2600 CONGRESSIONAL RECORD-HOUSE FEBRUARY 22 Mr. KING. Mr. President, at the last session of Congress, tration Act must be put into effect from March 1, 1936, to August 15, 1936, in the case of distilled spirits, and December 15, 1936, in Senators will recall, the final deficiency appropriation bill the case of wines and malt beverages. carried an appropriation to enable the Federal Alcohol Ad­ Under the provisions of section 5 (e) no bottler may bottle, ministration to make certain surveys and to issue certain li­ ·and no imp<>rter may remove from customs custody, distilled censes and permits to those engaged in the sale of various spirits or wine or malt beverages, unless such bottler or importer has obtained a certificate of label approval issued by the Adminis­ distilled wine and malf liquors. Unfortunately, with the trator covering such distllled spirits, wine or malt beverages, or demise of that bill, the work which was to be performed by an exemption from the labeling provisions with respect to liquors the organization referred to was not completed. The result not sold, offered for sale, or shipped in interstate or foreign com­ is that several thousand persons who are today legitimately merce. In view of the fact that it wm be necessary to issue approximately 125,000 certificates of label approval, it will not be engaged in the business may not continue their business after possible by March 1, 1936, for the Federal Alcohol Administration March 1, which is only a few days distant, without receiving to issue the required certificates of label approval or certificates permits. The Treasury Department is unable to make the of exemption. Section 5 (e) directs officers of internal revenue and customs to withhold the release of distilled spirits, wine, or surveys and issue the licenses and permits, including labels, malt beverages from the bottling plant or customs custody unless which are indispensable if persons shall continue in the busi­ a certificate of label approval has been obtained or an exemption ness authorized by the Federal Alcohol Administration Act of granted. Unless the time is extended for putting the label pro­ August 29, 1935. visions into effect there will be thousands of cases where the cer­ tificate of label approval or exemption has not been granted be­ In conference yesterday with Treasury officials tney re­ fore March 1, 1936, and internal revenue and customs officers quested that a joint resolution be passed immediately to meet will be compelled by law to withhold the release of products not the emergency. Senators are receiving communications from covered by such certificates. It is estimated that the issuance of certificates of label . approval many States from persons who are engaged in the business and exemptions in the case of distilled spirits can be completed authorized by the act mentioned. by August 15, 1936, and in the case of wines and fermented malt Accordingly, I prepared a joint resolution to carry into beverages by December 15, 1936; and the joint resolution extends effect that which is desired by the Treasury Department and to those dates the time within which the labeling provisions shall which is necessary to protect persons who are engaged in a become effective. business authorized by law. TAX LIABILITIES AND LIENS UNDER TOBACCO, COTTON, AND POTATO I offer the joint resolution and ask unanimous consent for ACTS its present consideration. Mr. SMITH. Mr. President, I ask the Chair to lay before The VICE PRESIDENT. Without objection, the joint reso­ the Senate House billl1138. lution will be received. The VICE PRESIDENT laid before the Senate the bill The joint resolution

DELIBERATE ATT~MPTS MALICIOUSLY TO CREATE CLASS HATRED and have had the same number for many years, and police­ If any unbiased person will read these three consecutive men generally know my number and my car. I checked up attacks which the Washington Post has made for the last on this Texas car, and it belongs to one of our colleagues three mornings, Thursday, Friday, and today, under big who lives just across the street from the House Office Build­ fiaring headlines, "You can't arrest me" and "Congress ing, and he had a lawful right to park his car across the Members :flout traffic laws", they will inevitably reach the street at the House Office Building opposite where he lives. conclusion that this newspaper is trying to poison the He did not violate any law. He did not violate any traffic i:ninds of Washington people against Congress. The Post regulation. He was within his rights. This attack made asserts that "the people are up in arms", that "they have by tJ;te Washington Post on his car was malicious, unjust, reached the boiling point of indignation", that "they have unfarr, and wanton. backed their feelings with strong words and even threats", UNFAIR INDICTMENT AGAINST HOUSE OF REPRESENTATIVES when the Post knows that all of these assertions were These malicious. charges made the last three mornings manufactured out of the whole cloth and that it is delib­ consecutively by the Washington Post is an unfair, unjust, erately creating something sensational in order to try to sell inexcusable indictment against the Ho~ of Representa­ its paper. tives collectively. It affects Members not o·nly in their sev­ POST READERS STOPPING SUBSCRIPTIONS eral Representative capaclties, but affects them collectively. The Washington Post has been so very unfair and has It affects the dignity of the House. It affects the safety of engaged in so many schemes and plots to try to ruin good the House, and it affects the integrity of the House of men like United States Attorney Leslie Garnett, Maj. Representatives. Ernest W. Brown, and Inspector Albert J. Headley, of the Mr. Speaker, I think this is a matter which affects every Metropolitan Police Department, and has printed so many Member of . Congress, the minority leader, the majority absolutely unreliable and malicious reports about public leader, and every Member on both sides of the aisle. officials, and has in so many ways unjustly tried to belittle Mr. SNELL. Will the gentleman yield? and bemean Members of Congress, that the reading public Mr. BLANTON. I yield to the gentleman from New York. of Washington has become disgusted, and many readers Mr. SNELL. Is it not a fact that there is hardly a day have stopped their subscriptions. Numerous citizens have in the year but what some newspaper somewhere in the written me that they have stopped buying the Post. On United States on its front page makes a general indictment February 19, 1936, Mr. Gene Latimer, Jr., apartment 303, at against the Congress? 2100 I Street, wrote the Post to stop his subscription be­ Mr. BLANTON. But this is a Washington paper, that cause of its unfairness and injustice. On February 17, should know better. 1936, Mrs. R. G. Wood, of the Capital Park Hotel, wrote the Mr. SNELL. That makes no difference. They do not Post denouncing its unfairness and injustice, but the vote anyway. Washington Post makes no mention of such letters. It Mr; BLANTON. This Washington paper has its reporters publishes, however, every letter it can get hold of from here in the gallery and in and around our House Office persons who, by its false and malicious attacks, it has in­ Buildings every day. It sends its papers all over the United cited to criticize Congress.