162 CONGRESS! ON AL RECOR,D-HOUSE DECEI\1BER 9

WASHINGTO~ fine conscience, with high principle, and in eYery way make Edith M. Lindgren to be postmaster at Cosmopolis, Wash., right use of our vocation. In the name of the Great Tencher · in place of T. D. Johnson, resigned. . we pray. Amen. Marion J. Rood to be postmaster at Richmond Highlands, The Journal of the proceedings of yesterday was read ancl \Vash. Office became presidential July 1, 1926. approved. Frank Morris to be postmaster at Bordeaux, Wash. Office became presidential July 1, 1926. REMOVAL OF GATES AND PIERS IN WEST EXECUTIVE AVE~CE Uichard B. Caywood to be postmaster at Charleston, Wash., Mr. ELLIOT!'. l\lr. Speaker, I ask unanimous consent to in place of R. J. Chamberlain. Incumbent's commission expire~ take from the Speaker's table the bill (H. R. 54) authorizing March 22, 1926. . the removal of gates and piers in West Executive Avenue Mark -L. Durrell to be postmaster at Deer Park, Wash., m between the grounds of the Wl.lite House and the State, War, place of C. E. Hiatt. Incumbent's commission expired April 3, and Navy Building, with Senate amendments thereto, disagree 1926. . to the Senate amendments, and ask for a conference. Groyer C. Schoonover to be postmaster at Ode~sa, Wash. .' m The SPEAKER. 'l'he gentleman from Indiana asks unani­ place of G. C. Schoonover. Incumbent's conun1ssion expired mous consent to take from the Speaker's tallle the bill H. R August 26, 1926. 54, with Senate amendments thereto, disagree to the Senate FMnk S. Clem to be postmaster at Olympia, Wash., in place amendments, and ask for a conference. The Clerk will report of F. S. Clem. Incumbent's commission expired September 22, the bill. 1920. . f The Clerk read the title of the bill. Selina Laughlin to be postmaster at Yader, Wash., m place o Y. Townsend. Incumbent's commission expired April 3, The Clerk read the Senate amendments. u. The SPEAKER. Is there objection to the request of the 1926. . gentleman from Indiana. [After a pause.] Tile Chair hears Raymond M. Badger to be postmaster at Winthrop, Wash., m none. place of R. M. Badger. Incumbent's commission expired August 5, 1926. The SPEAKER appointed the following conferees: Mr. Er..­ LIOTT, Mr. TAYLOR of Tennessee, and Mr. LANHAM. WEST VIRGI~IA Louis Knakal to be postmaster at Widen, W. Va., in place of .ADDRESS OF HO~. PEDRO GUEVARA, lrnSlDE)IT COY MISSIONER. FRO.li E. E. Erskine, resigned. . THE PHILIPPL.'\"ES Harry 0. Lockman to be postmaster at Helen, W. Va., m Mr. LAGUARDIA. Mr. Speaker, I ask unanimous consent to place of P. C. Thomas, resigned. extend my remarks in the RECORD by printing therein a speec·h George H. 1\ioreau to be postmaster at Fayetteville, W. Va., delivered by the Resident Commissioner from the Philippines, in place of D. l\I. McClung, removed. · Mr. GUEvARA, delivered before the second conference on the Wilburn D. Hill to be postmaster at Danville, W. Va. Office cause and cure of war, held at the hall of nations of the Hotel became presidential July 1, 1926. Washington in this city on December 8, 1926. Benjamin C. Wetzel to be postmaster at Sun, W. Va. Office The SPEAKER. The gentleman from New York asks unani­ became presidential July 1, 1926. mous consent to extend his remarks in the RE-CORD by printing Alfred l\1. McKinney to be postmaster at Beckley, W. Ya., in therein a speech, referred to, delivered by the resident commis­ place of G. H. l\lellen. Incumbent's commission expired Janu- sioner from the Philippines. Is there objection 'l ary 21, 1926. . " There was no objection. Paul G. Rogers to be postmaster at Clendenin, W. Va., in The matter referred to is here printed, as follows : place of P. G. Rogers. Incumbent's commission expired Febru­ ary 14, 1926. CAuSE A);D CURE OF WAB Arthur F. Dunham to be postmaster at Farmington,.. W. Va., M.A.DA~I CH.HR}!A~: It is indeed a privilege to appear before this in place of M. L. Hartley. Incumbent's commission expired conference and present the ease for independence on behalf of the Norember 17, 1925. Filipino people. Thi.s question is to·day a fundamental i ~sue before John W. Fortney to be postmaster at Lumberport, W. Va., the American people, and, in justice to all parties concerned, should in place of J.· '\"\'. Fortney. Incumbent's commission expired be faced and definitely resolved by American statesmanship. August 29, 1926. WHY IS 11' ASKED! Ethel l\I. Zimmerman to be postmaster at McMechen, W. Va., Independence for the Philippine Islands is an ideal which has bPen in place of E. M. Zimmerman. Incumbent's commission expired cherished by their people from time immemorial. It is not the result August 5, 1923. of hardships which have been endured at the hands of others, but is George E. Patter. on to be postmaster at Wellsburg, W. Va., a sentiment rooted in the very fiber of their ex.istenre. Before SpaLr:! in place of G. E. Patterson. Incumbent's commission expired occupied the islands their people fought persistently for the preserva­ September 22, 1926. tion of their independent existence, and even their subjugation by WYOMING the superior forces of Spain did not serve to end this struggle. .d.t Albert J. Schils to be postmaster at Cokeville, Wyo., in place frequent intervals there were uprisings on the part of the Filipinos of A.. J. Schils. Incumbent's commission exvired November 21, against SP.anish sovereignty. The resistance thus offered was never 1925. successful until the helping hand of the United States made possible Mayme A. Jackson to be postmaster at Osage, Wyo., in place the end of Spanish domination. This event which crowned their of M. A. Jackson. Incumbent's commission expired June 17, previous sacrifices will always be recalled with gratitude and patriotic 1926. pride on the part of the Filipinos. Upon the foundation of a united Thomas B. Wright to be postmaster at Riverton, Wyo., in national sentiment it raised a real and fervent hope that independence place of T. B. Wright. Incumbent's commission expired August for the Filipinos would pro-ve a reality in the near future. Without 10, 1926. . hesitation I would say that as a practical matter the Filipino people Hedwig C: Hurtt to be postmaster at Sundance, Wyo., in are unanimous in their aspiration for independence. It is absolutely place of H. C. Hurtt. Incumbent's commission expired August safe to assert that not less than 95 per cent of the populatlon is 30, 1926. unqualifiedly in favor of it. William 0. Braley to be postmaster at Upton, Wyo., in place Assuredly there is no difficulty in explaining this desire for inde­ of w·. 0. Braley. Incumbent's commission expired September pendence. The principle of "government of, for, and by the people"' 8, 1926. finds the most loyal adherents· among the Filipinos. They, like the American people, believe that all true government must derive i~s HOUSE OF REPRESENTATIVES powers from the consent ot the governed, and that their true happi­ ness can be obtained only by the realization of these principles. In THURSDA-Y, Decem-ber 9, 19£6 fact, they look upon these precPpts as the very cornerstone of American­ The House met at 12 o'clock noon. Filipino association. From the beginning of American occupation in The Chaplain, Rev. James Shera Montgomery, D. D., offered the Philippines it was solemnly announced " the free can conquer but to the following prayer : save," and in the latest congressional action taken regarding the government of the islands they were promised that independence would For this brief moment, 0 Lord, we would close the door be granted them. No liberty-loving people can be truly happy or con­ of the busy world, and in quiet and silent effort we would tented with their lot when those representatives whom they themselves repeat our vows, that good deeds and wholesome living may choose are possessed of less authority than that held by a man as to be the issues of our lives this day. Weapon our minds with whose selection they have no control. It is because the Filipinos are clear thinking, our tongues with wise speaking, and our intensely a liberty-loving people and are definitely committed to hearts with rich sentiment. As we are intrusted with great fundamental American principles that they long so keenly for inde­ responsibilities, do Thou help us to discharge them with a pendence. 1926 CONGRESSIONAL RECORD-HOUBE 163 Nor is this desire one founded in sentiment only; it rests also upon 1 Perhaps the most doubtful aspect presented by independence for sound practical considerations. The islands possess vast natural re- the islands would be the possibility of foreign aggression. It has sources, and the development of these resources, together with the de- often been said that if the United States should give up the Philip· ve1opment of commerce and industry, which would inevitably follow, is pines they would immediately be taken 01er by some other powerful an urgent necessity. Such advancement in this direction is hindered nation. England, Japan, and er-en China have- be.en considered as by the present indefinite political sb.tus of the Philippines. Progress possible aggressol'S. in education, sanitation, and in many other admirable activities has I feel sure, however, that this fear is without sound foundation. been accomplished with notable success. The American occupation has In fact, England invaded the Philippines during her war with France also been of immense cultural benefit to the Filipino people. The and Spain in the eighteenth century, but subsequently returned them . aebievements of united American-Filipino effort along these lines is ·to Spain without making any attempt to retain them. An oppor­ generally recognized by all, whatever differences of opinion may be tunity was offered Japan by Spain to purchase the islands, but this hcl r to move that the House resoh·e itself into the Committee of the do o. Whole House on the state of the Union for the consideration of The CIIAIRMAl~. The Chair will recognize the gentleman S. !?858, to fix the salaries of certain judges of the United States. from Missouri in opposition to the bill. The gentleman from That after general debate, which shall be confined to the bill and shall Pennsylvania [Ml·. GRAHAM] is recognized for one hour. cont inue not to exceed two hours, to be equally divided and controlled l\Ir. GRAHAM. l\Ir. Chairman and gentlemen of the com­ by those favoring and oppo ing the bill, the bill shall be read for mittee, I would like to say to the committee that, owing to amendment under the five-minute ruie. At the conclusion of the read­ visitations of a character beyond human control, deaths which Ing of the bill for amendment the committee shall arise and report the have occurred affecting to some degree the attendance on the bill to the House with such amendments as may have been adopted, House-l refer to a death in Philadelphia of a prominent anu the previous question shall be considered as ordered on the bill citizen-. in compliance with the expressed direction of the House, of the House, it is unnecessary to indulge in lengthened expla­ I am again presenting the resolution for furtl1er consideration. nation or attempt to make an aduress. I wish, therefore, to The resolution itself has been debated. The Members of the conserve the time as fully as possible. In fact, I would be Hofu;e understand the purpose of the ·resolution. There is pro­ perfectly willing as an individual Member to submit the bill to vii:ion under it for two hom·s of discussion on the bill itself. the House for a vote upon it on its merits at once. But we I do not think it needs any more discussion on my part at this must go through the form required by the rules and have it con­ tiru(l. If the l\Iembers of the House, as expressed by vote on sidered in the committee with opportunity for amendment under Ju13· 2 la~t. desire again to take up the proposition, it is now the 5-minute rule and then report back to the House. In the before the House for your consideration. I move the previous pref'ent state of legislation, and in view of the fact that this i.· fJUestiou on the resolution to final passage. the short session of our Congress and that it dies on the 4th The SPEAKER. The gentleman from New York moves the of March, and there is such a vast amount of business that muRt previous question. be transacted before that date, I feel that thiJs mea ure ought The previous question was ordered. to be pas ·ed without a single amendment so that it can go to The SPEAKER. The question is on agreeing to the resolu­ the President for his ignature, and I take it for granted, from tion. the expressions in his message, that that signature would not The resolution was agreed to. be withheld scarcely for a day. I am, therefore, going to 11r. GRAHAM. Mr. Speaker, I move that the House re.c;olve reserve the remainder of my time and ask the other side to it:-:elf into the Committee of the Whole House on the state of make use of its own. [Applause.] the rnion for the consideration of the bill s. 2858, to fix the The CIIAIRl'tiA..~. The gentleman from Missouri (:\Ir. CAN­ salaries of certain judges of the United States. NON] is recognized for one hour. Tlle motion was agreed to. Mr. CA.J.~NON. Mr. Chairman, I yield the gentleman from Accordingly the House resol\ed itself into the Committee of lllinois [Mr. R.AII'I"'EY] 30 minutes. the Whole House on the state of the Union for the considera­ Mr. RAINEY. Mr. Chairman and gentlemen of the com­ tion of the bill S. 2858, with 1\Ir. BIOOG in the chair. mittee, eight years ago the Federal judges, exce-pt perhaps the Tl1e Clerk read the title of the bill. Justices of the Supreme Court, appointed a committee of 12 to l\lr. GRAHAM. .Mr. Chairman, I ask unanimous consent draft a bill fixing their own salaries. The salaries now in tlw that the first reading of the bill be dispensed with. law were fixed by that committee. They came here eight y(lars The CHAIRMAN. The gentleman from Pennsylvania asks ago repre enting that the cost of living had increased, and unanimous consent to dispense with the first reading of the bill. therefore in view of the fact that other salaries were heing Is there objection? raised they were entitled to the increases they suggested, and There was no objection. the inference was that they would be satisfied with the sal­ Mr. CANNON. Mr. Chairman, a parliamentary inquiry. aries they themselves had fixed for them ·elves, and on that The CHAIRMAN. The gentleman will state it. understanding the bill was passed through the House and 1\lr. CA~TNON. Mr. Chairman, the rule provides for control the salaries of these district and Federal circuit judges, 126 of the time, half by those favoring the bill and half by those of th(lm, I believe, were fixed at the rate now carried in the oppo~ed to the bill. Who will be in control of the time in law. The cost of li\ing has not gone up. No gentleman ou oppo~ition to the bill? the Republican side will say ~at it has since then, and yet The CHAIRMAN. Is any member of the Committee on the we have here now another bill proposing these additional large Judic·iary opposed to the bill? incre-ases, suggested now not by the judges but by the lawyers 1\lr. GRAHAM. So far as I know there is not. I have as-ked who practice in these courts. The matter came up at the last the gentleman from Virginia [Mr. MoNTAGUE], the ranking session and then went over until this session, a most convenient member of the Committee on the Judiciary, to take charge of arrangement. An election has occurred since then, and it io;; tlle time in opposition to the bill. easier to yote for this bill after the election and after places The CHAIRMAN. Is the gentleman from Virginia opposed have been secured here for two years more t11an it was before to the bill? the election. To-day, however, I propose to call attention in Mr. MONTAGUE. I favor the bill. the brief time allocted to me to just one item in this bill. The CHAIRMAN. Is the gentleman from Mis::;ouri opposed When we reach the seventh line of the printed bill we have to the bill? here I propose to move to strike out $20,500 per year, the sal­ M1._ CANNON. I am. ary proposed for the Chief Justice of the Supreme Court of the 1926 CONGRESSIONAL RECORD-HOUSE 165 United States, and to substitute for the amount $15,000. The December-this month-and in it he advised me that the Chief Justice will if this bill passes be receiving more than annuities were still being paid and that the last installment was other justices receive under this proposed bill, and the differ­ paid him on the 11th of August last and amounted to $5,000. ence in dignity between his position and the position of the Now, these are the facts in this case. I will print these let­ other justices will be sufficiently preserved. But I propose ters and my correspondence in the RECORD. I would be ()'lad to this amendment for an entirely different reason. Much of the read them-the originals-if anybody wants me t; read speech that I expect to deliver this afternoon I am going to them. read to the committee. Some of it consists of letters wd docu­ THE TAFT ANNlJITY ments ; but I am anxious not to consume more time than I THE FACTS can help, so, therefore, in order that I may print these letters and documents, after explaining what they are and not burden the Lat~ in .August of 1919 Mr. ~arnegie's will was made public, committee with reading them, I ask permission now to revise and h1s. will, among other annmties, provided for an annuity to ex-P~es1dent Taft of $10,000 per year. Opposite the Taft and extend my remarks. annmty, however, and on the face of the original will was a The CHAIRMAN. The gentleman from Illinois asks unani­ note in Mr. Carnegie's ow.n handwriting to the effect that the mous consent to reyise and extend his remarks in the RECORD. Taft annuity" has been transferred to the presidential annuities Is there objection? - of the Carnegie Corporation." In his will he names the Home There was no objection. Trust Co. of New Jersey as his trustee, authorizing it to make Mr. RAINEY. In 1913 Andrew Carnegie was living and sufficient investments to maintain the above annuity and other l\fr. Taft was President of the United States. Andrew Car­ annuities established in his will. In the event that the Home negie announced that he proposed to establish an annuity for Trust Co. can not act, he selected Robert A. Franks. And now I future ex-Presidents of $25,000 a year. At that time we had desire to read my correspondence with Mr. Robert A. Franks, only one ex-President. Mr. Roosevelt and Mr. Carnegie could president of the Home Trust Co. of New Jersey. On the 15th ne-rer agree upon the matter of a referendum of judicial day of June, 1926, I addressed to the Carnegie Corporation of decisions. So the proposition was limited to future ex-Presi­ New York, the letter which I will here print in my speech dents. The time was drawing rapidly near when Mr. Taft together with the other letters: ' would be an ex-President. Mr. Roosevelt was interviewed by the reporters I find by referring to the newspapers of that THE CARNEGIE CORPORATION OF NEW YORK period, and he said that inasmuch as the annuity would apply New York City~ N. Y.~ Ju.tze 15: 1!f'..6. only to futm·e ex-Presidents, therefore it would not apply DEAR SIRs : The will of Andrew Carnegie, probated in 1919, provides to him, and he had nothing to say. Mr. Taft was noncom­ for certain annuities, among other annuities an annuity to ex-President mittal and refused to express himself. Taft of $10,000 a year. There is an annotation on the will I am Shortly afterwards Mr. Taft became an ex-President of advised, in the handwriting of Andrew Carnf'.gie to the effe~t that the United States. In 1919, in August, I think, of that year, this annuity has been merged into the presidential annuity of $25,000 Mr. Carnegie died. He left a will providing a number of a year, being adminlstered by the Carnegie Corporation of New York annuities to be administered by the Home Trust Co. of New City, or some words to that effect. Please advise me whether the Jersey, and in the event that the Home Trust Co. of New Carnegie Corporation of New York City is administering thi.s annuity Jersey declined to act, by Mr. Robert A. Franks, who is the and whether the corporation has made any payments on account of president of the Home Trust Co. of New Jersey. Among it and is still making these payments. Please also advise me it this numerous other annuities he left an annuity to Mr. Taft of annuity is not being paid, whether the $10,000 annuity provided for in $10,000 a year. When the will was probated it was found that the will is being paid, and also advise me through what agency the in the margin of the will there was a note in the handwriting payments are being made, if they are being made at all. of Mr. Carnegie himself saying that this annuity had been Very truly yours, merged in the presidential annuity, which was to be admin­ HE:-IRY T. RAIKEY. istered by the Carnegie Co. of New York, and so the matter On June 21, 1926, I received a reply to this communication stood. from Robert A. Franks, p.resident of the Home Trust Co., ex­ The next year following Mr. Carnegie's dea.th Mr. Taft was ecutor of the estate of Andrew Carnegie. This is the letter: appointed Chief Justice of the Supreme Court of the United States. The Universal Service, in commenting upon the pro­ ESTATE OF ANDREW CA1L'fEGIE~ ceeding in the Senate under whicl!- his nomination was con­ HoME TRUST Co., E:x:»euTOR, firmed, stated that the question was raised there as to whether New York, Jttne f1, 1926. Mr. Taft was receiving these annuities or either of them. A DEAR SIR : I beg to acknowledge receipt of your letter of the 15th prominent Republican Senator agreed that if Mr. Taft was instant. On January 16, 1912, in a letter accompanying a gift of receiving an annuity directly or indirectly from the estate of certain securities to the Carnegie Corporation of New York, Mr. Car­ Andrew Carnegie he would renounce it upon assuming his negie made a request to the trustees of the corporation that income duties as the Chief Justice of the Supreme Court of the United from the securities be appropriated to the payment of pensions to ex­ States, and with that understanding-and a substantial mi­ Presidents and their widows. The letter took the form of a request nority voted against confirmation even then-his confirmation and not an absolute mandate to the trustees. The announcement of went through. the plan gave rise to a certain amount of adverse comment, and the Now these are the facts; and, being anxious to find out trustees, with the knowledge and assent of Mr. Carnegie, elected not whether Mr. Taft had given up this annuity or not, and how to put the plan into effect. No pensjons have ever been offered or much he was receiving, whether he was receiving under the paid by the Carnegie Corporation to any ex-President or any widow will or under the presidential annuity proposition, I took the of an ex-President. matter up with the Carnegie Corporation in New York, address­ Article V of Mr. carnegie's will contained a long list of annuities ing them a letter which I will print in my speech and will not to relatives and friends. Among otlters was an annuity of $10,000 to read it now, and I received their reply, dated last June-June ex-President Taft. After Mr. Carnegie's death, when the will was 15, I think ; I have it here but I will print it in the RECORD opened and offered for probate, it was found that the margin opposite advising me that the Home Trust Co. of New Jersey, th~ the clause granting the annuity to Mr. Taft bore the legend: executors of the estate of Andrew Carnegie, assumed, under the " This has been transferred to the presidential annuity of the Car- circumstances, and in view of certain facts, that the notation negie Corporation of New York. in the will in Carnegie's handwriting was an error. ' "ll'DREW CARNEGIE." Neither the Carnegie Corporation nor the Home Trust Co. of This legend indicated a poss_ible ademption of the annuity; but 1n New Jersey had ever established the presidential annuity or view of the fact that the trustees of the corporation had already paid the presidential annuity to Mr. Taft, but the Home Trust determined not to pay pensions to the ex-Presidents, it was considered Co. of New Jersey, so Mr. Franks advised me in this communi­ that the notation was erroneons and that the estate had an obligation cation, was. paying to Mr. Taft the annuity of $10,000 provided to proceed with the payment of the annuity. That annuity has, in fact, by the will of Mr. Carnegie, and he had been drawing that been paid by the estate since the probate of the will. amount from the time the will was probated until the time Very truly yours, this letter was' written to me last April HOME TRusT Co., E:eecz~tot, Des!r4Ig to bring the matter up to date, when I retm·ned to ROBERT FRANKS, President. Washington this fall, on the 27th day of November I addressed a Hon. HESI:Y T. RAINEY, l~tter to M;. Robert A. Franks at hi~ ~ew York office, asking · Hou-se of Representati-ves~ Washington, D. O. h1m to adVIS.e me whether these a_nnmties were still being paid Just before the convening of this Congress I addressed a com­ under the will of Andrew Carnegie and asking him to give me munication to Mr. Franks, president of the Home Trust Co. the date of the last payment. His reply I will print in the asking him whether or not payments on this annuity were still REeoxn "ithout reading it now. -It was da_ted the 3d day _of being made to ex-President Taft, and inqu~ing the date of the 166 COXGRESSIOXAL RECORD-HOuSE Dl!.CEMBER 9 last payment, and in reply to that communication I receh·ed on the Judiciary of the House of Representatives, which accom­ tlli ~ letter : panies this bill. In advocating the very large increases in the HOME TRus-r Co., salary of the Chief Justice of the United States, he very prop­ Hoboken, N. J., r!. B. A., Decetnbm· 3, 1!Y:!6. erly calls attention and Yery effectiYely calls attention to the Hon. HENRY T. RAIXEY, responsibilities devolving upon the Federal judiciary: House of RepresentaHves, Washington, D. C. Matters involving incredibly large property interests are submitted DBAn SIR: I am in receipt of your letter of the 27 th of ~on>mber, to them for determination. The meaning and effect of statutes like and in answer to your inquiry beg to state that the payments are still the Sherman antitrust law and its application in the case of great being made to ex-President Taft, tlle date of the last payment being C'Oml>anies, like the Standard Oil Co., the United States Steel Cor­ August 11, 1926--$5,000. poration, the tobacco companies, and may others, depend upon their Very truly yours, leal'J1ing, wisdom, and judgment. The successful administration of H OllE Tnr;s-r Co., !!Teat receiverships, such as those of enormous railroad systems, rests R. A. FlUNKS. with them. CAXOXS OF Jt::DICIAL ETHICS I quite agree with this part of the report, and may I now On the 9th day of July, 1924. the American Bar Associa­ call attention to the fact that the annuity receired by Chief tion at its forty-seyenth annual meeting at Philadelphia .Justice Taft is secured by a segregation of bonds of the adopted its "Canons of .Jutlicial Ethics:· Thel'e canons 'Cnited States Steel Corporation. The "C'nited •'tntes Steel Cor­ wel'e prepared by a committee of the American Bar Associa­ poration is our greatel t indu .~try . Its stock is highly specu­ tion appointed in 1922, and William II. Taft. of the District lath·e. of Columbia, was the chairman of the committee. The Canons Yesterday on th<' Kew York Stock Exchange 1,500,000 . hares of Judicial Ethics are printed at page 761 of the volume for of ~ tock were sold. ~early a hundred thou and hares of the year 1924. I propose now to read from some of them. stock of the "C'nited State Steel Corporation were transferred, He, the judge, should not- the selling pr ~ ce -rar~·ing a much as $2 per share. l\Iore share Incur obligations, pecuniary or otherwise. which will in any way ''ere sold yesterday on the ~ew York Stock Exchange of this interfere, or appear to interfere, with his devotion to the expeditious great corporation than of any other four corporation. com­ and proper administration of his official functions. bined. Forty-two thousand dollars worth of bonds of the "Cnited States Steel Corporation changed hands yesterday on I quote again. He, the judge. should not- the Kew York Stock Exchange. The bond· of very few of our enter into any business relation which, in the normal course of great industrial corporations were subjected to ·o large a turn­ events reasonably to be mrpected, might bring his personal interest oyer on the market yesterday as this. From the viewpoint of into conflict with the impartial performance of his official duties. an annuitant receiving a large income from the depo it of securi­ ties of this great corporation these transfer" mu t be intere... ting I now quote from canon 26 of this code : indeed. In fact, any transactions or any happening which He hould abstain from making personal investments in enter· might affect the busine s of this great corporation would be prise· which are apt to be involved in litigation in the court; and, a matter of almost l'ital interest to a man who receives an after his accession to the bench, he should not retain such invest· annuity from a deposit of these securities, and especially inter­ ments previously made, longer than a period sufficient to enable him esting if the accumulation of the securities, which pays him to dispose of them without serious loss. It is desirable that he this large annuity, is the result not of his own industry or hould, so far as reasonably possible, refrain from all relations which success in business but is a mere gratuity presented to him l1y would normally tend to arouse the suspicion that such relations warp. another man, who is the greatest captain of industry this or bias his judgment, or prevent his impartial attitude of mind in the country, or peFhaps the world, has ever produced. Three years administration of his judicial dutie . ago when announcement was made that Mr. Taft wa still I quote now from canon 32. He, the judge- receiving this annuity, the l\ew York Herald quotes :Mr. Taft as saying: should not acc~pt any presents or fa \"Ors "' * • from others wbose interests are likely to be submitted to him for his judgment. I have nothing to say at this time on the subject. This latter canon is printed under the head "Gifts and On April 26, 1923, the Universal Service, under a Washington Favors." date, reported that when Mr. Taft was appointed Chief Ju tice The Taft annuity is secured by a deposit or segregation of in 1921, the Senate knew that he was receiving this annuity $200,000 worth of bonds of the United States Steel Corpora­ from the Steel Trust. This report stated that when his con­ firmation was being considered this matter was di..;cnssed in tion, or it may be that ~200,000 worth of the tock of the "C"nited States Steel Co. ha been segregated and the divi­ executive session of the Senate. This report state that a prom­ dends on the same to the amount of $10,000 a year are now inent Republican Senator raised the point that it would not being paid to the Chief Justice of the Supreme Court of the look well for the holder of such a high office us that of tile "Cnited States. It is immaterial for the purpose of this argu­ Chief Justice of the Supreme Court to be on the pay roll of an ment whether it is stocks or bonds, but from the best infor­ estate whose funds were practically. all derived from the great mation I have been able to obtain, I think the deposit is a Steel Trust. After that, the Universal Service reports, that a deposit of bonds. At the time Mr. Taft acted as chairman number of Republican Sen a tors demanded to know whether of the committee which prepared these canons he was Chief the annuity would be continued if Taft assumed the office of Justice of the Supreme Court of the United States, and he Chief Justice. These opponents were then informed that it was probably selected as chairman of this important commit­ was understood that Taft would a ··k the Carnegie corporation to cea e payments on the annuity as oon as he became Chief tee of the American Bar Association for that rea. on. I have given the exact facts in this matter so far without comment. Justice. It was generally believed, the Universal Service stated, that the Senators who made the statement knew what they I think I might now read from the law passed by Congress were talking about. At any rate, according to this service, this on the 3d day of March, 1917. This law was in force when statement was accepted and l\lr. 'l'aft was tben confirmed, President Taft took the oath of office as Supreme Justice of there being however, a very considerable vote against the the Supreme Court of the United States. It is still in force confirmation. antl ·effect : IMPORTAXCE OF THE S UPRE.ME COURT No Government official or employee shall receive any salary in con· The Supreme Court is the most important judicial body in nection with his service as such official or employee from any source the world. It is the only court in existence in the world from other than the Government of the "Gnited States, except as may be whose decisions there is no appeal, and the Chief Ju ·tice of contributed out of the treasury of any State, county, or municipality, the Supreme Court of the United States is the mo t important and no per on, association, or corporation shall make any contribution judicial officer in the world. to or in any way supplement the salary of any Government official or employee for the service performed by him for the Government of THE REMEDY FOR THIS UXF'ORTU:o>ATE CO~DITION the United States. If an indictment was returned against the officials of the .Any person violating any or the terms or this proviso shall be Home Insurance Co. or against the Chief Justice of the Supreme deemed guilty of a misdemeanor and upon conviction thereof shall be Court of the United States on account of the payments and the p011ished by a fine of not less than $1,000 or imprisonment for not acceptance of this contribution, it might under a very strict less than six months, or by both such fine and imprisonment, as the construction of the statute of March 3, 1917, not be sustained court may determine. in the courts, but it would be a strict construction, indeed, which would enable the Chief Justice of the United Stutes and SOME COliMRI.'

