAN. The Clerk will report the next com­ Mr. WADSWORTH. I only have 5 minutes, may I go ,mittee amendment. along please? The Clerk read as follows: Mr. O'CONNOR. Mr. Chairman, will the gentleman yield Committee · amendment: Page 9, line 1, after the word "expira­ for just a brief question? tion," strike out the remainder of the line and the words "present · Mr. WADSWORTH. Hurry along, please. holders thereof," in line 2, and insert "shall be affected by this Mr. O'CONNOR. Does not the gentleman believe that act, except that they shall be." the language contained in the bill beginning on page 8, lines The committee amendment was agreed to. 19 to 22, takes care of all water-right users? The following committee amendments were severally re.;, Mr. WADSWORTH. I was talking about how we came ported and severally agreed to: to offer this amendment. Many members of the commit­ Page 9, line 8, strike out "sections 7 and'~ and in insert "sec~ tee were impressed with this plea, because it is a serious tion." Page 9, line 17, strike out "John Muir-Kings Canyon" and in­ matter if you threaten the further development of 20,000 sert "Kings Canyon Wilderness." families in an irrigation district. Page 9, line 20, strike out ...John Muir-Kings .Canyon" and in- We knew when we were considering this bill that the sert "Kings Canyon Wilderness." _ . . . Page 10, line 22, -after the word "traffic", insert "without charge." Army engineers were making a survey of that whole irriga­ Page 10, line 25, strike out "John .Muir-Kings Canyon" and tion situation, including the possible control of the flow of insert "Kings Canyon Wilderness." . · :(;-he water in the .Kings River Canyon. So we put this pro­ Page 11, strike out all of sectio~ . 3. vision in the bill that nothing in the bill should be con­ Page 12, strike out all of section 4. strued to prevent, upon the recommendation of the Army Page 12, line 8, strike out the figure "5" and insert the figure "3." engineers and the Reclamation Service, the erection of The Clerk read as follows: works which, in our mind, might prove to be necessary for Page 12, line 11, after the word "_withdrawn", strike out the the salvation of the men and women who live down the river rest of the section and insert "but nothing herein shall prevent the construction upon said lands of such works as may be recom­ and are dependent upon its flow. That is the sole reason it mended by the Chief of Army Engineers or the Bureau of Rec­ was put in-in deference to the plea of the water users. lamation for the control of fioods or for. the use or conservation of · Since it was put in and since the report was made on this water for irrigation or hydroelectric power in the areas adjacent bal, information has come to us in the way of a preliminary or contiguous to said lands." report from the Army engineers, that the result of their Mr. COCHRAN. Mr. Chairman, I offer the following survey thus far has persuaded them conclusively that no amendment, which I send to the desk. such works will ever be needed in this park for the preser­ The Clerk read as follows: vation of the irrigation outside the park. So it is the inten­ Amendment offered by Mr. CocHRAN: Page 13, line 8 to line 14. tion of the gentleman from California [Mr. GEARHART], inclusive, strike out the following: "but nothing herein shall pre­ supported by the members of the committee who supported vent the construction upon said lands of such works as may be recommended by the Chief of Army Engineers or the Bureau of this amendment in committee, to ask that the provision be Reclamation for the control of fioods or for the use or conserva­ stricken from the bill because, obviously, there is no further tion of water for irrigation or hydroelectric power in the areas need for it. [Applause.] adjacent or contiguous to said lands." The CHAIRMAN. The question is on the committee Mr. COCHRAN. Mr. Chairman, this committee amend­ amendment. ment which I seek to strike out was, I understand, adopted The committee amendment was agreed to. in the committee by one vote. I come from the center of the The CHAIRMAN. The Cleric will report the next com­ country, but the people of my section are vitally interested mit tee amendment. in conservation and in the national parks. I have received The Clerk read as follows: many communications in reference to this amendment. It Committee amendment: On page 4, line 25, after the word has aroused a national protest on the p~u·t of many people "dome" and the semicolon following it, strike out the remainder who have taken an interest in our national parks. It is de­ of the line and down to and including the word "dome" in line nounced by every national-park enthusiast in the country. 