· The Washington Post is losing States. When it attacks, it makes votes for me however. money. The Washington Post is fast going downhill. It Mr. SNELL. It has been suggested that the people here is trying to stage a come-back. It resorts to these sen­ in Washington do not vote, anyway. sational attacks on Congress in the hope of selling more Mr. BLANTON. Every time they publish something about papers. It will not be long until its publisher, Eugene me it helps me in my district. But, Mr. Speaker, I am Meyer, will have to go out of the newspaper business. The thinking about the good name of the Congress of the United people have found him out. States. I am thinking about our right to run our own busi­ ness and not have some malicious paper here 3 days in SPECIAL OFFICER BETWEEN HOUSE OFFICE BUILDINGS succession questioning our right to do so. Mr. Richard Ottavio, who came to Washington from Vir­ Mr. RICH. Will the gentleman yield? ginia, who lives at 636 East Capitol, is the special police­ Mr. BLANTON. Yes; I yield to my friend from Pennsyl­ man who has charge of parking automobiles around the vania, who, I know, entertains views exactly like my own House Office Buildings. He has been out there every day on this subject. during all of this terribly cold weather and has served Mr. RICH. Mr. Speaker, I would like to make this state­ there for 18 months. I had him to come. to my office and ment. I believe that every Member of Congress should give me a statement about these charges in the Washing­ obey the laws of the District of Columbia or any other law. ton Post. He states that he sees to it that every automo­ I have heard Members of Congress damn the policemen of bile is parked properly. He states that he will not permit this city. I think the Members of Congress have no more an automobile to be parked opposite a fireplug or in vio­ right to do that than any other citizen, nor have they the lation of the law or traffic rules. He knew about these right to violate the law. special · photographers-snoopers of the Washington Post Mr. BLANTON. I agree with the gentleman. sneaking around hunting something sensational, but he Mr. RICH. And I think the officials of this city ought to states that he has known of no special officer checking up get after those Members of Congress who are not willing to cars here on the Hill, as was charged by the Post. uphold the laws which they enact. DENIAL BY TRAFFIC DIRECTOR A Member of Congress should obey the law as any other I took the matter up with Director Van Duzer's office, and American citizen. In fact, they of all people should set the Assistant Director M. 0. Eldredge advises me that they have example. Why should any Member of Congress fear if he had no officer checking up on parking violations by Con­ obeys the law? It has been a practice of some Members of gressmen, as was charged by the Washington Post. Congress to damn the policemen, intimidate judges, disobey DENIAL BY POLICE SUPERINTENDENT BROWN the laws of the District, just because they think they have I took the matter up with Major Brown, Superintendent immunity from the ·law. There should be some way to of the Metropolitan Police Department, and he advises me stop it, for a Member of Congress is no better than any that they have had no special officer checking up parking other American citizen. violations by Congressmen, as was charged by the Washing­ Mr.-BLANTON. I agree with my friend from Pennsyl­ ton Post. vania. Every Member of Congress should obey every law. . POST MALICIOUSLY REFERS TO TEXAS CAR No Member of Congress should violate any law." We are law­ In all three of its issues, Thursday, Friday, and today, the makers and we should be law-observers. It very rarely Washington Post referred to a car with a Texas license on occurs that any Merr ber of Congress is charged with vio- 1936 CONGRESSIONAL RECORD-HOUSE 2603 lating any law. It is the exception rather than the rule. ber 17, 1196. It was never read by the President in public, but The Members who may "damn policemen" or "intimidate was given to the people through the medium of David Clay­ judges" or "disobey the laws of the District" are very, very poole's American Daily Advertiser, Philadelphia, in its issue few in number, and such instances very rarely occur. When of September 19, 1796. we remember that we have 96 Senators and 435 Representa­ tives and their secretaries and clerks, and it is only once in To the people ot the United States. a great while that any of them ever gets into any trouble, it FRIENDS AND FELLOW CITIZENS: The period for a new will compare most favorably with that number in any election of a citizen to administer the executive government other class of officials or citizens anywhere. of the United States being not far distant, and the time All of us have deeply at heart the good name of Congress. actually arrived when your thoughts mtist be employed in We should be ever on the alert to protect that good name. designating the person who is to be clothed with that We should not allow any newspaper to traduce it maliciously. important trust, it appears to me proper, especially as it I have presented this resolution for the purpose of voicing may conduce to a more distinct expression of the public a protest against the continued efforts of this Washington voice, that I should now apprise you of the resolution I Post to poison the minds of Washington citizens against have formed, to decline being considered among the num­ Congress. There was no other parliamentary way at this ber of those, out of whom a choice is to be made. time to get such a protest made public. I beg you, at the same time, to do me the justice to be The SPEAKER. The Chair is ready to rule. assured, that this resolution has not been taken, without The gentleman from Texas has presented a resolution a strict regard to all the considerations ·appertaining to the which he states involves a question of the privileges of the relation which binds a dutiful citizen to his country; and House. This resolution has been read by the Clerk. that, in withdrawing the tender of service which silence in To that the gentleman from New York [Mr. SNELL] made my situation might imply, I am influenced by no diminu­ the point of order that it does not present a question of tion of zeal for your future interest; no deficiency of grate­ the privileges of the House. ful respect for your past kindness; but am supported by a The Chair, of course, must be governed by the rules of full conviction that the step is compatible with both. the House. It is not a question of the Chair taking a The acceptance of, and continuance hitherto in the oftice position on one side or the other in reference to this to which your suffrages have twice called me, have been a proposition. The rules that must govern the ·Members of uniform sacrifice of inclination to the opinion of duty, and the House as well as the Chair in reference to the proceed­ to a deference for what appeared to be your desire. I con­ ings of the House provide: stantly hoped that it would have been much earlier in m;v · Questions of privilege shall be first, those affecting the Tights power, consistently with motives which I was not at liberty of the House collectively, its safety, dignity, and the integrity of its proceedings. to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to The Chair does not understand that the question of do this, previous to the last election, had even led to the whether a measure passed by this House is being properly preparation of an address to declare it to you; but mature administered has anything to do. with the proceedings of reflection on the then perplexed and critical posture of our the House. Of course, anything which involves the right affairs with foreign nations, and the unanimous advice of of the