Mr. GRAHA...\1. 1\Ir. Chan·man, I Will take three mmutes to when the agitation was started aO"ainst0 it in 1922 to curtail its answer a certain proposition advanced by the gentleman from power relative to declaring acts of Congress unconstitutional. IIH.nois_[Mr. RAI?<-xY]. I happen to kno:V something !!bout the The lowest-paiU Federal judge now receives $7,500 a year, ~eg1slat1?n to which he referred, conc~~mng the sa.laries of tJ:te and under this bill if enacted into law. will receive $10,000 JUdges m 1919. I was on the Judiciary Committee and m per year. I think it is fair to compare the salaries now paid charge, as I recollect it, of the bill on the floor (}f the House. and that will be paid under this bill to the lowest-paid Federal There was no committee of judges that fixed any sal?-t·ies for judges with the salaries paid by the variou States in the "C"nion that committee. The bill which was before tbe committee was to their highest-paid judges:: that i::., the judge on the supreme a graded bill, and on the :floor of the House the ~hen :Member courts of the Rtate:. I llave before me here the salaries paid from Massachusetts. Mr. Walsh, moved to make It a flat rate to the supreme court judges in all the States of the L"nion from $6,000 to ~7,500, and there was n9 agreement or suggestion The chairman of the Judiciary Committee pre~entin~ this bili of agreement on the part of the judges of the Federal courts ealls attention only to the salaries paid to the British judges of tlle Dnited States for any amount of salary. and to the '3alaries paid to the judge of the highest court in I want to say one thing more. The Chief Justice of the five or six State of the Union. I have before me the Repm·tR United States does not need my voice to be raised in his defense, of the American Bar Association for 1924. \olnme XLIX, anu but I call your attention to this fact, that the statements made on page 320 are the salaries then paid to the judges of the by the gentleman from Illinois [Mr. RAINEY] are wholly out of supreme courts of the States. Th{'y are as follows: touch or keeping with the subject now before this committee. [Applause.] I always listen with respect to the gentleman State Rank Salary from Illinois. He is interesting at least; but when you recall that this legacy was the legacy of an individual, whose will, New Jersey __ .... ·-··-··-·--·-·····-·------·-··-·····-·-··-··- l $18,000 when he died, went into operation and fixed that legacy regard­ 2 17,500 less of the securities that were behind it and that that was ~i~~f~~~~~= ~======:::::::::::::::::::::: ======3 I5,000 done two years, according to the gentleman's own statement, New York .. ___ ------···· ---····-·---····--··-----··-····--· 4 13,700 Massachusetts .. _------·---·--·-·--····· ... __ ------·-··· ... 5 12,000 before the Chief Justice assumed the high office which he now Michigan .. _.. __ -----·-· ____ ------·-···-·---·-··--··.------· __ 6 IO,OOO fills so honorably and well, you can all see--laymen and law­ Connecticut ______-····_-··· ...... ____ -----·--······- 7 9,000 yers-the irrelevancy of the whole speech. [Applause.] Ohio, Maryland, and Wisconsin_·-···-----·····-·------·····-- 8-10 8,500 California, Louisiana, Rhode Island, and West Virginia ______11-14 8,000 Mr. CANNON. Did I understand the Chair to say that I had Delaware, Indiana, Missouri, Montana, and Nebraska ______liH9 7, 500 consumed 30 minutes? Georgia, Minnesota, Washington, and Wyoming ______20-23 7,000 Alabama, Mississippi, and Texas .. ·------··-··------·-··------24-26 6, 500 The CHAIRMAN. The gentleman has consumed 40 minutoo. North Carolina __ .. ------·------· ·-··-·- ______27 6, 350 l\Ir. CANNON. I yielded 20 minutes to the gentleman from Iowa, Kansas, Maine, Nevada, New Hampshire, New Mexico, Illinois when I first yielded the floor to him and subsequently Oklahoma, and Virginia------·--·--·······---·····---- 28-35 6,000 Florida, North Dakota, and Tennessee ...... --·-···-·····--···· 36-38 5, 500 yielded him 15 minutes. Oregon ______-··_ ...... -··-··--______39 5.250 The CHAIRMAN. The gentleman from Missouri yielded to Arizona, Colorado, Idaho, Kentucky, Utah, and Vermont ______40-45 5,000 the gentleman from Illinois 30 minutes and then 15 minutes South Carolina ______••.• ______..... ------· __ .. _. __ ----· 46 4, 500 Arkansas------·-· ··-·--·------·---·-----····----···----· __ 47 4,000 additional, but the gentleman from illinois, upon his second rec­ South Dakota... ------·· ··------···------·--····-·· ______48 3,000 ognition, only used 10 minutes. Consequently the gentleman has consumed 40 minqtes and has 20 minutes remaining. Average for 48 States is $7, 701.06. Mr. CANNON. Mr. Chairman, I was mistaken. I now yield These are the salaries paid in 1924. There have b~en but a five minutes to the gentleman from Iowa [Mr. RAMSEYER]. few increases since. Iowa now pays $7,500 per annum, whereas 1926 CO:NGRESSIONAL RECORD-. HOUSE 169 it form-erly paid $6,000 per annum. Rhode Island has increased Edwin L. Garvin: United States· dil:.-triet judge, New York (eastern), the salaries of its judges $2,000 per annum. resigned October 31, 1925. Letter of resignation states: "In resigning If this bill, which carries a minimum salary of $10,000, is I have taken this action with great regret and· only because of the impos­ enacted into law there will be only five States in the Union­ sibility of provicling for the necessiti('s 'Of my family and the education to wit, Massachusetts, New York, New Jersey, Pennsylvania, of my children with the salary now attached to the office." and Illinois-that will pay their highest-paid ju4. Chief .Justice of the Supreme Com·t, and the position is a life­ Served as judge since March 25, 1907.) time job. Henry C. Ward: United States circuit judge, second circuit (here­ The judges of the Supreme Court of Texas compare favor­ tofore retired), resigned October 31, 192~ ably to any that I k-now of on the Federal bench. They receive .Julius M. Mayer: United States circuit judge. second circuit, re­ $6,500 per annum for their services: They receive a less sti­ signed July 31, 1924.. (Nothing in the records to show cause.) pend than the present salary of the lowest-paid judge on the Loyal E. Knappen: United States circuit judge, sixth circuit, retired Federal bench, which is 7,500 per annum. We have no diffi­ April 15, 1924, under proyisions of se.ction,260 of the Judicial Code. cult-y in getting the most eminent lawyers in Texas to occupy 170 CONGRESS! ON AL RECORD-HOUSE DECEl\ffiER 9 positions on our supreme court bench. If this bill to increase more concern for the citizens whom they are supposed to serve. the salaries of Federal: judges was left to a referendum of the As Congress is close to the people and more fully reflects the people, does any man here think it would receive anything like popular will, I would extend the power of Congress over the a majority of the votes? Yet the people's Representatives are judiciary in whatever respects the Constitution would p~~~t. abOUt to adopt it by an OVerWhelming VOte, and the maj01ity HIGHER IDEALS NEEDED I~ WHITE HOUSE does not intend to let us have a roll call. Just such votes as this make me sometimes wonder if representative government One way by which the Federal judiciary might be improved really any longer represents. If this bill is to be adopted, it is to have men of higher ideals in the White House-Presidents would be a much more courageous and creditable thing to who would refuse to fill judicial positions with "lame ducks" adopt it by an aye-and-nay vote on roll call. I hope the and rep?diated poli~~ci~ns ; Cllief Executives who would have majority will grant us a roll call. the courage and patnotism to select .men ?f the finest typ~ ~nd Mr. CANNON. :Mr. Chairman, how much time have I re- ~ho would not bow to party con~Iderab_?ns and to pollhcal maining? mfiuence; who would not confer JUdgeshii!S as a reward for The CHAIRUAN. The gentleman has 10 minutes. Iparty service. [Appla~se.] We need !De'? m the White House Mr. CANNON. I yield the balance of my time to the gentle- who un~erstand America and . the principles upon which our man from Alabama (Mr. HUDDLESTON]. country 18 foun~ed, and who will n?t appoint to these positions l\lr. HUDDLESTON. Mr. Chairman, this bill increases the ?f tremendous Importance the semle agents of great business salary of the Chief Justice to $20,500 per year, of associate mterests or those whom such interests may indorse. [Ap- Supreme Justices to $20,000 per year, of circuit judges to plause.] . . " . $12,500 per year, of district judges to $10,000 per year, and . I am thmking now of the C~llop amendment,." which had for so on The avemO'e increase is about one-third above present Its purpose to force the Executive to make public the influences salari~s. ::. and recommendations ~der which a judge was appointed. The

We are told that certain Federal jud.,.es are threatenin.,.0 tore- ~easure ":as brought mto the House when we had a Repub­ sign if their salaries are not increased.::. I would sugO'est to any liCan Pr~sident, yet ~ad a Democratic majority in the House. judge who contemplates resigning that he do not he~tate. We It was armed at President Taft and certain appointments which can get just as good, if not a better, man to take his place. he had made. ~ remember ho~ th~ Democrats V?ted for it and The life tenure of Federal judges, the good salaries which they how the Republicans. voted agamst It almo~t una~rmously. ~hen now receive, and the honors and dignities which attend the I remember that a little later a Democratic Pre~dent came m~o office make it very attractive. There is not, on an average, one office and the same C.ullop amendment w~s agam presented m lawyer out of a thousand in the various towns and·cities of the the House, only now It came from Republlca!J. sources and wa::; country who would not accept an appointment even as a dis- renamed the " Mann amendment.'' Its purpose was exactl! the trict judge, the lowest in rank, with great pleasure. Whenever same as the Cullop amendment. And .then we had a. complete there is a vacancy, I notice that there is an intense scramble reversal on both sides. ~ th:e Republicans voted for It and all among the considered-to-be eligibles as to who shall receive the the Democrats voted agamst It. And I remember tllat, as then appointment. a new ~ember of the House, I thought that neither side had INCREASED SALARIES WILL NOT IMPROVE THE JUDICIARY any COnSIStency, that party advantage WaS everything, and prin­ ciple was nothing. Both sides are recorded against it and both We are told that increased salaries will draw a higher type of sides for it. [Laughter and applause.] men into judicial office. If I felt that an increase in salary So from that day to this the matter has never been presented would produce an improvement in the Federal judiciary I would again. The House must love the system under which great vote for this bill without hesitation. If I felt that an increase selfish interests may, like Satan, " squat like a toad " at the ear of a few thousand dollars annually would point the judges to of the Chief Executive and influence him in secret to select higher ideals of public service, to a better understanding of the those who will do their bidding. · fundamentals of democratic government, would make them more considerate of the lawyers and litigants who appear before NOT TRUE THAT "EVERY MAN HAS HIS PRICE " them, and would make them less egotistic and arrogant in their 1\Ir. Chairman, this bill is in thorough harmony with t.he conduct, I should most assuredly vote for the bill. spirit of the times. It assumes that there is nothing worth But, to the contrary, I know that no such results will come. while except money and that money will buy everything. An increase in salary may, indeed, lure away a few eminent 'Thank God, all of the people do not feel that way about it. practitioners from the service of great corporations; it may When all do feel that way, America will be lost, and judges can seduce from private practice a few money-loving lawyers into not save it. the public service ; but it will not bring into judicial office men This bill is insphed by the thought, not spoken, it is tru(l. , of greater learning or of higher ideals. Such men are not for but which shines through it, that the best men must be bought sale. They serre without regard to the salary which they may into the public service; that to induce men to serve the public receive. in high positions in the judiciary and elsewhere the Govern­ A. certain minimum, of '-'ourse, is necessary. A public officer ment must compete in salaries with private business. That is must be paid enough to afford him a decent living. But it is just another typical folly of these times. In many respects we not required-indeed, the safety of democracy does not permit­ are exceedingly wise, but in others we are unspeakably foolish. that we shall undertake to place public officials on a scale of In nothing are we more foolish than in the thought that the living equal to that of the deb. To do !O is to place them in best service of men may be bought with a price. I stand here an environment whlch is destructive alike to the principles of to defend my fellow men. With all my soul I deny that " every equality and to devotion to the general welfare. man has his price." It is slanderous of humanity. I stand here The way to reform the Federal judiciary is not by increasing to proclaim that the highest and best that is in man can be salai·ies. If we desire real reform, I should say that it could elicited only by his sense of duty. be accomplished better by extending the power of the legislative There are, of course, those who may be bought through pan­ branch of Government further over the judiciary. The legis­ deiing to their selfishness. There are those who ·will give their latiye branch, composed of Senators and Representatives, so souls for power or fame, or even for the lesser rewards of far as real substance goes, is the only branch of Government money and ease and luxury. There are those who are consumed which represents the people. We are directly responsible to with avarice, greed, and selfishness. But these are of the mere the people. They elect us to office and they haye the power to dross and dregs of society. end our political li-ves. Officials of the executive branch, except The great body of the people, the average men and women, for the President, are not chosen by the people. EYen the give of their best in the service of others. They give it as sol­ Pre, idency itself is filled indirectly ; and under our present diers fighting for their country. They give it as missionmies in system, the voice of average men and women in the selection the h·ackless jungles of distant lands. 'fhey give it as mothers of the Executive is slight indeed. The judicial branch is not and fathers in sacrifices for little children. They give it as to the slightest extent under popular control. Judges do not bumble citizens leading usefl}l and ordinary lives. The best depend upon the favor of the people for their· elevation to and highest is elicited from public servants by the thought oft:i.ce, and alas, it is often the case that they care nothing for that they serve their country and their fellow citizens. Yon can tlle will of the people. Under our present system, men are not buy it and yon can not hire it. It is above money and appointed to Federal judgeships who could not be elected con­ without price. [Applause.] stables in their home precincts-who could not be elected, not Yon may increase salaries to $50,000 or even $100,000 a year, merely because of lack of personal popularity, but because in but you will not raise the quality of the Federal judiciary as their character and practices they do not hold the confidence much as one hair's breadth. To the contrary, you will probably of their fellow citizens. lower judicial standards. You will probably merely insure I ~ubmit that the great need of the judiciary is that it should that the appointments shall go to those who enjoy the highest be made more responsive to the principles of democracy, and social positions, whose associations are with the elect and ex­ that our judges should have a better understanding and feel clusive, and who are accustomed to lives of luxury. The dis- 1926 CONGR.ESSION.A.L RECORD-HOUSE 171 tinguished Senator NoJUUS, of Nebraska, never said a truer Mr. GARRETT of Tennessee. Ur. Chairman, the rule is thing than when he said, in substance: "You can not expect that all bills except re\enue bills and appropriation bills are a judge who habitually puts his feet under rich men's tables at read by sections. Appropriation and revenue bills are read dillller at night to be able to hold the scales of justice equally by paragraphs, and all other bills are read by sections. between the rich and the poor on the morrow." 1\lr. C~'NON. Mr. Chairman, I make. the point of order WHAT MAKES A GOOD JUDGE the gentleman has been recognizetl and properly has the It is foolish ... to think that to get good judges we must select floor. them from among the lawyers who earn large incomes. L-arge The CHAIRMAN. The point of order is made at the proper incomes are rarely earned by lawyers except in the defense of time the Chair will hold, but does the gentleman from Mis~ouri vroperty, wealth, and position-in the service of great property care to offer any argument against the point of order? interests. That kind of lawyer rarely make good judges. Mr. CANNON. The point of order is not well taken. It The eminent practitioner who gains large rewards for serving would have been if it had been made in time, but it shoulu private interests is not the kind of man to make a judge out of. have been made when the gentleman aro e and proposed to A good judge must be a man who has a strong~ instinctive offer an amendment; but it was not, and the gentleman went love of jlvtice, a man who can not be bought to serve selfish ahead and offered an amendment and was recognized. interel'3ts against the welfare of his country. He must not have The CHAIRMAN. The Chair will hold the point of order in hi nature that wolf-like quality which is so often a charac­ wa made in ample time and-- teristic of the succes ... ful lawyer. He must be a student and Mr. RAI£\'EY. If it is being read by section, after the yet ha'e a large outlook on life, with a deep understanding of reading of the ection i.'3 concluded I . hall then a k recognition. jt.., h·ue ignificance. He must love the spiritual life and The CHAIRMAN. The Chair will recognize the gentleman recognize that after all it is the only life that is real, and at that time. that all else crumbles and passe away. The Clerk read as follows : Instead of a " money-getter" a judge hould be indifferent to To each of the circuit judges the sum of $12,500 per year. money. His ideas must be high. He must be above the selfish To each of the district judges the sum of , 10,{)00 per year. <'onsiderations that move men who think chiefly of financial To the presiding judge of the United States Court of Customs Ap­ returns. He mu:-:t love the l.m&nes ~ of judging for its own sake, peals and to each of the other judges thereof the sum of $12,500 per and must do his work even as the artisan who finds his glory year. in expre:-: ion and in doing good work. He must love his Maker To the chief justice of the Comt of Appeals of the District of Co­ and want to do his will. He must not have thought of re­ lumbia and to each of the associate ju tices thereof the urn of $12,500 wards, but be rurimated by the instinct expressed in Kipling's per year. Painter- To the chief justice of the Court of Claims and to each of the other And only the ~fA stet· shall prais-e u , and only the Master shall blame; judges thereof the sum of $12,500 per year. And no one . hall work for money and no one shall work for fame. To the chief justice of the Supreme Court of the District of Colum­ llut each for the joy of working and each in his separate star, bia, $10,500 per year, and to each of the associate justices thereof the Shall clraw the Thing as he sees it for the God of Things as they are. sum of $10,000 per year. [Applau~e.] To ea.ch of the members

:hlr. R.AIXEY. 1\fr. Chairman, may I have five minutes Mr. JOHNSON of Washington. That involves facts, if the ruore'! gentleman will permit me for a minute, as to tbe status of The CHAIRMAN. The gentleman from Illinois asks unani­ the Territories, and more particularly Alaska, as differing mous consent for five additional minutes. Is there objection? from that of Porto Rico. :Ulr. HOBSION of Kentucky. I object. 1\lr. MONTAGT.J"'E. There was no hearing before the Judi­ The CHAIRMA.."l\1. Ohjection is heard. The question is on ciary Committee on this particular subject. agreeing to the amendment offered by the gentleman from lllr. JOHNSON of Wasllington. Kot as to .the. e amend­ Illinois. ments; but let us not have a statement that runs contrary The question was taken, and the Chairman announced that to these very opinions that I am placing in the RECORD to the the ayes appeared to have it. . effect that the particular bill now under consideration covers Mr. RAI~Y. I ask for a division, 1\lr. Chairman. all district judges. District judges in the Territory of Alaska The CHAIR:UIAN. The gentleman from Illinois calls for a are treated as Federal judges and, in my opinion, from such division. The question is on agreeing to the amendment of tlle inquiry as I have been able to make are co\ered in this legis­ gentleman from Illinois. lation. The supreme judges of Porto Rico and the Philip­ The committee divided; and there were-aye 29, noes 155. pines are not covered in it. Mr. Chairman, I wHhdraw the So the amendment was rejected. pro forma amendment. hlr. JOHNSON of Washington. Mr. Cllairman, I move to Mr. GRAHAM. I will 8ay to the gentleman that the com­ strike out the last word. mittee will act upon that point. The CHAIRMAN. The gentleman from Washington moves to Mr. JOHNSON of Washington. I am glad to hear of that. strike out the last word . .Mr. LINTHICUM. Why do you omit the justices of the .Mr. JOHNSON of Washington. Mr. Chairman and gentle­ Virgin Islands is these salaries proposed'? men, I had planned to offer an amendment to this bill to read Mr. JOHNSON of Washington. I am not informed as to as follows-! will ask the Clerk to read it. their status. The CHAIRMAN. The Clerk will report it. [The letters offered by Mr. JoHNSON of Waflhington for The Clerk read as follows: insertion in the RECORD are as follows : l AmPndment offered by Mr. JoHxsox of Washington: Page 2, after On•rcE OF THE .ATTORXEY GF.'iERAL, line H insert three paragraphs as follows : TVaslt'ingto~t, D. a., December G, 1926. " To the chief justice of the Supreme Court of the Territory or Hon. ALBERT Jouxso:Y, Porto Rico, $10.500 per year, and to Pach of the associate justices House of Representatit:es, Wasl!ingtcm, D. 0. thereof the sum of $10,000 per year. MY DEAR CoxGiu~ss :\IAN: I have the honor to acknowledge the receipt " To the chief justice of the Supreme Court of the Territory of of your letter of the 3oth ultimo, in which you state that your attention Hawaii. $10,500 per year, and to each of the associate justices thereof / has been called to the fact that the bill (H. R. 11053) to fix the the SWll of $10,000 per year. salaries of certain judges of the United States makes no pro>i ion for " 'To each of the justices of the Circuit Court of the Territory of increasing the salaries of United States judges in the 'Territories of Hawaii the sum of $7,500 per year." Alaska, Hawaii, and Porto Rico, and request certain information respect· Mr. JOII.1. TSON of Washington. :Mr. Cllairman and gentle­ ing Territorial judges and judgeships. men, in my capacity as a member of the Committee on Terri­ In reply I inclose herewith a copy of a letter addre sed, under date tories the matter of the pay of the Federal judges in the Terri­ of June 10 last, to Hon. GEORGE S. GRAIIA~l, ch:1irman of the Hou .~e torieR, including Porto Rico, has been brought to my attention. Committee on the Judiciary, relative to the application of the prod­ I have felt that this is a fair and proper amendment to a bill sions of H. R. 7907 (for which H. R. 11053 was substituted) to district of this kind. I am informed, however, that the amendment in judges in the Territories of Hawaii, Porto Rico, and Ala ·ka. )Ir. the form in which I have it would be subject to a point of order, Gn.uu.M had expressed the opinion that the proposed legislation "conrs and therefore in::;tead of introducing tlle amendment directly, all district judges,'' and, upon consideration of the provisions of luw to run the risk of a point of order, although personally I am cited in my letter to him, I stated that 1 could see no rea ·on to disagree of the opinion that a point of order that the matter is not ger­ with his view in that regard. mane would not hold, I am placing it in the Co~GRESSIO~.AL There are, however, certain Territorial judges in IIawaii wbooiP RECORD for future reference. I have introduced the amend­ salaries are fixed and paid by the United States who apparently ar ments in the fo1·m of a bill-H. R. 11453-and hope to press not covered by the provisions of H. R. 11053. The~ e ure the clllef same before the committee at an early date. justice of the Supreme Court of Hawaii, whose salary is $7,:i00; I took up the matter of increased pay for the judges of these the associate justices of the Supreme Court of Hawaii. who!':e salaries Territories with the Attorney Gener-al, Mr. Sargent, a short arc $7,000 each; and the judges of the circuit courts of the Territory, while ago, and at that time I had in my mind the settlement of whose salaries are $6,000 each. the question that had arisen as to the payment of additional The provisions of II. R. 11053 do not include the ju ~:~ tlct>s of the salarie. · to the district judges in Ala. ~ka. I have the opinion of Supreme Court of Porto Rico, but the salaries of these officials arc not the Attorney General, addressed to me, ane the ordinat'Y jurisillctiQn of district courts of the United States tee covering the Territorial judges; ::;o tllltt out::;icle tlle point and that the distrit:t judges providC' d for Hawaii shall have and exer­ of ordel' this amendment ought not to be introduced into this cise in the Territory all the powers conferred by the laws of the United bill. States upon the judges o( district courts of the "Lnited States. 1926 CONGRESSIONAL RECORD-HOUSE 173 By the act of March 2, 1917, chapter 145, sect1on 41 {39 Stat. 965), I do not believe, nnder the ethics which are upheld by the dis· Porto Rico constitutes a judicial district to be called " the district of tinguisbed chairman of the Committee on the Judiciary, that Porto Rico," and the President, by and with the advice and consent should be tolerated longer. of the Senate, shall appoint one " district judge." The act further These ~ix judges of the Supreme Court of the District are provides: the trial judges in some· of the most important cases that can " The district court for said district shall be called ' the district come up in the Nation's Capital. The salary which we pro­ court of the United States for Porto Rico,' and • • • shall have -vide should be their total remuneration, and they should not jurisdiction of all cases cognizable in the district courts of the United be using their time on the outside in delivering lectures for pay States, and shall proceed in the same manner. In addition said dis­ in any university. Surely, among the two thousand and odd trict court shall have jurisdiction for the naturalization of aliens and lawyers wb,o liy-e in the District of Columbia and practice be­ Porto Ricans and all controversies where all of the parties on either fore the courts here, there could be found adequate talent to side of the controversy are citizens or subjects of the foreign state or deliver lectures before the uniy-ersities here. states, or citizens of a State, Territory, or Di' trict of the United States I submit this in all fairness. Of course, the gentleman from not domiciled 1n Porto Rico, wherein the ~~atter in dispute exceeds, Pennsylvania may make his point of order, but is it not wise to exclusive of interest and cost, the sum or nlue of $3,000, and of all let this kind of a provision go into the bill? I submit that to controversies in which there is a separable 'ntroversy involving such the chairman of the Judiciary Committee. jurisdictional amount and in which all of th p.arties on either side of ?tlr. GRAHAM. As the gentleman bas asked me the ques· such separable controversy are citizens or 1 jects of the character tion, I say it ls not This bill bas passed the Senate, and such afores.aid." an amendment would require the bill to be sent back to the The act further provides that the salaries o the judge and officials Senate and be opened up again. of the district court of the United States for Pt >;o Rico, together with Mr. BLANTON. Then that i§ the gentleman's only objection? the court expenses, shall be paid :from the Unitt States revenues "in 1\fr. GRAHAM. That is the chief objection. the same manner as in other United States district courts." 1\!r. BLANTON. If that is the chief objection, I will ask to -. Section 363 of the Compiled Statutes of the Territory of Alaska., withdraw my amendment now, and later I will ask that such a 1913, as amended, establishes a "district court for the District of provision in ~ special bill be considered by the gentleman's Alaska, with the jurisdiction of district courts of the United States committee. and with general jurisdiction in civil, criminal, equity, and admiralty Mr. Chairman, I ask to withdraw my amendment. causes," and provides for the appointment of four "district judges" The CHAIRMAN. Without objection, the amendment will be for the District of Alaska, at a salary of $7,500 each (41 Stat. 1203). withdrawn. Section 2 of the Judicial Code, as amended (40 Stat. 1156), provides There w~s no objection. that- The Clerk read as follows: " Each of the district judges, including the judges of Porto Rico, Hawail, and Alaska, exercising Federal jurjgdiction, sha.ll receive a SEC. 2. This act shall take efl'ect on the first day of the first month salary of $7,500 a year, to be paid by monthly installments." next following its approval. The act making appropriations for the Department of Justice and Mr. KVALE. Mr. Chairman, I move to stiike out the last the judiciary for the fiscal year 1927, under the subhead " Salaries word. I merely have this suggestion to make to the Members of judges," provides for the salaries of "127 district judges (including representing agricultural districts and especially the ones rep­ 2 in the Territory of Hawaii and 1 1n the Territory of Porto Rico)." resenting the agricultural districts of the Northwest, that you The district judges for the District of .Alaska are appropriated for vote against this bill in the interest of farm-relief legislation. in this act under the subhead " Territorial courts," as follows: "Four I believe the only way in which we can ever pass farm-relief judges, at $7,500 each." legislation in this House is to vo~ against increasing the "Cpon consideration of the provisions of law above referred to, I see salaries of any other class until the class which is now either no reason to disagree with your opinion that the bill H. R. 7907 covers bankrupt or on the verge of bankruptcy is given some relief. all district court judges. Tile farmers of the Nation have been compelled to live on Respectfully, .JOHN G. SARGENT, crumbs and the promises of the administration and this House Attortzey General. for five years. They will continue t9 live on those promises Mr. BLANTON. Mr. Chairman, I offer an amendment. until the Members of Congress have arrived at a point where The CHAIRMAN. The Clerk will report the amendment they will refuse to give any other class a raise in salary until offered by the gentleman from Texas. the farmers and the farmers' wives of the Nation have been The Clerk read as follows: given a substantial raise in their salaries. That is tile only way we shall ever be able to give them relief. Amendment offered by Mr. BL.U.~N: On page 2, llne 16, strike out Suppose we adopted the same method toward this class that the period, insert a colon, a.nd add the following proviso, to wit: has been in vogue in our dealings with the farmers all these u Provided, That no such recipient shall devote any of his time to years and appointed commissions to investigate the status of private remunerative employment." judges, and continue to investigate and promise and promise Mr. GRAHAM. Mr. Cbail:man, I make the point of order and investigate? If that were done I will say, my friends, that that that is not a germane amendment. you would soon have farm relief. And until you adopt that The CHAIRMAN. Does the gentleman from Texas want to method and refuse to go along on every other increase in be Ileard on the point of order? · salaries asked for you will never get anything for the farmers l\lr. BLANTON. Will not the gentleman from Pennsylvania of the country. [Applause.] withhold his point of order just for five minutes? Mr. DYER. Mr. Chairman, I rise in opposition to the amend­ 1\lr. GRAHAM. No; I think not. ment merely for the purpose of asking the privilege of insert· Mr. BLANTON. This is all the time I shall take on this bill. ing some information touching this l~oi.slation at this point in Mr. GRAHAM. We are trying to get through so as to give the RECORD. Members an opportunity to vote on the bill The CHAIRMAN. The gentleman from Missouri is recog. Mr. BLANTON. I only want to call the gentleman's atten­ nized for five minutes. tion to a matter of which be is not cognizant. It is with respect Mr. DYER. Mr. Chairman, I ask for the privilege of putting to just one item in this bill, and if be will withhold his point in the RFCOBD at this place a letter from Judge Faris, of the of order in order that I may make a short statement, I certainly United States district court at St. Louis, touching the necessity shall appreciate it. for this legislation, not wishing to take up the time of the House Mr. GRAHAM. Mr. Chairman, I will withhold the point of in reading it. order in order that the gentleman from Texas may make his The CHAIRl\l.AN. The gentleman from Missouri asks unani. statement. mous consent to extend his remarks in the RECORD. Is there Mr. BLANTON. Mr. Chairman and gentlemen: This bill, in objection? one paragraph, raises the salaries of the judges of the Supreme There was no objeetion. Court of the District of Columbia to $10,000 each. They rank The letter is as follows : with the Federal district judges in the States. There are six such judges here, and from evidence elicited before the subcom­ UNITED STATES DISTRICT COURT, mittee of which the gentleman from Vermont [Mr. GrnsoN] is EASTERN DISTRICT OF MISSOURI, chairman it was shown conclusively that some of these judges St. Louis, Februat·y n, 19!6. have been lecturing before universities here for certain stipu­ Hon. L. C. DYER1 lated salaries paid annually. They were assigned to such posi­ House of Representativu, Wa3htngton, D. 0. tions by the president of one of the universities here who then MY DEAR CoxonESSMAN : I acknowledge with thanks the receipt of a Ilappened to be the president of one of the street railway com­ copy of the report of hearings before the Committees of the Judiciary ot panies that bas important litigation before said court. Now, the House and of the Senate on a a 1907, the judicial salaries bill, 174 CONGRESSIOS .A.L RECORD-HOUSE DECE1IBER 9 as also your letter, in which you are good enough to request an expres- Pardon this somewhat lengthy letter, but the matter is so serious sion of my views on thi · bil las to the necessity of its enaction and its to me aud the reason why the bill should pass as written are sn sufficiency.- many that a long letter is necessary, even if on1y a few reasons are This matter has been for so long up for agitation and discu ·sion, to be discussed. so much ha been said by the very ablest men, so many editorials Sincerely, C. B. FAlliS. have been published in advocacy of it, and so many facts have been l\Ir. GRAH.d:U. :\Ir. Chairman, I moYe that the committee garnered by your committee that it is hardly possible to present a new do now rise and report the bill back to the House without argument in favor of the bill. Outside of Congress I have never heard amendment with the recommendation that the bill do pas~. or found any opposition to it or any question raised as to its necessity. The motion was agreed to. 