1, page 5. They claim it is setting a terrible precedent. They assert The committee amendment was agreed to. that parks should be parks and not areas of commercial The CHAIRMAN. The Clerk will report the next com­ exploitation, least of all for such works, dams, reservoirs, and mittee amendment. transmission lines. They fear the inclusion of such an 9452 CONGRESSIONAL RECORD-HOUSE JULY 18 amendment in any national-parks bill will create a prece­ The CHAffiMAN. The question first comes on adopting dent most destructive of national-park standards. Since this the amendment offered by the gentleman from Missou~i to committee bill has been reported, as the gentleman from New the committee amendment. The Chair will first p t the York [Mr. WADSWORTH] just said, we have heard from the amendment offered by the gentleman from Missouri. If tha~ Chief of the Army Engineers, General Schley, and also from amendment is adopted, the Chair will then submit the com­ the Commissioner of the Reclamation Service. Both these mittee amendment as amended for the consideration of the gentlemen say that this amendment is absolutely unnecessary, committee. that it is not needed in this bill. In view of that announce­ Mr. WADSWORTH. Mr. Chairman, if the amendment ment, why should it be included here? It is not going to offered by the gentleman from Missouri is adopted, what is protect any of the irrigationists, and ';he retention of the there left to put to the House as a committee amendment? amendment in the bill will serve no good purpose whatsoever, The CHAIRMAN. Striking out the language beginning on but, as I said, set a bad precedent. page 12, line 11, down to and including the language in line Mr. O'CONNOR. Mr. Chairman, will the gentleman yield? 8, page 13. Mr. COCHRAN. Yes. Mr. GEARHART. Mr. Chairman, I raise a point of order. Mr. O'CONNOR. I rise to approve eve~y word the gentle­ The CHAIRMAN. The gentleman will state it. man has said with reference to this amendment, and I hope Mr. GEARHART. I make a point of order against the the amendment of the gentleman from Missouri will prevail. amendment which has been proposed by the gentleman from Mr. COCHRAN. If the committee language remains in Missouri. the bill, every time you have a bill of this character you will Mr. COCHRAN. Mr. Chairman, I make the point of order find those who advocated it striving to place this same lan­ that the gentleman's point of order comes too late. guage in that bill. Friends of conservation, friends of na­ The CHAIRMAN. The Chair will advise the gentleman tional parks have a reason to be exercised over such an that the point of order comes too late at this juncture, and amendment. the gentleman from Missouri has proceeded to debate his Mr. TARVER. Mr. Chairman, will the gentleman yield? amendment. Mr. COCHRAN. Yes. . Mr. GEARHART. May I be heard briefly, Mr. Chairman? Mr. TARVER. If I understood the gentleman's amend­ The CHAIRMAN. The Chair will be glad to hear the ment correctly, he proposes to strike out a committee amend­ gentleman. ment which has not been adopted. Mr. GEARHART. The parliamentary situation is that we Mr. COCHRAN. The Chair has been stating after every have a bill here to which the committee has offered an committee amendment was read, "Without objection, the amendment which has not been acted upon. Now the gen.o: committee amendment is agreed to"; I thought the Chair tleman from Missouri presents an amendment to strike from had used that language. My amendment is to strike out the the bill the amendment of the committee which has not been committee amendment. . adopted. So what should happen is that the vote on the Mr. TARVER. The gentleman's amendment is unneces­ committee amendment should be presented, and those who sary. The Committee should merely vote down the com­ are against it should vote it down. I take it that the amend­ mittee amendment. ment offered by the gentleman from Missouri is out of order, Mr. COCHRAN. As I understood it, the amendment had because it is an attempt to strike from the bill something that already been adopted. Probably the gentleman is correct. has not been put into the bill by a vote of this body. Mr. TARVER. It has not been adopted. The CHAffiMAN. The question is on the amendment Mr. COCHRAN. I thank the gentleman. My purpose is offered by the gentleman from Missouri [Mr. CoCHRAN]. to see the committee amendment voted down. It has no Mr. WHITE of Idaho. Mr. Chairman, I rise in support of place in this legislation. It is absolutely unnecessary, and, the committee amendment. as I say, it is going to set a precedent that will come back The CHAIRMAN. The gentleman is recognized for 5 to plague you. Regardless of what you think of this bill, minutes. whether you propose to vote for it or against it, this lan­ Mr. WHITE of Idaho. Mr. Chairman and members of guage has no place in this legislation. the Committee, this bill has been considered in the committee Mr. ROBINSON of Utah. Will the gentleman yield? over a long period. We heard testimony from a great many Mr. COCHRAN. I yield. people from the affected district and we heard the testimony Mr. ROBINSON of Utah. I wish to state that this amend­ of Mr. Bebee, of the Power Commission. You have it in the ment came before the committee at a time when we were record. It is clearly stated that if this amendment is not trying to close the session, and it was given very little con­ adopted, if we do not install storage projects in this area, sideration. At that time I, for one, opposed the amendment. we lose 60 percent of the available water power. If there I agree that it should not be in the bill and I hope that the is any place in the United States where the people of the Members of the House will strike this committee amend­ country need to use water power it is right here. We are ment, because it has no place in a bill like this. told that in the San Joaquin Valley, tributary to this dis­ Mr. COCHRAN. Mr. Chairman, a parliamentary inquiry. trict, there are 2,000 pumps being operated by electricity to The CHAffiMAN. The gentleman will state it. raise water from the wells, to irrigate one of the most pro­ Mr. COCHRAN. Did I understand the Chair to say ductive sections of California. Now to tie up 60 percent of "without objection the committee amendment is agreed to"? the available water power in the Sierra Nevadas on a senti­ The CHAIRMAN. No. The Chair desires to advise the mental proposition that we must not build any dams or gentleman from Missouri that the committee amendment storage plants in this area is absurd. This is a practical to this particular section has not been adopted. The regu­ thing. These people need power. They need energy to lift lar procedure will be to first submit the gentleman's amend­ the water. They are paying excessive charges now. That ment to the committee amendment. Then, if it is agreed has all been developed in the hearings. · to, the Chair will submit the committee amendment. Mr. VOORHIS of California. Mr. Chairman, will the gen- Mr. COCHRAN. Then, as I understand the situation, to tleman yield? · accomplish my purpose we should vote down the committee Mr. WHITE of Idaho. I yield. amendment? Mr. VOORHIS of California. If I thought there was the The CHAffiMAN. The vote will come first on the gen­ remotest chance of an actual, practical project really being tleman's amendment to the committee amendment. carried out by any of these agencies in this area I would Mr. COCHRAN. Then a vote on my amendment "yea" agree with the gentleman. And if any such project is ever will strike out this language? needed and recommended in the future I will certainly vote The CHAIRMAN. The gentleman is correct. for it. · Mr. DEROUEN. Mr. Chairman, will the Chair state the Mr. WHITE of Idaho. Now, I yield no further. Let me parliamentary situation again? I do not believe the com­ tell the gentleman from California that right next to this mittee understands the situation. project in his own State is the great Hetch Hetchy project, ).939. CONGRESSIONAL RECORD-HOUSE 9453 which takes water with a series of units in the developments The SPEAKER. Under the rule the previous question is from the headwaters of the first stream that comes down ordered. Is a separate vote demanded on any amendment? from the headwaters in the series, and every drop of the Mr. ·wmTE of Idaho. Mr. Speaker, a parliamentary in­ water is used. A comparable plant can be put into this quiry. Kings River Canyon and afford cheap power to put water The SPEAKER. The gentleman will state it. on this famished land in the San Joaquin Valley and make it Mr. WHITE of Idaho. Was the Cochran amendment a better place to live. adopted? I ask the committee to support this amendment and get The SPEAKER. The Chair was not present during the away from this sentimental scheme to keep people from session of the Committee, but the Chair is advised that the utilizing the natural resources of this country. This is a Cochran amendment was agreed to in the Committee of the conservation measure and I submit we should adopt it. Whole. [Here the gavel fell.] Mr. WHITE of Idaho. Mr. Speaker, I demand a separate The CHAffiMAN. The question is on the amendment vote_on the. Cochran amendment. offered by the gentleman from Missouri. The SPEAKER. The Chair is advised by the Parliamenta­ The amendment was agreed to. rian that the Cochran amendment was an amendment to an . The CHAffiMAN. The question recurs on the committee amendment, and cannot be voted upon separately in the amendment, as amended. House. The