House to legislate or to conduct its proceedings in persons entitled to my confidence, impelled me to abandon an orderly manner, or which would obstruct the House in the idea. its proc~edings, or which relates to the method by which I rejoice that the state of your concerns external as well laws are passed by the House, it seems to the Chair_would as internal, no longer renders the pursuit of inclination in­ present a question of p:dvilege under this rule. But the compatible with the sentiment of duty or propriety; and Chair does not think that the questions raised by the am persuaded, whatever partiality may be retained for my pending resolution involve the integrity of the proceedings services, that in the present circumstances of our country, of the House or affect its safety. you will not disapprove my determination to retire. There is a way, of course, by which the gentleman from Texas [Mr. BLANTON] may bring this matter before the The impressions with which I first undertook the arduous House, if it wishes to consider the matter, and that is by trust, were explained on the proper occasion. In the dis­ the introduction of another resolution. The Chair does not charge of this trust, I will only say that I have, with good think that the resolution contains matter affecting the intentions, contributed towards the organization and ad­ privileges of the House, and therefore sustains the point of ministration of th.e government, the best exertions of which order. a very fallible judgment was capable. Not unconscious in Mr. BLANTON. Mr. Speaker, a parliamentary inquiry. the outset, of the inferiority of my qualifications, experience, The SPEAKER. The gentleman will state it. in my own eyes, perhaps still more in the eyes of others, has Mr. BLANTON. Where a Member has just one means of strengthened the motives to diffidence of myself; and, every getting a protest against a particular newspaper before his day, the increasing weight of years admonishes me more and colleagues in the House at this particular moment, and he more, that the shade of retirement is as necessary to me as resorts to that means, and does get the protest befo!'e the it will be welcome. Satisfied that if any circumstances have House, I am sure the Speaker will not think he is completely given peculiar value to my services they were temporary, I out of order. have the consolation to believe that, while choice and pru­ The SPEAKER. The Chair did not rule. that the gen­ dence invite me to quit the political scene, patriotism does tleman was out of order. The Chair ruled that his reso­ not forbid it. lution did not present a question of privilege. In looking forward to the moment which is to terminate the career of my political life, my feelings do not permit me Mr. BLANTON. Mr. Speaker, I have acoo~plished my purpose by getting this protest before the Members today to suspend the deep acknowledgment of that debt of grati­ against this paper continuing its malicious attack upon tude which I owe to my beloved country, for the many Members of Congress. honors it has conferred upon me; still more for the stead­ fast confidence with which it has supported me; and for WASHINGTON'S FAREWELL ADDRESS the opportunities I have thence enjoyed of manifesting my The SPEAKER. At this time the Chair wishes to state inviolable attachment, by services faithful and persevering, that the House has assembled here today for one specific though in usefulness unequal to my zeal. If benefits have purpose, and that is to hear the Farewell Address of George resulted to our country from these services, let it always be Washington. Therefore, under a previous order the Chair remembered to your praise, and as an instructive example in recognizes the gentleman from New Jersey [Mr. McLEAN] our annals, that under circumstances in which the passions, for the purpose of reading this address. agitated in every direction. were liable to mislead amidst Mr. McLEAN. Mr. Speaker, Washington's Farewell Ad­ appearances sometimes dubious, vicissitudes of fortune often dress to the people of the United States was issued Septem- discouraging-in situations in which not unfrequently, want 2604 CONGRESSIONAL RECORD-HOUSE FEBRUARY 22 of success has countenanced the spirit of criticism,-the The north, in an unrestrained intercourse with the constancy of your support was the essential prop of the south, protected by the equal laws of a common govern­ efforts, and a guarantee of the plans, by which they were ment, finds in the productions of the latter, great addi­ effected. Profoundly penetrated with this idea, I shall carry tional resources of maritime and commercial enterprise, it with me to my grave, as a strong incitement to unceasing and precious materials of manufacturing industry.-The vows that heaven may continue to you the choicest tokens of south, in the same intercourse, benefiting by the same agency its beneficence-that your union and brotherly affection may of the north, sees its agriculture grow and its commerce be perpetual-that the free constitution, which is the work expand. Turning partly into its own channels the seamen of your hands, may be sacredly maintained-that its admin­ of the north, it finds its particular navigation invigorated; istration in every department may be stamped with wisdom and while it contributes, in different ways, to nourish and and virtue-that, in tine, the happiness of the people of increase the general mass of the national navigation, it looks these states, under the auspices of liberty, may be made forward to the protection of a maritime strength, to which complete by so careful a preservation, and so prudent a use itself is unequally adapted. The east, in a like intercourse of this blessing, as will acquire to them the glory of recom­ with the west, already finds, and in the progressive improve­ mending it to the applause, the affection and adoption of ment of interior communications by land and water, will every nation which is yet a stranger to it. more and more find a valuable vent for the commodities Here, perhaps, I ought to stop. But a solicitude for your which it brings from abroad, or manufactures at home. The welfare, which cannot end, but with my life, and the ap­ west derives from the east supplies requisite to its growth and prehension of danger, natural to that solicitude, urge me, comfort-and what is perhaps of still greater consequence, it on an occasion like the present, to offer to your _solemn must of necessity owe the secure enjoyment of indispensable contemplation, and to recommend to your frequent review, outlets for its own productions, to the weight, influence, and some sentiments which are the result of much reflection, the future maritime strength of the Atlantic side of the of no inconsiderable observation, and which appear to me Union, directed by an indissoluble community of interest as all important to the permanency of your felicity as a people. one nation. Any other tenure by which the west can hold These will be offered to you with the more freedom, as you this essential advantage, whether derived from its own sepa­ can only see in them the disinterested warnings of a parting rate strength; or from an apostate and unnatural connection friend, who can possibly have no personal motive to bias with any foreign power, must be intrinsically, precarious. his counsel. Nor can I forget, as an encouragement to it, While then every part of our country thus feels an imme­ your indulgent reception of my sentiments on a former and diate and particular interest in union, all the parts com­ not dissimilar occasion. bined cannot fail to find in the united mass of means and Interwoven as is the love of liberty with every ligament efforts, greater strength, greater resource, proportionably of your hearts, no recommendation of mine is necessary to greater security from external danger, a less frequent inter­ fortify or confirm the attachment. ruption of their peace by foreign nations; and, what is of inestimable value, ·they must derive from union, an exemp­ The unity ·of government which constitutes you one tion from those broils and wars between themselves, which people, is also now dear to you. It is justly so; for it is a so frequently atnict neighboring countries not tied together main pillar in the edifice of your real independence; the by the same government; which their own rivalship alone support of your tranquility at home: your peace abroad; of would be sufficient to produce, but which opposite foreign your safety; of your prosperity; of that very liberty which you alliances, attachments, and intrigues, would stimulate and so highly prize. But, as it is easy to foresee that, from dif­ embitter.