'I'he bar everywhere is well-nigh if not entirely unanimou in urging Accordingly the committee rose; and the Speaker having re- its passage as it is written. - sumed the chair, ?llr. BEGG, Chairman of the Collllllittee of the Perhaps the outstanding argument is that it is high time to put the Whole House on the tate of the "Cnion, reported that the com­ Federal jud~es once for all on a decent and dignified W!lge ba is, in mittee. having had under consideration the bill ( S. 2858) to fix: partial record at lea.;;t with the alm·ies long paid to the English, Irish, the salaries of certain judges of the United States, had directed Scotch, and Australian judges and with the State judges in ~ew York, him to report the snme back to the Hou"e without amendmeut New Jersey, Illinois, Pennsylvania, Ohio, Michigan, and perhaps other with the recommendn.tion that the bill do l):lSS. States. ::\.lr. SXELL. :\Ir. Speaker. the previous que tion is ordered Even the full sums proposed by this bill are only about half the under the rule. alaries paid by other countries wilere the C()mmon law prevails and The bill was ordered to be read a third time and was ren(l are far less than the State judge · get in many of the States mt:'ntioned the third time. above. Bu~ peL·sonal!y I am content w~th the salaries fixed b~- tbi<'> bill; 1.'he SPEAKER. The que:-:tion is on the passage of the bill. tlJese sa lanes are fall', and not too fau. . The question wa. · taken : and on a division (demanded hy You g~ntlemen of Congress who are of the legal ~rofe: Ion can and 1\Ir. RrnEY and Mr. CAN --o~) there were-aye~ 295. noes 39. do. practice la~, and ~hose wh? are not lawyer.. continu: -I~ your other l\Ir. CAN~ OX. l1r. Speaker, I demand the yeas. and nar~- gnmful avocatwns without hllldrHnce and Without cnhc1sm. If we I The SPEAKER. The gentleman from :Missouri [Mr. CA~- judges should .do so, _we would be impeached for the former ~n.d_ ~rently KOX] demands the yeas and nays. As many as are in fa'\"or of embarr:l~Red, ~ not _Impeached, for th: lat.ter. I am not cnticlZlng or taking this vote by the yeas and nays will rise and stand until ~t all di~agreemg With the rule. I thmk It is wholesome, even though counted. [After counting.] Thirty-one Members ha'\"e rfr:en, mconvenJent...... not a sufficient number. ,_r h_app'efnito be acqtutamted w1fth a dibstt.tmgutslled Mtehmberi of Congrh·es~, So the bill wa pa. sed. wuo 1s, 1 may 6 a er myRe 1 . no e Pr 1awyer an am, w o IS ""r. RT-BEY N . l\I S aky ·1 t k f s:')- ooo t -J ooo f h' t· d · ....ur. ~..., · 0 quorum. r. pe er. snH todmn eh romh ~d-a, _ ~ · ~~' fa f..,e;~o~om t 18 prac Ie~ au ts :\Ir. CANXO~. I rai..;e the point of no quorum, l\Ir. Speaker. repor e 10 ave a a. smg e ee 0 .'- ' • ' y_: . no o~e as ever The SPE.dKER. The count of the Chair sho"W"ed there were ac :: u ed or can accu. e this man of neglectmg h~ · officml duties._ _ 334 gentlemen present, a quorum. If :rou gentlemf'n could bY a tatute grant me the lawful pnvtlege of t' f """' G t' t 'd th ote br : . . · 0 n mo 1on o mr. RAHAAI, a mo 1on o recons1 er e v .1 practlCmg law m even all courts except my own, you need not bother h' •h th b'll . d l 'd th t bl about increasing my official salary; you would be privileged to reduce w lC e 1 \\as passe was al on e a e. it. This uggestion is, of course, wholly ridiculous and unthinkable, MESSAGE FROM THE PRESIDE);T OF THE UNITED STATE but it illustrates the fallacy of the argument, said to exist in orne A message in writing from the President of the United quarters, that a district judge ought not to have a salary in excess of States was communicated to the House of Repre,:entatives by that paid to a Member of Congress. l\1r. Latta, one of his secretaries. who also announced that the In passing, it is of interest to note that this argument is not u. ed President had appro\ed a bill of the following number and title: in England, which is, the United States excepted, the greatest common- H. R. 11329. An act for the relief of certain countie in the law nation on earth. There a judge, roughly comparable to a Federal States of Oregon and Washington within who e boundal'ie!:i district judge, gets $20,000 a year, while a member of Parliament gets, the revested Oregon & California Railroad Co. grant lands are or at least late1y got, only 3.000 a year. At that even your present located. salaries are less than you gentlemen ought to get, the decadence of the E~ROLLED Bll..L SIGNED dollar's purchasing power regarded. When the wages paid labor in Mr. CAMPBELL, from the Committee on Enrolled Bills, England and the wages paid the jud<;es there are compared with the reported that the Committee had examined and found truly like wages here the situation seems pitiable, if not niggardly. enrolled bill of the following title : It is true we get the right to t•etire on full pay when we reach H. R. 8128. An act to punish counterfeiting, altering, or the age of 70, after having served at least 10 yeat·s; but only about one uttering of Government tran&-portation requests. out of a dozen ever reaches that age. ~lost of us die before we reach the age of 70 often having exhausted the savings of our years at TREASURY AND POST OFFICE .APPROPRI.A.TIO~ BILL the bar in an 'effort to eke out our inadequate salaries and save our­ Mr. MADDEN. Mr. Speaker, I move that the House resolve selvel'l from being adjudged bankrupts in our own courts. Then, at last. itself into the Committee of the Whole House on the State of when we die, we die penniless. I am not saying that it is the duty the Union for the fui·ther consideration of the bill (H. R. of Congress to provide a sa1ary so great as that a dead judge's family 14557) making appro11riations for the Treasury and Post Office shall be in effect pensioned; but I am saying that the salat·y should Departments for the fiscal year ending June 30, 1928, and for be such that the savings of all the years at the bar should not be other purposes. drawn on to exhaustion in order that the judge may live while he The motion was agreed to. works for the Government and thus at the end leave an indigent Accordingly the House resolYed itself into Committee of the family. Whole House on the State of the Union for the consideration I have in mind a man who in his day was one of the most dis­ of the bill H. R. 14557, with Mr. SNELL in the chair. tinguished men of his native State and who served fot· 17 years on The Clerk read the title of the bill. the Federal di:;trict bench. Wllen this man died his sole estate, if Mr. BYRNS. Mr. Chairman, I yield myself 25 minutel'l. the newspapers are to be credited, was his pay check for the month [Applause.] preceding his death. The thing which happened to this man is Mr. Chairman and gentlemen of the committee, the dis­ threatening all of us. These salaries must either be substantlal1y tinguished chairman of the Appropriations Committee, the geu­ increased or we must resign or accommodate ourselves to dying tleman from Illinois [:Mr. 1\IADDEN] has very full~· explained penniless. the more important details of both the Treasury and the Po t Some dozen years ago a district judge got $6,000 a year, and in my Office appropriation bill.o;; now pending before you, and it i · dit;trict the incumbent had only one-fourth as much work to do as not my intention to consume yoUl' time by a reference to eitlier each judge now does. Now, with the dollar worth only some 30 cents, one of those bills at this time, unle ·s some gentleman should we get, in comparison, only $2,250 a year and do four times as much ask for it. I propose to discus· for just a little while what work. Consider the bricklayer : A dozen years ago he got $4 a day may be called a kindred subject, but having nothing particularly and laid 2,500 bricks for it; now he gets $15 a day and only lays to do with those bills. 600 bricks for it. The Budget which was presented on yesterday, and which I What with fees, fines, and forfeitures, the courts cost the Govern­ have not had an opportunity to fully analyze, shows that the ment little it anything; for practically they carry themse1ves and total of the estimates of appropriations for 1928 amount to in some districts are even profitable. In the last fiscal year fines, fees, $4,014,571~124.60, and as the gentleman from Illinois, who i!:J and forfeitUl·es in my district alone were around $400,000. From the always exceedingly fair and frank in every statement that he Volstead Act alone the Government got some $225,000 in fines, fees, makes, told you on yesterday, there will come forward at least and forfeitures, which were collected in cash from cases in court in $20,000,000 more later on by way of an estimate for public this district. Roughly the profits to the Government from its courts buildings to be appropriated for, and which ordinarily would here were enough to pay the proposed increase fou.r times or more. be carried in the Treasury bill, but which will be carried in a 1926 OONGRESSION AL RECORD-HOUSE 175 deficiency bill. So, with the facts before us now we know that makes the appropriations for the following :fiscal year or 18 the total of the estimates of appropriations for 1928 amounts to months in advance of the time when the last of the money four billion, thirty-four million and some odd hundred thousand is expended. dollars as compared with total appropriations for 1927, the Under this recommendation of the President the departments present fiscal year, of $3,9!18,027,396.48. would be required to make their estimates three years in The expenditures as set forth in the Budget, the actual advance of the payment of the last money for the second year expenditures, for 1926, which include the Post Office, amount it is to be expended. to $4,244,807,674.58. The estimated expenditures for 1927 at There is an old saying that the legislature controls the Ex­ the present time are $4,348,701,593, whereas the estimates sub­ ecutive through the purse strings. Whenever Congress sur­ mitted on yesterday of expenditures for the fiscal year beginning renders the purse strings to the executive department, then upon July 1 next, or the fiscal year 1928, are $4,319,5-:19,214, it will abrogate practically all of its power. [Applause.] which you will observe is a few million dollars less than the Congress could never do anything to more surely surrender e timated expenditures for 1927. its power of government to the Executive than to surrender But in this connection I want to call your attention to to the executive department the absolute control of all the ex­ the fact that when the Budget was presented a year ago, giving penditures of the Government. Necessarily those who make the estimated expenditures for 1927, it was then stated that the estimates in order to be within· safe grounds would request the total expenditures for 1927 would amount to $4,221,143,548, for the second year enough money to meet all of their needs whereas it is now stated, a year later, that those expenditures during that year. Congress would have to draw on its imagi­ will amount to $4,348,000,000 and some odd, a difference of nation as to whether or not the money was needed. Naturally, $127,000,000. the result would be that Congress would fall into the habit So I say we can fairly assume, judging from the experience of making appropriations for the second year in accordance under this administration, and under every fiscal year of this with the estimates submitted. We know that the expenditures administration, that there will be an increase of the estimated increase and decrease from time to time and that market expenditures for 1928 and that they will actually exceed the fluctuations are inevitable. The result would be that at the , expenditures for 1927. end of the second year the Executive would have at his dis­ I have many times called attention to the fact that the posal a sum of money which the depru:tment could spend, , expenses of the National Government have increased each year whether economically expended or not, and Congress would of the present administration, and that is true, notwithstand­ have no power to check or restrain them. 1 ing the fact that every year there has been a reduction of I submit that in the past the executive departments have many millions of dollars in the interest on the public debt and shown an inclination to spend every dollar at their disposal, a decrease of the Civil War pension roll. and that is a sufficient reason why the recommendation of the But judging from newspaper editorials and expres ions rela­ President should not be adopted. [Applause.] I tive to the alleged economy of the present administration, the In addition to that, under the Buople :honld child or $375 per annum for every average family of five. Sta­ be given such permanent relief from their tax burdens as the tistid show that the national income is now approximately condition of the Treasury will justify. [Applause on Demo­ $70,000,000,000. Out of every $100 an ~merican e~rn~, ov~r $12 cratic side.] The large surplus which it is estimated will be ou must be paid to some government official-and ~his 1s priOr to hand at the close of the present fiscal year abundantly jnstifie.· every other obligation, even the support of family. Ther~ can the contention of those who sought a greater reduction in the be no question but that this is a great burden upon busmess revenue law which was enacted at the last session. According aud the individual consumer, for high cost of government to the estimates of the President submitted in his Budooet mes­ increases the cost of living. sage, the surplus at the close of this fiscal rear will be Stati ~tics show that there are approximately 640.000 per ons $3 3,000,000, but there are those 'lho with equal confidenc·c on the Federal pay roll, exclusive of the Army, Nl;lYY, marines, state that the surplus will more nearly approximate $500,000,- .and Coast Guard, which together have an authoriZed strength 000, basing their estimate upon the report of the Secretary under appropriation: for that purpose of over 258,000. ~he of the Treasury as to the increase in collection::~ during the fir~t .military and naval list of officers and men who have been retired part of the present year. I call attention to the fact that thi.-; amounts to 14,167. surplus is in addition to a little over $210.000,000, the usual The statistics further show that there are more than 1,000,000 amount that remains in the Treasury at the ·end of every fiscal employees of the various States and municipalities. To these rear for proper· conduct of the Government. .figures must be added the multiplied thousands of laborers and There are those who insist that this entire ._ urn should be other per ·ons employed in the building of roads and streets and added to the Jinking fund and the collections from foreign other public-work activities. A short time ago the National loans and applied to the retirement of the public debt. I think Industrial Conference Board estimated that there were 3,400,000 the more sound and certainly the fair view to take is that the Feople employed on some government pay roll and that the pay people of this day and generation, who for the benefit of tlli:-: roll amounted to $3,800,000.000. The number is much larger and succeeding generations have suffered the hard:hips and at thi · time, for, a I have pointed out, the cost of government carried the burden of heavy war taxes for so many year~, is annually increa ..:ing. There are approximately 42,000,000 should neither be expected nor required to pay off the entire peop1e in the United StateR who are engaged in some gainful public debt, but that some of it should very properly be left tu occupation. These fio-ures indicate that every 11 workers in the the next generation. United States are supporting one person on the government pay The sinking fund Lg cumulative, and this with the collections roll. '.rhe percentage is even greater than that. from foreign loans will very soon probably amount to one­ And the number of employees is constantly increasing due half of a billion dollars, and this will be a very substantial to increased a11propriations and the passage of new laws in the payment each year. It seems to me that the people should Xation and the ~·tates . It is Raid that there are now more not be required to continue to pay heavy war-time taxe to than 2.000.000 laws on the National, State, and municipal provide a large surplus in addition. This was evidently the statute· books. These new laws in m~ny instances provide for view of the Congress which provided for the original issuance new boards and commissions or other governmental agencies of public bonds, for otherwise it would have created a larger "With regulatory powers. These new ~gencies proceed to make sinking fund. regulations hating all the force of law for the purpose of cur­ As I understand it, this is the view of the Pre ·Went, for ing some real or fancied public or eYen private ill. This in­ he recently declared that he was in favor of collecting the tax crea ·es the number of employees and the co t of government and then refunding a certain per cent to those who paid it. and adds to the perplexities of the citizen who, on account of That proposal was not only not economical but it wa · un­ the paternalistic trend of gove1·nment, finds himself in a maze sound from the standpoint of proper administration. It would of doubt as to juf't how to lawfully conduct himself in busine ·s cost $250,000 to i sue the refund check , and the proposition and even in his more personal affairs. All this is tending to­ was so indefensible that few, if any, of the leader in hi owu ward building up a great bureaucracy contrary to all the funda- party indorsed it. It might be good politics from the stand­ mental principles of a republican form of government. . point of the administratiou, and possibly this view may have Some of this increased cost can be properly attributed to the been at least persuasive. I recall that when the 1924 refunJ increased activity in the building of good roads which are so was ordered by Congress the deficiency bill which carried the necessary to the prospeiity of the country. This activity will funds for that purpose failed on account of a Senate filibuster · not and should not cease until the ro~d program is completed. at the close of the session. This ordinarily would have car­ But I dare say that the States, in moE)t instances at least, have ried the refunding over until the December, 1924., ses ·ion, when reached a point where they are expending all that can be Congress would reassemble and provide the necessary fund:->. economically pent for thi purpose in any one year. It is, But so anxious was the administration to get these refunds therefore, unlikelx that increased appropriations will be needed in the hands of over 2,000,000 taxpayers just before the elec­ for this purpose. So this can afford no excuse for the con­ tion in November that funds set apart by Congress for au tinued and rapid riJ e of governmental expenditures. Kor does entirely different purpose were diverted and utilized ami the fact that everything was higher after the war offer a satis­ checks sent out in October, and in some close congre. sional factory explanation. We reached the peak of high prices districts the refund checks were sent out accompanied by u several years ago. nice little letter from the collector of the distrid stating that In so far as the Federal Government is concerned, there is the check was being sent by "order of the President," all, no present prospect of a material reduction in expenditures of course, at the e>..1>en.se of the people. Those taxpayer for it is just entering on an ambitious five-year program for who had actually paid into the Treasury more taxes than re· military and naval aviation and public buildings aggregating quired under the law and who had had their claims for over­ $335,000,000. This very fact makes it all the more important payment, in some cases as far back as 1917 and 1918, and who that the executive and legislative branches of government had ucceeded in securing a favorable ruling were required should 'CUt out every expenditure which is not absolutely essen­ to wait for their money, while this little play in politics wa:· tial. Congress should be slow in the future to pass laws creat­ made. These claimants, who as I say had e tablLhed their ing new agencies and activities and ~dding to the cost of gov­ claims after long delay in a sum aggregating, as I recall. ernment unless satisfied that the general welfare requires it. over $17,000,000 were told that they would have to wait until I think Congress is subject to criticism for the creation of Congress met in December and made an appropriation. But so many commissions, boards, and independent establishments they were never told that the money which would otherwise in the past. ~!any of them have done little more than provide have been on hand to pay them had been applied to a wholly a lot of good jobs for somebody at. the public expense. Aside different purpose with the object of getting Republican votes. - from numerous boards and commissions-some of them tem­ The Secretary of the Treasury and other Republican leaders porary, but most of· them more or less permanent-there are would reduce next year's taxes by allowing a credit when the 34 independent 'establishments responsible to no one and with tax is paid, leaving business and industry in an uncertain state an army of employees. Some of them ought to be abolished and as to what reduction will be made for the following year. · their duties, perhaps, consolidated with other existing agencies. The President in his annual message of ye terclay has finally Many of them could be put under some one of the 10 executive recommended this plan. This would not be a very stable and departments, thus cutting out the necessity of so many em­ wholesome situation for business, to say the least. ployees and the heavy overhead in high salaried supervisory The Republican leaders seem to be a unit in the idea there officials, many of· them purely political. All of them should be should be no permanent tax reduction considered until the made more responsive to the demands of economy. first session of the next Congress. And we may be sure that This is not a partisan question, Mr. Chairman. The reduc­ in arriving at this conclusion they did not overlook the fact tion of public expenditures with the consequent lowering of that this will be just before the presidential election in 1928. taxes should not be considered from the standpoint of politics. I protest against this continued effort to make the taxing power It is a matter in which every i!ldivi.d~ is interested, and even the football of politics. [Applause O!l the Democratic side.] 1926 CONGR.ESSION AL R.ECOR.D-HOUSE 177 It is perfectly clear that both of these propositions w.ould In 1927 a vigorous effort is threatened looking to the repeal of only benefit the wealthy individual and the giant corporatiOns. primary laws in many States. Threats from political conven­ The refund or credit of 10 or 12 per cent would be of no prac­ tions, from men who manage such conventions, from State tical or real benefit to the small taxpayer and absolutely none legislatures, and other sources are to that effec-t. The effort to the consumer, who, after all, pays the tax. The tax for does not offer any claimed service to the public through con­ this year and to be paid nfxt year ~as alre_ady been as~essed vention nominations beyond promised increase in party cont!'_ol against the consumer and collected m the mcreased pnce of and party regularity under the direction of self-appointed pa1·ty what the consumer buys, and under this plan it is solemnly leaders. proposed to let the big taxpayer retain this ~urn which h~s An argument heretofore offered by such opponents of the been collected under the guise of taxes rather than turn 1t primary bas been that primaries a1·e not representative of over to the Government. the people because poorly attended, and recently an additional The D.'epublican Party is running tt·ue to form. To my mind argument is found in disclosures of extravagant, scandalous there could be no clearer evidence of the fact that the party in -expenditures by various agencies in behalf of candidates before power is interested in the large taxpayer rather than the mil­ the 1926 primaries. Without seeking to prejudge issues or lions of rmall taxpayers, the great body of consumers who are meu, or to criticize candidates who may have been beneficiaries paying the tax. from such expenditures, I desire briefly to disc'USS specific cases Why should the people be required to wait a whole :year where such expenditures have occurred in order to emphasize before being given permanent relief by way of tax reductiOn? that the fault lies not with the primary law but is caused by If relief i. to be given, why not give it now? Tile last revenue absence of any effective corrupt practices law. In any event, law reduced the income tax but increased the corporation I submit that publicity ~n primary scandals is no worse than income tax, which results in a particular hardship and dis­ secrecy in notorious caucus convention scandals. crimination against the small corporations and their thousands Everyone who loves this great Republic of ours welcomes of small stockholders. the words of warning from Pershing, and every American The tobacco grower is ~uffering as keenly as any other farmer citizen, whether an alleged 99 per center or a self-satisfied 101 on account of the depre.ssion in agriculture. There is a tax of per center, hopes for the success of America's adventure in the 18 cents per pound on tobacco in the leaf, which, while paid by field of representati'le government. Monarchies have come and the manufacturer, inevitably kicks back on the producer. Why gone since our country pointed the way of constitutional pro­ should not both of these taxe · be reduced now instead of wait­ cedure in 1789, until after less than a century and a half in ing a year to do it? Why not repeal all or a part of the war the world's history only a small handful of such go\ernments nuisance taxes, leaving in the Treasury at the close of the fiscal remain, and the average ruler's power is often less, proportion­ year only a sufficient amount as surplus to satisfy any possible ately, than the President exercises in our own Government. contingencies that may arise, like that of farm relief, the most 1\fussolini, Pilsudsky, and a few imitators occupy the center of important and pressing problem with which Congress must the dictator stage to-day, with a few would-be dictators in our deal? own Go\ernment, who ha\e been so accustomed to unques­ Such action would afford real and permanent relief to all the tioned control in the business field that they reach out with the people rather than a few. It would relieve business from any same confidence to control the political affairs of this country. doubt and uncertainty as to the burden it must carry. DICTATORSHIPS AND DEMOCRACIES It is ridiculous to say that it can not be done at this session. In Germany, France, England, .Austria, and in the lands of the One of the many advantages of the income tax is that it is an czars royalty's hol

No conclusions are sought from the closeness of the primary ~ttempts .to weaken or destroy were appro\ed by men .':ligh and general election totals in these 12 States beyond the fact m authonty and I quote from one whose name is familiar that it demonstrates in real primary contests the people do and whose views are summed up in an introductory sentence participate. of his article appearing in the October number of the Con­ In the primary contests it will be noted the total nominating gressional Digest wherein he says: vote frequently was nearly equal to that cast in the final elec­ Personally, I believe the primary systt'ln should be largPl,y abolLhed. tion and sometimes larger. Senatorial-contest figures are • • • selected where available, because they afford better opportunity After making some examination into statistics gathered from dif­ for comparison where such candidates were selected in the ferent localities, I should say that in the primary contE>s ts preceding 1926 election. It must also be remembered that the Senator from elections in nonpresidential years • • • North, Sonth, East, and Arkansas, Iowa, Wisconsin, or Pennsylvania rarely legislates West, an estimate of 25 per cent of the qualified vote is c a~ t is separately for his own State, but for all the States, and to that excessive. extent he represents every State and all the people are affected by the primaries and elections in every State. So says the second highest Government official. IN MASSACHUSETTS AND NEW YORK This estimate of 25 per cent "in nonpresidential year " com­ Massachusetts with its senatorial primary vote of 320,919 is ing from a distinguished economist, and a high Government not included in tile table, because neither the Republican nor official, even if measurably true, would be 80 per cent more than Democratic candidate had any serious opposition or contest in the small handful of men who ran the caucuses and conven­ the primary, but it is noteworthy that in a State which gave tions under the old bo. s sy tern. But his statement i not over 400,000 plurality to the Massachusetts Republican candi­ approximately correct, based on the primary figures quoted in date for President in 1924 that a senatorial candidate to suc­ 1926, an off year. Nor can any primary vote be compared with ceed himself was rejected in 1D26 by the same constituency. the total potential vote, because rarely does the vote at ueneral Though indorsed by the President, the nominee at the election elections greatly exceed 50 per cent of the potential vot~. • was not supported by many of his political associates. The When studying election statistics remembet• that the nine­ election laws permit that amount of free expression by the teenth ~mendment to the Constitution, granting eqnal suffrage, voter. I am discussing results and not the reason therefor. was ratified August 26, 1920, and that 50 per cent of the present Convention nominations frequently do not-control the party \Oting population thereby added to the totals of August, 1920, vote in the ensuing election, for in New York State this year a have had only six years or less prior to the 1926 primaries and Republican senatorial convention nominee was rejected by the elections in which to familiarize themselves with issues candi- Empire State, that in 1920 gave 1,086,755 plurality to President dates, and election procedure. ' Harding and in 1D24 gave 869,262 plurality to President Coolidge. Although it is cynically alleged that a few new electors would In 1926 the Republican Senator from New York was defeated exchange their franchise privileges for a powder puff it i a for reelection by his opponent, and a State overwhelmingly fact that the progress in understanding made by the women of Republican on presidential candidates now returns two Demo­ the country of public measures and of men and al o their par­ cratic Senators instead of two Republican senatorial convention ticipation in primaries and elections puts to shame men who for nominees to represent a great State in the highest legislative O\er a century and a qua1'ter ha\e held that boasted :priyilege. body in tile world. Convention nominations apparently did not THE CAUSE FOR LIGHT VOTING invite the support of New York electors, as evidenced by this Fish, loaf, golf, and guff comprehend excu es from many anomaly in polities. Local issues undoubtedly influenced both nonvoters who yet are first to complain of election results results, but local issues when they affect the availability of while sickness, storms, absence, no contests, disfranchisement' candidates ru·e frequently brought about by efforts of political disgust with slush-fund politics, and dishonest election return~ agencies that chose the candidate to be voted for, whether are also responsible for the size of the vote criticized North selected at a convention or at a primary. South, East, and West. ~ithout any national issues, it i~ New York by a primary amendment retains its caucus-conven­ remarkable that the 1{)26 pnmary vote was about 90 per cent tion system for state-wide nominations wherein a few "dele­ or more on the average of the general election vote, and that gates" in both parties relieve the people of the IDmpire State in an offyear, both votes were so large in the States named. from selecting their own candidates for the Senate. This, how­ A return to the old con"Yention is wanted, according to Vice ever, has resulted in two Democratic Senators from the Repub­ President Dawes, who speaks from out his Illinois experience lican Empire State and carries its own lesson to those who in favor of the caucus and convention system. demand the convention system of nominations. The modern senatol'ial reformer, of ability and per ·onally likable qualities, having failed to de troy the ancient custom OVER 20 PERSONS VOTE IN TRE PEOPLE'S PRIMARU:S TO EYEBY 1 WHO of parliamentru·y consideration by the Senate, has lowered his VOTED IN THE OLD-TIME CAUCUSES lance to compel a· repeal of the direct primary in State. that Based on the table of States above submitted, the vote have adopted the law, and to this end he now speaks loud and cast at the primary compared with participants under the old often, a privilege to which without doubt he is clearl v entitled boss-controlled caucuses and conventions furnishes a proportion but one in which his judgment may be warped by m1~oundings. of probably more than 20 electors in the primary compared to GOYER:SME~T BY THE PEOPLE OR BOSSES, THE ISSUE every 1 who participated in the antiquated caucus-convention sy tem. The primaries succeeded a system where trading of Is the primary sy tern an improvement over the caucu ~ con­ delegates, swapping among candidates, free transportation, slush vention system? That should be the test before seeking flaw funds, jamborees for inspiration, and other influences were often in and the repeal of a system that has given to the people many present to insure selection of "safe" candidates and where the good laws. The right of franchise can not be taken away from political dictating machine behind closed doors drafted resolu­ the American people, because it is vested in them by the Con­ tions and then pulled strings that set the wheels in motion, stitution, while the Australian ballot adopted in comparati"lely including canned enthusiasm developed on such occasions. r~cent ;,oears, by its protection to the voter to vote secretly, ha In 1903, after experience in se\eral State and county conven­ given a powerful political weapon to every citizen. Formerly tions, one of the first effecti\e state-wide primary bills enacted the old vest-pocket ballot was handed out by bosses, who among the States I helped prepare, and also helped secure its demanded a party vote from top to bottom on those candidates passage as a member of my State legislature at the same ses­ whom they had placed on the ballot through the convention sion. No Northern State had attempted to enact any com­ system. pulsory state-wide primary law, to my knowledge, before that If powerful interests again can secme candidates friendly time. Since that year a large majority of the States have to their purposes from both leading political parties through adopted and retain some effectit"e form of direct primary for a return to the convention sy tern, then the voter again will nomination of candidates, at which primary, men and women ha\e no choice, because candidates on both tickets will be elector pick their own candidates instead of delegating that selected in advance by the same influences that were all power to political bo es through caucuses and conventions as in powerful in the past. Illinois presented such an attempt in former years. Any law depending on human administration the recent primary. The great State of Illinois has been a political battle will be f~und iJ;nperfect to meet e\ery emergency, but the prim­ ary law 1s designed for tile people, while t11e c611vention was ground for many years. Many primary laws ha\e been before long demonstrated to be subject to political-boss control. the Illinois Legislature for enactment, and it is notable that after earnest efforts to give the Illinois voter a right to ex­ CONST~T EFFGRTS TO l!EPEAL Pl!IMARY press his preference of nominees through a state-wide prima1-v Strenuous attempts have been made by political bosses or the State legislature and the people find the law last enacted leaders to get back their mantle of political and economic au­ again declared invalid by an Illinois State circuit judge. tholity so that in 1925 strong efforts, designed to weaken or The case now goes to the Illinois Supreme Court that has destroy the right of direct nominations, occurred in 1D States. already nullified three primary laws enacted by the CONGRESSIOXAL RECORD-HOUSE 179

Illinois Legi~lature. Incidentally, the effect of such a deci­ Referring to such political power, it will be remembered that sion by the Illinois Supreme Court \Till invalidate 151 indict­ a group from the national con\ention of 1924 asked Mr. ments or is it over 200 indictments, ah·eady found against DA WEB to be Yice President after the invitation hacl been electi ~ n officials, that have been returned by an Illinois grand tendered to .Senator BoRAH, Go\ernor Lowden, of lllinoi:::, ami jury. That is a shining example of "judge-made laws." others, according to the press. Only a convention system could ~o criticism again t such court decisions or wholesale slush­ grant such power over the high offices there to be named. fund corruption comes from the people's primary's distinguished Equally significant is the fact that the only protection the peo­ opponent over this situation, yet corrupt control of elections ple of Illinois, Pennsylvania, and other no-limit States have was responsible for the revolution in sentiment wh!ch brought against ~lush funds is found in the emasculated power of Con­ f01·th the direct primary, and the primary seeks to prevent gress to pass upon the qualifications of its·own membership.