committee amendment, as amended, was agreed to. Mr. WHITE of Idaho. Then, Mr. Speaker, I demand a The CHAffiMAN. The Clerk will report the committee vote on the committee amendment as amended. Consider­ amendments. able confusion exists as to just what happened in the Com­ The Clerk read as follows: mittee of the Whole. Page 13, line 15, strike out "6" and insert "4." The SPEAKER. The Chair was just upon the point of ad­ vising the gentleman that he would have a right to make The amendment was agreed to. . that .demand. · The Clerk read as follows: The gentleman 'from Idaho demands a separate vote on the Page 13, lines 16 and 17, strike out "John Muir-Kings Canyon", committee amendment as amended by the Cochran amend.. and insert in lieu thereof "Kings Canyon Wilderness." ment. The amendment was agreed to. Is a separate vote demanded on any other amendment? The Clerk read as follows: [After a pause.] If not, the Chair will put them en gros. Page 13, line 18, after "versa:", insert the following proviso: The amendments were agreed to. ''Provided, That in order to insure the permanent preservation The SPEAKER. The Clerk will report the committee of the wilderness character of the Kings Canyon Wilderness Na­ tional Park the Secretary of the Interior may, in his discretion, amendment as amended by the Cochran amendment. ~imit the character and number of privileges that he may grant The Clerk read as follows: within the Kings Canyon Wilderness National Park. No privileges On page 12, beginning in line 11, after the word "withdrawn", shall be granted for a period in excess of 5 years." strike out down through line 14 on page 13. The amendment was agreed to. The SPEAKER. The question is on the amendment. The Clerk read as follows: The amendment was agreed to. Page 14, line 1, strike out "7" and insert "5." The bill was ordered to be engrossed and read a third The amendment was agreed to. time, and was read the third time. The Clerk read as follows: The SPEAKER. The question is on the passage of the bill. Mr. ENGLEBRIGHT. Mr. Speaker, I offer a motion to Page 14, line 2, strike out "John Muir-Kings Canyon", and insert in lieu thereof "Kings Canyon Wilderness." recommit. The SPEAKER. Is the gentleman opposed to the bill? The amendment was agreed to. · Mr. ENGLEBRIGHT. I am. Mr. ROBINSON of Utah. Mr. Chairman, I offer an The SPEAKER. The Clerk will report the motion to re­ amendment. commit. The Clerk read as follows: The Clerk read as follows: Amendment offered by Mr. RoBINSON of Utah: Amend the title Mr. ENGI.EBRIGHT moves to recommit the bill (H. R. 3794) to by striking out the word "Wilderness." establish the John Muir-Kings Canyon National- Park, Calif., to · Page 8, line 18, strike out the word "Wilderness." transfer thereto the lands now included in the General Grant Page 9, line 17, strike out the word "Wilderness." National Park, and for other purposes, to the Committee on Page 9, line 21, strike out the word "Wilderness." Public Lands. Page 10, line 25, strike out the word "Wilderness." Page 13, lines 17, 20, and 23, strike out the word "Wilderness." The SPEAKER. The question is on the motion to recom­ Page 14, line 3, strike out the word "Wilderness." mit. Mr. ROBINSON of Utah. Mr. Chairman, this is an The question was taken; and the Chair being in doubt amendment which I think the chairman will accept. It is to the House divided, and there were-ayes 90, noes 81. strike out the word "Wilderness" in the title and wherever it Mr. DEROUEN. Mr. Speaker, I object to the vote on the appears in the bill so that the name of the park will appear ground there is not a quorum present. as simply "Kings Canyon National Park." The SPEAKER. Obviously there is not a quorum present. Mr. DEROUEN. Mr. Chairman, I was the one who in­ The Doorkeeper will close the doors; the Sergeant at troduced this amendment in the committee and I am willing Arms will notify the absent Members; and the Cl~rk will call to accept it so far as I am concerned. the roll. The CHAIRMAN. Without objection, the amendment is The question was taken; and there were-yeas 140, nays agreed to. 205, not voting 83, as follows: There was no objection. [Roll No. 132] The CHAIRMAN. Under the rule the Commit~ee rises. YEA8-140 Accordingly the Committee rose; and the Speaker having Allen, Pa. · Bulwinkle Culkin Engel resumed the chair, Mr. BEAM, Chairman of the Committee of Andersen, H. Carl Byrns, Tenn. D' Alesandro Englebright the Whole House on the state of the 'Union, reported that Anderson, Mo. Carlson Darrow Faddis Arnold Carter Dingell Fenton that Committee having had under consideration the bill Ashbrook Chapman Disney Flannery sion Mr. LEA: Committee on Interstate and Foreign Com­ for the fiscal year 1940, in the amount of $250,000.