-Hence likewise, they will avoid the necessity of ferent causes and from different quarters much pains will be those overgrown military establishments, which under any taken, many artifices employed, to weaken in your minds form of government are inauspicious to liberty, and which the conviction of this truth; as this is the point in your are to be regarded as particularly hostile to republican political fortress against which the batteries of internal and liberty. In this sense it is, that your union ought to be external enemies will be most constantly and actively considered as a main prop of your liberty, and that the love lish government, presuppose the duty of every individual to the common and continual mischiefs of the spirit of party obey the established government. are sufficient to make it the interest and duty of a wise All obstructions to the execution of the laws, all combina­ people to discourage and restrain it. tions and associations under whatever plausible character, It serves always to distract the public councils, and with the real design to direct, control, counteract, or awe the enfeeble the public administration. It agitates the com­ regular deliberations and action of the constituted authori­ munity with ill founded jealousies and false alarms; kindles ties, are destructive of this fundamental principle, and of the animosity of one part against another; foments occa­ fatal tendency.-They serve to organize faction, to give it an sional riot and insurrection. It opens the door to foreign artificial and extraordinary force, to put in the place of the influence and corruption, which finds a facilitated access to delegated will of the nation the will of party, often a small the government itself through the channels of party pas­ but artful and enterprising minority of the community; and, sions. Thus the policy and the will of one country are according to the alternate triumphs of different parties, to subjected to the policy and will of another. make the public administration the mirror of the ill con­ There is an opinion that parties in free countries are certed and incongruous projects of faction, rather than the useful checks upon the administration of the government, organ of consistent and wholesome plans digested by com­ and serve to keep alive the spirit of liberty. This within mon councils, and modified by mutual interests. certain limits is probably true; and in governments of a However combinations or associations of the abOve descrip­ monarchial cast, patriotism may look with indulgence, if tion may now and then answer popular ends, they are likely, not with favor, upon the spirit of party. But in those of in the course of time and things, to become potent engines, the popular character, in governments purely elective, it is by which cunning, ambitious, and unprincipled men, will a spirit not to be encouraged. From their natural tendency, be enabled to subvert the power of the people, and to usurp it is certain there will always be enough of that spirit for for themselves the reins of government; destroYing after­ every salutary purpose. And there being constant danger of wards the very engines which have lifted them to unjust excess, the effort ought to be, by force of public opinion, to dominion. mitigate and assuage it. A fire not to be quenched, it de­ Towards the preservation of your government and the mands a uniform vigilance to prevent it bursting into a permanency of your present happy state, it is requisite, not flame, lest instead of warming, it should consume. only that you steadily discountenance irregular opposition It is important likewise, that the habits of thinking in a to its acknowledged authority, but also that you resist with free country should inspire caution in those intrusted with care the spirit of innovation upon its principles, however its administration, to confine themselves within their respec­ spacious the pretext. One method of assault may be to tive constitutional spheres, avoiding in the exercise of the effect, in the forms of the constitution, alterations which powers of one department, to encroach upon another. The ·will impair the energy of the system; and thus to undermine spirit of encroachment tends to consolidate the powers of all what cannot be directly overthrown. In all the changes to the departments in one, and thus to create, whatever the which you may be invited, remember that time and habit are form of government, a real despotism. A just estimate of at least as necessary to fix the true character of govern­ that love of power and proneness to abuse it which pre­ ments, as of other human institutions:-that experience is dominate in the human heart, is sufficient to satisfy us of the surest standard by which to test the real tendency of the truth of this position. The necessity of reciprocal checks the existing constitution of a country :-that facility in in the exercise of political power, by dividing and distributing 2606 CONGRESSIONAL RECORD-HOUSE FEBRUARY 22 it into different depositories, and constituting each the nation with its virtue? The experiment, at least, is recom­ guardian of the public weal against invasions of the others mended by every sentiment which ennobles human nature. has been evinced by experiments ancient and modern; some Alas! is it rendered impossible by its vices? of them in our country and under our own eyes.-To pre­ In the execution of such a plan, nothing is more essential serve them must be as necessary as to institute them. If, than that permanent, inveterate antipathies against particu­ in the opinion of the people, the distribution or modification lar nations and passionate attachments for others, should be of the constitutional powers be in any particular wrong, let excluded; and that, in place of them, just and amicable feel­ it be corrected by an amendment in the way which the con­ ings towards all should be cultivated. The nation which stitution designates.