a return of such corruption. GENEBOUS GIVIXG TO OPPOSITlO~ CA~DIDATES I repeat what another general recently said from a Chicago platform: Returning to the subject of primary expenditures, illinois has no law limiting expenditures, so if a public-utility magnate If the time ever comes when public offices can be virtually bought wished to give even a million dollars to the Republican candi­ and sold, then the downfall of the Republic is not far off. date and a like amount to his Democratic opponent in the same General Pershing's patriotic utterance will appeal to the primary, it would be no one's business-in Illinois-nor would average citizen whom General Dawes would bar from a dil·ect­ its court be called upon to act in the matter. If no.Iaw to pun­ primary voice in the nomination of candidates. ish crime was in force in that State, then gangsters would feaL· ('.NLIMITED EXPENDITURES P ER;\HTTED AT ILLLSOIS PRIMARIES no law. Absence of law as to campaign funds is found in a great State that produced Lincoln, Douglas, Grant, and many In the illinois primary of 1926 a million dollars or more other noted Americans and whose people unquestionably ru·e as was reported to have been spent in the campaign for senatorial law abiding as other people. Protection against corrupt ex­ candidate·. The Senate investigating committee testimony dis­ penditures can be had only by law and its enforcement. That closed that one man at the head of puhlic utilities in that State is the remedy in Illinois and in every State. ga\e $125,000 or more to secure the n-omination of one of the Once upon a time a man originally from the backwoods of candidates. illinois was called upon by his countrymen to dedicate a great In order to ha\e an anchor to \"\indward, the testimony also field then recently drenched with human blood. Contrary to his show.::. Mr. Insull ga\e generously to the campaign of the Demo­ prediction there made as to the futility of words, the world will cratic candidate for the Senate. Under an old and familiar rule long remember the words he spoke, for none are more familiar once adyocated by Jay Gould tllis is the only safe pi-actice to or treasured by e\ery American than the great President's pur;.-; ue in conventions to insure a friend in court whichev-er side peroration : wins. Its advent in the prilnary is an effort to return to old­ time convention methods. That this Nation under GAssociated Press dispatch, but cal conventions, but is broken or badly bent by the people's open alleged to have been paid by New York parties. Illegal ex­ primary, wherein the people name their own candidates to rep­ penditures were also an issue in the Maine senatorial election. resent their interests. Both the Democratic and Republican conventions in Maine re­ OPINIO~S FROM DIFFEEE...~T OFFICIALS ON THE PEOPLFYS PIUMARY VERSUS cently passed resolutions asking that the primary law in that CORRUPT CAUCUS CO~VENTIO:YS State be repealed. If both resolutions were inspired by the The Congressional Digest in its October number has collated same political and financial interests that caused Mr. Insull to laws and opinions on the primary, pro and con, from men whose give to both opposing candidates, then Illinois public utilities present or past experience in public service entitles them to con­ have no patent on slush-fund politics that now reach even be­ sideration. With these articles is also included one in which yond our borders to Canada. The facts in the Maine case are were voiced my views before recent slush-fund scandals were now being probed and charges await verification. exposed by Senate committees.· All of these articles taken Without determining its application what can be more sound from various sources each in its own way expresses the views than Governor Brewster's statement in the Maine campaign: and reasoning of men who have been interested in progressive 1926 CONGRESS! ON ~~L RECORD-HOUSE 181 legislation, State ancl national. Tho~e who would make a l CHARLES E. HUGHES IS A PRIMARY C1IAiUPIO:-l more complete study of the subject of direct primaries mil also Charles E. Hughes, former Governor, Supreme Court 1ustlee. and find many articles and speeches on the primary by Senator La Secretary of State, was the father of the primary law in New York Follette when Goyernor of Wisconsin. State. In a speech before the National Municipal League convention He was a pioneer in primary legislation, and in his an­ at Inilianapolls he cited the following advantages of the direct primary: nounced desire to bring government back to the people, he put " First. It places a weapon in the hands of the party voter whlch forth unanswerable arguments against the boss-ruled conven­ they can use with effect in case of need. They are no longer helpless. tion S\stem. That the direct primary is open to needed amend­ This fact puts party leaders on their best behavior. It is a safeguard ments· in different States is beyond question, but responsibility to the astute and unselfish leader who is endeavoring to maintain good for such amendments rests with the State and not with the standards in line with sound public sentiment. It favors a disposition system. Like the American Constitution that uprooted and not to create situations which are likely to challenge a test. def-ltroyed the theory of any diYine right of kings, dictators, " Second. The fact of this control gives the voter a consciousness czarR, or other political potentates, the direct primary seeks to of power and responsibility. If things do not go right they know place actual government under the control of the people who that the trouble lies with them. The importance of this assurance form that government. Amendments to meet changing condi­ should not lJe overlooked in any discussion of the apathy of the tions will always be necessary in both cases. Neither should be electorate." destroyed because of imperfections, for both protect the people The statement that tb(> primary system lends to a greater ille­ affording a direct influence over their own affairs. gitimate use of money and more of it, is not supported by the facts. Herewith are offered opinions of Senators, governors, and In one presidential campaign one convention candidate spent more other.· collected and printed by the October C()ngressional than $1,000,000 in a preconvention canvass. Digest Magazine : In the 1922 Iowa primary Colonel Brookhart conducted his highly successful campaign for the senatorial nomination at an expense ol DIRECT PRI.MAIUES VERSUS CO:XVEKTIONS $4G3. (Hon. ARTHUR C.APPEJRJ United States Senator, Kansas, Republican) Under the old convention system large sums changed bands aud Something like a clamor for repeal of the direct primary is arising privileges costly to the people were bartered a way ; conventions wet·e fi·om " old guard " members of both political parties. They don't like packed and nominations bought. In primary contests most of the the way the people are using their political freedom. money is spent for postage and printing, for conveying information Twenty years is a long time for a people to remember what hap­ about candidates and issues. pened to it two decades ago. Many things have happened in the Those who oppose the primary system virtually say the American meantime. As their memories of the brave days of privilege grow people are not qualified for self-rule. Instead of abolishing the pii­ dim, the people lose the vivid picture of their political serfdom in the mary it should be extended. I hope to see the day when nominations nineties and early nineteen bunnreds, and the opponents of the direct for President will be by popular primary. When that day comes primnry with its straight-out accountability to the people (instead of we shall be getting on toward a really popular Government. The to bosses) talk louder against it. people should have more to say, not less to say, in their Governmrnt. ·• '.rhem were the days," indeed, the days when crooked caucuses and One of the first steps in extending 'the primary should be the boss-ridden conventions packed with railway passes for "self and selection of national committeemen by popular vote, that would give family," and liberally financed by favor-seeking interests, culminated the rank and file of the parties a voice. They have none now. in 10 years of muckraking exposure of widespread political malfeasance The primary system will be improved and extended. But the improv­ without parallel in our history. ing and extending should be done by its staunchest friends. (Con­ It is easy to imagine how convenient the old caucus-packed conven­ gressional Digest Magazine, October.) tion would have been these last few years for tax-shifting purposes. One of its first acts undoubtedly would be to pass "ringing resolutions " (Hon. GEORGE W. NOBRISJ United States Senator, Nebraska, Republican, in favor of a sales tax on the necessities of life. With that in both chairman of the Judiciary Committee) pady platforms the ~ople could whistle and vote as they pleased. We would soon again be ruled by an invisible government bent on In a free government founded upon the consent of the governed, on the theory that the people are Stl..ffi.ciently intelligent to be given the makiug the public interest secondary wherever it con1licted with a pri­ right of self-government, no man, in my judgment, can successfully deny vate interest. And this time it might be much more difficult to dis­ the right of the people to nominate cannidates unless nt the same time lodge that invisiLle ruler, privilege. So, all things considered, it is not surprising that hostility to the he is consistent and denies the right of the people to vote at general elections. A primary is nothing but an election. It is jn t as impor­ primary system grows somewhat more vociferous. Besides a big noise sufficiently prolonged can be made to sound like popular sentiment to tant as, and nine times out of ten it is more important than, the elec­ tho e who like to keep their ideas in style. The power of propaganda tion which follows. Give to me or to anyone else or to any machine or any body of men the right and power to nominate candidates fol' was disco.vered before the World War. office, and they will not turn their finger over to decide as to who shall THE PRIMARY MORE IMPORTANT THAN THE ELECTION be chosen at the general election. The history of the country is full If the people are not to have a voice in the nomination of their of such examples. candidates for office, why should they have a voice in their election? Abolif:' h the right of the people to name their candidates, and the If popular elections are to stand, nominations by primary must stand. effect will be the abo:iition of the right of people to elect their public Four times in every five the prlmary is more important than the elec­ officials. The men who want to take a"ay from the people the right to tioJi. For many States a minority party candidate has no chance nominate their candidates do it on the theory that the people a.re not whatenr. The nominees of the majority party are assured o:f election. sufficiently intelligent to select their officials. The same argument, with If the primary is eliminated so the voter has no choice in the selection the same weight and the same logic, applies to the general election. So of his party's nominees, he has no voice in the election. often it turns out that the election is nothing in the world but a choice The people should be warned that if men are sent to the legislature between two evils. The maehinery that has controlled the nominations whose support of the primary is ln doubt, the old system will be has indirectly but effectively controlled the election. revived and history will again repeat itself, with something added for A people who are ignorant, who are too unintelligent to nominate interest. This work is going forward. A number of States have their candidates for office, are not entitled to vote at elections, are not crippled the primary law.; several State legislatures have "improved" entitled to self-government, and ought to be liYing under a monarchical it to death. In other States political organizations in drummed-up form of government: If I believed that our people were not sufficiently conventions have repudi:lted the primAry. intelligent to nominate their candidates for office, I would advocate the I would not be understood as entering sweeping condemnation against establishment of a monal'chy ln America-! would be consistent, a-t all persons who oppose the direct primary. It bas opponents in high least-and if I were not able to get a monaechy I :vould surrender places as well as in the common walks of lite, whom I respect but my citizenship in the United States of America and go to some country whom I believe to be honestly mistaken. :Nor do I sny the direct where there is a monarchy if I liked a monarchy better. primary system is itself without faults and in need of improvement, From the very beginning of civilization there bas been a conte:-.t also of extensions. Pro~rly guarded, I would make possible the nomi­ between tho e who wanted to go forward and those who were pulling nation of presidential candidates by direct vote of the people. back. There has been a continual conflict in the history of every But under no consideration would I exchange a system whereby government which has ever been founded between those who wanted th3 every voter speaks direct for any other by which a few persons have power given to a few chosen people and those who wanted to give it the power 'to speak for the majority, and will, of course, speak to suit to all the people. themselves. I think it is conceded that a people may be so unintelligent and We have under the controlled caucus and convention a government lacking in education to such an extent that they are not competent of all the people by professional politicians, financed by special interests to vote in either a general election or in a primary or to participate which they necessarily serve. There must be financing so~where in in the selection of men who shall govern them. To my miud, whenever the machine system, and the donors of campaign funds, and particu­ we attempt in America to take away from tbe people any of the larly lobby funds, are necessarily first served. power they now possess, either in voting at general elections or in 182 CONGRESSIO~AL RECORD-HOUSE DEOE1\ffiER 9

primari~s, we are in efrect saying that the American people are not The remedy is not to destroy the most po\\eriul means yet devised sufficiently intelligent to gsati.­ the convention system. The men who debauchE>d the primary in Penn­ faction and a general .feeling tbat the conventions were in many cases sylvania are the men \\h{) .now ask that it be abolished because thE>y controlled by or closely allied witll greedy and r;elfish industrial inter­ succeeded in debauching it. That is like :1. murderer a.skJng that the est<>, and that. the convention system was admirably adapted to manage­ law against murder be abolished because he has kUled a man. ment by the " invisible government " of the industrial-political mag- 1926 CONGRESSIOXAL RECORD- HOUSE. 183 nates. Numerous instance:-; in which the public will was defied, cases bnt it provides a way of approving or r t> jecti11g- selections or of intro­ of bribery and corruption of delegates, prolonged deadlocks, bitter ducing new ones. The rank and file of the voters unquestionably act factional struggles, bargai11ing and trading of offices for the support more readily and effectively through the direct nominating system, and of delegates-all contrilmted to the general conclusion that the conven­ the effectiveness of popular control is thereby increased. If the pnrty tion was too remote from the general party, and that its results did organization fairly represents party sentiment, it wm win whether the not fairly represent the judgmeJJt of the rank and file of the party. 11' nominations are made directly or indirectly; but in case of serious con­ the primary is to be effcctiYely supervised by the State, whether it Is flict the direct vote seems to gi>e a better opportunity for popular suc­ held for the purpose of making direct nominations or of selecting cess than the delegate method. delegates to com·ention , the pnblie expense will be about the same in The return to the convention system would not help the political either case. The rental of polling plact>s, payment of election officials, party. On the contrary, it would probably injure the party by causing the printing of ballots, the canvass of voters are as expensive in one still further loss of public confidence in its organization and method>'. system as in the other. If all direct primary laws were repealed, and The parties have already suffered heavily in public confidence and ean the regulated delegate system retained, the lJnblic expense would not ill afford additional lo. 'es. Wise and far-seeing leaders would move be materially reduced. forward rather than backward. They would endeavor to attract public Furthermore, as practical experience shows, if there is a real con­ interest and support by improvements in methods of transacting party te t for nomination, the expense to the candidates who are campaign­ affairs. Men and women are beginning to discover that they can ing will be about a great under the delegate system as under the influence governmental action without the agency of parties. The direct primary system. If there is no contest, there will be no expense, labor unions, the farmers' organizations, the associations of commt>rce, whetller the primary is direct or indirect. If there ls a contest, the vocational and pr·ofes;:;ional groups of all kind,;:, are tending to pass expenditures will not vary greatly under the different systems. the party by. Party managet·s might well attempt to ;ecure the svm­ CONVENTION DELEGATES OFTE~ BOUGHT AND SOLD pathy and interest of the e voters instead of closing the door of p~rty 'Ihere is much insincerity in the popular discussion of campaign activity to them and making their l:'ffective participation in party coun­ funtls but there is little evidence to indicate and none adequate to sel still more difficult. (Congres:oional Dige t Magazine, October.) demo~strate that the use· of wealth in direct primaries is more effective Mr. Merriam on December 5 defended the primary in a debate than in the election of delegates and tlle control of conventions. The at Chi(·ago wherein Robert A.. 'l'aft, son of Chief Justice rraft real question is not whether the nominal campaign expenditures are and Speaker of the Ohio Legi.::;latuTe, held the opposite view. larger in one system than the other, but whether plutocratic tendencies A notire of the meeting said : control more easily under one system than another. On the wbole, the elaborate mechanism of delegates and conventions is more easily man­ The question is of vital interest in Illinois because of the exposure of enormous sums spent in the St>natorial primary last spring and the aged by special intere ts than in the primary. It can not be forgotten that the conventions have often been controlled by small groups of fact that some down-State judgPs have declared the Illinois direct pii­ men representing wealth and privilege, who have bought and sold dele­ mary law unconstitutional. .An amendment to the constitution, if nec­ gates like so many cattle, either by direct cash payment or by indirect er;;r;;ary, or a change of judges if unnecessary, and a law limiling cam­ paign expenditures in Illinois are remedies worth discussing in such a but material inducements. It is true that voters may be bought and solu in direct primaries, and sometimes are, but they may also be debate. bought uncl sold in electing delegates ; and in addition to that. the dele­ I quote in conclusion the views of anothet· also published in gates may be bought and sold. the October Congressional Digest Magazine, with which views, In many instances tlle primary vote is unquestionably small, although on examination, I find my elf in ·ub tantial agreement: on the whole far exceeding that under the delegate plan. But to con­ (.JAMES A. FREAR, United States Representative, Wisconsin, Republican) demn the direct vote because all of the party do not participate in it Is like condemning universal suffrage because all who are eligible do .A proposition is urged throughout the country to-d:ty to repeal not vote. In 19~0 orne 54 per cent of the adult citizens of the United the dirPct primary election law. In one State recently botu con­ Hta !.I.'s did not exer·cise the suffrage in a contest over the most im­ ventionl:l, Republican and Democratic, repudiated the nrimnry, and portnnt elective office in the world-the choice of the President of the sought to have it repealed in that State, showing that the same force nited States. Hence ;JO per cent of the party vote might be consid­ is behind the repeal movement, no matter whether H be in Rt>publicnn ered a fair proportion of the party elector·ate. And such a vote, or a or Democratic conventions. It is acting effectively and witho:n con­ larger percentage, is usually polled in an important election. In fact, cealment. The power that seeks control is far moL·e important than if we consider that many who vote in the party ticket do not reckon all the railroad interests that have controlled political conventions and themselves as partisans and will not openly affiliate with any party, the legislative bodies in the past, because this power uow owns the rail­ percentage of those voting to the available party vote is materially roads and owns the banks. It owns a large part of the press, ancl greater. The frequent failure of the voter to exercise his hurd-won owns many magazines that used to do muckraking and exposure of franchise is one of the surprises and disappointments of modern democ­ corruption. That power will again be in full control of legi:o:lath·e racy upon which all obser•ers have gravely commented, but in view of bodies when we repeal the primary and transfer all political control, the newness of the vote nnd the recent rise of universal and com­ which it will easily have through the caucus-convention system. It pulsory education it need occasion no surprise. The tendency is for is a matter of public knowledge under the old caucus and <·on,·ention the vote to increase steadily as men and women become accustomed to system that the same political influences frequently nominated both the common burdens of their common life, assumed with the adoption Democrat and Republican candidates. It is a biparti:'luu control under of self-governing forms of political organization. • • • the old caucus-convention system, it it can be put in force. I l>elieve WOM-\.N'S IXTEREST I~ THE PRIM.:\IlY in the right of the people to express themselves 1n voluntary lJodit>!;!, The direct primary is of special importance to women voters for a if they choo~e, indicating their preferences, but the selection <>f candi­ very definite reason. In conventions the number of women delegates is dates should not be taken away from the people nor should lh·~ uirt>ct­ very small, perhaps 5 or 10 per cent of the total number. In the pri­ primary system of nominations be weakened. In the State of Indiana maries, however, the percentage of woman's vofe is much higher­ in 1924, 390,000 votes were cast in a primary election for candidates of perhaps 40 per cent of the total vote. It will be some time before one political party. That is twice as many votes as were cast in all the women are as fully represented in legislatures or conventions as are States in the Union in caucuses and conventions under the old cnucus­ men. l•'or the present their influence may be much more effectively convention method. exerted under the direct primary system than under the delegate sys­ RPpresentative government, Federal and State, is regulated by consti­ tem. Curiously enough, it is proposed that jnst as women at·e given the tutionRI provhions as to electors and terms of office. No met hod of right to vote, the system under which they might most effectively act securing nominations, however, is proviued in the fundamental law, and shall be changed to one under which their influence will be less power­ individuals without party affiliation or candidates of parties are ful. It is not surprising that alert leaders of women are found against equally eligible to nomination and election, subject to statutory pro­ the repeal of the direct primary laws in the States. VISions. No sacred Light attaclles to caucuses or conventions or to the The significance and value of party leadership must not be ignored, primary system as such, and men of high attainments and unimpeach­ but the lack of it can by no means be attTibuted to the direct primary able honor have been chosen under both systems. sy t ern. When lt 1s said thnt the direct primary stands in the way of more DIRECT PRIMARY AND At:'STR.ALIAN B.\LLOT adequate leadership it is pertinent to ask just whe system itself. It opens an easier The power. once gained, should not be relinquisht>d by the people avenue of approach, but can not carr·y us through to the goal. The through super·ficial arguments as to blessings of party solidarity or primary will not automatically overthrow the boss or the machine, political exigency frQm sources however high. 184 CONGPiliSSION.A.L RECORD-HOUSE DEGEJ\illER 9 Party principles and party issues do not depend upon nomlnating the people and returning to the caucus-convention rstem, and in many or election methods. Principles a.nd issues become real and sharply States they are selecting legislative candidates to carry out their drawn when the Toter speaks direet rather than when he speaks :vurposes. through caucuses or conventions that offer obstacles and blind alleys CO.MPABATI'I'E EXPRESSION IX CAUCCSES AND PRIMARIES 1o frank, open declarations of policy. Objections are urged against the primary insidiously and assiduously The right to assemble through voluntary convention or by any other by these influences. Tbe primary, they say, is not a public expression gathering or organization is not infringed nor limited under the of choice, because sometimes only about one-half of the voters partici­ primary law. pate. Granted for s.'lke of argument, depending on importance of issues, Through the medium of the direct primary e-very organization, yet under the old-time caucus system a half dozen tried and true whether educational, social~ economic, or political, is protected in this political wirepullers ordinarily made up the average caucus with not right of direct eXl)ression, and its combined influence, however great 15 per cent of the total registered vote attending. On immaterial or small, may be made effective. Under the old caucus convention matters delegates and offices were trauetl in conventions like huck~ter system, that right is negatived, because voluntary organizations, what­ offerings at a fish market, having in mind pdmarily particular canui­ eYer their titles or numbers, are then subord1nated to veteran wire dates or interests concerned. Ten voters now attend the aTerage puller·s, familiar figures at e-very olu-time political conYention, men who primary, compared with ev{lry voter who attended the old-fashioned will be reinstated by any repeal of the primary. caucus, becau e voters now have a direct voice in the final re ult and In otl1er words, 80 per cent of the electors, men and women, may are interested in candidates selected. They only served as spectators desire a particular candidate for office, but those who control the under the manipulated caucus and convention system. That is the posi­ nominating machinery year after year ordinarily will name a. slate tion to which they would again be consigned by those advocating dge weary of corrupt caucuses and unrepresenting conventions; of coercion, of the delegate knowledge to the elector, who frequently does not know bribery, and indefensible practices; of reeriminations among candidates; the delegate and would not trust his judgment if be did know him. of di appointing legislatiye promises; and so they overturned the army The primary purpose of the primary is to secure representation of the of ward heelers who had been a necessary part of the old discredited will of the constituency, and the record of performance of every official system and adopted direct primary laws throughout the country. is more certain than promises and professions in advance. That record Magazines and occasional newspapers helped arouse public sentiment is subject to approval or rejection under the primary. by muckraking exposures until the old order was uprooted and rail­ The primary is expensive to candidates, we are told. That is true way passes, pri'rate cars, preferential rates, and other favors formerly If attempts are made to buy the electorate; but this is hazardous, granted to private individuals and public officiaJs were made unlawful, frequently. disappointing, nnd an objectionable practice that should be while rebates and railway rates were prohibited or controlled by law discouraged by legal restrictions. null li'l"'es of employees and of the public received adequate protection. Bribery and corruption, scandals without number, accompanied the This reform was made possible through the primary syst~ because the public could then keep close to its representatives, whether State old caucus and convention system, made possible by centralized power lodged with the delegate and surrounded by temptations too strong to or Federal, and in like manner political opponents became watchful of resist, whereas not one man or woman in a hundred can be purchased those who repre euted them. under the primary system. People may be temporarily misled, bootl­ CAUCuS WARD REELERS winkcd, and deceived at the primary election, but where all sides are RallwaJ·s hale ceased to control politics. The old lobbyist, with a compelled to play the game openly the public soon learns the truth, pocket full of passes, and the caucus ward beeler have both disappeared, because of Lincoln's truism that you can not fool all the people all but so have the journals and magazines that helped bring about the the time. If the old caucus and convention system is to return, the reform. With rare exceptions, these educational mediums ha1e been people will be called upon to accept old secret methods of persua ion, purchased by powerful interests they now represent. coercio~ and manipulation at a time when human rights, moral, eco­ Manipulated conYentions are being held by both Republican and nomic, educational, and social questions are oTersbadowing the tariif Democratic organizations under State laws where supposedly spon­ and all old-time fssues. Under which system will the public's rights taneous utterances are oll'ered repudiating the primary. By a remark­ be preserved ? able coincidence this declaration occurred in both Republican and Demo­ Party organization may not be as closely knit by the primary as cratic platforms adopteu some time ago in Maine. Both platforms under tbe caucus or convention system, and independence of action can Rsked for a repeal of the primary law enacted in 1911. The same more easily be rebuked under the caucus, yet indepenuence is not an bipartisan influences controlled both party conventions eYen a.s they unmixed eviL Party responsibility is n~ded, but when special inter­ controlled under the old caucus-convention system. In other words, ests by powerful propaganda or manipulation seek to seize legislative the people of the country, the women, the farmers, laborers, the clerks, reins through appeals to party organization the only safeguard is nnd mechanics, in fact the great mass that represents nine-tenths of th1·ough individual official responsibillty that may be directly reviewed the voters of the lanu are urged by misrepresentation and appeal to by constituents and not controlled by interests concerned. party organization to renounce rights they now possess of naming All good or evil is not embodied in any one party; and with the their own candidates, and are asked to tum the job over to self­ great mass of State and National legislation not specially mentioned appointed political leauers or bosses as of olcl. Not to railway bosses or pledged in party platforms men of all parties always may find com­ who have been detht·oned, because long ago the railways were milked mon ground for agreement when framing laws. dry, but to forces that conb:ol a large part of the business and publle press of the land that instigate powerful propaganda able, if need be, YORE IMPORTANT TRAN PARTY REOGLAB1TY to force nations to declare war or to shift billions of income taxes Party organization and party platforms are desirable, but protection to "painless " sales taxes, a proposed heritage of war. These are or constitutional rights and laws affecting economic justice are of more past and proposed achievements of the primary repeal program. In vital importance. During recent sessions of Congress party divisions seYeral States modifications have taken the teeth out of the primary have been sought unsuccessfully on the dye embargo, on nearly every and already baYe removed direct accountability from the people over tax bill, and on many other matters, indicating the purpose of powe1·ful to the " party organization," as of old. interests concerned to force an iron-bound caucus rule, if possible, the A. repeal of the primary may seem improbable, but those adyocat­ handmaid of the caucus and convention system. ing the old caucus-convention system long ago learned that men will Constitutional amendments affecting income tax and woman's suffrage sign petitions to hang themselYes and that constant reiteration of have been passed during the existence of the state-wide primary, and hypocritical professions and propositions, like vice, is first rejected, whatever difference in judgment may exist over constitutional pro­ then pitied, then embraced. visions or legislation, the right to meet changing conditions with com­ I have no aesire to discuss the comparative strength or weakness of plete control by the people is maintained and preserved under the cauilidates under the caucus-convention system, compared with the primary. primary. This is a large subject, nor do I question those who con­ Woman's suffrage greatly enlarged the political power of women scientiously defend the old systc~ nor does any man claim that throughout the land. It was gained by them after many years ot hard, improvements may not be found in present prJmary laws, but is it not strenuous battling tor equal political rights. What will be their influ­ n9teworthy that practically every believer in the spoils system, in the ence 1n tbe old-fashioned, discredited caucus convention, with its divine right of polities and power, in discredited manipulation methods trickery, bribery, and notorious methods that were the subject of charges which recognize ward workers, bosses, and leaders rather than prin­ and countercharges of fl".1ud years ago when secret government was · ciples, that all these elements favor tak:ing the powers awaJ: from all powerful? 1926 CONGRESSIONAL RECORD-HOD SE 185 Woman's influence in legislative mutters has uniformly been thrown Indiana (Burn's Ann. Stat. Supp., 1921, sec. 7111h) : Limitation on the right side of moral, educational, and social justice, and as regu­ on e.xpendituN.'s for nomination and election shall not exceed $25 for larly it is opposed by selfish money-making interests that are always each thousand up to 50,000 voters, and $10 in addition for each thou­ active in the halls of legislation. A repeal of the direct primary will sand up to 100,000 voters, and $5 for each thousand in excess of nullify the influence woman now has in the nomination of candidates-a 100,000 voters qualified to vote for tl1e office at the next preceding right more important than the right to vote at elections it secret election. powers dictate bipartisan nominations. Iowa (Laws, 1921, c. 197) : The primary and election campaign The issue is sharply drawn in many States, and a secret campaign is expenditures are limited to 50 per cent of annual salary of the office. being waged throughout the country to select candidates for legislative Kansas (Laws, 1921, c. 184) : State officers only. office pledged to destroy the primary law and to destroy the direct power Kentucky (Carroll's Stat., 1918, Supp., sec. 1560b) : State officer3 that now rests in the bands of the people. That direct power will be only. taken away under the caucus convention system, and we will then Louisiana (Wolf's Stat. as amended, 1920, ·o. 44) : Applies only surrender to a more powerful and unscrupulous political master than to primaries in wllich Senators are limited to $6,000 and Representa­ tlw railways of old. tives to $2,000. 'fhe danger throughout the country that the direct primary will be lUaine (Rev. Stat., 1916, pp. 137, 179) : Applies to primary election, repealed is real and certain. It has occurred in several States, and limiting candidates for Senate to $1,500 and Representatives to $JOO. the law has been weakened in others. Its repeal bas been urged by Maryland (Bufly"s Code, amended laws, 1920, c. 697) : .lll candi­ men in high places who believe in the ol(\.fashioned system. Its repeal dates are limited to $10 for each 1,000 voters up to 50,000 votet·s, has been demanded by powerful interestt.