-But let there be no change by usurpa­ indulges towards another an habitual hatred, or an habitual tion; for though this, in one instance, may be the instrument fondness, is in some degree a slave. It is a slave to its ani­ of good, it is the customary weapon by which free govern­ mosity or to its affection, either of which is sumcient to lead ments are destroyed. The precedent must always greatly it astray from its duty and its interest. Antipathy in one overbalance in permanent evil, any partial or transient nation against another, disposes each more readily to offer benefit which the use can at any time yield. insult and injury, to lay hold of slight causes of umbrage, and Of all the dispositions and habits which lead to political to be haughty and intractable when accidental or trifling prosperity, religion and morality are indispensable supports. occasions of dispute occur. Hence, frequent collisions, obsti­ In vain would that man claim the tribute of patriotism, who nate, envenomed, and bloody contests. The nation, prompted should labor to subvert these great pillars of human happi­ by ill will and resentment, sometimes impels to war the gov­ ness, these firmest props of the duties of men and citizens. ernment, contrary to the best calculations of policy. The The mere politician, equally with the pious man, ought to government sometimes participates in the national propen­ respect and to cherish them. A volume could not trace all sity, and adopts through passion what reason would reject; their connections with private and public felicity. Let it at other times, it makes the animosity of the nation subser­ simply be asked, where is the security for property, for repu­ vient to projects of hostility, instigated by pride, ambition, tation, for life, if the sense of religious obligation desert the and other sinister and pernicious motives. The peace often, oaths which are the instruments of investigation in courts sometimes perhaps the liberty of nations, has been the of justice? and let us with caution indulge the supposition victim. that morality can be maintained without religion. What­ So likewise, a passionate attachment of one nation for ever may be conceded to the influence of refined education another produces a variety of evils. · Sympathy for the favor­ on minds of peculiar structure, reason and experience both ite nation, facilitating the illusion of an imaginary common forbid us to expect, that national morality can prevail in interest, in cases where no real common interest exists, and exclusion of religious principle. infusing into one the enmities of the other, betrays the for­ · It is substantially true, that virtue or morality is a neces­ mer into a participation in the quarrels and wars of the sary spring of popular government. The rule, indeed, ex­ latter, without adequate inducements or justifications. It ·tends with more or less force to every species of free govern­ leads also to concessions, to the favorite nation, of privileges ment. Who that is a sincere friend to it can look with denied to others, which · is apt doubly to injure the nation indifference · upon attempts to shake the foundation of the making the concessions, by unnecessarily parting with what fabric? ought to have been retained, and by exciting jealousy, ill Promote, then, as an object of primary importance, insti­ will, and a disposition to retaliate in the parties from whom tutions for the general diffusion of knowledge. In proportion equal privileges are withheld; and it gives to ambitious, cor­ as the structure of a government gives force to public opinion, rupted or deluded citizens who devote themselves to the it, should be enlightened. favorite nation, facility to betray or sacrifice the interests As a very important source of strength and _security, _cher­ of their own country, without odium, sometimes even with ish public .credit. One method of preserving it is to use it popularity; gilding With the appearances of ·a virtuous sense as sparingly as possible, avoiding occasions of expense by of obligation, a commendable deference for public opinion, or cultivating peace, but remembering, also, that timely dis­ a laudable zeal for public good, the base or foolish compli­ bursements, to prepare for danger, frequently prevent much ances of ambition, corruption, or infatuation. greater disbursements to repel it; avoiding likewise the As avenues to foreign influence in innumerable ways, such accumulation of debt, not only by shunning occasions of attachments are particularly alarming to the truly enlight­ expense, but by vigorous exertions, in time of peace, to dis­ ened and independent patriot. How many opportunities do charge the debts which unavoidable wars may have occa­ they afford to tamper with domestic factions, to practice the sioned, not ungenerously throwing upon posterity the bur­ arts of seduction, to mislead public opinion, to influence or den which we ourselves ought to beat: The execution of awe the public councils!-Such an attachment of a small or these maxims belongs to your representatives, but it is neces­ weak, towards a great and powerful nation, dooms the for­ sary that public opinion should co-operate. To facilitate to mer to be the satellite of the latter. them the performance of their duty, it is essential that you Against the insidious wiles of foreign influence,

throughout the world-I suppose I would have worn tt. But this If anyone suggests that my comments on the majority of the bill ought to be defeated, anyhow. The settled practice, I find, Justices is too partisan and critical, let him but read the strong of our Government is to allow only retired officials to accept language of that statesman-jurist, Mr. Justice Stone, a great foreign decorations; legislation exists on the subject. Besides the scholar, once a counselor to important businessmen, and · not Foreign Affairs Committee has jurisdiction of this type of legisla­ long since a Republican Attorney General, and at present a tion, and our committee has not. member of the Supreme Court. · It must be borne in mind that the criticism of the Supreme CONSTITUTIONALITY Court is not entirely from the Democratic Party. Howard Lee First it is important that I apprise my colleagues of the con­ McBain, Columbia University graduate, dean and professor of stitutionality of the legislation. I am happy to report that there constitutional law, and moreover one of the bitterest opponents is no question as to the constitutionality of this bill. For the of the Democratic Party and the New Deal, says: Constitution says, in article I, section 9: "A shining and warning example of judicial supremacy at its "No title of nobility shall be granted by the United States­ worst." and no person holding any office of profit or trust under them, This was an article from the New York Times, expressing the shall, without the consent of the Congress, accept of any present, most critical view of the ·Court's action. Mr. McBain also said: emolument, office, or title, of any kind whatsoever, from any king, "An unbiased mind can hardly escape the conclusion that the prince, or foreign state." Court was determined to kill this law, no matter what sacrifice Thus Congress-we, the representatives of the people--can, be­ of logic and reasoning was necessary in the process of torturing yond a peradventure of a doubt, legislate and debate on medals the Constitution to that end." and titles of nobility. This should give us pride. It appears we Also, Raymond Clapper, famous columnist, in the Scripps­ cannot legislate intell1gently on the welfare of those who live Howard newspapers of Wednesday, January 22, 1936, says: from .the soil (and all humanity does) for that is a mere local "In our plain, simple Republic the nearest thing to royalty is matter-hence, the welfare of 125,000,000 people is not within our our Supreme Court. Our President is more like the British Prime scope. Minister. He battles in the front-line trenches under shot and Nor can we provide naturally even for minimum decent labor shell. Our Court stands back some distance from the immediate standards to protect States as against each other, -or for millions battle. It is venerated. Speak the ·slightest word of criticism and of workers on whose lives and purchasing power the welfare of it is resented as if it were an impertinence to royalty. the Nation, and business, depends. We must leave such problems "It holds J?OWer as great as that of earlier kings-much greater to the legislatures of 48 separate States, who never agree among in a sense, because its authority is so great that it does not need themselves and whose legislation, in any event, will also be troops to enforce its decrees. Our Presidents come and go With stricken down if five-ninths of a tiny body of superlegislators elections, like British Prime Ministers. But our Court remains, consider that it is not in accordance with what at the moment supreme in its ·might. As Associate Justice Harlan Stone so they choose to decide are included in the cabalistic formulas of recently said: 'The only check upon our own exercise of power is (a) privileges and immunities, or (b) equal protection of the our own sense of self-restraint.'" laws, or (c) due process. When we view such thoughts as these it is of great importance · But we can permit our officers to be decorated by foreign that Congress devote itself to · its real problems rather than governments-to wear the ornaments and insignia of rank of decorations. · those born above the common born, and usually inherited-that All civilizations before have been destroyed when a people have is a specific power and no doubt the quantity of medals and either lost the soil or contact with it; when, by the ignorant titles will be for the general welfare. It is true this concerns concentration of wealth-in a few hands-that class destroys the medals granted by republics, but our practices in the war are production of wealth; and hence again, and always inevitably, indicative of what we may do in the future about titles of no­ destroys itself. It has been destroyed when a people, face to face bility-and about the whole practice of foreign "prese_nts, emolu­ with problems, refuse to meet them, and instead build pyramids ments, offices, or titles." Anyhow, it is written in the Constitu­ and great marble palaces (to provide sepulchers for the royal dead, tion that we have such power-as certainly as it is not written its courts of nobility, and other things) and grant reverential 1n the Constitution that the Supreme Court has any power to attention to hollow formulas-instead of exchanging goods for declare the acts of the people's Congress enacted by their repre­ labor, thereby creating and sensibly preserving real productive sentatives, as void. wealth. But we can dress our officers in medals from foreign govern­ THE A. A. A. DECISION ments and that proud power we must jealously guard, and if we The potentialities of the A. A. A. decision may well be noted, and permit practically all our powers to be usurped, as appears likely, its connection with similar events in other civilizati.ons now gone we can devote much of our time to decorations. Thus we can and dead. In the present picture, we may compare some of the pass our time. symbols of today to decadent civilizations. A visit to Indian Time was when the Supreme Court spoke of ours as a tripar­ pueblos covered for centuries by soil first eroded because of human tite Government--the Congress, executive, and judiciary. A waste and then carried by forces of Nature to the village may con­ tripod must have three legs of adequate strength. If any one of vince us of portentous problems. For wind and water mercilessly them-legislative, executive, or judicial-is knocked out, down follow the laws of gravitation. A drop of water in Canada, another goes what the tripod supports-in this case, the Government of nation, passes on its course, enters the United States, then passes the United States. The Court today says that it is the Govern­ over State lines, into the Gulf of Mexico, and no court can stop it, ment and the legislature of the people, like the President, a although a court can stop man from controlling it; can stop man vestigial organ. Unless we assert ourselves, we shall soon become from saving himself. A writ, proclaiming it should not pass a State a decoration ourselves. When we are content to play that part, line, would not be obeyed by this little drop of water. Hence, it then we should become decorative decorationists. We will cease to would appear that the people should protect their lands, their be meddlers-interfering with the prerogative of the mystic nine­ natural resources, and that to do otherwise is to sit still volun­ and become medalers. tarily in an electric chair and wait for the current--another natu­ Why nine? (Once it was 5 and once 10.) Why not 90? Con­ ral force which obeys no court. gress has the power to fix the number. Even the Court cannot The people do not realize this grave situation. Some think that deny that. Justiceships can be made as plentiful as medals. the universal hue and cry of "Blame it on Roosevelt" is going to England has learned thus to curb the House of Lords. Should we solve things; they do not know that the fundamental problem is follow true Anglo-Saxon traditions? The Court, appointed for not Roosevelt, nor the Democratic Party-Republican Party-but life, responsible to no one, has refused to respect the National representative government. And representative government is not Representatives, responsible directly to the people. improved or benefited by the adoption of the superficialities of life Thomas Jefferson said, concerning the Supreme Court of the and by using thought substitutes, mental subsidies in the shape of United States: "In truth. man is not to be trusted for life if decorations. ' · secure against all liability to account." The Supreme Court says "It seems to me that if our constitutional prerogatives are so itself that there is no check on it, except its own conscience, not dwarfed and cramped by judicial fiat that if we have time, in these even the people of the United States. grave days for such puerile trivialities, we should disband." Should we assert our undoubted right to nullify the Court? To do so is constitutional. Lincoln, who cherished the Constitution DECORATIONS FOR ALL and the indestructible union, so advised. Jefferson paid no atten­ To meet this situation, I propose that Congress enact legislation tion to it. Let us show not our medals but our mettle. to give each fanner a "foreign" decoration, the· title, if necessary of Our committees work for months on serious problems; we listen "royal agriculturist." To each of the unemployed, a foreign deco­ to the views of our constituents; we consult men learned in the ration. That those who starve may die in glory, a foreign decora­ subjects on which we ponder;. we debate for weeks. Then nine . tion. To those who starve without benefit of foreign decoration- gentlemen listen to feed lawyers for a few brief hours urging the a posthumous one. We may ever enter into treaties-for the ex­ private interests' views of their clients, and. then five of these change of medals by the shipload. Thus the cause of good govern­ nine, in a few pages hastily dictated, destroy the painstaking ment can be made international; we can haye a JUOtto "For every efforts of the people's Representatives. With a few hundred words unfortunate citizen-a medal." To follow Marie Antoinette and they defeat the hopes and blight the lives of millions. If two of "let, them eat cake" would proabably be held by the court to be the five had resigned or died, the result would have been different. unconstitutional. But medals-these we can lawfully bestow. Democracy? Two men-one sixty-millionth of the population­ It is gratifying to know that we may proceed with confidence; now rule the rest of us. They dictate to us what is constitutional. and know that this act, at least, will be constitutional. They forget that the Constitution speaks much of the Congress Since we now may devote the rest of the session to this im­ and of the President. We Americans started a revolution, fought portant subject, let us, as the professors say, make an "exhaustive a Revolutionary War, to get rid of a single monarch-and the analysis." Philosophers that we are, let us consider the subject English had made him a mere figurehead. But we, for our pains, from that angle first. have two monarchs who say, pontifically, that they are no figure­ This power seems now to be o.ne of a very few. But it is not heads but above all law and with no need to exercise self-restraint. mandatory. The court assumes that we have discretion 'in this 1936 CONGRESSIONAL RECORD-HOUSE 2609