·lhat find in it an obstacle to and $5 for each 1,000 voters iu excess of 50,000. their plans and purposes. l'llany reputable men will be swayed by Massachusetts (Laws, 1923, c. 110) : In primaries Senators are superficial arguments to return to the old discredited system once repudi­ limited to $5,000 and Representatives to $3,000; in elections to ated throughout the land, but the people who recognize control of $10.000 and $6,000, respecti>ely. go>ernnrent is drifting fn.r from the promises and purposes set forth in 1\licbigan (Comp. Laws, 1915, sees. 3828-3842) : All candidates the Constitution, who hope and believe in popular government and in are limited in their nomination campaigns to 25 per cent of one the preser>ation of human rights guaranteed by that same Constitution, year's salary. who find selfishness and greed on the one hand and bitter, impotent Minnesota (Gen. Stat., 1913, sees. 567-609): State officers only. OfSentment on the other to be great conflicting elements to-day in the Missouri (Laws, 1921, p. 379) : Candidates for Congress are limited body politic, who realize that progressive laws for the betterment of to $200 for 5,000 voter . for each 100 voters over 5,000 and undet· men and women secured in the past have been made possible under the 25,000 to $4, for each 100 over 25,000 and under 50,000 to $2, for prinrary-to all these people the danger will be manifest of turning over each 100 voters over 50,000 to $1. the reins of government to bipartisan powerful business and political Montana (Rev. Code, 1915, pp. 977-997) : All candidates are limited interests that demand absolute control through a repeal of the primary. in the primaries to 15 per cent of one year's salary and to 10 per cent (Congressional Digest Magazine, October, 1926.} for their election. Nebraska (Amended Laws, 1915, ch. 36) : The amended law elimi­ Laws m· no law& nated the phrase "Representative or United States Senator" from " ConnGPT PRACTICE" LEGlSW.TIO:-<-FEDERAL AND STATE--REGULATING thi act. CA:'tlP.HGN EXPENDITURES OF CANDIDATES FOR CONGRESS-THE! FED­ Ne>ada (Laws, 1921, ch. 84) : Senators and Congressmen are per­ EU.\L LAW RELATES ONLY TO "ELECTIOXS,n WHILE THE STATE LAWS mitted to expend amounts allowed by Federal laws go>erning_ their REFER TO BOTH PRlliARlES AND ~LECTIONS nomination and election. FEDERAL New Hampshire (Amended Laws, 1917, ch. 63) : Senators and Con­ gressmen are limited in their election campaigns to $1,000 and $750, The Federal corrupt practices act of 1925 (Public Law No. 506) re~pectively; in their primary campaign to $100 and $JOO, respectively. was approved February 28, 1925. New Jersey (Laws, 1922, ch. 242) : In primaries and elections Sena­ Section 30 of the Federal act provides : tors are limited to $50,000 tor each campaign and Representatives to A.. That a candidate ln his campaign for election shall not make $7,500 likewise. expenditures in excess of the amount which he may lawfully make New Mexico (Stat., 1915, sees. 2049-2065) : All candidates limited to under the laws of the State in which he is a candidate, nor in excess 10 per cent of one year's salary. of the amount which he may lawfully make under the provisions of this New York (Laws, 1922, cb. 588) : No limitation on expenditures. title. North Carolina (Cons. Stat., 1919, sec. 4185) : In primaries Senators B. (1) "Unless the laws of his State prescribe a less amount as the are limited to amount of one year's salary and all other candidates to maximum limit of campaign expenditures," a candidate for Senate may 50 pet· cent of one year's salary. expend $10,000 and $2,500 for the House of Representatives; or North Dakota (Cons. Laws., 1913, sees . .923-944) : In both primaries B. (2) An amount obtained by multiplying 3 cents by the total and final elections all candidates are limited to 15 per cent of one number of votes cast at the last general election for all candidates year's salary in each campaign. for the office which the candidate seeks, but in no event exceeding Ohio (Rev. Laws, 1910, sees. 3042-3055) : In primaries Senators are $25,000 if a candidate for Senator or $:5,000 if a candidate for Repre­ limited to $3,000 and Representatives to $800. sentative. Oregon (Laws, 1920, sees. 4113-4130) : For primaries candidates STATE are limited to 15 per cent, for elections to 10 per cent of one year's Alabama (Laws, 1915, No. 171): For Senate, $10,000 limit; for salary of office for which he is a candidate. Representative, $2,500. Pennsylvania (Stat., 1920, sees. 9637-9656) : No limitation on Arizona (Laws, 1922, c. 3:>, sec. 59) ~ In primaries Senators are amounts. limited to $1,500 and Representatives to $1,000. ~outh Carolina (Criminal Code, 1912, sec. 363) : Reports are required, Arkansas (Digest, 1921, sees. 389-1-3907) : Expenditures limited to but no limitation is set on amounts. one year's income of the office of Senator or Representative. South Dakota (Amended Laws, 1921, ch. 220) : All candidates are California (Henning's General Laws, act 1327) : Limit ls 10 per limited to 50 per cent of one year·s salary of office for which they are cent of one year's salary. candidates in obtahiing their election. Colorado (Comp. Laws, 1!)21, sees. 7559-i561, 7832) : Primary cam­ Utah (Comp. Laws, 1917, sees. 2360-2406) : Primaries and final paign expenditures Umited to $5,000 for Senator and $2,500 for Repre­ elections shall not aggregate more than $4,000 for United States Sena­ sentative. tor and $2,000 for Representatives. Connecticut (Laws, 1921, c. 305) : For nomination and election or Texas (Stat. 1920, art. 3174): In primaries Senators are limited to Senator the limit is one-third of one year's salary. For nomination $10,000 and Representatives to $2,500. and election of Representative it is $10 for former and $15 for latter Yermont (Gen. Laws, 1917, sec. 13j) : No limitation on amount. for each 1,000 registered voters of the last preceding election for the Virginia (Code, 1919, sees. 232, 251) : In primaries candidates at·e candidate of Representative of the same political party. limited to 15 cents for every vote cast for the successful candidate of Delaware (Laws, 1917, c. 112) : No limitation on amount of ex­ his party at last gubernatorial election. No limitation on election penditures, but statement of such must be filed. campaigns, but reports are required. Florida (Comp. Laws, 1914, sec. 277) : Senators and Representatives Washington (Pierce"s Code, 1921, sec. 2251) : No limitation on are limited only in primary elections ; $4,000 for former and $2,000 amount. for latter. West Virginia (Hogg's Code, 1918, supp. sec. 188) : Candidates for Georgia (Park's Ann. Code, 1914, sec. 92) : No limitation on ex­ Senate are limited to $75 for each county in State in each of primary penditures, bot reports are required. and final election campaigns. Representatives are limited to $75 for Idaho (Comp. Stat., 1919, sees. 556-557) : Senators and Repre­ each county in the district in each of primary and election campaigns. sentatives are limited in their primary campaigns to 25 per cent of Wisconsin (Amended Laws, 1923, ch. 249) : Senators may not exceed one year's salary. $7,500 and Representatives $2,500 in either their primary or election Illinois: Has no law limiting campaign expenditures. campaigns. 186 CONGRESSIONAL RECORD-HOUSE Wyoming (Comp. Stat, 1920, sec. 2736) : In primaries and elections, phus was. He was a king in Corinth. and when he went to each candidates are limited to 20 per eent of one year's salary of the hell he was given the impos ible task of rolling a stone uphill, oflic~ for which they are candidates and no candidate is restricted to only to have it roll down upon him. We are trying to repeat less tban $100 in each campaign. (Con.:,<>Tessional Digest, October.) the task that was given to Sisyphus when he went to hades. Mr. FREAR. Mr. Chairman, I yield back the remainder of [Laughter.] I have had enough of it; I am again t Wheeler and his wastrels, his crooks, and bootleggers. The Trea~ury my time. . has been wide open long enough. Compared with Wheeler and The CHAillMAN. 'I'he gentleman yields back one mmute. his piratical partners, Morgan the buccan€er, Captain Kidd, 1\lr. BYRNS. Mr. Chairman, I yield 4ii minutes to the Dick Turpin, Jesse Jame , and the Ohicago machine g-uuners gentleman from Massachusetts [Mr. G~AN]. . Mr GALLIVAN. Mr. Chairman, I desue not to be rnter· appear as honest, modest gentlemen. I am ready to compromise, however, and in the interest of congressional decency and clean· rupte.d. It so happens that I ~.a meJ?lber of the subcommittee which prepared this appropna?on bill. I .spent the greater liness and to get the prohibition alley cat off the backs of so­ called American statesmen I will agree to vote a liberal pen­ part of November in the committee ro?m With my c?lleagu:s, sion to Wayne Wheeler, provided he will move out of this coun· and I listened to all the evidence submitted by th~se m char"'e of so-called prohibition enforcement. Because I listened care· try and into some land like Soviet Russia or .1\lexico where his peculiar talents will be appreciated and poison gas is more fully to all the statements made ~Y those disti~~p~ished g.entle.o~ popular. [Laughter.] men, I have dissented from givmg the Prohibition _D~~t o~e single, thin dime for the alleged enforcement of prohibition m But the appropriations recommended in this report for the farce termed prohibition enforcement, I will not vote for ; the United States. . . though I may not be able to prevent the picking of Uncle Sam's When I, as a member of the Committe.e o_n App~opn~tio~, rise to dissent from and object to certain Items rn this bill pocket by the most unscrupulous gang of hypocrite. and hum· it is a duty I owe to this House, to the consD;tuency I repre­ bugs this side of the Atlantic Ocean, I will not become par­ sent, to the country I serve. and to my consc1ence •. manhood. ticeps criminis in the rape of the Treasury of the United States. This approprin.tion represents pure plunder. If it is voted for and self-respect to state the reasons for my dissent and by the statesmen I have referred to, 1,000 small conventicles objection. . I am opposed to what I eonsider the plunder of the Public must go a little longer without preachers; if it is refu~e ll, we Treasury by the most impudent and insatiable gang of grafters, can fill a thou and empty pulpits now waiting for the voices calling in the wilderness, who have been transformed _into Phal'i ees, . and humbugs the American Republic has .e~er been confronted with ; who, mocking the names of rellgio? and prodigal sons by lure of prohibition's profu encs · and the 30 pieces of silver always waiting the betrayer of conscienee and morality, are engaged in the futile. task of attem~ting to enforce a law repugnant to the conscience of the enlightened countl-y at the box office of the Anti-Saloon League. The time is coming when we shall need an the money the tax­ portion of the Nation, insulting to ~ts intelligen~e, d~gerous to decency, law and order, and perilous to the mtegnty and payer is sweating, for south of the Rio Grande, the storm is safety of this Republic. It is a law enacted in the hour of the brewing, and it is brewing with the aid of the very elements Nation's peril and the absence of its manhood and defenders at that have engineered prohibition in this country, that sought a the battle front [applause] ; a decree of disorder and disgrace religious alliance wi.th the Red Soviet but yesterday, and that railroaded through the Congress by fraud and deception on the to-day through their agents of um·est are helping along the destructive activities of Calle of Mexico, who, by his bogus part of some men who betrayed tbei! .constit~ents. while un~er the threats and terrorism of a militant mrnonty of moral con titution and his a..;sault on religion, business, and finance monstrosities; a law enacted under the whip and lashes of threatens the civilization of North America. I repeat that the the forces of organized hypocrisy and bigotry, who, unable or red enemies of civilization and religion in Mexico are the allie unwilling to face the enemies of their country in Europe, were of prohibition in America; the arne crowd that fills thi land. both able and willing to wreck the morale and character. of with false propaganda concerning the Reds of Mexico, trumpet­ the Nation and in:tnct upon it more injury than any foe, foreign ing tlieir alleged love of freedom and education, get thei~ com· or domestic, bas ever afilicted it with. . . mis ions and inspiration from the same sources, under mislead­ Eternal vi!!ilance is still the price of liberty, and It Is more ing names, as ·wheeler and his cohorts. It is only a short time so the pric: of common honesty. Tl?-e .Anti-Saloon until we will be compelled by every instinct of self-preservation .~ague to take the red rat of Chapultepec by the neck and shake him can not very well e cape our observa~wn; we need dfi!~e~ce rather than vio-ilance to deal with Its predatory actiVItie , out of the community of nations. We can not sit tamely by since it is noi;, nasty, and noxious in its utterances, im­ muth longer while the red fires burning up Mexico are creeping pudent and audacious in its demands, and can always be closer and closer to our doors. found in the vicinity of the cash box ready to snatch a dollar We must not continue to be fooled by words and terminology that is not nailed down. [Laughter and applause.] It is a and be led to believe that the destruction of religion and edu· cation, the outraging of womanhood, the degradation of motll. pious panhandler and a persiste~t plunder~r, aided and abetted erbood the assa.., illation of manhood, the plunder of property, by as thirsty a gang of congressiOnal lobbYists as eve~ busted a the ari~t of trade and commerce, and the confi cation of rights brewery or sacked a distillery; but you always ~ow JUS~ where and titles are ge h1res of liberty and not the actions of a to find it and its Falstaffian army, unle s you put cotton m your revolutionary red banditti who have gained control of tlle ears or blinders on your eyes. The carrion crow follows the Government ~f :Mexi-co and are looting and terrorizing the laml. carcass from afar and it never pulls a. bone ; it picks them. Their sympathizers in America and their propagandists in [Laughter.] Mexico are the body and bones of prohibition on our soil a ud I can take off my hat in admiration to the men who led the they patter of Mexico's "sacred constitution." Constitution hard-fightino- legions and armies of the Rebellion; they ~re forsooth! It is the decree of a junta of armed bandits anu red gallant gentlemen and splendid soldiers . who ~er~ ready to revolutionists, in which the people of :.\Iexico were never con­ ~acrifice their lives and fortunes for theu conVIctions. T~ey sulted or permitted to criticize. Constitution of 1917. God were not for sale· they faced death and disaster and s.IDlled save the mark ! The special concoction (}f Carranza the cut­ in the face of red battle· and when they failed they w~nt throat, Villa the virtuous, Calle the cutpurse, Obr~on the out­ down to defeat as they we~t to victory, free and unafraid, like law and a score of l.:illere and burners of tbat ktdney, who. gentlemen. No yelping hypocrite, no brow-bea~ng J?harisee inf~mies have gone unpunished and unavenged, because .A.mer. dared crack an overseer's whip over them; and I unagme they ica has held her hand and the American mind bamboozled by mu~t turn in their graves to-day when they visualize some of The very same prohibitory conspirators ~ho saw in the d~struc. the wriggling waniors who await the hour when Wayne tion of Mexican religion and civilization an opportunity to Wheeler casts his hooks into them to feed the hung1·y army of fatten and expand their own peculiar tenets. locu ts and leeches who are eating up America. [Applause.] The day when we mu t su·ike and strike hard if our form Because I object to wasting money in feeding the jackals and of government and civilization is to endure :b at ban~ ; anll turkey buzzards of prohibition, I refuse to indorse, agree with, we must save our energies and resources for that hour mstead or vote for any appropriations designed to continue this futile of allowing them to be wasted on thieves and ti·aitors now farce of enforcing a nonenforceable law and taxing my fellow masquerading as saviors of humanity. : citizens to swell the volume of lawlessness, depravity, corrup­ Prohibition and its friends will be discovered as the garnson tion, and dishonesty now befouling and debauching the Ameri- of the Trojan horse Red Mexico and Red Russia are trying to can Republic. [Applause.] . . . push across the Rio Grande, and I commend them t~ lli?se Already we have sacrificed almost a billion dollars m this roaring " w·ys " of Texas, for when tlle day of retributiOn task of Si yphus in legitimate taxation and we will soon be comes there will be a wonderful scuttling for cyclone cellars. asked to spend nearly one hundred millions in fleets and armies, So to return to my original thesis, I am inveterately and ca chpoles and informer , spies and money snatchers, pump-w~r unalterably oppo ed to wasting money. on impo sible s~e!D:e ·, bandits, and plain prohibition plunderers. You know who S1sy- for in the last accounting the money paid out to the prohibition 1926 CON GRESS! OX AL RECORD-HOL"SE 187 enforcement law will be fotmd in the pockets of bootleggers and utmost confidence of the thirsty Bostonians In his district. 1\Ie:xican propagandic;ts, rna querading under many sweet Wayne Wheeler commands the re pect and confidence, without euphemisms and taking orders from Wheelerism. any stint, of the moral forces of the L"nited States of America. The third and most inglorious phase of treason is here- [Applau e.] Yexicanism, following prohibition. I would advise my strong- Who is it that comprises the Anti-Saloon Leauue of America? breathed temperance friends to wake up and square themselves Why, you might as well condemn the Congress, the House of before they are caught with the goods on them. Their first Representatives, because of something it has done by continu­ duty is to stop the tribute paid to treason and plunder, to prohi- ally hammering at our distinguished Clerk of tile Houoe, Hon. bition and Wheelerism. \Villiam Tyler Page-- Vote down the appropriation for phony enforcement, and by The CHAIR.MA...~. The time of the gentleman has expired. lowering taxation and securing economy for the day of wrath Mr. BYRNS. I yield the gentleman four minutes. support the President of these United States. The CHAIRMAN. The gentleman is recognized for four While I am on my feet I have another word or two to say additional minutes. to this House. Mr. BLANTON. The members of the Anti-Saloon League of '.rhe meanest type of humanity we have inside our frontiers America are found in churches and religious institutions of our is the bogus humanitarian and philanthropist, quite frequently land; they are moral citizens and leaders in the great Methodist an anglophile, quite often a pro-European, usually an inter- Church of this Nation, leaders in the great Baptist Church of nationalist, and always an anti-American. He believes that this Nation, leaders in the great Christian Church of this Europe saved America from disaster in the late war by indue- Nation, leaders in the great Presbyterian Church of this Nation, ing us to sacrifice 100,000 of our young men, stopping the leaders in the great Episcopalian Church of this Nation, leaders Germans, lending billio11s of the American people's money, re- in the great Congregational Church of tllis Nation-aye, leaders building their towns, feeding and clothing their hungry, and in the great Catholic Church of this Nation. All form its mem­ transforming the American Republic into a welfare station for bership; its membership comprises leaders from all of these the sick, lame, and lazy of Europe and the adjacent ten·itory. great moral institutions and forces. Are you going to condemn When the war ended the Allies and their associate, America. prohibition simply because the wets do not like Wayne Wheeler, concluded a treaty of peace which stripped Germany, divided who h; simply one of the employed officers of one of the moral her cash, clothes, and real estate among the Allies and gave institutions ? Are you going to unite all condemnation of the u -the associated charities-three rousing cheers. [Laughter wets upon his head? Why, God forbid his passing from us; but and applause.] It was a great game. When it was over we if God should take Wayne Wheeler to-night there would be had piled up a debt of twenty-six billions and found that our another found somewhere in the rnited States to take his place, late associates were unwilling to pay their debts to the Ameri- who would carry on the work just the same. can people and were trying to wriggle out of their obligations. The mantle from the shoulder of our friend from Maryland That is to say, having stripped Germany with our help, they I has fallen on another; some one seems to have been found to now propose to bilk the. American people out of their savings carry on his work. I thought it had been heralded that a with the help of American yellows and other nauseating detri- New Yorker was to carry on for the wets; but I want to say mentals, and for good measure they are calling Uncle Sam to the distingujshed gentleman from l\Iaryland that every time Uncle Shylock. They tell us we are morally responsible for one of his satellites gets upon the floor of this House you will Europe's war, and they merely fought Germany to save the find some dry Member here, weak or strong, as he may be, who world for democracy-and America for Europe. [Laughter.] will be ready to answer him. This gang of European welchers and i·epudiators talk like P.ro- Mr. SCHAFER. Will the gentleman yield for a question? hibitionists. Mr. BLANTON. Yes; to the representative of the great bev- 1\-yhat I have said about the money they owe to us over there erage that made Milwaukee famous. [Laughter.] is, in a way, parenthetically spoken. I do want to emphasize, 1\Ir. SCHAFER. As a law-abiding citizen, who is against a howeYer, that I will vote at all times against spending any nullification of any part of the eighteenth amendment, does the • mone;y for the farce of the enfo1·cement of a law that is wreck- gentleman believe it is within the spirit of the law for any ing the American Republic. I repeat, I am against any more member of legislative bodies to be a bellwether and champion money for Wheeler and his whirling dervishes. [Applause.] for the Anti-Saloon League and that they should be on the Mr. MADDEN. Mr. Chairman, I yield four minutes to the pay roll giving lectures for that organization? gentleman from Texas [Mr. BLA..."'lTON]. Jlt1r. BLANTO~. The Anti-Saloon League in all of my politi- Ur. BLANTON. l\Ir. Chairman, as a prelude to what we have cal campaigns-and I have made several of them-has never yet just heard, there should have been first sung, Hail, Hail, the spent one dollar for me in any of my campaigns. I want to Svernment of the necessary must be supported with finances, and I have contributed my funds to enforce it. I am surprised that my distinguished share. ·what does the gentleman expect that the moral forces friend from Massachusetts [Mr. GALLIVAN] should be found are to be upheld on-air alone? [Applause.] It takes money fig!lting with them on this question. There is no more pleas- to run all institutions. ing personality in this House. His Irish characteristics make EXCOURAGLNG NEWS FROY FOREIG~ COUNTRIES him most lovable as a colleague. Fundamentally wet he is, but be has never been an abject servant of the liquor traffic. The ..., pecial correspondents of the International Record in its Who are the prohibition forces? Is it merely Wayne October, 1926, is.':lue report as follows : Wheeler? Is it merely the Anti-Saloon League of America? SWITZERLAN D Why it is just one among numerous agencies which seek to GEXEVA, September 13, 1926.-In considering the question of alco­ uphold the prohibition laws of this country. The great Wayne holism and crime by the Fifth Commission of the League of Nations, Wheeler needs no defense at my hands in a four-minute the Italian representative declared that in Italy GO per cent of crime speech. The great Wayne Wheeler can take care of himself. was due to drink. Other delegates stated that drink wa.s a. predispos­ While my distinguished friend from Massachusetts enjoys the ing cause. 188 CONGRESSIONAL RECORD-HOUSE DECE~IBER 9

CA~ADA 5. Because, according to Federal Census on admission to pri. ons, V1cronu, September 14, 1926.-In cooperation with the United except murder, banditry, and one or two other forms of crime, it has f'tates authorities, the British Columbia Liquor Board has decided to decreased crime on an average of 50 per cent. prohibit liquor bars along the international boundary. 6. Because under it church attendanc;e is better, membership increas­ ing at the rate of 1,800 per day, contributions to all benevolent funds AuSTRALI.A and to missions have greatly increased, and the pastors' salaries MELBOUB?\~, September 1, 1926.-The effort to repeal the order pro­ increased from a general average of about $600 per year to a general hibiting the sale of liquor in the new capital, Canberra, has so tar average of about $1,400 per year. They need it. failed. The question will come up again at the next session of the 7. Because persons having savings accounts have increased from Commonwealth Parliament. 11,295,931 to 43,850,127 and the amount on deposit from $8,192,000,000 COSTA RICA to $23,134,052,000. SAN JosE, August 12, 1926.-The President and Government of the 8. Because closing 200,000 saloons known as "the poor man's club," Republic have is ued a decree that antialcoholic teaching must be given prohibition has built about 2,000,000 homes, or " poor man's castles." in all the colleges and schools of the country. or 10 "castles" to each saloon closed. GERMANY 9. Because the wealth of America bas increased from $220,000,000,000 MANNHEIM, September 6, 1926.-The National Council of Women rep­ total value in 1917 to $375,000,000,000 in 1!)25, a net increase of resenting 63 large women's organizations of Germany demand a veto $155,000,000,000, $42,000,000,000 of which, doe to prohibition, or a net power o>er the liquor traffic to bring about· a reform of the moral, value from prohibition to each man, woman, and child Jn America of sanitary, and economic conditions of the country. $52 per year, or $364 for the seven years. 10. Because the Anti-Saloon League, which performed the major ITALY function in bringing these conditions about, did its work on a total RoME, August 25, 1926.-Signor Federzoni, Minister of the Interior, expense through a third of a century of jnst 33 cents for each ma.n. made a statement in the senate that the Government had decided to woman, and child, and the Federal Government is spending just 15 check and eliminate evils such as alcoholism, which were a disgrace to cents for each man, woman, and child ln enforcing the law and making the Italian race. This received the warmest support both of the the bootleggers pay 10 cents of that in fines, penalties, etc. Fascist and non-Fascist members. Let us all thank God for the eighteenth amendment. CANADA CHURCH MEMBERSHIP INCREASE VA..'\COUTER, B. C., September 6, 1926.-In future all women will .be The censu taken in the United States by the Christian Herald prohibited from the liquor bars of Vancouver. This is in accordance show that during 1925 there was an increase in church mem­ with an agreemPnt between the liquor board and the hotel keepers. bership of 800,000, and a total increase of nearly 6,000,000 since 1\0l!WAY the adoption of national prohibition. OsLO, August 3, 1926.-lt bas been decided by the Norwegian Gov­ Concerning the following three denominations, it compares ('rnment that any profits made by the unlawful smuggling of liquor to the decreases sustained during the last wet year ( 1nl9) with America or Finland may henceforth be seized by the Crown. their increases gained during the last dry year ( 1925) as follows: BULGARIA SoFIA, August 5, 1926.-The teachers' and students' temperance Wet 1919 1925 organizatfons, meeting in Keustendil, attended by hundreds of d~le­ Dry gates from all parts of the country, were officially received by the c1ty authorities. Decrease Increase DE~ MARK J\.Ietbodists ___ ------80, 000 220, 000 Baptists ______·-··------11,000 104,000 CoPENHAGEN, September 5, 1926.-It is reported that a member of. Pre.sbyterians ______·------40,000 61 , 520 the obriety commission, who is also a member of the Danish Folketing, • will introduce a local option bill at the next session of the Danish O~E GREAT CAUSE OF PROSPERITY Parliament. In their monthly letters dealing with national wealth nnd RUSSIA savings the Girard Trust Co. of Philadelphia shows that during Moscow, September 4, 1926.-The press here states that the pro­ the year 1913 (wet) the number of depositors in savings banks ductivity of labor. which under prohibition has greatly improved, con­ was 11,295,931, with depo its amounting to $8,830,192,000; while siderably slumped after the reintroduction of vodka, which has a 40 .for the year 1925 (dry) there were 43,850,127 such depositors, per cent alcoholic content. having $23,134,052,000 deposits ; that life insurance had in­ CAl"iADA creased from $16,587,378,943 in 1913 to $73,134,052,000 in 1925 ; BRITISH CoLUMBIA, July 28, 1926.-New Westminster bas for the and that wages and salaries bad al o increased from 19,450,- second time defeated the efforts of the wets to open beer bar~ in the 000,000 in 1913 to $40,000,000,000 in 1925. city. A similar defeat followed an attempt in Revelstock. HOW ARE WE TO EVADE OUR OATHS . CA..~ ADA OTTAwA, September 1, 1926.-The customs inquiry committee recom­ The oath we take here is that we will support the Con titu­ mends the prohibition of clearances being granted to vessels carrying tion without evasion. Suppose the people of 12 States were to denounce all of the Constitution and demand of the Representa­ liquor as cargo sailing from a Canadian port to the United States. tive in Cong1·es that they neither obey nor enforce it. Would SWEDEN it be the duty of such Representatives to obey the people of STOCKHOL:l.l, Aognst 1, 1926.-Carl Gustaf Ekman, Prime Minister these 12 Stntes or to carry out their oath and obey the Consti­ of Sweden in a series of lectures in various parts of the country, has tution, made the fundamental law of the land by the other 36 declared f~r prohibition and more effective temperance teaching in the States which compri ed the required three-fourths majority? public schools. This i the que ·tion confronting us. RUMANIA )lr. SCHAFER. If a Member of a legislative body is receiv- BucHAREST, September 1, 1926.-The Government announce that in ing a salary of $10,000 a year, does he not get pay enough? the parliamentary session on October 15; 1926, there will be introduced :ur. BLANTON. It co ·ts money to run a-- a measure for the curtailment of the production and consumption of The CHAIRMAN. The time of the gentleman has expired. alcoholic liquors. Mr. MADDEN. I yield 10 minutes to the gentleman from TEX REAso~s FOR BEING THA~KF'GL von NATIO:\'AL PROHIBITiox NE'w York [1\ir. GRIFFIN]. . Mr. GRIFFIN. Mr. Chairman and colleague , the gentleman Ot; Nov~mber 25, 1926, Mr. E. M ..Pha~·r, edito~ of The Rec?rd, from Texas [Mr. BLA ~To.-], who has jut taken his seat, has published m Lampasa , rr:ex., gave m his splendid newspaper 10 injected an issue into this discu~ sion which I did not anticipate, rea~ons why . t~~ A.mencan. ~ople should be thankful for and I shall therefore digress somewhat from my purpo:-e of 1 national proh1b1bon. He said· speaking upon the financial aspect of this bill to discuss the The American people h.nve to thank God for national prohibition: very no\el point which the gentleman raised. He said the 1. Because it has taken from our prisons 55 out of every 100 who moral forces of this country are behind prohibition, and then had been going there drunk, according to Federal Census reports. proceeded to describe those moral forces as certain churches, 2. Because it has decreased alcoholic insanity by 60 per cent. mentioning them by name. 3. Because it has decreased deaths from drinking liquor by 50 per I presume the crentleman believes that when the Puritans cent, a.nd total deaths, according to Federal and life-insurance repcrts, passed the law making it a capital offen e to miss church on at a rate of about 300,000 per year. the Sabbath they tood for the moral sentiment of the com- 4. Because, according to Federal reports, it bas decreased juvenile munity. Of cour e, it will not be doubted that that was their crime from 112 per 100,000 to 161 per 100,000. opinion. Sincere men they were. They believed that they were 1926 CONGRESSIO~J..\_L RECORD-HOUSE 189 sf anding for tl1e moral forc{'S of their time. But go a little It is interesting to note, also, that John .Adams actually, further back in history. When the inquisition brought incli­ seriously argued that it was again t the consciences of the-peo­ viduals before it, tortu1ing o1· hurning them in the name of ple of his State to suggest making any changes in the e rigorous religion, they also believed that they were standing for the drastic laws. He stated that they might as well think they moral forces of the world. That is the vital error into which could change the movements of the heaT"enly bodies as to alter all men fall who think that they ought to arrogate the privilege the religious laws of Massachusetts. (See Life and Works of of forcing their views on moral or religious questions upon John Adam hy Charles Francis Adams, Vol. XI, p. 399.) others. Neverthele's all of the religious statutes of Massachusetts, CHURCH HAS NO PLACE IN POLITICS except the State Sunday laws, were abolished in 1833. It i,<.; a bad omen for any country when religion is injected CONNECTICUT into its legislation, and I do not care what religion it is. I am PROPHA.:-i.iTIO~ OF THE LORD'S DAY a Roman Catholic and I have listened to countleRS sermons. l I never yet heard a political speech in a Roman Catholic Whosoever shall profane the Lord's Day, or any part of it, either by Church, and I want to add this, that no ecclesiastic of my sinful, servile work, or by unlawful sport, recreation, or othenvise, church, either high or low, would dare to wield the lash, either whether wilfully or in a careless neglect, shall be duly punished br in or out of church, to urge me to vote a certain way, or to fine, imprisonment, or corporally, according to the nature and measure threaten me with condign punishment if I did not, without of the sinn, and offence. But if the Court upon examination, by clear encountering a prompt and indignant refusal. [Applause.] and satisfying evidence find that the sinn, was proudly, presumptuously, Religion is a bad thing to inject into legislation, whether you and with a high hand committed against the known command and Invoke the moral sanction or not. There is always some pretext authority of the blessed God, such a person therein despising and re­ of morality in connection with every invasion of human liberty. proaching the Lord shall be put to death, that all others may feare and That is the cloak under which intolerance makes its encroach­ shun such provoking, rebellious courses. (Law of 1656.) ments in all government in all the history of the world. Read DELAW,mE the hi;;;tory of our early Colonies, particularly Virginia and THE LAW AGAIXST BLASPHEMY 1\fa. sachusetts, where they had laws putting men in the stocks beeau ·e they did not go to church, making it a capital offens\3 The D!:'laware law of colonial times against bla~phemy pro­ 1.f they missed church three times. vided that if "wilfully or premeditately" done the offender " be ..et in the pillory for the space of two hours and be E\' JLS OF CHURCH INFLUENCil IN THE THIRTEEN COLOXIES branded in hi or her forehead with the letter B, and be pub­ I will take advantage of the leave to extend granted to me licly whipt on his or her bare back with thirty nine lashes to in~ert at this point a brief summary of some of the religious well laid on." (Laws of Delaware, 1797, vol. 1, pp. 173, 174.) statutP.; of the American Colonies. All of them, without excep­ Now, the better opinion of to-day of enlightened men all tion, euacted laws for the purpose, as they believed, of promot­ over the world is that you can not make men good or moral ing Christianity, but their cruel and inhumane enactments were by law. [Applause.] Leave morality to the churches. Keep iu . trikiug contrast with the charity, kindliness, and toleration the churches within their ecclesiastical confines. Personal hab­ of the founder of Christianity. its are a matter of church discipline. The State has only to These rigorous colonial lawmakers doubtless thou~ht they do with the conservation of morality in its relation to public were ·peaking for the " moral forces '' of the communities they conduct and the preservation of law and order. The moment were representing, for t11eir intolerant and cruel statutes that religious opinions as to moral conduct are injected into usually began with a preamble in the nature of a pious homily: legislative enactments that moment tyranny enters, and the VIRGIXIA freedom of the people is at an end.

PEXALTY OF DEATH FOR XO~ATTE~DASCE AT CHURCH 0~ SUND.!Y THE GROWIXG COST OF ENFORCE~IENT Every man and woman shall repair in the morning to the divine So much for so-called "moral forces." I am concerned about service and sermons preached upon the Sabbath Day, and in the after­ the amount of money that is appropriated in this bill for pro­ noon to the divine service and catechising, upon pain for the first hilJition. It is not merely what the bill provides for now, but fault to lose their provision and the allowance fot· the whole week it is what is coming in the fnh1re. following ; for the second to lose the said allowance and also be I presume the appropriation of $11.900,965 in the present whipped; and for the third to suffer death. (America's first Sunday bill will be further augmented in the usua 1 manner by a law, 1610.) deficiency bill which will make its appearance iu due course PE~ALTY OF DEATH FOR BLASPHEMY to take another bite out of the Treasury. In the same year, 1610, a law was enacted in Virginia against We must not forget that the $13,322,445 for the Prohibition blasphemy, the offender tor the first offense to suffer "seYere punish­ Bureau appropriated for the current :fiscal year does not giT"e ment," for the second "to have a bodkin thrust through his tongue," the entire picture of the cost of prohibition. Let it be remem­ and for the third " to be brought to a martial court and there receive bered that we also appropriated $24,213,000 for the activities censure of death." of the Coast Guard. (NOTE.-Similar laws 1\""ere enacted by :Massachusetts in 1G98; by Again that sum was further augmented by the second defi­ Connecticut about the same time; and by Maryland in 17:?3:) ciency bill. which appropriated $2,6 6,760 for the construction M.!SSACHUSETTS of three additional Coast Guard T"essel~ of which sum $1,000.000 PRESC MPTUOUS St'~DAY DESECRATIO~ TO BE PUXISHED BY DEATH was then and there authorized. If to these figures we ad ~l 'J'his court taking notice ot great abuse and many misdemeanors the additional expenses of the Department of Justice, necessi­ committl:'d by di1ers persons in these many ways, profaning the Sabbath tated by the handling of prohibition cases and the maintenance or Lord's Day, to the great dishonor of God, reproach of religion, and in the jails of thousands of convicted violators of the law, it is grief of the spil·its of God's people. no exa?:geration to say that prohibition enforcement will cost Do thcr·efore orde-r, That whosoever shall pro.fane the Lord's Day, the Nation for the current year upward of $40,000,000. by doing unnecessary servile work, by unnecessary traveling, or by COAST GUARD sports and recreations, he or they that so transgress, shall forfeit for every such default 40 shillings, or to be publicly whipped ; but The bill before us authorizes the completion of the Coast if it clearly appear that th~ 1:1in was proudly, presumptuously, and Guard vessels under way and makes a further appropdation of with a high hand committed, against the known commantl and authority $1,800,000 for two more cutters. Thus inside of one year we of the blessed God, such a person therein despising and reproaching have laid out or committed the Nation to an e:xpen ·e of about the Lortl, shall be put to death or grierously punished at the judgment $4,500,000 for five Coast Guard cutters. of the court. (Law from Codification of 1671.) A BOTTOYLESS PIT WASHL"'iOTO:X RUXS AFOUL OF THE LAW If they keep tbi:;: up, the Coast Guard will pretty soon equal As to that part of the statute against "traveling on the the dimensions of the 1\avy, for prohibition enforcement is Lord'R Day," it is interesting to note that even the good Presi­ a lJottomle. s pit. dent \Vashington fell afoul of this pious prohibition. Having 01rset against this--or, rather, add to it on the debit side of missed his way on Saturday he was obliged to ride a few miles the page-the loss of excise taxes, which in preprohibition on Sunday to gain the town in which he was to attend divine days amounted to $500,000,000 a year. service. Before he aiTived, however, he was met by a tithing­ The e:rtent of the crime which has been committed on the man who commanded him to stop and demanded the occasion American people is about beginning to be visualized and the of his riding. The general explained the circumstances and it great common people of the land are beginning to arouse them­ was not until he promised to go no farther that the tithingman selves to a rPalization of the injustice, the wickedness, and the perfu.itte1:ihltional convention to amend the eighteenth amendment," and eighteenth amendment [Applause.] •· yes" on the question, " Is prohibition a failure?" The CHAIRMAN. Tbe time of the gentleman from New 5. Montana: Voted "yes" on the question to repeal all State dry York has expired. laws except that of forbidding sale of intoD.cants to minors. Mr. 1\IADDEN. Mr. Chairman, I want to say to the gentle­ STATES VO'l'IYG u NO 11 man from Tennessee [Mr. BYRXS] that we have only one more 6. California: \oted "no" on question to repeal the State enforce· speaker on this side, and I would like to have the gentleman ment act. u e whatever time he has. 7. Colorado: Voted "no" on proposal to amend the State constitu­ Mr. BYRNS. Mr. Chairman, I yield 10 minutes to the gentle-­ tion to protide for manufacture and sale of liquor when it does not man from New York [Mr. O'CoNNOR]. conflict with Federal laws. Mr. O'CONNOR of New York. Mr. Chairman and gentlemen, 8. Missouri: Voted "no" on proposal to repeal State enfor~ment the first bill presented for the consideration of this House of laws but elected a wet a Senator. . Repre. entatives on the opening of the second session of the INDIRECT REFERENDA Sixty-ninth Congress is on its face of only routine importance, WET SENATORS ELEt:TED becau...~ it is one of the necessary appropriation bill of which 1. Pennsylrania: Yare elected. we shall probably consider about 11 for the various departments 2. Mil>. ouri: Ilawes elected. and to meet deficiencies. 3. Massachusetts: Walsh ele.cted. The present bill, ma.h"ing appropriations for the Department 4. Maryland: Tydings elected. of the Treasury, does, however, attract attention at this time because it contains an appropriation of about $12,000,000 for STATES ALREADY WET prohibition enforcement which is within the jurisdiction of that 1. • ·ew JE>J·sey: lln!'l two wet Senators. department of our Government. A large part of this urn wiU ·we have 10 States in the Union definitely wet provide salaries for over 4,000 employees of the Prohibition What is their population? Unit. Five hundred thousand dollars of the appropriation is Population of teet States allotted in advance of accounting for the purchase of evidence 1. New York. 1920------10,384,144 and similar underground work by spies. In addition the appro­ 2. Illinob·. 1920 ______------6, 485. 008 priation of the Coast Guard, another arm of prohibition enforce­ 3. Wisconsin. 19::?0------·------·------2, 631, 839 4. ~ 'evada, 1920------77, 407 ment, is increased about 2% millions, from $27,153,347 to $29,- u. Montana, 1020------547, 593 600,000. These amounts are not so substantially different from previous appropriations for the same purpose, as to give rise Total------20,126,098 to much complaint, but recent e:xpres ions of the "ill of the "Wet" a.s jttdgea by senatorial vote electorate necessarily focuses greater attention on tbe~e par­ ~: Srl~~;J~Ja~9~o=:~~==::::::::::::::::::::::::-_:::::: ~;~5g;g~~ ticular items at this time. 3. :'\Iassachi.mcttf:, 1020------3, 852, 356 The problem which presents itself to many of us at this 4. Jlaryland, 10~0------·------1, 449, 610 hour-especially those Members who believe we still li\e under Total------17,425,672 a representative form of government-is whether we can justify Wet by pret:ious t·esults voting against these appropriations and thereby register the protest of our constituent against prohibition itself. 1. New Jerser------3, 155, 374 I know the many questions that arise in the minds of my Total population of decisive wet States, 40,707,437, out of a total colleagues whose views I share on this great question of prohi­ pnpu1ation of 105,683,108 (census of 1920). bition. Their struggles with the problem of \Vhat to do are no It will be noted that among the States voting l< No" is Cali­ different from mine. Heretofore I have consistently voted in fornia. nut note that the result, while unfavorable-, was close. favor of such appropriations. The reasoning which led me to ,Just think, the wine growers in California, wl10 furnish-yes, ;ucb a decision contained, among others, the arguments that and knowingly furnish-the grapes that go into the bootlegging the appropriations for enforcement presented no real test on the industry, yoted dry. Can you imagine it? ~hey are getting question of prohibition; that as long as the memmres remained $1 0 a ton 'for grapes, while in preprohibition days they got only in our books we owed a duty to enforce them by granting suffi­ ~20 a ton! Is it the "moral force" of the Nation that speaks cient funds to at least attempt their enforcement, and that when California votes dry? Well, hardly! I say advisedly ·ufficient time bad not elapsed. to warrant a conclusion as to that the old forces of corruption that were formerly behind the their enforceability or the attitude of tlle country toward the aloon are now arrayed on the side of the Anti-Saloon League. innovation. The wine growers, the brewers. and the bootleggers stand side To-day, ~Ir. Chairman, I state it as my positive conviction by ide, impregnably for defense against the assault upon tile that any l\lember of this body, who believer that prohibition as prohibition barriers. [Applause.] it e:xi ts in law to-day is contrary to the wisl1es of the majority Mr. LAGUARDIA. Mr. Chairman, will the gentleman yield of his constituents or the people of his country, is in honor right there? bound to vote against this appropriation and every other step, .Mr. GRIFFIN. I am afraid I have not the time. howe;er ~all OI' procedural, which is put forward for the :Ur. LAGUARDIA. These wine gt·owers and the wine dealers purpose of carrying prohibition into effect. I a sure ron, gen­ and those engaged in the transportation of their products to tlemen, I have not arrived at ... uch a conclu. ion without the the coast of my State, every one of them, directly or indirectly, greatest deliberation and extensive exchange of views with my is a bootlegger, is he not? colleagues. Once I arrived at tbe conclu:'ion, however, that our Mr. GRIFFIN. Perhaps. .As to the indirect referenda, we people were against thi law, logic leads me inevitably to-no had a conyincing vote in PennsylYania on the prohibition issue, other conclusion than that they were al o against its enforce- 1926 COXGRESSIO:N AL RECORD-ROUSE 191 rnent. To be opposed to a law and, at the same time, to as51st States contain not less than one-fourth of the population of the in carrying it into effect is an anomalous theory of the duty of United States. No more extensive test on any question was n Representative to which I, for one, can not subscribe. ever taken in the history of our country or any other country "\Vllo of us to-day would vote one dollar to enforce any of the in the world. What greater te3t do you require, gentlemen, obsolete blue laws which remain on our statute books and with before you are willing to accept it as a mandate of the people? which our people are indisputably out of sympathy? If it were Do you want every nose in our Union and its possessions nothing else, it would be a willful waste of public funds. counted before you concede the question has been substantially If we were called upon to vote upon an appropriation for a answered by the real rulers of our country? great dam to de'lelop water power and the evidence convinced What business man would not accept such a widespread and us the dam would not hold the water sufficiently to produce extensive test to guide him in his affairs? When over 64 per tlle power, would we be doing our duty to vote for the project? cent of the total vote cast in the Union is an expression against What are the premises, it will be asked, upon which I base prohibition, can we ignore it? Can any Member of this body, my conclusion that the people of my State and the :people of my even though the test was not taken in his own State-yes, even country are opposed to prohibition and consequently opposed to though his State spoke on the question before the adoption of its enforcement? Take my own State, that great Empire itself. the eighteenth amendment-totally blind his eyes and stuff his· One doe not think of America without at the same time think­ ears against such a clarion ·call? Do you not realize that ing of New York and the unparalleled position she holds in the sentiment in this question has been changing from day to day! Union. Greatest of all her sister.s in population, resources, and ·whereas in those States which held referenda on November 2, position her 'lOire can not ring materially out of harmony in our 64 per cent voted in opposition to the prohibition of to-day, great chorus of 48 Commonwealths. only 42 per cent 'Voted in opposition to State prohibition before On No'lember 2 her people for the first time were permitted the coming of the eighteenth amendment. What proof do you to express their will on the question of prohibition. This op­ want as to this change of sentiment? Or are you still led portunity was granted reluctantly by a Republican legislature blindly by those who have made prohibition a profitable whose Republican predecessors had ratified the eighteenth business? · amendment and stubbornly opposed any expression of the As each State is an index of the sentiment prevailing in every people at the poll:-;. The author of the question was none other other State, so is the attitude of one country not materially dis­ tllan the greatest renowned of all living Republicans-Elih• similar from that of other countries. Wherever prohibition Root. The final scene in the struggle to permit the voters to has been tried throughout the world it has been found a dismal express their will was performed by that greatest of all gover­ failure. I call to witness Greenland, Norway, Finland, Turkey, nors, the outstanding Democrat of our time-Alfred E. Smith. Russia, Siberia, Canada, and now our own United States. [Applause.] 011, I am aware of the arguments advanced at Where has it been born and lived to maturity? If it has not the time that the question submitted was not comprehensi'le­ died in childbirth, it has passed a way at reaching the age of that it only reached out in a limited way toward a determina­ reason. 'Vhat more proof do you want, gentlemen, of the tion of our attitude toward prohibition-but let us assume it futility of this experiment? wa. submitted on the theory of "one step at a time." The The people of Kew York have merely asked you to restore highest judicial tribunal of our State held its submission legal to them their inalienable right of dealing with this question. and proper. Our people met the issue and expressed their will. They a 'k no more . . They are willing your States retain their The question submitted was imply this : sovereign right to meet this problem as you will. Shall the Congress of the United States modify the Federal This is no new doctrine of government. It is as old as our act to enforce the eighteenth amendment so that the same shall country itself. It was iterated and reiterated only a few days not prohibit the manufacture, sale, transportation, im!)ortation, ago by none other than our Chief Executi'le, when, in his mes­ or exportation of beverages which are not in fact intoxicating sage to Congress, he said : in accordance with the laws of the respecti\e States? And now, gentlemen, what was the result? Everyone is aware that abuses exist and will exist so long as we Out of a total 'VOte cast at the polls of 2,907,790 there were are limited by human imperfections. Unfortunately, hum!l.n nature l,'ij13,070 who voted in fa'lor of the t•eferendum, 598,484 who can not be changed by an act of the Legislature- voted against it, and 54.6,236 voters who failed to register tlleir Mark you well, gentlemen- opinion. The plurality in favor of the referendum was there­ When practically the sole remedy for many evils lies in the necessity fore 1~164,586. It was carried in 42 of our 62 counties, many of the people looking out for themselves and reforming their own of which ha'le voted ''dry" under local option laws before abuses, they will find that they are relying on a false ecurity if the the eighteenth amendment, and the vote was very close in Goyerruhent assumes to hold out the promise that it is looking out 9 rotmtieH. So the great metropolis did not alone determine for them and providing reform · for them. This principle is pre­ the issue. No one can say this is any uncertain expression eminentlr applicable to the National Government. It is too much of opinion. Rather is it so overwhelming as to leave no doubt assumed that becau e an abuse exists it is the business of the National as to the attitude of the 'VOters of the entire State of New York. Government to provide a remedy. The presumption should be that And it is of interest, gentlemen, in this connection to recall it is the business of the local and State governments. Such national to you the loudly heralded statements of the Anti-Saloon League action results in encroaching upon the salutary independence of the and the other fanatics on this question that "their" people, States and by undertaking to supersede them national authority fills tlle "drys," the "churc·h" crowd, would refrain from voting, the land with bureaus and departments which are undertaking to do and they were so advised to do. An analysis of the vote will wilat is impossible for them to accompli.,h and brings our whole system prove one of at least two things, either that they disobeyed their masters and did 'Vote, as over half a million voters ·were of government into disre5pect and disfayor. • • • Permanent I'egistt'red against the propo •al, or that the number wllo obeyed success lies in local, rather than national action. Unless the locality thi:-{ 1m-American advice of refraining from one's duty as a riJ'e to it own requirements, there is almost irresistible impulse citizen constitute but a comparatively small minority, because for the National Government to interyene. The States and the Nation ~hould both realize that such action is to be adopted only as a last if e'lery person who did not vote on the referendum had voted resort. "no "-and there is no reasonafile belief that they would have so voted-the referendum would still have carried by 618,350, a Can anyone honestly say that in 1918 the liquor question had greater plurality than that e'ler received by any other question become such that the Nation had to step in "as a last resort"? ever submitted to the voters of New York. WuB it not well taken care of in practically all of the States Am I as a Repre~.;entative not bound by such a mandate? If of the Union? Indict your own State, if you answer " No " ! the people of my State declare they are oppo ·ed to a law shall Ob, I shall not attempt to deceive you ; the President was not I continue to 'Vote for its enforcement? Is it any answer that talking about prohibition. But every syllable, every word. the referendum pertained probably at most to beer and light every phrase, and every sentence he u ed could be identically wine and that thi · appropriation will be used to enforce the applied to that subject, and must reflect the deep-down senti­ law against the illegal sale of hard liquors? Oh, no, gentlemen ; ments of the President· himself and every public official who becnu e the money you propose to appropriate will also be used really understands the underlying principles of our Government. to prevent the sale, and necessarily the consumption, of any When the Pre. ident did come to discuss prohibition later beverage, including beer and wine, that contains over one-half in his long message, he astutely refrained, as he has consist­ of 1 per cent of alcohol. A di'lision being undoubtedly impos­ ently done heretofore, from stating where he stood on the sible, a:-; I am against an 1useparable part, I must be against que. tion. "rhether he is for "modification" or for "repeal" the whole. or is "dry., we shall never know unless, possibly, he is a can­ l\l.v fltate was not the only one in the Union in which the didate to succeed him ·elf. Until his fate shall be decided in voter., were afforded an opportunity to express their will, and .convention assembled the Nation will continue to be deprived with ~ubstanti:11ly the same trsult in nearly every instance. In of any knowledge of the great secret carefully locked in his half a dozen other States referendums were held. · Those political hearl 192 COXGTI.ESSIOX AL RECORD-HOlJSE DECE:lliBER 9 In bis me.:.:sage, howe\er, the C'bief Executive l1arped upon the member. of the Committee on the Po:-t Office and Post tht- same old profitable ~logans of the Anti-Saloon League-­ Roads, wh-ether they be dry or wets, in giving a little Ohristmas luw of the land, enforeemffit of law, ob. ervance of law, sup­ cheer to our faithful post-office employees of the United States. porting the Con titution, and the sanctity of our oath of office. [.Applause.] Like the cry of patrioti-m the bogey of fear is the la, t The CHAIRMAN. The time of the gentleman from New re.·ort of tho._ e who would en ·nare our public officials. If York ha~ expired. rea~on and p rt:uasion do not suffice. u~e threat and intimida­ lli. BYRNS. Mr. Chairman, I yield the remainder of my tion ! Shout " nullification" ; bellow "trea:-on " ! How ridicu­ time to the gentleman from :Massachun~tts [Mr. CONl\LRY]. lon.· it will all seem to us in only a few ye.ars! The nullifi­ The C'IIAIR.:\f.AN. The gentleman fi·om Ma achu etts is cntionist of to-day will then be a defender of our Union-the recognized for fi-ve minutes. traitor will be the pah·iot. Mr. CO~""XERY. lfr. Chairman and gentleman of the com­ Only recently Fabrian Franklin, author and editor, had the mittee, I lic;;tened very attentively to the remarks of the dis­ con rage to say : tinguished gentleman from New York [Mr. GRIFFIN], in which Cull it nulllflcatlon 1f you will; there are times when a courRe for he quoted tati tics showing the victories for modification on "hieh -r:e have no better name than nullification is the only remedy referenda throughout the different State of the Union. I have for intolerable evil or intolerable wrong. Such wa • the case with been askerl frequently by my colleaguec;; since I returned to this 1he fugiti're slave law; uch was the case with the Negro suffrage :::;ession of Congre ·s what the situation waR ill Massachusetts anH•ndmE>nt in the South. Whether by formal nullification through the at the la t election in reference to prohibition. because of the date legislatures or by the direct action of the people, these laws fact that Alvin T. Fuller, a Re1mblitOsom of their families on Christma Day. For the first time the Volstead Act-they want a sane law for the Amet·ican in years the father of the family was pre~ent at the distribu­ people to live under, not the return of the old-time saloon but tion of the Christmas gifts. They ask you this year to give a law which they can re. pect-and, secondly, because they them that "arne privilege, that they may be present on the wanted to repudiate the Republican a bm P nts. The CHAIRl\IAN. All time has expired and the Clerk will I have shown you that four year ago the Republican vote read. for governor was G2.3 per cent of the total, and that two years The Clerk read as follows: ago it was 56 per cent. In the face of this solemn appeal to Yor expenses incident to the discharge of the duties imposed upon the people of l\las. achusetts they cast this year a vote of ti8.8 the Secretary of the Trea..,ury by the transportation act, 1920, the per cent for the Republican candidate fur governor, and only Federal control act, approved March 21, 1918, as amended, and for 40.2 for the Democratic candidate, with 1 per cent for other expenses arising in connection with loans and credits to foreign gov­ candidates. There is the answer of l\las achusetts. (Applau ·e.] ernments under the Liberty loan acts and the Victory Liberty loan l\Iy Democratic colleagues from Ma sachu ·etts will no doubt act and in connection with credits granted or conditions enlered into be equal to the simple mathematical problem of bow long it under the acts providing for the relief of populations in Europe and will take with an increase of 3 per cent eyery two years in the contiguous countrie , and in connection with credits granted or condi­ Republican vote for governor to make our State unanimou.c;;ly tions entered into under the act providing for the sale of surplus Republican. It will take only 28 years before at that rate the war material, including personal services in the m ~ trict of Columbia, Democrats disappear from the political horizon of Ma sachu­ '7,640. . setts. (Laughter and applause.] Mr. MADDEN. Mr. Chairman, I moYe that the committee Ah, but you say there were personal factors entering into the gubernatorial ituation. Turn then to the vote for Repre­ do now rise. . sentatives in Congress and see whether they were instructed. The motion was agreed to. Four years ago the Republican canilidates got an aggregate of Accordingly the committee rose; find the Speaker having 58.7 per cent of the total cast for Representatives. Two years re lliDed the chair, Mr. SKELL, Chairman of the Committ~e of later their aggregate fell off 1 per cent or so, to 57.6. This the Whole House on the state of the Union, reported that that year their Yote was 59.3 per cent. committee had had under consideration the bill (H. R. 14557), How were we in tructed? making appropriations for the Trea m·y and Post Office Depart~ Now as to the campaign. Who exerci-·ed the most influence ments for the fi. cal year ending June 30, 1928, and for other in the campaign? Who made the strongest statement in the purposes, and had come to no resolution thereon. campaign? The most powerful declaration in Massachusetts LEA'\"'E OF ABSENCE on a moral issue since the days of the Abolitionists, was made in this campaign by a Roman Catholic priest, Father Ca ·sidy, By unanimous consent leave of absence was granted to Mr. of Fall River, who begged and demanded that the men and :MoNTGOMERY, at the request of Mr. GARBER, on account of women of the State 8hould vote on the dry side of this ques­ illness. · tion, that because of ft they mould vote against Gaston and SALARIES OF U:viTED STATES JUDGES vote against all the wet candidates. Never in a discussion of The SPEAKER. A number of bills similar to the judges' this subject on this floor have I heard that statement matched salary bill, which wa passed this afternoon, are still on the for eloquence, force. and logic. It drew thou anus of votes to calendar, and without objection they will be laid on the table. the dry side. There was no objection. LXVIII-13 194 CONGR.ESSIONAL RECORD-HOUSE DECE~IBER 9

TENTH REPORT N.ATIOXAL COMMISSIO~ OF FL.~E ARTS To the Congress of the United States: The SPEAKER laid before the House the following message .As requil·ed by section 21 of the act of Congress approved from the Pre ident of the United States, which was read, and, Augu~t 29, 1916 (39 Stat. 545), entitled "An act to declare the with the accompanying papers, referred to the Committee on purpose of the people of the United States as to the future the Library: political status of the people of the Philippine Islands, and t<> To tlte Oonure.ss of the U.nited States: provide a more autonomous government for tho ·e islands," I transmit herewith, for the information of the Congress, the re­ I transmit herewith, for the information of the Congress, port of the Governor General of the Philippine Islands, includ­ the tenth report of the Kational Commi ·sion of Fille Arts ing the reports of the heads of the departments of the Philip­ <:overing the period July 1, 1921, to December 31, 1925. pine government, for the fiscal year ended December 31, 1925. CALVIN CooLIDGE. I concur in the recommendation of the Secretary of War that 'l'BE WHITE HOUSE, December 9, 1926. this report be printed as a congressional document. ClVlL GOVF..J.~~ lENT l!'OR PORTO RICO CALVIN CooLIDGE. 'l'he SPEAKER also laid before the House the following THE ·waiTE HousE, Dece1nber 9, 1926. message from the Pre ·ident of the United States, which was BUREAU OF EFFICIEXCY read, and, with the accompanying papers, referred to the Com­ The SPEAKER also laid before the Hou~ the following mittee on In;ular Affairs. mes..,age from the President of the United States, which was To tlte Oongress of the United States: read, and, with the accompanying papers, referred to the As required by section 38 of the act approved .March 2, 1917 Committee on the Civil Service. (39 Stat. 951), entitled ·• An act to provide a civil govern­ To the Oonuress of the United States: ment for Porto Rico, and for other purposes," I transmit As required by the· acts of March 4, 1915, and February 28, herewith certified copies of each of nine franchises granted 1916, I transmit herewith the report of the United States bv the Public Service Commission of Porto Rico. The fran­ Bureau of Efficiency for the period from November 1, 19~, to ebi-:e: nrc described in the accompanying letter from the Sec­ October 31, 1926. retary of 'War tran ·mitting them to me. CALvn- CooLIDGE. CALVIN CooLIDGE. THE WHITE HOUSE, December 9, 19.~6. THE 'VHITE Hous~, December 9, 1926. CIVIL GOVERNMENT FOR PORTO RICO NATIONAL ADVISORY COMMITTEE FOR .AERO~Au'riCS The SPE.A.KER also laid before the Hou e the following The SPEAKER also laid before the Hou. e the following message from the President of the United States, which was roes ·age from the President of the United States, which was read, and, with the accompanying paper , referred to the read, an71) read, and, with the accompanying papers, ordered printed and referred to the Committee on Foreign Affairs: The SPEAKER al o laid before the House the following mes­ sage from the Pre.. Jdent of the United States, which was read, To the Congress of the United States: and, with the accompanying paper;;:, ordered printed antl re­ I transmit herewith a report concerning the claims against ferred to the Committee on Insular Affairs. the "Guited States presented by the German Government on 1926 CONGRESS! ON AL RECORD-HOUSE 195 behalf of the heirs or representatives of the German nationals, By Executive order dated November 13,_ 1926, the limits of John Adolf, Hermann Pegel, Franz Lipfert, Albert Witten­ customs collection district No. 27 (Los Angeles), with head­ burg, Karl Behr, and Hans Dechantsreiter, for various quarters at Los Angeles, Calif., were extended to include all amounts aggregating $461.59, which have been covered into the that part of the State of California lying south of the north general fund of the Treasury Department as required by the boundaries of San Luis Obispo, Kern, and San Bernardino statutes relating to the disposition of effects and unpaid Counties, and the limits of customs collection district No. 28 wages of deceased seamen on American vessels, it appearing (San Francisco) were modified to comprise all of that part of that each of the German nationals referred to lost his life the State of California lying north of the north boundaries of while in the status of seaman in the Ameiican merchant San Luis Obispo, Kern, and San Bernardino Counties, effective marine. The report requests that the Congress be asked to December 1, 1926. authorize the appropriation of the sum necessary to pay these All of the above changes were dictated by considerations of claims. economy and efficiency in the administration of customs and I recommend that, in order to effect a settlement of these other statutes, with the enforcement of which the Customs claims in accordance with the recommendations of the Secre­ Service is charged, as well as the necessities and convenience tary of State, the Congress authorize an appropriation of the of commerce generally. sum of $461.59: CALVIlYCOOUDGE. CALVIN CooLIDGE. THE WHITE HousE, Decem-ber 9, 1926. THE WHITE HOUSE, December 9, 1926. B:&L,CH BANKING ()H.A:!IIGES IN ORG.A.NIZ.ATIO~ OF CUSTOMS SERVICE (H. DOO. NO. 573) Mr. MORTON D. HULL. Mr. Speaker, I ask unanimou con­ The SPEA.KER also laid before the House the following sent to extend my remarks in the Rmo&D by inserting therein. me age from the President of the United States, which was a speech prepared by me and delivered before the Ameri­ read, and, with the accompanying papers, ordered printed and can Bankers' Association, at Los Angeles, on the subject of refen·ed to the Committee on Ways and Means: branch banking. To the Congress of the United States: The SPEAKER. The gentleman from lllinois asks unani­ The sundry civil act approved August 1, 1914, contains the mous consent to extend his remarks in the RECoRD in the man­ following provisioru , viz : ner indicated. Is there objection? There was no objection. The President is authorized from time to time, as the exigencies of Mr. AlORTON D. HULL. . Mr. Speaker, under leave granted the st>rvice may require, to rearrange, by consolidation or otherwise, I insert herewith an aQ.dress prepared by me and read before the several customs collection districts and to discontinue ports of the American Bankers' Association at Los Angeles, Calif., as entry by abolishing the same or establisbing others in their stead: follows: Prcrrided, Tbat the whole number of customs collection districts, ports of entry, or either of them, shall at no time be made to exceed those •• Branch banking is in its essence monopolistic. To say that if a now established and authorized, except as the same may hereafter be large proportion of the banking ~terests of a State are centralized in provided by law: Provided further, That hereafter the collector of cus- ~e hands of five or six or a dozen branch banking institutions, and toms of each customs collection district shall be officially designated by that these institutions will not combine, either as a result of direct the number. of the district for which ·be is appointed and not by the conferences or agreement or of mutuality of interests, is to ignore the name of the port where the headquarters are situated; and the Presi- fundamental basis of human action. If any lessons are to be drawn dent is authorized from time to time to chan~ the location of the from the development of large industrial enterprises in the United headquarters in any customs collection district as the needs of the States, it is that· the principle of centralization, when once inaugurated, st>rvice may require: And provided further, That the President shall, will proceed, unless interfered with by government action, to a point at the beginning of each regular session, submit to Congress a state- of complete concentration in an individual or a group dominnted by an ment of all acts, if any, done hereunder and the reasons therefor. individual." The statements I have read to you are not the fulminations of some Pursuant to the requirements of the third proviso to the said demagogue but ·are the thoughtful -utterances of a mah of financial provision, I have to state the following c-hanges in the organi- experience, of sound business judgment, of keen human understanding, zation of the Customs Service have been made by Executive and of temperate speech, Mr. Henry M. Dawes, former Comptroller of order since the last report. the Currency. Bv Executive order dated December 15, 1925, Boothbay was It is because we believe Mr. Dawes was right tn his opinion that aboii. bed as a port of entry in customs collection district No. branch banking is monopolistic in character and that it leads to a 1 (Maine and New Hampshire), and the port limits of Bath highly centralized control over the fortunes of industry and of men were extended to include Boothbay and Wiscasset, with head- and is Inimical to the interests of our country that some of us have quarters at Portland, Me., effective January 1,-1926. sought tn any grant of branch-banking powers to national banks to By Executive order dated February 25, 1926, Koloa, on the confine such grants of powers to national banks in present infected Island of Kauai, was abolished as a port of entry and Port territory and to discourage the future extenSion of branch banking into Allen created a port of entry in customs collection district No. territory not now permitting it. 32 (Hawaii), witli headquarters at Honolulu, Tenitory of Ha- The effort to confine branch banking to present infected territory has wail, effective 30 days from the date. of the order. been put into definite form in certain proposals in the McFadden bill, By Executive order dated March 23, 1926, Darien was abol- commonly knoWn -as the Hull amendments. Briefly, these amendments ished as a port of entry in customs collection district No. 17 classify all banks, State and National, into two classes: Those located (Georgia), with headquarters at Savannah, Ga., effective 30 in States where State laws permit branch banking and those located in days from the date of the order. · States where State laws do not permit branch banking. State laws By Executive order dated April 19, 1926, Baudette, Minn., permit branch banking in 22 States and do not permit branch banking was created a port of entry in customs collection district Na. 1n 26 states. 