vital matter and th~ we are to use, it wisely-that means, philo­ Army oftlcers, or-wars~ navat omcer, should 'be suspected of sophically-and philosophy, as will be shown in the next section, accepting a decoration from Stalin of Russia? Banish the thought, forbids us to exercise the right given by the court. But let us but would he not immediately be court-martiaied? Or, suppose a. get to our subject of medals and titles of nobility. bill came before Congress decorating several of our officers with the - PHil.OSOPHIC Sunburst of Lenin, or the Karl Marxian Proletarian Hamme-r and Since this matter of medals touches all the heights and depths Tongs of the Soviet Socialist Republics; or, for instance, _ the of civilization-glory, pride, and honor-it is not to be treated Mighty Sickle and Hammer of Russia-or, horrors-the order of lightly. It must be treated philosophically. Now the heaviest the Red Eagle-would not we all rise in righteous fury, denounc- philosophy for the occasion is that by Hegel who handled every­ : ing the impudence of such a thing? The Halls of Both Houses of thing dtalectically. This method calls for the division of every Congress would literaliy thunder. subject, play, theme, and argument into three parts: thesis, anti­ To proceed, suppose an Army officer should receive a decoration thesis, and synthesis. It may n-ot be generally known, out thesis, !:rom the Government of Japan. Would many Californians like antithesis, a.nd synthesis form the basis of all argumentation and this? What would. a certain section of our press say if a decora­ true oratory. This was proved beyond any doubt by Dr. Hegel, tion would be accepted either from JaJ)an o-r Russia? I tremble. a distinguished philosopher. Suppose we, the American people, start on a numismatic jag; suppose we become numismaniacs and across our bosoms are HEGELIAN TRUTH sunbursts, moons, stars, cruxes, and c:ruzes and croixes, and all Applying the reasoning of Hegel to the problem before us, the such. paraphernalia, appeals to vanity, and tommyrot. Would burning issue of medals, we are compelled to take the ca.se not the spirit thereby engendered be somewhat superficial, or, we philosophically in the followtng manner: might say, give the wearer a false slant of himself, and give the Thes-is- person who must look. upon him emotional' reactions of a very If a citizen is not worthy, he should not have a. medal; and if questionable nature? And war has a false glam-our. Decorations help in creating this. Let us fight for our country-and, if he is- worthy, he does not need it. really necessary, die for it--but let us die honestly, facing the Antithesis truth, and let us ask no man to go to his g:ra-ve blindfolded To insist on his having it is, according to the philosophy of the intellectually. Should a democracy adopt the policies of an em­ great Hegel, the antithesis. pire, or of a dictatorship? I am sure we will not; but certainly Synthesis we shou;Id not begin bad precedents._ Don't let him have the medal.. PRACTICAL It may be suggested that Congress may wen devote its time to HISTORICAL more important matters than spangling out our officers with for­ Unlike the Government of the United States, those of_ foreign eign decorations. For true courage, both physical and especially countries sometimes use medals to buy the souls and' bodies- of mental, no one resents recognition; for scientific and technical their people. Take, for example, Napoleon. While he was at Elba, achievement, there is no reason why such should not receive re­ ali the minds of regal sport, and the glorious pastime of a few wards, prizes, or medals. deciding on chessboard moves in Europe, wondered whether he But foreign decorations sometimes bring in complications. It could stage a come-back. He paced the shores of the island and was shown under the captions "Historical" or "Military" some of figured it all out. the things that have happened and are happening. If such a He landed in France on March 1, 1815, with eight· trunldoads practice is started it will lead to jealousies and bad discipline in of medals and proclamations to his "dear soldiers" and his "dear our military forces: it will lead to more international jealousies people." One of his medals showed him as an eagle flying over and 111 feeling. I can see no practical benefit in starting such a. the waters to France on one side, and soldiers welcoming hjm on precedent: the other.- He appealed to the vanity of the French. He passed out medals. He gave rank and titles to fob hunters. By creating NEUTRALITY IN DECORATIONS orders of all kinds he bought off people who might have made _ Hence, in the matter of decorations, we should at least view it trouble for him. So he was- able to- make a "bigger and better" with impartiality and neutrality. Either we accept from all coun­ war-to use the language of our great industrialists and munitions tries, or none. We obviously cannot play favorites. And, as makers, In fact, he managed to kill off a huge number· of boys pointed out, it is doubtful if Congress would permit its officers and veterans who had escaped his· other wars. But despite ali his to accept decorations from certain foreign powers--and that if pains, he got it in the neck himself at Waterloo. The medals they did it might cause complications, and at least might cause did not wo-rk. embarrassment and h~iliation. Let us therefore accept no for­ ECONOMIC eign decorations. For Congress to deliberate on meda!s takes time. Now, time is LET'S BE SERIOUS--cONCLUSION money. The costs for heat; light, and power are high. They But let me be serious and sum up. This matter came before amount to several theusand dol-lars an. hour. This extra burden our committee hmriedly and was rushed through. with practically should not be put on taxpayers. They have enough aches and no consideration. This is not intended as a :reftection on my col­ pains. We should not unbalance the Budget any more than tt is. leagues of the committee, for several asked for facts. It was not INTERNATIONAL rega:uded as an important matter. It was finally agreed that some It is sometimes said that the exchange of medals is one of the explanatory- "letters" would be placed in the majority opinion-an amenities of international intercourse, that it makes for peace, explanation afterward. One dislikes to cause controversy on a good will, and the international mind. I doubt it. subject that seems so trivial, and I merely contented myself by Before the World War broke out the