36 (Duluth and Superior), with headquarters at Duluth, Minn., To national banks the Hull amendments, in effect, say, 41 If you effective 30 days from the date of the order. are located in States where, at the time of the approval of this act, By Executive order dated August 12, 1926, the limits of the you are suffering from the competition of State banks with branches, port of Wilmington, Del, a port of entry in customs collection you, too, may have branches in cities of 25,000 or more, but not district No. 11 (Philadelphia), with headquarters at Philadel- otherwise." To State banks the Hull amendments in effect, say, phia, Pa., were extended to include the towns of New Castle, "We welcome your present and continued menibershlp in the Federal Newport, and Claymont, in the State of Delaware, and Carneys reserve system; but if you are located in States not at the time of Point and Deepwater Point in the State of New Jersey, effective the approval of this act permitting branch banking, you may not September 1, 1926. take advantage of any subsequent change of the law of your own By Executive order dated September 1, 1926, Orange, Tex., State and thereby acquire the right to do a branch banking business and Beaumont, Tex., were created ports of entry in customs and at the same time maintain your membership in the Federal collection district No. 21 (Sabine), with headquarters at Port reserve system. If you value your membership in the Federal reserve Arthur, Tex., effective 30 days from the date of the order. system, you must forego branch banking; if you take up branch bank· By Executive order dated October 2, 1926, the name of the ing, you must forego membership in the Federal reserve system. port of Tia Juana, Calif., in customs collection district No. 27 The Hull amendments, in effect, give powers to national banks where (Los Angeles), with headquarters at Los Angeles, Calif., was powers are now necessary -to meet the competition of State banks, changed to San Ysidro, Calif., effective 30 days from the date but seek to make identical the interests ot national and State banks of the order. in States not now permitting branch banking to maintain the status By Executive order dated October 2, 1926, Sitka, Alaska, was quo in such State&-in other words, in maintaining the independent created a port of entry in customs coll~tion district No. 31 banking system. (Alaska), with headquarters at Juneau, Alaska, effective 30 I It should be observed that the Hull amendments are not destruc­ oays from the date of the order. tive in their character or effect. They seek to undo nothing already '196 CONGRESSIONAL RECORD-HOUSE DECEI\IBER 9 done. They represent a practical compromise with an existing situa­ with hypothetical posslbilitJes. Everyone here knows, and lf he does tion, a compromise made necessary by the !act that 48 States, as well not know, I speak out of 20 years' legislative experience, and I will as the National Government, have power to pass laws tor the charter­ tell hlm so, that no economic proposal ever comes to a legislative body ing of banking institutions. Sometime in the future the Federal walking on its own hind legs. It has always come tn the portfolio Government may boldly take over the whole power of legislating of some legislative lobbyist representing some economlc group hoping for banking institutions, both State and national, but that time has to gain by its passage. If the possibility of profit 1s absent, as it would not yet arrived. be in States not now permitting branch banking in case the McFadden To the Hull amendments, as I have briefly outlined them, certain bill with the Hull amendments is law, the mottve for passing an act objections have been made. One of the e objections is the lack of permitting branch banking in the 26 States not now permitting it wiU nniformity which would result in the banKing practice among national be gone, and no such act or acts are likely to be pas ed. I speak with banks throughout the United States. One distinguished Senator who confidence when I say that the inclusion of the Hull amendments in has opposed these amendments has described that lack of uniformity the llcFadden bill will stop a further extension ot branch banking into as being similar to that described by Lincoln in his famous phrase­ territory where it is not now permitted. One objector to these amend­ "a Union half slave, half free." We think the Senator whom we ments bas stated that it would freeze the situation as it is. I accept have quoted is unhappy in his quotation from Lincoln. For it sug­ his de ·cription. gests the natural inquiry as to which States would be similar to the A further objection to the Hull amendments is based on the assertion slave States and which States would resemble the free States-which that branch banking is a perfectly natural economic development, and States would represent economic freedom and which States would being a natnral development it is assumed that it is a perfectly in­ represent financial servitude. I think that question will answer itself evitable development. Assumed to be an inevitable development, the in your mind. as it does in mine. argument is, Why stand in its way? We are perfectly willing to admit We admit the desirability of uniformity of banking practice when it that branch banking is a natural development. So are all forms of can be bad without undesirable results, but we see no requirement of monopoly natnral developments. But natural and desirable and in­ uniformity based on any argument of essential justke as long as banks evitable are not synonymous words. Because a tendency is natnral it are competing on even terms with other banks of their own neighbor­ is not necessarily desirable, still less inevitable.. The whole history or hood. Banking is eesentially a local business. Banks are local institu­ our civilization is made np of restrictions put upon perfectly natnral tions. 1.'1H•y draw their deposits from their own neighborhood. Their de>elopments. Children born out of wedlock are frequently called borrowing customers come from their own immediate vicinity. They natural cijildren, but the bearing of children of that kind is not con­ are competing in busine s with other banks of their own neighborhood, sidered socially desirable. Weeds in a garden are a perfectly natnral and not with banks of other States. We see, therefore, no reason development, !Jut the gardener digs them out. Branch banking is a founded in essential justice requiring uniformity throughout the noxious growth in our financial field, and if, perchance, it is nec­ count·ry. essary to recognize it, it is not necessary to encourage an extended It should be noted that the situation immediately following the growth. passage of the McFadden bill, either with or without the Hull amend· A still further arguiMnt used against the Hull amendments is that ments. would be exactly the same so far as uniformity among the States they are an impairment of the rights of the State. This argument was is concemed. The lack of uniformity in banking practice would exist so feebly pres ed and is in itself so absurd that we do not feel it neces­ in either event. National banks in 22 States would be permitted to sary to. give it much attention. If it is the right of the Federal Gov­ have branches and in 26 States would not be permitted to have branches. ernment to legislate for the cor~:ection and protection of a national But there would be this difference in the two situations-that under banking system, it is certainly its duty to make any reasonable condl· the :McFadden bill without the Hull amendments there would be a tions with reference to the membership of State banks in the Federal natm·al inducement held out to the big national banks in States not reserve system that wfll help protect the reserve system and protect permitting branch banking to join the big State banks in a campaign national banks against unfair competition. in their respective State capitals for the grant of branch banking privi· The struggle between those who are urging branch banking and those leges. As one Congressman bas said, there would be a branch banking who are opposing it is something more than a struggle between the big lobby in every State capital of 26 States. The steady extension of fish who wish to swallow the little fish and the little fish who do not the practice of branch banking would go on in both national and State wish to be swallowed. It is a fight that pro.foundly affects the economic banks under the inducements of Federal legislation. With the Hull and social life of America through its effect upon business. It is a amendments made a part of the law we could confidently expect that fight for the business man of Sllk'lll and moderate-size operations, for that tendency would stop. We would stabi~e the situation at the his prosperity and well being. pre ent state until we have bad a larger experience and a better under· Big business, with its inspiring leadership by really big business men, standing of branch banking. Finally, it should be noticed that Congress counts much in the prosperity of this co.untry. But the small and does not divest itself of power to meet any situation that may arise. moderate- ize business enterprises of our country, built upon the cour­ It simply notifies the banking world that the power to do a branch age, sagacity, and enterprise of the ordinary man, count more. It is banking business will be granted hereafter with reluctance. The Hull for this man the opponent of branch banking is fighting; it is this man amendments are an assertion of a purpose by Congress to retain for who bas made possible the marvelous development of America. lie has itself the right to fix the powers of national banks, instead of handing accomplished great things, because here, as nowhere else in the world. that right over to the various States. What would you say of a Con· the warm sunshine of opportunity bas brought out the latent and gress that passed an act that said, "We authorize the incorporation of unseen powers of the ordinary man. Opportunity is what America has national banks, but all their powers shall be fixed by the law of the IMant to mankind. Opportunity is what the independent community State in which they are located?" If you regard tbat as absurd, why banking system menns to American business. should you regard as absurd a purpose by Congress to retain for itself In the more primitive stages of our country's development a stron;; the power to determine bow much further branch banking shall be arm, a stout heart, a riile, and a few tools were all a man needed. extended? He could go out into the wilderness and build a home and make a 1.'he one way in which uniformity can be effected in the practice of fortune. The rich resources of prairie, stream, and mountain were his national banks in the near future is by providing that national banks far the asking. IIis capital requirements were none. It is needless to shall haTe branch banking without re!'erence to State law. That has, . say those days have gone never to return. Land of rich soil costs indeed, already been urged. If there are any in this audience who are money-the gold bas been washed out of the California sands. A man opposed to branch banking but who are liTing in the illusion that, must have capital now to develop anything no matter wllat his iudi· so far as they are concerned, this whole discussion is of no importance, vidual genius may be or how strong his arm or stout his courage. becau::-Jc, forsooth. the law of their own State does not only not permit The reservoirs of credits are the banks. To secure credit a man must branch banking but actnally prohibits it, and furthermore because the be known. His courage, enterprise, and sagacity can be known only law of their own State on banking can not be changed v;itbout a ref­ to his neighbors-to those who know him. It is at this place that erendum Yote, let me suggest that they are Jiving in a false ecurity. the branch-banking system fails. The hired clerks of branch banking Should the McFadden bill be passed without the Hull amendments there can not with safety be given authority to make commercial loans. The will result naturally an increase in branch-banking influence and absentee officers of the central bank can not well judge of credits far branch-banking political power throughout the country, following whicll away. Furthermore, it takes time. It is at this place that branch the next inevitable step would be the granting to national banks branch­ banking fails, and it is at this "place that the independunt community banking privileges without reference to State law. bank serves its great purpose. It gives to the ordinary man the ability Another, and the most plausible, argument against the Hull amenf!­ to know, and to know quickly, what his credit is and how far he may ments is usually stated in the form of a question : What if 1 or more go. It gives him credit where be could not get it of a branch bank. of the 26 States not now permitting branch banking should subse­ '.rhe economic independence of the average small business man is what quently change its laws so as to permit such practice? Assuming that the independent community banking system stands for and what the the Hull amendments were a part of the Federal law, would you not opponents of branch banking are striving to maintain, and the fight is in such case seriou ly embarrass the national bankll in such States? not yet over. Anyone can ask a hypothetical question that will make the most ele­ As justification of m,.. own appearance before this body of bankers mentary proposition of good sense look absurd, and the question askeu may I be permitted to say that the question at issue is not one requir­ is one of that class. We are dealing with human probabilities and not ing the testimony of experts. It is simply a question of public policy 1926 CONGRESSIONAL. RECORD-HOUSE 197 tn which the opinion of any thoughtful man with vision enough 'to southern cotton farmer on a sil>er waiter $75,000,000 of Government look just a little way ahead is as much entitled to respect as the money to be -used as a revolving fund for handling surplus cotton. opinion of the greatest experts. It is a question whether you wish to In the bill as amended the necessary machinery was provided to put the funds of the many millions of our people into the financial make effective buying, storing, and handling of surplus commodities control of a very, very few. Perhaps that control would be wise. by operating through cooperative association~;~, subsidiades of coopera· Those who srek that control undoubtedly think so. Perhaps it would tive associations, or other business organizations. If the bill as be wise, too, if we gave up our political democracy and vested all amended bad passed, to-day we would have a $75,000,000 revolving political powers in the hands of a very few. In my opinion we are fund to take the surplus oft' the market, carry it until it was n~eded, not ready to do either. stabilize the market at fair and profitable prices, and at the end of two years we would have a system whereby the southern cotton farmer ADDRESS OF HO~. LISTER HILL, OF ALABAMA on his own resources could permanently protect himself against market Mr. McSWAIN. :Mr. Speaker, I ask unanimous consent to demoralizati<>n. .As Mr. B. W. Kilgore, the president of the .American extend my remarks in the RECoRD by: printing therein, an ad­ Cotton Growers' Association, well says, the $75,000,000 would ha'\"e dress delivered by the llon. LISTER HILL, a Representative bought outright at prevailing prices one and one-quarter million bales from the State of Alabama, on the 12th of November, 1926, of cotton, and by securing from commercial sources loans of 50 per relating to the economic situation of the cotton-producing cent of the value of cotton, which could have easily be€n done, two States. and a half million bales could have been taken off the market. As :.Ur. The SPEAKER. The gentleman from South Carolina asks Kilgore further says, this would have had a material and unquestioned unanimous consent to extend his remarks in the REcoRD in the effect in increasing the price of cotton. !Ion. Clarence Ousley, of Texas, manner indicated. Is there objection? a distinguished agricultural economist, well says: " I have never been There was no objection. as enthusiastic about the Haugen bill as some of its supporters, but I Mr. McSWAIN. Mr. Speaker, under leave granted me, I am confident that if CongreSl3 had passed that bill and provided tbe insert herewith a speech of Hon. LISTER HILL, of Alabama, on the initial Government appropriation as authorized we could retire 3,000,000 cotton ~ituation delivered over the radio at the Alabama Poly­ or 4,000,000 bales of this year's crop." Ex-Governor Lowden was a technic Institute at Auburn, Ala., on the evening of November devoted and vigorous advoeate of the Haugen bill, and it is therefore 12, 1926: not surprising to read from him in the article to which I have referred, ECO:-IOMIC SITUATIO:!'l IN COTTON STATES the following: " If there were not surpluses some years, there would ~Ien everywhere are anxiously wondering bow far suffering and be a deficiency in others, and then the world would be lacking in ruin will follow in the wake of the present incredibly low price of sufficient food and clothes. If, however, the farmer alone must bear cotton. They know that during the last six years American farmers the crushing burden of a surplus under the slow operation of economic earned an average of exactly one·half of 1 per cent upon their Jaws, the time will come when there will be no surplus and when the capital investment, and that last year they received for their serv­ world, therefore, will go hungry and half clothed_ So, in. the interest ices, labor, including family labor and management, an average of of socil!ty as well as of the farmer, we must contrive some method only $648 for each farm family. They know that the cotton farmer by wh.ich the surpluses of the essentials of life shall become a benefit earned even less than this. As ex-Gov. Frank 0. Lowden, of Illinois, to him who produces them-not a burden. It is clear that the himself a large cotton farmer in the South and a grain and livestock individual farmer can not do this." But this is the very thing that farmer in the West, says in a recent article in the New York Times: the Haugen bill as amended proposed to do. "Suppose you should awake some morning and find in your morning Other nations have had the problem of a surplus of natural products newspaper a story under these headlines, 'Interest upon corporate and have solved it. A.s Mr. W. L. Bruce, of Catherine, Ala., a leading capital investment reduced from 11 per cent to 3.5 per cent ; wages agriculturist and distinguished thinker, asks in a timely letter to the in industry reduced from $1,250 to $648; wages of those engaged in Selma Times-Journal under date of October 14 last: "How did the transportation reduced from $1,570 to $648.' What a startled and British double and treble the price of rubber? Did the Government aid panic-stricken world you would look out upon. And yet you would them? How did the bankrupt planters of Brazil treble the price of only behold a world reduced to the present status of agriculture." coffee? Did their Government help them? How does Chile maintain We know that of all American farmers the cotton farmer through the price of their nitrates? Does their Government assist them"? The the years has received less pay for his labor than that rec€ived by any Cubans must not grind a stalk of cane until January 1. Who gave other large class of laborers in the United States. Many cotton these orders? " We know that the rubber planters in the eastern colo­ farmers have gone on year after year doing little or no more than nies of Great Britain were practically bankrupt because of the low price breaking even financially. Cotton is produced by the help of tens they were receiving for their rubber. The British Government becam~ and hundreds of thousands of women and children who get a mere interested in their troubles and worked out for them the Stevenson pittance for their labor. In Alabama in 1920, the year of the last plan, whereby the supply of rubber in the markets of the world has Federal census, 382,000 men and 123,000 women were listed as agri­ been adjusted to the actual demands of commerce. As a result of the cultural workers. Many a cotton farmer's wife and daughter work operation of this plan the price of rubber has greatly increased, and no in the field during the planting and cultivating season and again portion of the British Empire is enjoying more prosperity than those during the picking season. Nowhere else in America do so many far-oft' colonies. A few years ago the coffee growers of Brazil found women labor in the fields. themselves in dire distress due to unrestricted competition. The Gov­ Year after year with high courage, with unfaltering heroism, with ernment adopted a plan for centralized selling to adjust the supply to unending devotion the southern cotton farmer has labored, has worked, the world demand. To-day the coffee market of the world is stabilized has toiled, bas poured out the sweat of his Lrow with little or no and the coffee producers of Brazil are happy and prosperous. A.t the reward, because single-handed and alone, try as be would, he has been close of the World War Australia and New Zealand had on hand a vast unable to market his crop so as to receive a fair return upon it. quantity of wool, which threatened disaster to the woolgrowers. There has been but one certain thing about the sale of his crop, and Through the action of the British Government an organization of the that has been that it would be sold to his disadvantage and that be growers for the handling of the huge carry-over was perfected, the would fail to make a living profit upon it. To-day he stands upon the price of wool was stabilized, and the disaster averted. brink of bankruptcy and utter ruin because of the present surplus of The enemies of the Hangen bill as amended denounce it as a subsidy. cotton and the fact that when the crop was gathered he had no sys­ I deny that the grant to the southern cotton farmers of a right to tem with which to wisely and economically take the surplus off the use a $75,000,000 revolving fund for two years is a subsidy in any market. We know that according to Government statistics there is true sense of that word. The grant would merely put cotton farmers no net surplus of cotton over a period of five or six years. The south· on a temporary equality with the producers of other agricultural ~n cotton farmer produces no more cotton than the world needs and products on which there i a tarifr under existing law. We hear no consumes. For the five years 1920 through 1924, this country raised complaint because the Federal Government is to-day operating at a an annual average cotton crop of only 10,984,584 bales. And yet the financial loss barges on the Warrior River here iu Alabama. We surplus which comes some years breaks the price so low as to break the hear no condemnation of the Government having given hundreds ot farmers. In similar manner temporarily unneeded supplies of cotton millions of dollars to build railroads aero s the country. We hear flood the market at times during the year and have a like depressing no charge of subsidy in the spending by the Government of other hun­ effect on price. This comes about because most cotton farmers sell dreds of millions :for the irrigation of great arid areas in the West. at harvest time or shortly thereafter and they can not individually There is no criticism of a subsidy to labor because the Governm·ent put on the market throughout the· year just the amount when and as stopped the flow of immigrants into this country. There is no outcry needed. of subsiuy to the railroads bceause the Government loaned them hun­ The great problem that confronts the cotton farmer is to properly dreds of millions of the people's money and enacted a law giving them market his -crop and to remove the blighting effect of a temporary an assured income. Under the operation of this law, known as the surplus. I believe that the Haugen bill as we amended it and for Federal transportation act, the class 1 roads of the South which which many of us labored and fought in the last session of Congre.ss, own and operate more than 90 per cent of the railway mileage in holds the solution of this problem. I believe that had that bill as the South ha>e been making enormous profits. In 1924 their earnings amended become a law, we would not now witness the distl·ess which amounted to approximately $10,000,000 in excess of the fair rate casts its gloom over the South. The bill as amended handed the of return fixed by the law which is 5%, per cent. In 1925 their '198 CONGRESSIONAL RECORD-HOUSE DECEl\IBEll f) earnings am·ounted to nearly thirty millions of dollars in excess o! the anesthetic used to put him to sleep has a tari.ti on it. When he the fair rate of return and · their earnings up to date demonstrate dies the shroud and casket that inclose his lifeless form have a that they will substantially exceed those o! 192~. Startling as it tariff on them; the material u ed to make the hearse, which carrit>::l may seem under the operation of the transportation act, Southern his remains to the gr.n·e, has a tariff on it; the wooden box which railroads are continuing to increase their rates and revenues wherever incloses his casket has a tariff on it; the screws which go into the it is possible for them to do so in the general revbion of the rates box have a tariff on them; and the spade which digs his grave has a on all commodities now taking tplace in the Southern territory. Just tariff on it. What a &-weet consolation it is for a man to go from thi!i a few months ago when the railroads came to revise the fertilizer world into another conscious of these facts." rates in the South they proposed to readjust the rates in sueh a way On practically everything the farmer uses he pays a tariff Jevy of as to bring to them an additional revenue of more than a million and from 10 to 80 per cent. Is it surprising that some 700,000 farmers a half dollars from the fertilizer traffic alone. have gone into bankruptcy under the operation of the present Fordney- The Interstate Commerce Commission did not grant the railroads McCumber Tariff .Act? A farming population of 2,500,000 people re­ the rates they asked for, but did provide a basis of rates which on duced to poverty and want. because of this discriminatory legislation. the whole will increase the railroads' revenue derived from the ship- 'l'he Fordney-McCumber Act places around this country a tarill wall ment of fertilizer and fertilizer material. The hearings on the trans- so high that it is impossible for foreign nations to ship their goods portation act conducted by the committee of the House of Representa- into America and sell them to us. Each year we must sell to foreign tives on Interstate and Foreign Commerce during the Sixty-eighth nations from 60 to 70 per cent of our cotton. To-day we hold ovet· Congress brought out for the first time the fact that agriculture is one-half of the gold of the· world. Unless the::;e foreign nations can paying more than twice its juat share of the revenue that railroads sell their goods to us and get some of that gold in return they ha,·e receive for freight transportation, agriculture furnishing less than 9 no money with which to buy our cotton. In the taee of this cruel and per cent of the total volume of railroad freight traffic and paying over outrageous subsidy o! the Fordney-::\fcCnmber Act who dares have the 18 per cent of the revenue the railroads receive for freight carried. temerity to complain of the use of the $75,000,000 in the Haugen bill Although there is no cry of subsidy against the transportation act, this as amended? This bill as amended would bring to the southern cotton act must be changed. The Interstate Commerce Commission must be farmer that stability, that prosperity, that happiness to which be i .·o dive. ted of its great and plenary power. That power must be placed entitled and which the Brazilian coffee grower, the Australian wool­ to a large degree in a number of regional commissions sitting through- grower, and the British rubber grower enjoys. The great financial uno out the country, so that the farmer, the merchant, the small shipper ' industrial inte.rests of the East would not permit its passage in the last may have his day in court and protect himself from extortionate freight session of Congress. As Judge William H. Taylor, the nestor of the rat<'S. Furthermore, as Mr. Herbert Hoover, the Secretary of Com- black belt, well said in a letter to the Montgomery Advertiser under merce, said in a far-seeing address in Seattle, Wash., on August 21 last, date of October 18 last: " Big business would have none of it. It the Federal Government must develop our wonderful waterways, that helped the poor." Big business brought all o! its tremendous influence agriculture und the Nation generally may have· the benefits of water to bear upon the Coolidge administration and encompassed the defeat rates so cheap in comparison with railroad rates. of the bill. If there was ever a subsidy on earth, the present high protective When Congress convenes in December I shall return to Washington, tariff imposed by the Federal QQvernm~nt under the Fordney-McCumber taking with me in my mind's eye a picture of the present distressing Act is one. The late Senator Knute Nelson, a rock-ribbed Republican situation, and with heart resolved and purpose fixed I shall carry on from ~linnesota, said of the enactment of this act: "They came with the great fight for the passage of the Haugen bill as ·amended. I shall their handbags, they swarmed the lobbies- of the Capitol, and few if return to Congress to work a.nd to fight for the southern cotton farmer; any left disappointed." Standing on the floor of the Senate a few for him who through the sweat of his brow gives to America her days before the adjournment of the last session of Congress, the great balance in trade and brings into her coffers from distant lands more Republican Senator from Idaho, Mr. BORAH, said: gold than any of her sons; for him who well on the highway of his '· 1 voted against the present tariff bill, not because I am opposed daily toil receives the first greetings of the sun and continues his to the principle of protection but because, first, I am opposed to the weary march through the slow progression of the hours till amidst abnse of it, and from my viewpoint many of the duties were 1nde- the falling shadows of evening he turns his tired steps homeward; for fen'-ible. * • • " him who is a partner with God to liberate the forces of nature and ];ach yeat· under this law $3,!JOO,OOO,OOO are taken out of the clothe the teeming millions of the Republic. pockets of the farmers and consumers of America and poured intq SALARY INCREASES FOR FEDERAL JUDGES the pockets of the great predatory interests. '.rhe tariff on sugar alone costs the hou ewives of this country over $6GO,OOO a day. The Mr. BOX. Mr. Speaker, I ask unanimous consent to extend tariff on ammonium phosphate, a very valuable fertilizer, is $30 a my remarks in the RECORD upon the subject of the judges' salary ton and so hi&h that this commodity can not be imported into this bill, passed this afternoon. country, but is sent out of this country from Warner, N. J., to Japan. The SPEAKER. Is there objection? The tariff is so high that our own farmers can not buy ammonium There was no objection. pho-phate, but Japan can buy it from us. The tariff on ammonium Mr. BOX. Mr. Speaker, this is not a speech. It is a state­ sulphate, another very valuable fertilizer, is $5 a ton. The sameo ment by me to be inserted in the RECORD to show that I opposed p(>()ple who profit from these unjust tariffs on fertilizers combining with and voted against S. 2858, just passed, making heavy increases other selfish interests have kept the Government from carrying out the in the salaries of Federal judges. I wanted to make a speech purpose to which Muscle Shoals was dedicated, namely, to use it for against this bill but only one hour was allowed on each side the farmers, to cut in half the cost of their fertilizers. The dis­ and it was impossible for me to get the necessary time. I tinguished gentleman ft·om Kentucky, Bon. DAVID H. KixcHELOE, on therefore have to content myself with this statement in the January 29 last on the floor of the House of Representatives in dis­ RECORD. This bill increases the salaries of the Chief Justice cus ·ing the tariff and the farmer said : " On every plow, binder, hoe, of the Supreme Court of the United States from $15,000 to rake, wagon, truck, bridle bit, harness buckle that the farmer buys $20,500 per year; the Associate Justices of the Supreme Court he ha ~ to pay either a direct or an indirect tariff. He pays a tariff of the United States from $14,500 to $20,000; the circuit judges on the knives, forks, spoons, dishes for his table. A tariff on his from $8,500 to $12,500; the district judges from $7,500 to tablecloth and on the crockery for his kitchen. If he wants to build $10.000; the Chief Justice of the Court of Claims from $8,000 a home he pays a tariff on all the brick, slate, glass, and nails that to $12,500 ; other judges of the Court of Claims from $7,500 go into same. I! he decides tliat he wants some musical instruments to $12,500; the Chief Justice of the Court of Appeals of the for himself and family, he pays a tariff on that. If he has his horses District of Columbia from $9,000 to $12,500; other justices of and mules shod, he pays a tariff on the horseshoes and nails. When the Court of Appeals of the District of Columbia from $8,500 he buy a pocketknife, a shotgun, an automobile, he pays a tariff on to $12,500; the Chief Justice of the Supreme Court of the that. If he writes a letter, he has to pay a tariff on his pen and District of Columbia from $8,000 to $10,500; the Associate penholder. If he wants to go fishing he pays a tariff on his fishhooks Justices of the Supreme Court of the District of Columbia from and line. And it after a meal he wants a toothpick, be pays a tariff $7,500 to $10,000; the presiding judge of the United States on tlla t. When his wife do{'s the washing she has to pay a tariff on Court of Customs Appeals from $8,500 to $12,500 ; other judges her galvanized washtub, washboard, and soap. She pays a tariff on of the United States Court of Customs Appeals from $8,500 clothesline, as well as the clothespins. I! his wife and the girls want to $12,500 ; and members of the Board of General Appraisers, an umbrella or parasol they pay a tariff on it. It they need some which board functions as the customs trial court, from $9,000 hooks and eyes for their dresses, they pay a tariff on them. If they to $10,000 per year. need pins, even safety pins, they pay a tariff on them. If his wife There is no justification for these Increases. Under the needs some window shades or curtains tor the home she pays a tarift present law the judges of the Federal courts receive the salaries on them. If the farmer or laborer has any children and wants them outlined above, the lowest being $7,500 per year and ranging to enjoy the Christmas toys of the mysterious Santa Claus he has to from that up to $15,000 per year. They hold their positions pay a tariff on them. If the farmer or laborer has to be operated on for life, subject to removal by impeachment for misbehavior. the instruments that the surgeon uses have a !&riff on them, and even They have in addition to their salaries !!lOSt liberal provisions .JD26 CONGRESSIONAL RECORD--HOUSE 199 made for their personal expenses and official equipment and pie. If it can not do any big things to improve their . condi­ con\enience. .After they have served for a sufficient time and tion I wo.uld be glad to see it engage in doing little things to reach the age of 70 years they may retire and draw their help them instead of carrying forward this old system of lay­ salaries during the rest of their lives. The places are now so ing upon them additional burdens little by little. attractive that there is a great scramble for practically every I probably would not enter this statement in the RECORD if place. For a vacancy which developed a few days ago there the majority of us who opposed this measure had succeeded are now more than 40 applicants, many of whom are lawyers in getting a record vote. We tried to do that and failed. Gen­ of the very highest class. This is the usual condition. tlemen who are afraid to have the people at home know how Federal judges do not resign- because of insufficient compen­ they voted often adopt these tactics and thereby prove that sation. Very few of them ever resign. Of the great number they know that the people whom they are supposed to repre­ of them all over the United States only 10 resigned or retired sent will not favor their action. Members of Congre s do not during the years 192-! and 1925. Several of these resignations hide votes which they think their people will approve by refus­ were for the purpose of accepting appointments to higher ing to make a record of them. places on the Federal bench at exi ting salaries. Four were Moreover, this bill was pending for some weeks or months retirements under the law because of advancing age. Only one prior to the adjournment of the last session of Congress, but indicated that the salary was not sufficient He was a New these gentlemen who now ;ote overwhelmingly for it did not York judge who probably had a very attractive law practice want to . go home and face their constituents with a vote like proposition inviting him . . this in their record. Therefore, the bill was postponed in The statement that this bill is passed to enable the Govern­ order that it might wait until Members got by this year's ment to get good Federal judges, or that it is to prevent them elections. from resigning, is a mere pretext without any foundation in For the reasons I have stated, and others, this bill should fact. not pass. ' The action of Members in refusing a record vote This is the first bill to pass during this session of Congress. shows that they are not proud of a vote for it, or that they It provides a considerable increase in the expenses of Govern­ are afraid their constituents will not approve it. ment. That is the direction in which the Government is con­ I think we should face the issues here squarely and let our stantly going. Some lawyers, large business concerns, and some constituents know what we are doing and why we do it. To other taxpayers at home plead for the reduction of expenses of that end I am inserting this statement in the RECORD. · Government in general and usually plead for each particular .ADJOURNMENT increase in such expenditures. If Government expenses and taxes are to be decreased, it will have to be by reduction Mr. MADDEN. Ml'. Speaker, I move that the House do now of particular expenditures. adjourn. But many of our friends at home and many of my colleagues The motion was agreed to; and accordingly (at 4 o'clock and plead for economy in the abstract and ask and vote for the 5 minutes p.m.) the House adjourned until to-morrow, Friday, inerease of Government expenditures in particular instances. December 10, 1926, at 12 o'clock noon. It is a part of the fiscal history of the United States that after a major war Government expenditures have never gone as low as double the amount of Government expenditures COMMITTEE HEARINGS prior to that war. In the case of the World War they never Mr. TILSON submitted the following tentative list of com­ went as low as three times the average annual expenditures mittee hearings for Friday, December 10, 1926, as reported to just prior to that war. For many years immediately preceding the floor leader by clerks of the several committees: the World War the a1111ual expenditures of the Government of . the United States were around $1,000,000,000. They were COlrlillTTEE ON A.PPBOPBIATJONS reduced below that figure by the Democratic administration of (2 p.m.·) President Cleveland and were again raised to above that figure . War Department appropriation bill. as soon as the Republicans came in. The Wilson administra­ tion succeeded in again reducing them to below $1,000,000,000 COMMITTEE ON FLOOD CONTROL annually before the outbreak of the World War. The Repub­ ( 10.30, room 246) licans who have had charge since the World War have never gotten them as low as $3,000,000,000 per year, and have started To consider the work of the committee during the present upward with them again. President Coolidge, during the pres­ session. ent session of Congress, asked for the appropriation of above $4,000,000,000 during this session, which is about four times EXECUTIVE COMMUNICATIONS, ETC. the amount of the high figures prior to the World War, and Under clause 2 of Rule XXIV, executi\e communications this Congress starts off by practicing "Coolidge economy," were taken from the Speaker's table and referred as follows : which is by enlarging Government expenditures. 739. A letter from the Secretary of the Interior, transmitting a Every farmer, mill or factory worker, or other productive laborer in the country will have to help pay these increases. statement embodying the number of documents received and Gentlemen say that the bill will only burden them further distributed during the fiscal year 1926; to the Committee on to the extent of a penny each. That is said in connection with Printing. practically every piece of burdensome legislation proposed in 740. A letter from the Secretary of the Interior, transmitting this House or in State legislatures or elsewhere. Because a statement embodying the aggregate number of various publi­ each bill does not by itself bankrupt the people its passage cations issued during the fiscal year 1926, the cost of paper used is excused on the ground that it will cost each citizen but a for such ·publications, the cost of printing, cost of preparation little. of copy, and the number di tributed ; to the Committee on But there are hundreds or thousands of such measures Printing. adopted in county seats, State capitals, and in Washington, the 741. A letter from the Secretary of the Interior, transmitting aggregate of which has piled government expenditures up to a statement of expenditures made by this department and an appalling amount and run city, county, State, and national charged to the appropriations " Contingent expenses, Depart­ taxes up to a ruinous figure. The taking of one drop of a ment of the Interior, 1926, fiscal year ended June 30, 1926"; man's blood does not bleed him to death, but it is easily possi­ to the Committee on Appropriations. ble to take enough single drops of blood to kill him. This 742. A letter from the Secretary of the Interior, transmitting very process in county seats, in State capitals, and in the a statement showing what officers or employees (other than National Congress is laying upon the American people a stagger­ special agents, inspectors, or employees who in the discharge ing burden of taxation. of their regular duties are required to constantly travel) have Farmers and laboring people pay much more than their fair traveled on official business from Washington to points outside share of all such taxation, and this evil is worse aggravated the District of Columbia during the fiscal year ended June 30, in the payment of the expenses of running the Federal Govern­ 1926; to the Committee on Appropriations. ment. American farmer's are in a state of distress. No one 743. A letter from the Secretary of the Treasury, transmit­ . th~ causes their distress. It is caused by many things. ting the annual report of the Secretary of the Treasury on One of the important contributing causes of their distress is the state of the finances for the fiscal year ended June 30, taxation-National, State, and county. So long as we c~mtinue 1926; to the Committee on Ways and Means. to adopt these measures because they increase burdens only a 744. A letter from the Secretary of War, transmitting a re­ little, and say every time that we will do it "just this once," port from the Chief of Engineers on preliminary examina­ we will continue to burden poor and moderately circumstanced tion and survey of Willapa Harbor, Wash. (H. Doc. No. 565) ; . people. T~is session of Congress is beginning its work by to the Committee on Rivers and Harbors and ordered to be adding tittles to the bru·den of taxpayers and productive peo- printed. · · 200 OONGR.ESSION AL TIECOR.D-HOUSE DEOEliBER 9 745. A communication from the President of the Unifed By Mr. GASQUE: A bill (H. R. 14688). to authorize the States, transmitting deficiency estimates of appropriations building of a bridge across the Waccamaw River in Soutll under the legislative establishment, House of Representatives, Carolina; to the Committee on Interstate and Foreign Com­ for the fiscal year 1922 and prior years, in the sum of merce. $2,570.30 (H. Doc. No. 566); to the Committee on Appropria­ By Mr. BACHARACH: A bill (H. R. 14689) amending para­ tions and ordered to be printed. graph 5, schedule A., Title YIII, of public law No. 20; to the 746. A communication from the President of the United Committee on Ways and 1\leans. States, transmitting a communication from the Secretary of By Mr. BULWII\"'KLE: A bill (H. R. 14690) to amend the War submitting an estimate of appropriation to pay claims World War veterans' act, 1924, as amended July 2, 1926; to for damages to or loss of privately owned property in the the Committee on World War Veterans' Legislation. sum of $322.13, which have been adjusted and which require By 1\Ir. GELLER: A bill (H. R. 14691) to amend the immi­ an appropriation for their payment (H. Doc. No. 567) ; to the gration act of 1924 ; to the Committee on Immigration and Committee on Appropriations and ordered to be printed. Naturalization. 747. A communication from the President of the United By l\Ir. DAVILA.: A bill (H. R. 14692) providing for the States, transmitting a communication f1·om the Acting Secre­ appointment of a commi sion to study, inspect, and report upon tary of Commerce submitting an estimate of appropriation to the goYernment and conditions in the island of Porto Rico· pay claims for damages to privately owned property in the sum to the Committee on Rules. ' of $549.79, which have been adjusted and require an appropria­ By Mr. ROY G. F'ITZGERALD: A bill (H. R. 14693) amend­ tion for their payment (H. Doc. No. 568) ; to the Committee on ing section 230 of the act of February 26, 1926, entitled "An Appropriations and ordered to be printed. ac-t to reduce and equalize taxation, to provide revenue, and 748. A communication from the President of the United f?r other purposes,'' by reducing the annual tax on corpora­ States, transmitting a communication from the Acting Secre­ tiOns from 13lh to 10 per cent; to the Committee on Ways and tary of Commerce submitting an estimate of appropriation to Means. pay a claim for damages to privately owned property in the By Mr. REECE: A bill (H. R. 14694) to provide for the sum of $20, which has beeen adjusted and which require an preservation, completion, maintenance, operation, and use of appropriation for its payment (H. Doc. No. 569) ; to the Com­ the _l!nited States Muscle Shoals project for wa'r, navigation, mittee on Appropriations and ordered to be printed. fertiliZer manufacture, electric power production, and other 749. A communication from the President of the United purposes, and in connection therewith, the incorporation of the States, transmitting four communications from the Postmaster Farmers' Federated Fertilizer Corporation and the lease to it General submitting estimates of appropriations in the sum of of said project; to the Committee on 1\Iilitary Affairs. $12,244.03 to pay claims for damages to or losses of privately By 1\Irs. ROGERS: A bill (H. R. 14693) to amend the na­ owned property which has been adjusted and which requires an tional defense act, a amended; to the Committee on Military appropriation for their payment (H. Doc. No. 570) ; to the Affairs. Committee on Appropriations and ordered to be printed. By Mr. WELCH of California: A bill (H. R. 14696) to amend the salary rates contained in the compensation sche<.lules of the act of 1\Iarch 4, 1923, entitled "An act to provide for the classi­ REPORTS OF COMMITTEES ON PUBLIC BILLS AND fication of civilian positions within the District of Columbia RESOLUTIONS and in the field service" ; to the Committee on the Civil Service. By Mt·. FISH: A bill (H. R. 14697) to provi<.le a commission Under clause 2 of Rule XIII, to ascertain the feasibility of constructing a stadium in 1\Ir. KNUTSON: Committee on Indian Affairs. H. R. 13492. Potomac Park, in the District of Celumbia, in memory of A bill authorizing certain Indian tribes and bands, or any of Theodore Roosevelt; to the Committee on Rules. them, residing in the State of Washington, to present their By Mr. WRIGHT: A bill (ll. R. 1-!698) to create a national claims to the Court of Claims; without amendment (Rept. No. memorial military park at and in the vicinity of Kennesaw 1614}. Referred to the Committee of the Whole House on the Mountain, in the State of Georgia, a~d for other purposes ; to state of the Union. the Committee on 1\Iilitary Affairs. Mr. LEA. VIi'T: Committee on Indian Affairs. H. R. 13494. By 1\Ir. REED of New York: A bill (H. R. 14699) to enlarge A bill to permit detailing of employees of the Indian field and remodel the entrance of the post-office building at Olean, service to the Washington office; without amendment (Rept. N. Y.; to the Committee on Public Buildings and Grounds. No. 1615). Referred to the Committee of the Whole House on By 1\lr. WILLIAMSON: A bill (H. R. 14700) regulating the state of the Union. Indian allotments disposed of by will; to the Committee on Mr. HASTINGS: Committee on Indian Affairs. H. R. 14250. Indian Affairs. A bill to authorize reimposition and extension of the trust By Mr. FOSS: A bill (H. R. 14701) to extend collec-t-on­ period on lands held for the use and benefit of the Capitan delivery service and limits of indemnity to third and fourth Grande Band of Indians in California; without amendment class domestic parcels on which the first-class rate of postage ( Rept. No. 1616). Referred to the Committee of the Whole is paid ; to the Committee on the Post Office and Post Roads. House on the state of the Union. Also, a bill (H. R. 14702) to authorize the Postmaster General Mr. COLTON : Committee on the Public Lands. S. 564. An to charge a fee for inquiries mnde for patrons concerning reg­ act confirming in States and Territories title to lands granted istered, insured, or collect-on-delivery mail, and for postal by the United States in the aid of common or public schools; money orders; to the Committee on the Post Office and Post with an amendment (Rept. No. 1617). Referred to the Com­ Roads. mittee of the Whole House on the state of the Union. Also, a bill (H. R. 14703) to authorize the Postmaster Gen­ eral to impose demurrage charges on undelivered collect-on­ delivery parcels; to the Committee on the Post Office and Post PUBLIC BILLS Al'-.1J> RESOLUTIONS Roads. Under clause 3 of Rule XXII, public bills and resolutions By Mr. WELSH of Pennsylvania: A bill (H. R. 14704) for were introduced and severally referred as follows: the suppre ·sion of traffic in firearms equipped with muffling By 1\fr. PARKER: A bill (H. R. 14684} to protect the Gov­ appliances, through national and interstate commerce and the ernment and the public from shortages of coal; to the Commit­ Postal SerYi<:e subject to tlte jurisdiction and laws of the tee on Interstate and Foreign Commerce. United States; to the Committee on the Judiciary. By 1\lr. LEAVITT: A. bill (II. R. 14685) authorizing an appro­ By l\Ir. BOYLAN: Joint resolution (H. J. Res. 299) for the priation for the payment of tuition of Crow Indian children pm·poses of providing a day of rest on December 25, 1926, for attending 1\lontana State public schools; to the Committee on postal employees ; to the Committee on the Post Office and Indian Affairs. Post Roads. By Mr. TINCHER: A bill (H. R. 14686) to regulate the By Mr. FAIRCHILD: Joint resolution (H. J. Res. 300) manufacture and sale of substitutes for butter, known as mar­ authoriziqg the Secretary of War to loan to Private Charles garine, oleomargarine, and butterine, and to protect the makers Crames Post, No. 225, Veterans of Foreign Wars of the United of butter and the users of butter from fraudulent imitation of States, Bronx, New York City, necessary tents, cots, and blan­ butter, and to prevent the evasion of the taxes and penalties kets for use in the establishment of a veterans' camp between imposed in furtherance of the purposes of this act, and for May 15 and September 15 each year ; to the Committee on other purposes ; to the Committee on Agriculture. Military Affairs. By Mr. UNDERHILL: A bill (H. R. 14687) authorizing the Secretary of the Treasury to acquire certain lands within the PRIVATE BILLS AND RESOLUTIONS • District of Columbia to be used as sites for public buildings; Under clause 1 of Rule XXII, priyate bills and resolutions to the Committee on Public Buildings and Grounds. were introduced and severally referred as follows : 1926 CONGRESSIONAL RECORD-HOUSE 20l By Mr. ALL&~: A bill (H. n. 14705). granting an increase of Also, a bu-I- (H. R. 14740) for the relief of Joseph 1\I. Hay- pension to Mattie Pierce ; to the Committee on Invalid Pensions. den; to the Committee on Military Affairs. · By Mr. AYRES: A bill (H. R. 14706)· granting an increase Also, a bill (H. R. 14741) for the relief of Arthur Jacobs~ of pension to William Crawford; to the Committee on Invalid to the Committee on Mi.lits.ry Affairs. '"' Pensions. Also, a bill (H. R. 14742) for the relief of Walter E. Sharon;, Also, a bill (H. R. 14707) for the relief of William H. Burke; to the Committee on Na'\"al .Affairs. to the Committee on· Military Affairs. Also, a bill (H. R.· 14743-) for the relief of William D. Also, a bill (H. R. 14708) authorizing the Secretary of War· Power; to the Committee on Naval Affairs. to place the name of Joseph F. Ritcherdson on the rolls of . Also, a bill (H. R. 14744) for the relief of Maru·ice S. Company C, One hundred and twenty-second Regiment Illinois Cleary; to the Committoo on Naval Affairs. . Volunteer Infantry, ancl issue him an honorable discharge; to Also, a bill (H. R. 14745) for the relief of Herbert Eaton the Committee on Military Affairs. Raynes; to the Committee on NaYal Affairs. By Mr. BACHARACH: A. bill (H. R. 14709) granting an Also, a bill (H. R. 14746) for the relief of James E. increase of pension to l\Iartha E. Brown ; to the Committee on Hughes; to the Committee on Naval Affairs. Pensions. Also, a bill (H. R. 14747) granting an increase of pension to By Mr. BLAND: A bill (H. R. 14710) granting a pension to EYelyn G. Burrell; to the Committee on Invalid Pensions. Anna L. Myers; to the Committee on Pensions. Also, a bill (H. R. 14748) granting an increase of pension to By Mr. BROWNING: A bill (H. R 14711) granting a pen- Faustina B. Barton; to tl1e Committee on Invalid Pensions. siou to Luther G. Pugh; to the Committee on Pensions. Also, a bill (H. R. 14749) granting a pension to Rebecca Also, a bill (H. R. 14712) granting a. pension to Walter L. Backman; to the Committee on Invalid Pensions. Ross; to the Committee on Pensions. Also, a bill (H. R. 14750) granting an increase of pension to Also, a bill (H. R. 14713) granting an increase of pension to Michael J. Haggerty; to the CoiilllUttee on Pensions. Emma F. Derryben-y; to the Committee on Invalid Pensions. Also, a bill (H. R. 14751) granting a pension to Jacob W. By Mr. BULWII\TKLE: A bill (H. R. 14714) granting an Houser; to the Committee on Pensions. ... increase of pension to Zenas A. Hinson; to the Committee on By Mr. GAMBRILL: A bill (H. R. 14752) for the relief of Pensions. W. S. Smallwood; to the Committee on Agriculture. By l\lr. COLLIER: A bill (H. R. 14715) granting a pension By Mr. GREEN of Florida: A. bill (H. R. 14753) for the to William E. Quinn; to the Committee /on Pensions. relief of Ralph Ole 'Vright and Yarina Belle Wright; to the By Mr. CONNERY: A bill (H. R. 14716) granting a pension Committee on Claims. _ to Drucilla Van Nest; to the Committee on InYalid Pensions. By Mr. HARDY: A bill (H. R. 14754) granting an increase of By Mr. COI\TNOLLY of Pennsylvania: A bill (H. R. 14717) pension to llinerva J. Raybell; to the Committee on Invalid granting a pension to Elizabeth Willlilms; to the Committee on Pensions. Invalid Pensions. By Mr. HUDSON: A bill (H~ R. 14755) granting a pension By Mr. COYLE: A bill (H. R. 14718) for the promotion and to Florence Christie; to the Committee on Invalid Pensions. retirement of William H. Santelmann, leader of the Uriited By Mr. MORTON D. DULL: A bill (H. R. 14756) for the States Marine Band; to the Committee on Naval Affairs. relief of Kurt Falb; to the Committee on Claims. By Mr. CROWTHER: A bill (H. R. 14719) granting an ·in- By Mr. HULL of Tennessee: A bill (H. R. 14757} granting crease of pension to Alice Finch; to the Committee on Invalid an increase of pension to Rufus M. Barnes; to the Committee Pensions. · on Pensions. Also, a bill (H. R. 14720) granting an increase of pension Also, a bill (H. R. 14758) granting a pension to Euwin to Margaret Herrington; to the Committee on Invalid Pensions. Nicl.10ls ; to the Committee on Pensions. Also, a bill (H. R. 14721) granting an increase of pension By Mr. IRWIN: A bill (H. R. 14759) granting a pension to to Cordelia Safford; to the Committee on Invalid Pensions. · Abbie A. Pike; to the Committee on Invalid Pensions. Also, a bill (H. R. 14722) granting an increase of pension By l\Ir. KEARNS: A bill (H. R. 14760) granting an increase to Ellen V. Archambeault; to the Committee on Invalid Pen- of pension to Mary Everhart; to the Committee on InYalicl sions. Pensions. Also, a bill (H. R. 14723) granting an increase of pension to Also, a bill. (H. R. 14761) granting an increase of pension to Maria .Mc-Ginniss; to the Committee on Invalid Pensions. Phoebe A. Myers ; to the Committee on Invalid Pensions. Also, a bill (H. R. 14724) granting an 'increase of pension to By 1\.Ir. KETCIIAl\1: A bill (H. R. 14762) granting an in- Sarah C. Bame; to the Committee on Invalid Pensions. Also, a bill (H. R. 14725) granting an increase of pension to crease of pension to Caroline Kaak; to the Committee on Inya­ lid Pensions. Verona E. Mitchell; to the Committee on Invalid Pensions. Also, a bill (H. R. 14726) granting an increase of pengion to Also, a bill (H. R. 14763) granting a pension to Helen K. Catharine Carr; to the Committee on Invalid Pensions. Andrews; to the Committee on Invalid Pem.ions. By Mr. DICKINSON of Missouri: A bill (H. R. 14727) By Mr. KIESS: A bill (H. R. 14764) granting an increase of granting an increase of pension to Vernon L. Johnson; to the pension to Elizabeth Cook; to the Committee on Invalid Pen- Committee on Pensions. sions. By Mr. ELLIOTT: A bill (H. R. 14728) granting a pension Also, a bill (H. R. 14765) granting an increase of pension to Charles c. Thornburg; to the Committee on Pensions. to Josephine Searle; to the Committee on Invalid Pensions . • By Mr. FAUST: A bill (H. R. 14729) granting an increase By Mr. KURTZ: A bill (H. R. 14766) granting an increase of pension to Julia A. Thomas; to the Committee on Invalid of pension to Jennie Hummell; to the Committee on Invalid Pensions. Pensions. By Mr. FISH: A bill (H. R. 14730) granting an increase of Also, a bill (H. R. 14767) granting a pension to Anna pension to Julia M. Lindsay; to the Committee on Invalid Horrell; to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 14768) granting an increase of pension to Also, a bill (II. R. 14731) granting an increase of pension to Betty S. Satterfield; to the Committee on Invalid Pensions. Eliza K. D. Mann; to the Committee on Invalid Pensions. Also, a bill (II. R. 14769) granting an increase of pension to Also, a bill (H. R. 14732) granting an increase of pension Rebecca Horn; to the Committee on Invalid Pensions. to Mary L. Mitchell; to the Committee on Invalid Pensions. Also, a bill (H. R. 14770) granting an increase of pension to By Mr. ROY G. FITZGERALD: A bill (H. R. 14733) grant- Sarah J. Rhodes; to the Committee on Invalid Pensions. ing a pension to Charles A. Heitzman; to the Committee on By l\Ir. LEAVITT: A bill (H. R. 14771) granting a pension to Pensions. Margaret Newman; to the Committee on Invalid Pension·. By Mr. W. T. FITZGERALD: A bill (H. R. 14734) granting By Mr. LYON: A bill (H. R. 14772) to correct the naval rec- a pension to Anna E. Smith; to the Committee on Invalid cord of Simon A. Richardson; to the Committee on Naval Pensions. Affairs. By Mr. FLETCHER: A bill (H. R. 14735) for the relief of By Ur. McFADDEN: A bill (H. R. 14773) granting an Rebecca J. Rider; to the Committee on Military Affairs. increase of pension to Sarah E. Chase; to tlle Committee on By Mr. FREDERICKS: A bill (H. R. 14736) for the relief Invalid Pensions. of Albert Miller; to the Committee on Military Affairs. Also, a bill (H. R. 14774) granting an increase of pension to Also, a bill (H. R. 14737) for the relief of Jeremiah F. Martha Jane Moore; to the Committee on Invalid Pensions. Mahoney; to the Committee on Military Affairs. · Also, a bill (H. R. 14775) granting an increase of pen ion to Also, a bill (H. R. 14738) for the relief of Leslie E. George; Clarisa Markham; to the Committee on Invalid Pensions. to the Committee on Military Affairs. By Mr. MoLAUGHLL~ of Michigan: A bill (II. R. 14776) Also, a bill (H. R. 14739) for the relief of Clyde Smith; J granting an increase of pension to Weltha Reed; to the Com- to the Committee on Military Affairs. mittee on Invalid Pensions. 202 CONGRESSIOX AL RECORD-HOUSE DECE1\IBER 9 By :Mr. MARTIN of 1\Iassachu..,etts: A bill (H. R. 14777} By Mr. TREADWAY: A bill (H. R. 14813) gTanting an in­ granting an increase of pension to Susanna Roundtree; to the crea. e of pension to Ellen E. Plumley · to the Committee on Committee on Invalid Pensions. Invalid Pensions. ' By Mr . .MEAD: A bill (H. R. 14778) granting an increa ·e B~ Mr. VAILE: A bill (H. R. 14814) granting an increase of of pension to 1\largarite Schmall; to the Committee on Invalid pensiOn to Kate .McClure; to the Committee on Invalid Pen­ Pen~ions. sions. Also, a bill (H. R 14779) granting a pension to Lovila S. . By Mr. WIL~~ISON :. A bill (H. R. 14815) granting an .Williams ; to the Committee on Invalid Pensions. mcrease of pensiOn to Addie H. Gardner · to the Committee on Also, a bill (H. R. 14780) granting an increa ·e of pension to Jn·mlid Pensions. ' .William J. Hines; to the Committee on Pensions. . By l\Ir. WOLVERTON: A bill (H. R. 14816) granting an Also, a bill (H. R 14781) granting a pension to John J. merease of pension to Sarah M. Parrill · to the Committee on Pokornowski ; to the Committee on Pensions. Invalid Pensions. ' Also, a bill (H. R. 14782) granting an increase of pension to By ~r. WOO~:. A bill (H. R. 14817) granting an increase , Mary Racklyeft ; to the Committee on Invalid Pensions. of p~nswn to Rich]e A. Holmes ; to the Committee on Im·nlid Also, a bill (H. R. 14 783) granting an increase of pension to Penswns. · Bridget Marshall; to the Committee on Invalid Pensions. Also, a . bill (H. R. 14818) grunting an increase of pension By iUr. l\IORROW: A bill (H. R. 14784) for the relief of to Catherme Black ; to the Committee on Im·alid Pensions. Maud S. Grossetete; to the Committee on Claims. By 1\lr. ·wooDRUFF: A bill (H. R. 14819) granting an in­ AI o a bill (H. R. 14785) granting an increase of pension to crease of pension to Jennie Barclay· to the Committee on Miguel Archuleta; to the Committee on Pensions. Invalid Pensions. ' By l\fr. MURPHY: A bill (H. R. 14786) granting an increase Also, a bill (H. R. 14820) granting an increase of pension of pension to John D. Lindsay; to the Committee on Inralid to Emma Beden ; to the Committee on Invalid Pensions. Pen:ozions. Also, a bill (H. R. 14821) granting an increase of pension Also, a bill (H. R. 14787) granting an incre.ase of pension to to Sarah A. ·wood; to the Committee on Invalid Pen ·ions. Elizabeth Hall ; to the Committee on Invalid Pensions. Also, a bill (H. R. 14822) granting an increase of pension Al so, a bill (H. R 14788) granting an increase of pension to to Margaret Donahue; to the Committee on Invalid Pensions Sarah J. Kelley; to the Committee on Invalid Pensions. Al:o, a bill (H. R. 14823) granting an increase of pensio~ Also, a bill · (H. R. 1478U) granting an increase of pension to to Rebecca E. King; to the Committee on Invalid Pensions. Susan A. Morgan ; to the Committee on Invalid Pensions. By Mr. 1\.,.00DYARD: A bill (H. R. 14824) for the relief of Also. a bill (H. R. 14790) granting an increase of pension to Mrs. Gill I. Wilson; to the Committee on World War Vete-rans' Harriet Mealy; to the Committee on Invalid Pensions. Legislation. By ~r. O'CONNELL of Rhode Island: A bill (H. R. 14791) By Mr. ZIHLMAN: A bill (H. R. 14825) granting an in­ granting an increase of pension to Louise Lavender; to the crea~e of pemdon to Jane F. Smith· to the Committee on Committee on Im•alid Pensions. Invalid Pensions. ' By Mr. PARKS: A bill (H. R. 14792) granting a pension. to Also, a bill (H. R. 1482G) granting an increa. e of pe-nsion Ella J. Garrison; to the Committee on Invalid Pensions. to 1\Iargaret B. Parker; to the Committee on Invalid By Mr. RATHBO~"'E: A bill (H. R. 14793) granting an in­ Pensions. crea ·e of pension to Mary Older ; to the Committee on Invalid Pensions. PETITIONS, ETC. By )lr. REED of New York: A bill (H. R. 14794) for the relief of Daniel 1\Iangan ; to fue Committee on Military Affairs. Under clause 1 of Rule XXII, petitions and papers were laid By 1\Ir. ROBINSON of Iowa: A bill (H. R. 14795) grRilting an on the Clerk's desk and referred as follows: increase of pension to Susan A. Brooks ; to the Committee on 3292. Petition of the Danish Brotherhood, protesting section Invalid Pensions. 2 of the immigration act of 1924 reducing the number of immi­ By Mr. SEGER: A bill (H. R. 14796) g~·anting an increase grants permitted to enter the United States annually; to the of pension to Christina Nauman; to the Committee on Invalid Committee on Immigration and Naturalization. Pensions. 3293. Petition of Francis J. Sledzinski, protesting the sale By l\Ir. SNELL: A bill (H. R. 14797) granting an increase of of the present group of ships that make up the United Stutes pen ·ion to Janet Tenney; to tlte Committee on Invalid Pensions. Shipping Board fieet; to the Committee on the Merchant By 1\Ir. STOBBS: A bill (II. R. 147U8) granting an increase Marine and Fisheries. of pen 'ion to Mary A. McLaughlin; to the Committee on Invalid 3294. Petition of Butte Chamber of Commerce, requesting Penf-lions. the Committee on Banking and Currency to act on Senate bill Also, a l.Jill (H. R. 14799) g~·anting an increase of pension to 756 immediately upon reconvening of the Congress, and to Sophia M. Nicl1olas; to the Committee on Invalid Pension . provide for its early submission to the House for final action By Mr. SWING: A bill (H. R. 14800) granting an increase thereon; to the Committee on Banking and Currency. of pension to William A. Keating ; to the Committee on 3295. Petition of the municipal board of the city of Manila, Pensions. submitting to the Congress of the United States its most ener­ By Mr. SWOOPE: A bill (H. R. 14801) granting an increase getic protest against a bill to separate :Mindanao, Sulu, and of 'PenHion to Claude W. Swartwood ; to the Committee on Palawan from the Philippine Archipelago; to the Committee Invalid Pensions. on Interstate and Foreign Commerce. Also, a bill (H. R. 14802) granting an increase of pension to 3296. By 1\Ir. ADKINS : Evidence in support of Hou e bill Julia A. W. Pollyard; to the Committee on Invalid Pen ions. 13507, granting an increase of pension to Rebecca Patterson, Also, a bill (H. R. 14803) granting an increase of pension to and House bill 14571, g~·anting an increase of pension to Mary C. Klinger; to the Committee on Invalid Pensions. Nianna M. Ruckel; to the Committee on Invalid Pensions. Als:o, a bill (H. R. 14804) granting an increase of pension to 3297. By Mr. CULLEN: Petition of American Federation Bertha C. Williams ; to the Committee on Invalid Pensions. of Labor, favoring Senate bill 3170 and House bill 9498 ; to Also, a bill (H. R. 14805) granting a pension to Alfred the Committee on Interstate and Foreign Commerce. Richards ; to the Committee on Invalid Pensions. 3298. By 1\It·. COYLE: Evidence in support of House bills AL'3o, a bill (H. R. 14806) granting a pension to Richard F. 13612, 13613, and 13614, g~·anting increase of pensions to Diana Gray; to the Committee on Invalid Pensions. Koch, Emily R. Albee, and Francis Haney; to the Committee By 1\Ir. TABER: A bill (H. R. 14807) granting a pension to on Invalid Pensions. Alexander Elliott; to the Committee on Invalid Pensions. 3299. By Mr. DOYLE : Resolution of the city council of Also, a bill (H. R. 14808) granting an increase of pen.. Jon to Chicago, asking that consideration be given to the propo ition Charlotte E. John on ; to the Committ~e on Invalid Pen ions. of transferring either the Military or Naval Academy to an By Mr. THATCHER: A bill (H. R. 14809) granting an in­ appropriate location on the shores of Lake .Michigan; to the crea!'e of pension to Arminda Y. Cornelius; to the Committee on Committee on Naval .Affairs. Invalid Pensions. 4300. Also, resolution of the Norwegian National League By Mr. TILSON: A bill (II. R. 14810) granting an increase of Chicago, protesting against certain sections of the immi­ of pension to :Mary W. Latta; to the Committee on Invalid gration act of 1924; to the Committee on Immigration and Pensions. Naturalization. • By :Mr. TINKHAM: A bill (H. R. 14811) granting a pension 4301. By Mr. JOHNSON of Washington: Petition of James to Ina G. Felch; to the Committee on Invalid Pensions. H. S. Bates and 165 other citizens of the State of Wa hington, By :Mr. TOLLEY: A bill (H. R. 14812) granting an increase urging enactment of the rc olution proposing a constitutional of pension to Clara L. De Ha .. s ; to the Committee on Invalid amendment fixing the commencement of the terms of PrE' ident, Pensions. Vice President, and Members of Congress and firing time of 1926 CONGRESSIONAL RECORD-SEN ATE 203 assembling of Congress; to the Committee on Election of Presi­ ting, pursuant to law, the annual report of the Comptroller dent, Vice President, and Representatives in Congress. covering the actitities of the Currency Bureau for the year 4302. By Mr. KUNZ: Resolution adopted in the regular meet­ ended October 31, 1926, which, with the accompanying report, ing of the Norwegian National League of Chicago, held on the was referred to the Committee on Banking and Currency. 15th of November, 1926, protesting against the amendment to ALLEGED l1""'tJUBTICES lN THE PROMOTION LIST IN THE .ARMY the immigration law, to become effective July 1, 1927, which will reduce the immigration quotas of the Scandinavian coun­ The VICE PRESIDENT laid before the Senate a communi­ tries; to the Committee on Immigration and Naturalization. cation from the Secretary of War, reporting, pursuant to law., 4303. By Mr. LEAVITT: Petition of the Missoula Bird Club, relative to alleged injustices existing in the promotion list of Missoula, 1\Iont., protesting against the proposed elimination the Army and the promotion and retirement of officers, which, of the Bechler Meadows from Yellowstone National Park; to with the accompanying papers, was referred to the Committee the Committee on the Public Lands. on Military Affairs. REPORTS OF THE FEDEIUL POWER COMMISSIO:N 4304. By Mr. MORROW: Petition of New Mexico Bankers' I Association, fayoring the l\1cFadden banking bill, with the The VICE PRESIDENT laid before the Senate a communica- Hull amendments; to the Committee on Banking and Cnnency. tion from the Secretary of War, chairman of the Federal Power 4305. Also, petition of Wild Life Protection Campaign, in Commission, transmitting, pursuant to law, a statement show­ support of the Copeland-Merritt bill (S. 3580) ; to the Com­ ing permits and licenses issued under the authority of the mittee. on Agriculture. Federal water power act, during the fiscal year ended June 4306. Also, petition of residents of Dexter, N. Mex., and 30, 1926, the parties thereto, the terms prescribed and the Guadalupita, N. 1\fex., favoring Civil War pension legislation; moneys received dming the :fi.$cal year 1926 op account of per­ to the Committee on Invalid Pensions. mits and licenses, which, with the accompanying statement, 4307. By Mr. O'CONNELL of New York: Petition of the was referred to the Committee on Commerce. National Automobile Chamber of Commerce, 1\Ir. P. Johnson, He also laid before the Senate a communication from the Washington repre entative, favoring the passage of the Federal Secretary of )Var, chairman of the Federal Power Commis­ judges' salary increase legislation; to the Committee on the sion, transmitting, pursuant to law, a report givtng the agg~:e­ Judiciary. gate number of various publications is. ued by the commission 4.308. By Mr. O'CONNOR of New York: Resolution of the during the fiscal year ended June 30, 1D26, with other details, New York State Bankers' Association, urging passage of the which, with the accompany4Ig report, was referred to tile Com­ McFadden banking bill (H. R. 2) ; to the Committee on Bank­ mittee on Printing. ing and Currency. He also laid before the Senate a communication from the 4309. By Mr. PHILLIPS: Evidence in support of Honse Secretary of War, chairman of the Federal Power Commission, bill 14()70, granting a pension to William D. Duerr; to the transmitting, pursuant to law, statements, which were referred Committee on Invalid Pensions. to the Committee on Appropriations, as follows: 4310. By 1\Ir. PRALL: Petition of New York State Bankers' A statement of detail travel taken by officers of the Federal Association, held in Syracuse Saturday, No1ember 20, 1026, Power Commission to points outside the District of Columbia favoring the amendment of the national banking laws; to the during the fiscal year ended June 30, 1026; and Committee on Banking and Currency. A statement showing typewriters, adding machines, and 4311. Also, petition of the National Council of Catholic other similar labor-saYing devices purchased during the fiscal Women, assembled in national convention, Milwaukee, Wis., year ended June 30, 1926. October 10, 1926, regarding conditions in Mexico ; to the ADDITIONAL REPORTS OF THE SECRETARY OF THE INTERIOR Committee on Foreign Affairs. The VICE PRESIDENT laid before the Senate a communi­ 4312. By Mr. THURSTON: Petition of 35 citizens of Blan­ cation from the Secretary of the Interior, transmitting, pur­ chard, Page Comity, Iowa, for an acknowledgment of the suant to law, a report of the disbursements made for the CUl'­ authority of Obrist and the law of God in the Constitution of rent fiscal year to the several States and Territories under the tile United States; to the Committee on the Judiciary. . acts approved August 30, 18DO, and March 4, 1907, applying a 4313. By 1\Ir. WATSON: Petition of several retail dealers of portion of the proceeds of the sale of public lands to the more Montgomery County, Pa., favoring Capper-Kelly resale price complete endowment and support of colleges for the benefit of bill (H. R. 11) ; to the Committee on Interstate and Foreign agriculture and the mechanic arts, together with a statement Commerce. of the amounts paid out to the several States and Territories 4314. By l\fr. WYANT: Protest of Board of Fish Commis­ since the enactment of said acts, which, with the accompany­ sioners of Penn ylvania against diversion of water from the ing report, was referred to the Committee on Agriculture and Great Lakes; to the Committee on Rivers and Harbors. Forestry. 4315. Also, petition of Vandergrift Radio Listeners' League, He also laid before the Senate a· communication from the of Vandergrift, Pa., urging a bill to regulate radio broadcasting; Secretary of the Interior, transmitting, pursuant to law, a to the Committee on the Merchant Marine and Fisheries. report of travel expenses of certain officers and employees of the Interior Department on official bu iness from Washington to points outside the District of Columbia during the fiscal SENATE year ended June 30, 1926, which, with the accompanying re­ FRIDAY, December 10, 19~6 port, was referred to the Committee on Appropriations. He also laid before the Senate a communication from the The Chaplain, Rev. J. J. Muir, D. D., offered the following Secretary of the Interior, tran...~itting, pursuant to law, an prayer: itemized statement of e1.-penditures made by the Department Gracious Father, we do thank Thee for the manifold mercies of the Interior and charged to the appropriation "Contingent so .bountifully given unto us, granting to us many opportuni­ Expenses, Department of the Interior, 1926," during the fiscal ties for service and inclining us to follow in paths of righteous­ year ended June 30, 1926, which, with the accompanying state­ ness and of truth, making ourselves benedictions to humanity. ment, was referred to the Committee on Appropriations. Hear our prayer this morning. J\.fay we be moved by the He also laid before the Senate a communication from the highest ends in· life, to the glory of Thy name, through Jesus Secretary of the Interior relative to the following reports, re­ Christ. Amen. quired by law to be transmitted to Congress, with the statement that the size and bulk of the reports being voluminous, copies The Chief Clerk proceeded to read the Journal of yester­ were transmitted to the Speaker of the House of Representa­ day·s proceedings when, on request of Mr. CURTIS and lJy tives, which were referred to the Committee on Printing: unanimous consent, the further reading was dispensed with A. report embodying the number of documents received and and the Journal was approved. distributed by the Interior Department during the fiscal year REPORT OF THE SECRETARY OF THE TREASURY ended June 30, 1926 ; and A report embodying the aggregate number of various publi­ The VICE PRESIDE~"'T laid before the Senate a communi­ cations issued during the fiscal year ended June 30, 1926, the cation from the Secretary of the Treasury, transmitting, pur­ cost of paper, the cost of" printing, the cost of preparation, and suant to law, the annual report of the Secretary of the Treasury the number of each distributed. on the state of the finances for the fiscal year ended June 30, 1026, which, with the accompanying report, was referred to REPORT OF THE INTERSTATE COMMERCE COMMISSION the Committee on Finance. The VICE PRESIDENT laid before the Senate a communica­ tion from the chairman of the Interstate Commerce Commis­ REPORT OF THE COMPTROLLER OF THE CURRENCY sion, transmitting, pursuant to law, the fortieth annual report The VICE PRESIDENT laid before the Senate a communica­ of the commission, which, with the accompanying report, was tion from the Acting Comptroller of the Currency, transmit- referred to the Committee on Interstate Commerce.