kings, emperors,. and other asking that I be allowed to file a minority report. To object to such a pro.cedure is like preventing a child from getting a piece rulers of Europe threw medals, honors, military titles1 and hon­ orary degrees around like leaves. Did these amenities stop the of candy, a toy, or red-top- boots. But, I repeat, the precedent is war? History says "No." After the war broke out. anyway, the bad; and since Congress can Include foreign tttles in its duties British owners of German medals, titles, degrees, and honors flung without limit, the best thing is not to start such nonsense. With them back with high scorn, and vice versa. And so on, all. along fascism striking down. free government all over the world, for us the nne. to adopt a policy like this may- prove dangerous to democracy. We have a more recent example. British Sir Knights and a.11 When a half-good, half-bad bill is presented which calls for vague ' noble b-rothers are Their Majesties the new King of England, as purposes, the proponents usually say, "This is a step in the right was his honored and deceased father, King George v; the King of direction." This bill is a step in the wrong direction. Italy; Haile Selassie, Emperor of Ethiopia; Benito Mussolinf, li There is no necessity for the granting of these medals--no use, Duce and Dictator of Italy; and numerous other mona:rchs and no useful purpose, and no benefit. That ought to · be enough. ex-monarchs and our own distinguished war leader, Gen. John J. But we may go further-there may be definite harm in the granting Pershing (Sir John, for short, for few Americans know that· som-e of them; it mayr create jealousy, envy,_ false social atmosphere, of their fellow Americans have titles of nobility). superficiality of thought--bad discipline; it may even cause inter­ These eminent men belong, as· it were, to the same medal club'. national eventualities and misunderstandings. Suppose we re­ They should have been able to. keep pe.ace in the club. Were they? fused medals from one country arret ac·cepted them from others? War in Ethiopia suggests "the contrary to the thoughful. Hence, Certainly those of us who know the history of medals and have Q. E. D., so to speak, medals do not automatically bring peace, seen this habit carried to tts natural conclusioms in other coun­ not even titles of nobility. tries are depressed at the idea. It is all a bad idea, I think, bene­ l\IIILITART fiting no American citizen. I repeat, if our constitutional prerogatives are so dwarfed and Usually, if anyone opposes anything the militarists, o-r for that matter, honest enthusiasts, want" for the Army or Navy-including a cramped by judicial fiat that we have time; in these grave days, law in violation of the right of free speech and press--such person for sueh puerile trivia:lities, we should disband. is generally branded as · oppos-ect to "natiotlal defense" 1 Will I think that Congress should defeat the bill and proceed to more national defense be benefited by loading our o:tficers down with important matters. rattling foreign decorations? Do we ·really desire the o:tficers of MAURY MAVERICK. the United States Army to accept foreign decorations? Would it SPECIAL COMMITTEE TO INVESTIGATE OLD-AGE-PENSION SCHEMES not subject them to the possibility of critfcism? An officer gets a medal, we will say, from Italy. Would he not then be called a Pursuant to House- Resolution 418, Seventy-fourth Con­ "tool of Fascist Italy", a designing monster and a clever spy, hav­ gress, the Speaker announced the appointment of the fol­ ing more affection for Mussolinl than for- his own country? I a.m. sure, at least, that some of our anti-Fascists, Socialists--and even lowing l\4embers of the Select Committee to Investigate Old­ Democrats--would object strenuously. Ahd suppose 6ne ot our Age-Pension Schemes: . 2610 CONGRESSIONAL RECORD--HOUSE FEBRUARY 22 Mr. BELL, of Missouri; Mr. LUCAS, of Illinois; Mr. GAVAGAN, H. R. 8437. An act to provide for the issuance of a license Of New York; Mr. TOLAN, of California; Mr. HOLLISTER, of to practice the healing art in the District of Columbia to Ohio; Mr. DITTER, Of Pennsylvania; Mr. COLLINS, of Califor­ Dr. Arthur B. Walker; . nia; and Mr. HOFFMAN, of Michigan. H. R. 8821. An act to define the crime of bribery and to LEAVE OF ABSENCE provide for its punishment; By unanimous consent leave of absence was granted to H. R. 8872. An act authorizing the Secretary of the Navy, Mr. MoNTET, for 3 weeks, on account of important business. in his discretion, to deliver to the custody of the Woman's Club, of the city of Paducah, Ky., the silver service in use on BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT the U. S. S. Paducah; Mr. PARSONS, from the Committee on Enrolled Bills, re­ H. R. 8966. An act for the relief of World War soldiers ported that that committee did on this day present to the who were discharged from the Army because of minority or President, for his approval, bills and a joint resolution of the misrepresentation of age; and House of the following titles: H. J. Res. 356. Joint resolution to permit articles imported H. R. 1381. An act to amend Public Law No. 249, Seventy­ from foreign countries for the purpose of exhibition at the first Congress, entitled "An act to authorize the Secretary of Pan American Exposition to be held in Tampa, Fla., to be the Navy to dispose of material no longer needed by the admitted without payment of tariff, and for other purposes. Navy"; H. R. 1415. An act to provide for the establishment of the ADJOURNMENT Richmond National Battlefield Park, in the State of Virginia, Mr. BANKHEAD. Mr. Speaker, I move that the House do and for other purposes; now adjourn. H. R. 1470. An act for the relief of Carl A. Butler; The motion was agreed to; accordingly (at 1 o'clock and H. R.1867. An act for the relief of Orville E. Clark; 9 minutes p.m.) the House adjourned until Monday, Febru­ H. R. 2110. An act for the relief of W. A. Harriman; ary 24, 1936, at 12 o'clock noon. H. R. 2156. An act for the relief of Cecelia Callahan; H. R. 2157. An act for the relief of Howard Donovan; EXECUTIVE COMMUNICATIONS, ETC. H. R. 2165. An act for the relief of Charles A. Gettys; H. R. 2527. An act for the relief of Mrs. Amber Walker; 677. Under clause 2 of rule XXIV, a letter from the Acting H. R. 2923. An act for the relief. of Misner Jane Humphrey; Secretary of the Navy, transmitting a draft of a proposed bill H. R. 3557. An act for the relief of Helena -C. VonGroning to authorize the Secretary of the Navy to proceed with the and Stephan VonGroning; construction of certain public works, and for other purposes; H. R. 3565. An act to authorize the Secretary of War to taken from the Speaker's table and referred to the Committee effect exchange of certain rights-of-way in Hawaii; on Naval Affairs. H. R. 3864. An act for the relief of Gladys Robbins; H. R. 4047. An act granting 6 months' pay to James Zanetti; REPORTS OF COMMITTEES ON PUBLIC BILLS AND H. R. 4084. An act for the relief of Charles D. Jeronimus; RESOLUTIONS H. R. 4171. An act for the relief of Look Hoon and Lau Under clause 2 of rule XIII, Hoon Leong; Mr. BUCK: Committee on Ways and Means. H. R. 11327. H. R. 4210. An act for the relief of Anthony Nowakowski; A bill to exempt from taxation receipts from the operation of H. R. 4292. An act to authorize the Secretary of War to Olympic Games if donated to the State of California, the grant rights-of-way to the Arlington & Fairfax Railway Co. city of Los Angeles, and the county of Los Angeles; without across the Fort Myer Reservation, Va.; amendment